General terms and conditions of business

 

1. General

The supplier provides goods and services.
All sales, deliveries and other services provided are subject exclusively to these general terms and conditions. Contestation of the latter with reference to the customer’s own terms and conditions of business or purchasing is expressly excluded.

2. Data protection

Data supplied to us by you is used in accordance with Austrian Data Protection Act.
Such data is used exclusively for the purpose of processing your order.

3. Terms of use

Valid purchases may only be made by natural or legal persons with full legal capacity to enter into transactions. Use by minors is prohibited. Users must enter the data required for a purchase (name, address, age, etc.) completely and truthfully.
The prices of goods on the order date apply. All prices include 10% or 20% VAT.

4. Conclusion of contract

By submitting an order, the customer makes a binding offer to purchase the goods ordered.
The purchase agreement enters into effect upon written acceptance and confirmation of the order by us (by e-mail).
Retailers are requested to contact us by e-mail.
We are under no obligation to cancel an order once it is made, or to agree to a written cancellation by the customer. If we nevertheless agree to cancel an order at the request of the customer, we reserve the right to charge a cancellation fee of 10% of the value of the goods ordered, but not less than ATS 344.00 (€25.00).
If a product is not immediately available we reserve the right to make an additional delivery within a reasonable period of time. The shipping and postage costs connected with such a delivery must be agreed in advance. We reserve the right to withdraw from the purchase agreement in the event that a product unexpectedly becomes completely unavailable.

5. Returns policy

Returns cannot be made in the case of:

• Goods that have been tailored to the customer’s personal requirements (custom products);
• Goods that are unsuitable for return, or
• Product packaging which has been opened.

If the customer is responsible for the destruction of or damage to the goods, the customer is obliged to pay the value of such goods.

6. Delivery and payment

We will make every effort to meet your desired delivery date, processing time permitting.
We cannot cover any customs duties on international deliveries. Customs duties must be paid in full by the invoicee.

a) Shipping within Austria:
Postage and packing costs are automatically added by the online shop software, and must be confirmed before submitting an order.

b) Shipping to destinations outside Austria:
Postage and packing costs for deliveries to be made outside Austria are calculated by us on receipt of orders. The customer is notified of these costs in writing.
The purchase agreement does not enter into effect until the customer has agreed to these costs.
In addition, in some cases customs duty and other charges may be levied on goods ordered. Any such charges must be borne by the customer. The total amount of such charges depends on the applicable national regulations. Further details may be obtained from local customs authorities.

7. Retention of title

All goods remain the property of the supplier until payment has been received in full.

8. Complaints

The customer must notify us of any evident defects in goods supplied – including transport damage – within seven days of delivery, in writing, by telephone (+43 3882 21790) or by e-mail to mariazell@pirker-lebkuchen.at
Guarantee claims for evident defects lapse in the event that complaints are not lodged in a timely manner. If goods are delivered with evident damage to the packaging or contents, the customer should refuse to accept the delivery, or accept it with reservations which should be communicated to the supplier without delay.

9. Returning goods

Returns of goods may only be made directly to the supplier’s address, in consultation with the supplier.
Goods to be returned must be complete and in the original packaging, and in all events in packaging suitable for safe transportation including strong outer packaging, and returned with the order invoice or a copy of the invoice.
The customer will bear the cost of any damage or delays caused by failure to comply with these requirements.
The cost of returning goods to the supplier will be borne by the customer (except in case of defective goods covered by warranty).

10. Liability

The supplier is not liable for wilful damage or damage caused by gross negligence.
The supplier is not liable for consequential damages, including lost earnings, unless such damages are wilfully caused by the supplier’s employees or arise from gross negligence on the part of the supplier’s legal representatives or senior executives.
Except in case of wilful intent on the part of employees, or wilful intent or gross negligence on the part of the supplier’s legal representatives or senior executives, liability is limited to the damages predictable at the time of conclusion of the purchase agreement.
The supplier accepts no liability for constant and uninterrupted availability of the online shop, or for technical or electronic malfunctions during data transmission.
In the event of evident errors in information transmitted due to technical or electronic malfunctions, the supplier accepts no liability and reserves the right to cancel any orders placed on clearly incorrect terms and conditions.
In case of doubt, any goods advertised with obvious typing errors regarding the price, quantity or package contents will be deemed not to have been offered.

11. Amendments to these general terms and conditions of business

The supplier reserves the right to amend these general terms and conditions at any time without giving reasons. Such amendments will not apply to orders already placed. By submitting an order, the customer acknowledges that he/she is aware of the applicable general terms and conditions of business.

12. Jurisdiction

These general terms and conditions are subject to Austrian law.
For all disputes arising with customers, insofar as they are “merchants” in the meaning of the Handelsgesetzbuch (Austrian Commercial Code), or investment funds or legal entities under public law, Leoben will be the sole place of jurisdiction.
Should a provision of these terms and conditions be invalid, this does not affect the validity of the other provisions.
If you have questions that remain unanswered by these terms and conditions, please address them by e-mail to: mariazell@pirker-lebkuchen.at

Data protection

We will abide by the Data Protection Act as amended when processing your personal information to fulfil the purchase agreement. Data we receive from you (including your title, name, postal and e-mail addresses, telephone number, payment type and credit card details) will only be acquired, processed and used to establish, formulate or amend the purchase agreement.
We are entitled to transfer this data to business partners contracted to carry out the purchase agreement, insofar as this is necessary for us to enjoy our rights and fulfil our duties under the purchasing agreement.
We will process and use data received from you for customer service, promotional and market research purposes, and to offer you goods and/or services that meet your requirements.

Data security guarantee

In order to ensure maximum security, we use modern encryption technology to transfer your data. The secure socket layer (SSL) standard guarantees that all personal data are first encrypted on your own computer and only then sent over the internet.
Each electronic key is used only once per order or payment process and is then deleted. This procedure is also used by banks for transmitting information over the internet.