General Terms and Conditions of Business

I. Allgemeines

OBERLAA Konditorei GmbH & Co KG (hereinafter referred to as ‘OBERLAA’), with its business address at Seilergasse 15, 1010 Vienna, Austria, operates an online shop for the sale of various company products on the website ‘shop.oberlaa-wien.at’.

II. Scope of application

  1. The business relationship between the online shop operated by OBERLAA on the one hand and the purchaser of goods (hereinafter: ‘Customer’) on the other hand shall be governed exclusively by the following General Terms and Conditions of Business (hereinafter: ‘GTC’) in the version valid at the time of the respective order.
  2. Any deviating terms and conditions of the Customer shall not be valid unless OBERLAA has confirmed them in writing or by e-mail before accepting the order. Agreements deviating from the GTC must be made in writing to be valid.
  3. By placing an order, the Customer expressly recognises the GTC. Only our current terms of delivery and payment apply to deliveries. All agreements, in particular verbal agreements with OBERLAA representatives and telephone orders, must be confirmed in writing.

III. Conclusion of contract

  1. The offers of OBERLAA contained in the online shop at the website ‘shop.oberlaa-wien.at’ are subject to change and non-binding.
  2. By placing an order in the online shop, the Customer submits a binding offer to purchase the goods. By placing an order, the Customer expressly recognises the GTC. After receipt of the order by OBERLAA, an automatic order confirmation of the order placed by the Customer will be sent to the e-mail address provided by the Customer. This order confirmation shall be deemed acceptance of the offer, whereby the contract between the Customer and OBERLAA shall be concluded immediately. The Customer may receive a further message after the order has been processed by OBERLAA.

IV. Subject matter of the contract

  1. The subject of the contract are the products ordered by the Customer and specified in the order confirmation at the prices shown in the online shop on the order date, plus the delivery and processing fee shown separately.
  2. OBERLAA expressly points out that the images on the website are sample photos and that the actual appearance of the products may differ from these images.

V. Order

The ordered goods are dispatched Monday to Saturday between 10 a.m. and 3 p.m. No orders are processed or dispatched on Sundays and public holidays.

VI. Delivery/dispatch

  1. Deliveries within Vienna are made by the Oberlaa delivery service at a flat rate of €28.00, regardless of the order value. Deliveries within Vienna from an order value of €220.00 are free of charge until cancelled.
  2. When ordering, the Customer can specify a non-binding, desired date on which the ordered goods should be delivered. This desired date can only fall on a day from Monday to Saturday. No orders are delivered on Sundays and public holidays.
  3. The following standard times apply to deliveries, provided the recipient’s address and telephone contact details are correct:
    • We deliver within two working days of order confirmation
    • Deliveries are only made Monday to Saturday between 10:00 a.m. and 3:00 p.m., taking into account as far as possible the desired date specified by the Customer when ordering
    • In the case of advance payment within two working days of receipt of payment.
  4. The products labelled accordingly in the shop can also be ordered by the Customer within Austria by mail order. Shipping is carried out by Austrian Post at the shipping costs listed below. When shipping the products, the risk of loss or damage shall pass to the Customer as soon as the products have been handed over by OBERLAA to the named carrier.Prices staggered according to the net filling weight of the order:
    1 Zone = Austria:
    0 – 100 g = 7.00
    From 100 g – 3.5 kg = 12.80
    From 3.5 to 10 kg = 17.60
    From 10 kg = 22.80
    2 Zone = Germany and Italy
    0 – 100 g = 7.50
    From 100 g – 2 kg = 23.80
    From 2 – 4 kg = 27.40
    From 4 – 10 kg = 32.80
    From 10 kg = 55.80
  5. Unless otherwise agreed, delivery/dispatch shall be made to the specified customer address. If no exact address is specified, the customer address shall be deemed to be the valid delivery/shipping address. In the event of incorrect, incomplete or unclear information provided by the Customer, the Customer shall bear all resulting costs and risks.

VII. Collection

The individual Oberlaa patisseries can be selected as pick-up locations during the ordering process. If you collect your order from one of our patisseries, there are no delivery costs until further notice.

VIII. Retention of title

The delivered goods shall remain the sole and unrestricted property of OBERLAA until full payment of the purchase price including all ancillary charges.

IX. Liability/warranty

OBERLAA’s liability is limited to damages caused intentionally or through gross negligence. This shall not affect any mandatory statutory liability provisions.

  1. All products are checked by OBERLAA before being dispatched or made available in the shop. The instructions on shelf life and storage of the goods must be observed. If the goods purchased from OBERLAA are not properly stored by the Customer or are only consumed after their shelf life has expired, any warranty and liability on the part of OBERLAA is excluded.
  2. The Customer or a third party named by the Customer must inspect the goods for defects immediately upon receipt. In the event of delivery/shipping, an employee of OBERLAA must arrange for a damage assessment immediately after receipt of the goods, whereby the employee must be notified of the damage immediately and verifiably (e.g. by means of a corresponding photo by e-mail), otherwise a claim settlement will be rejected. Subsequent complaints will not be recognised.
  3. Defects which cannot be discovered immediately despite careful inspection must be reported immediately after their discovery, but at the latest within one working day of receipt of the goods, otherwise they shall be deemed to have been approved.

X. Right of cancellation/right of withdrawal for consumers

  1. Contracts concluded in the online shop constitute distance selling transactions within the scope of the Distance and Foreign Transactions Act (Fern- und Auswärtsgeschäfte-Gesetz (FAGG)).
  2. Customers who are consumers within the scope of the Consumer Protection Act (Konsumentenschutzgesetz (KSchG)) have the right to withdraw from the contract concluded in the online shop within 14 (fourteen) days without giving reasons.
  3. The cancellation period is 14 (fourteen) days and begins as soon as the Customer or a third party named by the Customer has taken delivery of the goods. In the case of a purchase contract for several goods, the cancellation period begins as soon as the Customer or a third party named by the Customer has accepted the last partial shipment, the last goods or the last item.
  4. To exercise the right of cancellation, the Customer must inform

OBERLAA Konditorei GmbH&Co KG

Seilergasse 15, 1010 Vienna
Tel: +43 (0)1 513 29 36-0. Fax: +43 (0)1 513 29 36-20

E-mail: Kurkonditorei@Oberlaa-Wien.at

of his or her decision to withdraw from this contract by means of a clear declaration (e.g. letter sent by post or e-mail). To comply with the cancellation period, it is sufficient for the Customer to send notification of the exercise of the right of cancellation before the expiry of the cancellation period.

In the event of cancellation, the following cancellation/revocation form must be completed and returned to OBERLAA (Annex I Part B FAGG):

To
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods:

Ordered on(*)/received on(*):

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only for notification on paper):

Date:

(*) Delete as appropriate.

  1. Consequences of the resignation:
    If the Customer cancels the contract, OBERLAA must refund all payments it has received from the Customer, including delivery costs and other fees, immediately and at the latest within 14 (fourteen) days of the day on which OBERLAA receives notification of cancellation of the contract. For this repayment, OBERLAA will use the same means of payment that the Customer used for the original transaction, unless expressly agreed otherwise; in no case will the Customer be charged any fees for this repayment. OBERLAA may refuse repayment until it has received the goods back or until the Customer has provided proof that the goods have been returned, whichever is earlier, and the Customer shall bear the costs of returning the goods.
  2. The right of cancellation is excluded in accordance with Section 18 FAGG for distance selling contracts for goods that can spoil quickly or whose expiry date would be quickly exceeded, as well as for goods that are delivered sealed and that are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery. Furthermore, the right of cancellation according to Section 18 FAGG is excluded for goods that are manufactured according to Customer specifications or are clearly tailored to the personal needs of the Customer or a third party named by the Customer.

XI. Data protection

All information on data protection can be found in the data protection declaration on the OBERLAA website under ‘Data protection’.

XII. Final provisions

  1. All images used on this website are subject to copyright regulations and are the property of OBERLAA.
  2. OBERLAA’s business address at Seilergasse 15, 1010 Vienna, Austria, is agreed as the place of fulfilment.
  3. The contract shall be governed by Austrian law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and to the exclusion of the conflict of law rules of private international law. If the Customer is a consumer within the scope of the Austrian Consumer Protection Act (KSchG), this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
  4. The competent court in Vienna shall have exclusive jurisdiction to decide on all disputes arising in connection with the contractual relationship. If the Customer is a consumer within the scope of the Austrian Consumer Protection Act (KSchG), this place of jurisdiction shall only be deemed agreed if the Customer has his or her place of residence, habitual abode or place of employment in this judicial district.
  5. If individual provisions of the contract or these GTC are legally invalid, this shall not result in the invalidity of the entire contract or the entire GTC. The remaining content of the contract and the remaining GTC shall remain unchanged. Any invalid provisions shall be replaced by new provisions that have the same economic effect.