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Terms and Conditions

GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY CONDITIONS FOR CONTRACTS WITH ENTREPRENEURS

 

1. Scope

These general terms and conditions (hereinafter "GTC") apply to contracts for the sale and delivery of goods by Berger Feinste Confiserie GmbH, Schokoladenweg 1, A-5090 Lofer, Austria (hereinafter "we") to consumers (hereinafter "you") which are concluded via our webshop https://www.confiserie-berger.at. By placing an order via our webshop, you agree that these terms and conditions become the basis of the contract.

 Our resellers have their own separate terms and conditions.

2. Conclusion of contract
2.1 Our presentation of goods in the web shop is not yet a binding offer to sell. Rather, you make the offer to conclude a purchase contract by clicking the “order subject to payment” button in our web shop at the end of the ordering process.

2.2 We confirm the receipt of your order via our webshop by an automatically sent e-mail, which does not yet result in acceptance of the order. The acceptance of your order takes place - within the legal deadlines - by a separate e-mail, by the dispatch confirmation or by simply sending the ordered goods on our part. We are not obliged to accept incoming orders. We also reserve the right to only partially accept orders. We will inform you about the rejection or only partial acceptance of your order without giving reasons by email.

 

3. Prices, shipping and delivery

3.1 All prices quoted by us are in euros, including statutory value added tax and plus shipping costs. In principle, the prices shown on the day of the order apply.

3.2 In order to guarantee the quality of our goods as best as possible, we only send orders by post or parcel service at cooler temperatures. Here delivery delays may occur.

3.3 The delivery time is generally up to 14 working days after receipt of the order. For orders that are received by us less than 24 working days before Valentine's Day, Easter, Mother's Day or Christmas, the delivery time can be extended by up to 10 working days. The delivery time can also be extended because we can only send postal parcels during hot periods from September to May on days on which the maximum daily values ​​do not exceed [25] degrees in order to avoid the quality of our goods in the interests of our customers endanger. We will notify the customer in the event of delivery delays and arrange for delivery immediately after the temperatures have cooled down accordingly.

3.4 For deliveries within Austria, shipping costs of € 6.00 will be charged. For deliveries to Germany, shipping costs of € 12.00 apply. For deliveries to Italy shipping costs of € 24.00 apply. The shipping costs include all packaging costs. Customers from other countries than Austria, Germany and Italy can send an inquiry to schokolade@confiserie-berger.at. In case we are able to meet the inquiry, we will declare the shipping costs, which the customer has to pay, to the customer before shipping.

We deliver free of charge for the following amounts:

  • Austria: free shipping from 30 €
  • Germany: Free shipping from 50 €
  • Italy: Free shipping from 50 €

Our resellers have their own separate shipping rates. 

4. Payment terms

4.1 Payment for the goods ordered can be made by credit card (Visa, Mastercard) or by "immediate transfer". Your credit card will be charged when we accept the order. If your credit card is not charged successfully, we can revoke the acceptance of the order. You will receive a copy of the invoice with the ordered goods.

4.2 You are only allowed to set off claims - except in the case of the opening of insolvency proceedings against our assets - if the claim has been recognized by us, has been legally established or is legally related to your liability.

 

5. Retention of title

The goods delivered to you remain our property until they have been paid for in full.

 

6. Guarantee, storage and shelf life of chocolate articles

6.1 We strive to send only high quality goods. Should our products nevertheless show a defect, you are of course entitled to the statutory warranty rights. In any case, we pack our goods carefully before dispatch so that, if handled properly by the post office or a parcel service, there are no defects in the goods ordered. If you have a statutory right of withdrawal (see point 7), this remains unaffected in any case.

6.2 Chocolate consists to a large extent of cocoa butter. If chocolate is exposed to temperature fluctuations, a so-called "gray frost" can develop, which affects the appearance, but not the quality or taste of the chocolate. In addition, too high a room temperature means that touching the chocolate bars leaves marks on the glassine. Chocolate should therefore always be stored in a cool and dry place (at 12-18 ° C). Storage near a radiator can cause the gray frost to develop. The shelf life of unfilled chocolate bars is usually 12 months, and 6 months for filled bars. Pralines and truffles have a shelf life of 3-4 months. The shelf life is indicated on the respective packaging.

 

7. Right of withdrawal and consequences of withdrawal

You do not have a right of withdrawal for goods with a short shelf life. We expressly point out corresponding goods, for which we exclude a right of withdrawal, in the webshop. You also have no right of cancellation for goods that we have delivered to you sealed and whose seal has been removed after delivery, due to the hygiene reasons we must comply with. In all other cases you have the following right of withdrawal:

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods. In order to exercise your right of withdrawal, you must contact us (Berger Feinste Confiserie GmbH, Schokoladenweg 1, A-5090 Lofer, Austria, Tel .: +43 (0) 6588 7616, Fax: +43 (0) 6588 7616-4, E-Mail : schokolade@confiserie-berger.at) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

 

Consequences of the withdrawal

If you withdraw from this contract, we will have given you all payments that we have received from you, including the delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent back the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

 

8. Applicable law, place of performance, place of jurisdiction

8.1 For all contracts concluded via our webshop, Austrian law applies exclusively, excluding the provisions of international private law. The place of performance is the seat of our company.

8.2 If you have your domicile or habitual abode in Germany or if you are employed in Germany, we can only take legal action against you in a court in whose district your domicile, habitual abode or place of employment is located;this does not apply to legal disputes that have already arisen. Contract, order and complaint language is German.

8.3 Should a provision or part of a provision of these terms and conditions be or become ineffective, the validity of the rest of the terms and conditions will not be affected.

Status: December 2020

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