General Terms and Conditions of Business
These General Terms and Conditions of Business in their relevant valid version apply to all order transactions and purchase contracts which are concluded via the online shop. Deliveries, services and offers take place exclusively on the basis of these General Terms and Conditions of Business. Our offers are directed exclusively to customers who are consumers in the meaning of the Austrian Consumer Protection Act. Other interested parties (enterprises) are cordially invited to contact us at the following email address: firstname.lastname@example.org
2. Conclusion of a Contract
The customer’s orders apply as an offer to conclude a contract. The customer is bound by his or her order for 72 hours after receipt. Orders must be explicitly accepted and it is only with the explicit acceptance do we accept your offer to buy and the contract comes into existence. Confirmation by email of the receipt of an order is not acceptance of the contract.
All the details in our online shop are subject to change and non-binding. For technical reasons, there may be slight differences between the goods supplied and the images of the products on the internet (e.g. colours).
The prices on our internet site apply exclusively. The price information includes all taxes, including Value Added Tax.
The Value Added Tax will be invoiced in accordance with the mail-order provisions of the Austrian Value Added Tax law. The delivery is exempt from Value Added Tax with regard to shipment outside the European Union. Any import duties are to be borne by the customer.
The shipment costs are dependent on the country of destination. There will be higher shipment costs in respect of part deliveries, which will be identified in the individual case.
Payment is either by credit card (Visa/Master Card), immediate electronic transfer or PayPal or in Austria by cash-on-delivery as well.
5. Retention of Title
We retain ownership of the goods delivered until they are paid for in full.
6. Right of cancellation
You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the date on which you or a third party appointed by you, who is not the carrier, took possession of the last goods.
To exercise your right of cancellation, you must notify us (Stieglbrauerei zu Salzburg GmbH, Attn. Braushop, Kendlerstraße 1, A-5017 Salzburg, Fax: +43 50 1492 1277, email: email@example.com) with an unequivocal statement of your decision to cancel this contract (e.g. a letter sent by post, fax or email). You may use the attached model cancellation form for this, but this is not obligatory.To meet the cancellation period, it is sufficient for you to send the communication concerning the exercise of the cancellation right before expiry of the cancellation period.
6.1. The consequences of the revocation
You shall only be liable for any diminished value of the goods if this diminished loss is due to handling of them other than what is required for checking the quality, properties and functionality of the goods. "checking the properties and functionality" means testing and trying out the goods as is possible and customary at a retail outlet.
If you revoke your contract declaration, we have to repay to you all payments which we have received from you, including the delivery costs (with the exception of the additional costs arising from you having selected a method of delivery other than the cheaper standard delivery offered by us), immediately and at the latest within 14 days from the date on which your revocation of this contract is received by us. We will us the same method of payment for this repayment as you used for the original transaction, unless something else is expressly agreed with you; in no case will you be charged fees for this repayment.
We can refuse the repayment until we have receive the goods back or you have provided proof that you have sent the goods back, according to whichever is the earliest. You must return or surrender the goods to us immediately and in each case by no later than within fourteen days from the date on which you informed us of this revocation of the contract. The deadline is observed if you despatch the goods before the expiry of the period of fourteen days. You will bear the direct costs of returning the goods.
7. Guarantee and Liability
Defective goods are to be returned to us. Over and above the guarantee, we assume liability only for intent and gross negligence. Compensation for consequential losses and in particular loss of profits due to defective delivery, non-delivery or late delivery is also excluded. This does not apply only if a time transaction has been agreed. Liability for personal injury and under the Product Liability Act is not restricted by this.
8. Choice of Law and Place of Jurisdiction
Every order is subject exclusively to Austrian law with exclusion of the jurisdictional reference standards of other jurisdictions and with the exclusion of the UN Convention on Contracts for the International Sale of Goods. However, in accordance with Article 5, Paragraph 2, of the Rome Convention of 1980 [EVÜ], mandatory consumer protection provisions in the consumer’s home country also apply.
9. Contact Details
For questions, please contact:
Customer Service for the Stiegl brewery in Salzburg GmbH
Tel: +43 50 1492-1992