General Terms And Conditions
Valid since 01.12.2014
a) These General Terms and Conditions of Use, Business and Delivery (abbreviated as GTC) apply to the use of all internet places operated by Eveline Gisela Amort and to all deliveries of goods, which are made by Eveline Gisela Amort due to orders in distance selling. By clicking the checkbox "I accept your general terms and conditions " before completing the order process, the buyer agrees to these terms and conditions and bound by them.
b) Amendments or collateral agreements require confirmation by Eveline Gisela Amort to be valid and apply only to the individual business case. Employees are not authorized to agree on amendments or collateral agreements to these GTC.
c) Contractual conditions of the customer are expressly contradicted in their entirety.
d) Should individual points of these GTC be invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on their basis. In place of the invalid provision, the parties shall agree on a valid provision that comes closest to the meaning and purpose of the invalid provision.
2. Contractual relationship / data
a) Our offers are entirely subject to change. Orders of the customer are the offer in the legal sense, to which the customer is bound for three weeks. The contract is only concluded by our order confirmation or by delivery or service. A separate notification of the customer of the acceptance is not required.
b) We are entitled to accept orders even only in part.
c) Before sending the order ("order with costs" button), the customer receives a summary of the contents of the order including prices, which he can still correct or confirm. The receipt of the order by us will be confirmed by an automatically sent mail, but this does not mean that the order has been accepted.
d) The customer is aware that the Internet is not a secure communication medium and that data sent via the Internet can become known on the one hand and can be changed by third parties on the other hand. The customer bears the risk that data may not reach us or may not reach us in the form in which it was sent. We may rely on the fact that the data was sent by the customer in the form in which we receive it.
Contract Data: Contract data is stored for billing purposes and can be viewed by the customer at any time via LogIn. The determination of your data is only to process your order, for shipping and our accounting. Your data will not be disclosed to third parties unless this is absolutely necessary for the fulfillment of the contract (eg for delivery). Our partner companies also comply with the Data Protection Act.
a) The prices are valid at the time of the order including legal VAT plus all expenses arising with the shipment. They can be seen in the shopping cart before the contract is concluded and afterwards in a contract confirmation sent to the customer. Should export or import duties become due in the course of shipment, these shall also be borne by the customer (information on this can be obtained from your responsible customs office).
b) Price quotations on our Internet sites and in the price lists are subject to change. We reserve the right to change the information contained therein at any time. The prices are valid at the time of the order including VAT, plus all expenses incurred with the shipment. The invoicing takes place in EURO.
4. Delivery and delivery time
Our partner for the shipment of goods is the Austrian Post and its partner companies.
a) The specification of delivery dates is non-binding. Non-compliance with the delivery dates entitles the customer in any case only then to assert the right of withdrawal, if we do not carry out the delivery despite a written setting of an at least two-week grace period. The specification of delivery times always refers to working days, weekends and public holidays are excluded and thus extend the total delivery time. The delivery time starts from the receipt of the shipping confirmation by e-mail.
b) The delivery period shall be extended by the duration of the hindrance due to all circumstances independent of the will of the parties, such as cases of force majeure, unforeseeable operational disruptions, official interventions, transport and customs clearance delays, transport damage and labor disputes.
c) Insofar as partial deliveries are possible, they are also legally permissible. Each partial delivery shall be deemed to be a separate transaction and may be invoiced separately by us.
d) Delivery is normally made within 3-4 working days from the order confirmation, but in any case within the legally prescribed delivery period of 30 days from the order date. Should the delivery be exceptionally delayed, we will contact the customer immediately after the delay becomes known, but before the deadline of 30 days, and obtain his consent to the later delivery. If the customer does not agree, he is entitled to withdraw from the contract.
5. Import and customs regulations, export regulations
a) When ordering, the import and customs regulations of the respective country must be observed by the customer in any case.
b) The customer shall bear the risk for all consequences arising from unauthorized shipment of goods abroad, non-observance of import and customs regulations of foreign countries (including transit regulations), from the incorrect or insufficient completion of the customs declaration of contents, the green customs slip or other accompanying documents, as well as from non-observance of the applicable export regulations. This also applies to damages incurred by the sender due to loss of the right to compensation if the shipment is seized by the customs authorities of a foreign country. It is the customer's responsibility to obtain information from the recipients of the consignments, the foreign representations of the countries of destination or transit, the foreign trade offices, the chambers of industry and commerce or other offices.
6. Warranty, Liability, Guarantee
The warranty shall be governed by the statutory provisions. It is limited to the statutory period of 24 months from the date of acceptance of the goods by the buyer or, in the case of services, with the completion of the service. In the case of justified complaints, the goods will be replaced or improved free of charge within a reasonable period of time. If replacement or improvement is not possible (not possible, too much effort, unreasonable, delay, etc.), then the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (conversion).
Defects that occur must be disclosed as far as possible upon delivery or after they become visible, whereby failure to disclose upon delivery or after they become visible by a consumer has no influence on the consumer's warranty claims. If the purchase is a commercial transaction (B2B) for the customer, he must inspect the goods no later than 2 weeks after receipt and notify us immediately if a defect is found.
Our company is only liable for damages in case of intent and gross negligence. This does not apply to personal injury or consumer transactions. The existence of slight or gross negligence has to be proven by the injured party, unless it is a consumer transaction. The replacement of (defect) consequential damages, as well as other property damage, financial loss and damage to third parties against the customer, unless it is a consumer transaction, is excluded.
Our company as the operator of the web store mentioned in the imprint provides the services with the utmost care, but is not liable for the services provided by third parties or obtained from third parties.
The guarantee is to be asserted with the guarantor and takes place according to his regulations. Please refer to the contract confirmation for any warranty conditions. By claiming the warranty, the statutory warranty is not limited. When shipping the goods in consumer transactions, the risk of loss or damage to the goods shall not pass to the consumer until the goods are delivered to the consumer or to a third party designated by the consumer and different from the carrier.
If, however, the consumer has concluded the contract of carriage himself without making use of a choice suggested by us, the risk shall pass as soon as the goods are handed over to the carrier.
7. Compensation for damages
We do not assume liability for damages for whatever legal reason, in particular due to delay, impossibility of performance, positive breach of contract, culpa in contrahendo, consequential harm caused by a defect, deficiencies or tortious acts, which are caused as a result of slight negligence by us or persons for whom we are responsible. Customers who are entrepreneurs in the sense of the consumer protection law have to prove the existence of gross negligence or intent. In the case of contracts with consumers, damages to the person and to objects taken over for processing are excluded from this exclusion of liability. By mutual agreement and expressly, liability is excluded in the case of slight negligence.
Please note that too hot weather can affect especially the visual appearance of chocolate. However, we can unfortunately not accept any liability for melted chocolate due to incorrect storage by the carrier or excessively long transport times.
Please also note that we generally require photos of damaged goods in order to be able to claim the damage for you from the carrier.
8. Terms of payment
a) We accept the following payment methods:
Immediate bank transfer
Credit card (Eurocard/MasterCard, Visa)
If payment is made by credit card, the charge will be made on the same day. When paying by credit card, the customer provides the following data: Cardholder, card number, credit card company, expiration date, CVV code. The data is transmitted via SSL encryption with at least 128 bit key and thus cannot be viewed by unauthorized persons. Further information can be found here: Privacy
Prepayment / Bank transfer
In the case of payment by bank transfer, the customer must make payment within one week of receipt of the order confirmation. Delivery will be made only after receipt of payment.
Cash payment upon collection
b) If the customer is in default of payment, we are entitled to charge the legally regulated interest on arrears. The statutory interest rate for money claims between entrepreneurs from business transactions is 8 (eight) percentage points above the prime rate. The statutory default interest rate between consumers and entrepreneurs is 4 (four) percentage points above the prime rate. (zinsklauseln.oenb.at)
c) In the event that the customer is in default with payment or his other services, we shall be entitled - without prejudice to any other rights - to withhold our deliveries until the agreed counter-performance has been rendered, while observing the still open delivery period, or to withdraw from the contract after a reasonable grace period has expired and to claim damages for non-performance. In this case, the customer shall immediately return the delivered items to us at his own expense. We reserve the right to assert claims for damages for devaluation, wear and tear, compensation for our own transport expenses and other items. In the event of withdrawal from the contract by us, we shall be entitled to demand or retain 25% of the price as a minimum contractual penalty.
d) In the event of a breach of his contractual obligations, the customer undertakes to reimburse us for all costs necessary for the appropriate pursuit of our claims. EUR 10,-- per reminder are to be reimbursed by the customer. In addition, the costs of collection agencies shall be reimbursed up to the maximum fees provided for in the applicable ordinance for maximum fees in the collection business and the costs of attorneys pursuant to the Attorney Tariff Act.
e) The customer may only offset claims in the event of our inability to pay or with related, undisputed or legally established claims. Entrepreneurs within the meaning of the consumer protection law may only assert a right of retention with regard to such claims.
f) Default of acceptance: For default of acceptance by customers who have ordered as entrepreneurs, we are entitled to store the goods with us, for which we charge a storage fee of EUR 5,- per calendar day or part thereof. At the same time we insist on fulfillment of the contract.
9. Retention of title
Until full payment of the price including all ancillary charges, the delivered goods remain our sole and unrestricted property. Until then, they are thus only goods entrusted to the customer, which may neither be sold nor pledged, neither given away nor lent. The customer is not entitled to dispose of these goods without our prior express consent and bears the full risk for the goods entrusted to him in every respect, in particular also for the risk of destruction, loss and deterioration. If payment is not made immediately after a reminder in the event of default, our goods subject to retention of title shall be returned immediately. The costs of taking back the goods shall be borne by the customer.
10. Applicable law, place of performance, place of jurisdiction
The contracting parties agree on the application of Austrian law. If the consumer has his domicile or habitual residence in Austria or if he is employed in Austria, a lawsuit against him can only be brought before the court in whose jurisdiction the domicile, habitual residence or place of employment is located; this does not apply to disputes that have already arisen. The UN Convention on Contracts for the International Sale of Goods and all provisions relating to the UN Convention on Contracts for the International Sale of Goods are expressly excluded. For contracts with companies, our registered office is agreed as the place of jurisdiction.
11. Place of performance for business transactions
The place of performance for all services arising from the contract is our registered office.
12 Right of withdrawal for consumers
Consumers have the right, in accordance with the law, within fourteen days without giving any reason to revoke this contract.
The withdrawal period is:
1. in the case of a service contract or digital content that is not delivered on a physical medium, fourteen days from the date of conclusion of the contract.
2. in the case of a purchase contract, fourteen days from the day on which you or a third party named by you, who is not the carrier, has/have taken possession of the goods.
3. in the case of a contract for several goods which the consumer has ordered as part of a single order and which are delivered separately fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
4. in the case of a contract for the delivery of goods in several partial consignments or pieces, fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial consignment or piece.
5. in the case of a contract for the regular delivery of goods over a fixed period of time, fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the first goods.
To exercise your right of withdrawal, you must inform us (name, address and, if available, telephone number, fax number and e-mail address) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. In the case of sales contracts in which we have not offered to collect the goods ourselves in the event of cancellation, we may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
If you have received goods in connection with the contract, you must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. In the case of goods that cannot be sent by parcel post, the costs for the return shipment are estimated at a maximum of approximately 150,- EUR.
You will 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 for testing the condition, properties and functioning of the goods.
If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
If the customer is an entrepreneur, revocation is completely excluded.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back)
- To [name, address, e-mail address and, if applicable, fax number of the entrepreneur
to be inserted by the entrepreneur]:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the
purchase of the following goods (*)/the
provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication)
(*) Delete where not applicable.
Download as Word
Instructions for the easiest possible handling of the return shipment
If possible, please return the item to us complete in the original packaging.
The consumer has no right to withdraw from contracts for
1. services, if the entrepreneur - on the basis of an explicit request of the consumer according to § 10 FAGG as well as a confirmation of the consumer about his knowledge of the loss of the right of withdrawal in case of complete fulfillment of the contract - had started the execution of the service before the expiry of the withdrawal period according to § 11 FAGG and the service was then completely fulfilled,
2. goods or services, the price of which depends on fluctuations in the financial market, over which the entrepreneur has no influence and which may occur within the withdrawal period,
3. goods that are made to customer specifications or clearly tailored to personal needs,
4. goods that can spoil quickly or whose expiration date would be quickly exceeded,
5. frozen goods
6. goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery,
7. goods that have been inseparably mixed with other goods after delivery due to their nature,
8. sound or video recordings or computer software delivered in a sealed package, provided that their seal has been removed after delivery,
9. the delivery of digital content not stored on a physical data carrier, if the entrepreneur - with the express consent of the consumer, combined with the consumer's knowledge of the loss of the right of withdrawal in the event of premature commencement with the performance of the contract, and after providing a confirmation pursuant to Section 7 (3) FAGG - has commenced with the delivery before the expiry of the withdrawal period pursuant to Section 11 FAGG.
a) Deliveries and declarations of intent shall be made to the address specified by the customer in the order with legal effect until a different address is notified in writing. The customer is obliged to provide the relevant data requested in the form completely and correctly when concluding the contract. In the event of incorrect, incomplete or unclear information provided by the customer, the customer shall be liable for all costs incurred by us as a result. The customer is obligated to inform us immediately in writing of any changes of name, address or change of domicile. In the event of failure to do so, any written notification sent to the customer's last known address shall be deemed sufficient to meet the requirements of effective delivery.
b) Any transfer of the rights arising from the contract concluded with us to third parties requires our written consent.
c) The packaging shown in the store may differ from the delivered packaging, e.g. due to a redesign measure of the producer. As long as the promised content or the correct product is delivered, it is not possible to make a claim for damages in whatever form to the Eveline Gisela Amort.
14. Info about cookies
The generated cookies have an expiration time of max. 6 months.
You can set your browser so that you are informed about the setting of cookies, decide on a case-by-case basis whether to accept them or generally exclude the acceptance of cookies. If you do not accept cookies, the functionality of our website may be limited.
15. Information about Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google").
Further information: www.google.com/analytics/
16. Use of the internet places
The customer is not entitled to use contents, graphics, source texts, offers, price quotations, logos, logos, trademarks, intellectual property rights or other contents of the internet places operated by Eveline Gisela Amort. The use of the internet places operated by Eveline Gisela Amort is at your own risk.
17. Contract language
The content of the contract, all other information, customer service, data information and complaint handling are offered in the German and in the English language throughout.
With your consent, we use your e-mail address to send our newsletter.
You can unsubscribe from our newsletter at any time after registration by contacting the e-mail address in the imprint or by clicking on the unsubscribe link at the end of each newsletter.
All news, graphics and the design of our websites are exclusively for the personal information of our customers and are protected by copyright.
20. Storage of the contract
The text of the contract is stored by us and can be requested by you after completion of the ordering process. You can print out the order data immediately after submitting the order. To do this, you can either use the subsequent page "Your order" or the mail "Confirmation of receipt".
Recourse claims in the sense of the product liability law are excluded, unless the person entitled to recourse proves that the defect was caused in our sphere and was at least caused by gross negligence. The contractual partner waives the possibility of set-off. However, this shall not apply to consumers.
We recommend that declarations, notifications, etc. addressed to us - with the exception of notifications of defects - be sent to us in writing.
Info, data information and complaints to Eveline Gisela Amort