GTC

1. scope of application of the GTC

1.1. Pinzgausweets by Tiefenbacher Ulrike e.U. (im Folgenden “Pinzgausweets” genannt) , Salzburger Platz 9b, 5710 Kaprun, FN 578194k, betreibt unter der Domain https://pinzgausweets.at einen Webshop zum Verkauf verschiedener Produkte des Unternehmens, für den diese “Allgemeinen Geschäftsbedingungen” (AGB) gelten.

1.2. These General Terms and Conditions of Business shall apply exclusively to the placing of orders (for more details, see point 3) and to all legal transactions concluded in connection with the webshop. By sending the order in the web shop, the customer expressly declares that these GTC become part of the contract for the respective legal transaction.

1.3. Even repeated orders do not make these GTC a permanent part of the contract between the Customer and Pinzgausweets, in particular Pinzgausweets may change or modify the GTC at any time.

1.4. Pinzgausweets hereby expressly objects to any terms and conditions of the Customers to the contrary. Deviating terms and conditions of the customers shall only apply if Pinzgausweets by Tiefenbacher Ulrike e.U. agrees to their validity (AMENDMENT) in writing.

1.5. The contents of this website are created with the greatest possible care. However, the provider does not assume any liability for the correctness, completeness and up-to-dateness of the website. No contractual relationship of any kind is established between the user and the provider.

1.6. You can reach our customer service for questions, complaints and claims during opening hours or by e-mail: info@pinzgausweets.at

2. requirements for the customer

2.1. Orders are only possible after prior registration (i.e. disclosure of the required data) and are exclusively reserved for persons who have already reached the age of 18.

2.2. Pinzgausweets does provide technical precautions – especially for alcoholic beverages – that exclude orders from younger persons. For technical reasons, however, Pinzgausweets cannot completely rule out the possibility that younger persons may also register or place an order. By registering or placing an order, the customer confirms that he/she has reached the required minimum age and that the registration or order data is correct and complete.

3. conclusion of contract

3.1. Pinzgausweets 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. The presentation of products in the web shop is not a binding offer. Rather, they represent a non-binding product assortment (i.e. those goods that are basically distributed by Pinzgausweets). In particular, due to the limitation of the products offered resulting from the nature of the webshop, these are usually limited to a certain number. However, Pinzgausweets expressly reserves the right to make corrections to the stock levels indicated in the webshop and cannot exclude the possibility that, in particular for technical reasons, the indicated availabilities are not correctly displayed.

3.2 No orders will be processed or deliveries made on Sundays and public holidays.

3.3. By placing an order with Pinzgausweets (i.e. confirmation by clicking on the order button with the inscription “ORDER FOR PAYMENT”), the Customer places a binding order (a binding offer) with Pinzgausweets for the products selected by the Customer and subsequently visible in the order form.

3.4. Pinzgausweets confirms the receipt of the order to the customer by sending an automated confirmation e-mail. This confirmation e-mail is not a declaration of acceptance.

3.5. Pinzgausweets is not obliged to accept the Customer’s offer. If Pinzgausweets rejects the Customer’s offer, Pinzgausweets will inform the Customer without undue delay.

3.6. Pinzgausweets may accept the offer either by a separate declaration of acceptance (e.g. by e-mail) or by actual delivery of the ordered products. In the latter case, Pinzgausweets will send the Customer information (e.g. by e-mail) about the successful order process.

4. prices

4.1. If you collect the goods yourself from my bakery, there are no delivery charges until further notice. Only the prices shown in the webshop at the time of the order shall apply to the order.

4.2. The prices are gross prices (i.e. including VAT and all other taxes and surcharges according to my website). Any delivery costs are not included in the prices shown (see point 6) and will be charged separately.

4.3. Despite all care taken by Pinzgausweets, it cannot be completely ruled out that incorrect prices (e.g. due to input errors) are displayed for individual products in the webshop. If the Customer has already placed an order, Pinzgausweets will inform the Customer of the actual price and the Customer can then confirm or cancel their offer at the actual price. declare that he is no longer interested in the order.

5. payment

5.1. The total price (i.e. purchase price in the online shop) is due upon conclusion of the contract (for more details, see point 3) and can be paid by the customer by credit card or instant bank transfer.

5.2. For motif cakes, wedding cakes, christening cakes (which are not in the online shop) please order directly. 50% deposit is required two weeks before the date. The

balance must be paid in cash at the latest upon collection or delivery of the cake. Of course, it is possible to transfer the total price to my account in advance. Orders can be cancelled free of charge up to two weeks before collection or delivery at the latest.
At the end of the two weeks, a payment in the amount of 40% of the total price is due. If the order is cancelled one week before delivery or collection, 100 % of the total price must be paid. In the event of a rescheduled appointment, the amount will be credited if the appointment is possible on my part.

Further information on the respective payment conditions and any costs incurred by the payment service providers will also be presented to the customer in detail before the order is placed. In the event of a delay in payment by the customer, the customer shall be obliged to pay interest on arrears in the amount of 6% p.a..

5.3. Payments are first applied to any costs incurred, then interest and finally to the capital.

5.4. Until full payment of the purchase price including all ancillary charges, the delivered goods remain the sole and unrestricted property of Pinzgausweets. (reservation of title).

5.5. By placing an order, the Customer agrees that Pinzgausweets may issue invoices in an electronic format and send them to the Customer (so-called “electronic invoice” as defined by § 11 para. 2 UStG). The customer waives the postal delivery of the invoice (i.e. a paper invoice) and agrees to the delivery of the electronic invoice by e-mail.

6. delivery

6.1. Pinzgausweets shall endeavour to deliver the Products without undue delay after the conclusion of the Agreement (for more details see clause 3). Unless otherwise agreed with the Customer or Pinzgausweets announces a different delivery period before the conclusion of the contract, Pinzgausweets will deliver the ordered product to the Customer (only applies to wedding cakes). If nothing else has been agreed, the customers pick up the ordered goods directly.

6.2. Delivery will be made to the delivery address specified by the customer in the order. The customer is obliged to notify any change in his contact details (in particular address and e-mail address) without delay as long as a legal transaction that is the subject matter of the contract has not been mutually fulfilled. Until this point in time, Pinzgausweets may address legally relevant declarations with legal effect to the contact data originally provided by the Customer.

6.3. Pinzgausweets is entitled to make partial collection/partial delivery even when ordering several products or a product consisting of several parts.

6.4. If delivery to the Customer is not possible because the Customer cannot be found at the stated delivery address or because the delivery address has not been stated correctly, the Customer shall bear the costs for the unsuccessful attempt at delivery and Pinzgausweet’s costs for a return delivery incurred for this.

6.6. Pinzgausweets retains ownership of the Products even after delivery to the Customer until full payment of the Products delivered.

7. withdrawal from the contract (This right of withdrawal only applies to consumers!)

7.1. If the customer is a consumer (as defined in the Consumer Protection Act), he/she shall have the right, in the case of orders that fall within the scope of application of the FAGG and only if the order is not a custom-made product created according to the individual wishes of the customer or perishable goods, to withdraw within fourteen days without giving reasons from the contract concluded with Pinzgausweets by Tiefenbacher Ulrike e.U. via the webshop. resign.

7.2. The withdrawal period is fourteen days and begins:

– in the case of a purchase contract, on the day on which the customer or a third party designated by the customer (this does not include the carrier) takes possession of the ordered product;

– if the customer has ordered several products as part of a single order which are delivered separately, on the day on which the customer or a third party designated by the customer (this does not include the carrier) takes possession of the last product;

– in the case of delivery of goods in several partial consignments, on the day on which the customer or a third party designated by the customer (this does not include the carrier) takes possession of the last partial consignment or the last piece;

7.3. The Customer may exercise its right of withdrawal by means of a clear declaration, at Pinzgausweets is informed of the decision to withdraw from the contract.

This can be done:

*by e-mail: info@pinzgausweets.at

*by mail: Pinzgausweets by Tiefenbacher Ulrike e.U. – Salzburger Platz 9b, 5710 Kaprun

7.4. To comply with the withdrawal period, it is sufficient for the customer to send the declaration of exercise of the right of withdrawal before the expiry of the period (see point 7.2).

7.5. If the Customer withdraws from the contract, Pinzgausweets will reimburse the Customer for any payments already made without undue delay, but no later than 14 days after receipt of the notice of withdrawal.

This refund includes the gross price paid by the customer for the product.

7.6. After the pick-up date or delivery of the product, the customer can no longer withdraw from the product.

8. exceptions to the right of withdrawal

8.1. The right of withdrawal described in point 7 also exists, among others, for customers who are consumers, not for:

· Goods that are manufactured according to customer specifications or are clearly tailored to personal needs,

· Goods that can spoil quickly or whose expiry date would be quickly exceeded,

9. warranty

9.1. The images of the products offered via the webshop are purely symbolic and colour deviations in particular cannot be ruled out due to different browser displays.

9.2. Pinzgausweets accepts no liability with regard to the accuracy of the measurements provided by the Customer.

9.3. Pinzgausweets warrants in accordance with the statutory requirements that the products in the No defects at the time of handover i.e. Pinzgausweets is liable for the fact that the products have the properties stipulated or usually assumed, correspond to the description and can be used in accordance with the nature of the transaction or the agreement made.

9.4. Warranty claims for products that can be purchased via the webshop expire when the product is collected by the customer.

10. liability for damages

1.1. Pinzgausweets shall only be liable for damages in connection with the performance of the contract if persons attributable to Pinzgausweets (i.e. assistants) act wilfully or with gross negligence in doing so.

1.2. Insofar as the liability of the seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and assistants.

11. declaration on the obligation to inform about the use of data – data protection declaration

11.1. Pinzgausweets requires some personal data for correspondence with the customer or for the smooth fulfilment and execution of the contract (i.e. for registration, processing of orders, delivery of products, and processing of payments, verification of claims made against Pinzgausweets after fulfilment of the contract, etc.). The protection of this data and the personal rights of the customers are very important to Pinzgausweets. Therefore, Pinzgausweets adheres to state-of-the-art security standards to ensure the protection of the data and only uses (i.e. processes or transmits) the data within the framework of the legal provisions. The data used will be treated in strict confidence. By placing an order, the Customer acknowledges and agrees to the Pinzgausweets Privacy Policy.

11.2. During the registration required for the order (see point 2.), the title, salutation (i.e. gender), name, address (i.e. delivery or billing address), date of birth, telephone number and e-mail address are requested and stored by Pinzgausweets.

In the course of the order, information about the ordered products and payment information (i.e. credit card information, account data or other payment data) is also stored.

11.3. Pinzgausweets uses this personal data for the following purposes:

· Checking the prerequisite for registration or ordering in the webshop (in particular meeting the age requirement);

· Correspondence with the customer in connection with the order and processing of the contract. For this purpose, the customer’s address data is also passed on to selected logistics partners.

12. contractual language, applicable law, place of jurisdiction

12.1. The contractual, ordering and business language is exclusively German. Should Pinzgausweets communicate with the Customer in another language, this shall be done exclusively accommodatingly and for reasons of information; however, only the German text shall be legally binding, this shall also apply in particular if other possible interpretations result from the text translated into another language.

12.2. The legal transaction concluded between Pinzgausweets and the Customer via the webshop shall be governed exclusively by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules.

12.3. If the Customer is an entrepreneur within the meaning of the Austrian Commercial Code (UGB), the competent regional court of Salzburg shall have exclusive jurisdiction for actions against Pinzgausweets. However, Pinzgausweets shall still be entitled to sue the Customer (i.e. entrepreneur within the meaning of the Austrian Commercial Code) at the Customer’s general place of jurisdiction or any other place of choice.

13. external links

This website contains links to third-party websites (“external links”). These websites are subject to the liability of the respective operators. When the external links were first created, the provider checked the external content for any legal violations. No legal violations were apparent at the time. The provider has no influence on the current and future design and content of the linked pages. The inclusion of external links does not imply that the provider adopts the content behind the reference or link as its own. It is not reasonable for the provider to constantly monitor the external links without concrete indications of legal violations. However, such external links will be deleted immediately if legal violations become known.

14. storage of the contract text

14.1. The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.


14.2. The seller will also send the customer an order confirmation with all order data to the e-mail address provided by the customer. Together with the order confirmation, the customer will also receive a copy of the General Terms and Conditions together with the cancellation policy and the information on shipping costs as well as delivery and payment terms. If you have registered in our shop, you can view your orders in your profile area. In addition, we store the text of the contract but do not make it accessible on the internet.