General terms and conditions (AGB) for the online shop at shop.feines-haus.at
1. scope of application
1.1 These General Terms and Conditions of the Frierss Feines Haus Shop of Rudolf Frierss & Söhne Fleisch- und Wurstspezialitäten GmbH, Gewerbezeile 4, 9500 Villach (hereinafter referred to as "Seller") shall apply to all contracts which the Customer concludes with the Seller via distance selling with regard to the products displayed in the Seller's online shop. The inclusion of conflicting or supplementary terms and conditions of the customer is objected to. These are only valid without exception if they have been expressly acknowledged in writing by the seller in the individual case. The Seller's performance of the contract shall not be deemed consent to contractual conditions deviating from these General Terms and Conditions.
1.2 Agreements deviating from these General Terms and Conditions prior to the conclusion of the contract and amendments or supplements to individual provisions as well as collateral agreements or special agreements after the conclusion of the contract shall without exception require the written form in order to be valid and shall only apply to the individual business transaction.
1.3 Customers within the meaning of Item 1.1. are consumers in accordance with the Consumer Protection Act. A consumer is therefore any natural person who concludes a legal transaction for a purpose which cannot be attributed to either his commercial or his self-employed professional activity or which serves to create the prerequisites for this before commencing business operations (formation transactions). Legal persons of the private right, which do not exercise independent economic activity, are likewise subject to the consumer term.
2. contractual partner
The purchase contract is concluded with Rudolf Frierss & Söhne Fleisch- und Wurstspezialitäten GmbH, Gewerbezeile 4, 9500 Villach, Austria.
3. offer and conclusion of contract
3.1 The Seller points out that the product images shown may differ slightly from the actual presentation of the products (symbol images). Minor optical deviations shall not constitute a defect.
3.2 Conclusion of contract
The product presentations contained in the online shop of the seller do not represent a legally binding contractual offer on the part of the seller, but are only a non-binding invitation to the customer to submit a legally binding purchase offer. The Seller shall confirm receipt of the Customer's order immediately by electronic means. This does not constitute an acceptance of the customer's purchase offer. The Seller is entitled to refuse to accept the order - also with regard to individual products that do not belong together.
If the Seller is unable to execute the order because the ordered goods are not available, or if the Seller does not accept the Customer's offer, the Seller shall notify the Customer immediately by e-mail, at the latest within 3 working days of receipt of the order.
3.3 Ordering process
3.3.1 The customer may submit the offer in writing via the online order form integrated in the seller's online shop. Prior to this, the customer may register by entering his personal data (name, address, date of birth, e-mail address, telephone number) or place a guest order.
3.3.2 The Customer has the option of ordering goods online via the website www.feines-haus.at/shop, by telephone at +43 4242 3040-0 or by email at onlineshop@frierss.at The Customer may also place an order via the Internet at any time.
By clicking on the desired product, the customer is taken to a detailed product description and to the order page. Here, the selected product can be added to the shopping basket by clicking the "Add to shopping basket" button. By clicking the button "Checkout" or the shopping cart symbol, the ordering process is continued. The customer receives an overview of his product selection and can delete all or individual of the selected products or change their number. The customer can change the product selection at any time until the order is sent by changing the number of products in the shopping cart or deleting individual products, or canceling the order process at all.
After registration as well as express declaration of the customer that he accepts the present general terms and conditions, the customer arrives at an overview of the selected products. The customer can change here again his product selection as well as the invoice and/or shipping address, before he submits a legally binding contract offer in relation to the goods contained in the shopping basket by clicking the button "order at cost" in the final step of the ordering process. As soon as the ordering process has been completed, the customer will be notified of this in an information window. This does not constitute an acceptance of the customer's offer by the seller.
3.3.2 The customer has the option of ordering goods online via the website www.feines-haus.at/shop, by telephone at +43 4242 3040-0 or by email at onlineshop@frierss.at The customer may also order goods online via the website www.feines-haus.at/shop or by telephone at +43 4242 3040-0.By clicking on the desired product, the customer is taken to a detailed product description and to the order page. Here, the selected product can be added to the shopping basket by clicking the "Add to shopping basket" button. By clicking the button "Checkout" or the shopping cart symbol, the ordering process is continued. The customer receives an overview of his product selection and can delete all or individual of the selected products or change their number. The customer can change the product selection at any time until the order is sent by changing the number of products in the shopping cart or deleting individual products, or canceling the order process at all.After registration as well as express declaration of the customer that he accepts the present general terms and conditions, the customer arrives at an overview of the selected products. The customer can change here again his product selection as well as the invoice and/or shipping address, before he submits a legally binding contract offer in relation to the goods contained in the shopping basket by clicking the button "order at cost" in the final step of the ordering process. As soon as the ordering process has been completed, the customer will be notified of this in an information window. This does not constitute an acceptance of the customer's offer by the seller.For online orders, the following steps lead to the customer's contractual declaration:Selection of the desired goodsConfirm by clicking the button "Add to shopping cart".Check of the data in the shopping cart after clicking the button "Shopping cart".Input of the customer's dataAcceptance of the general terms and conditions by activating the box next to it.-check of the order and the indicated data once againBinding confirmation of the chargeable order/registration.Before sending the binding order/registration, the customer has the option of returning to the individual order steps by pressing the "Back" key contained in the Internet browser used by him in order to correct any input errors or to cancel the order process by closing the Internet browser.After receipt of the order, the customer receives an electronic confirmation of the receipt of his order. This order confirmation does not constitute an acceptance of the order. The contract is not concluded until the order confirmation has been sent to the e-mail address provided by the customer. 3.4.3.4 The contract text is stored by the seller and can be retrieved by the customer for a limited time (at least 2 years) via the password-protected customer account.3.5 The order processing and establishment of contact take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that the e-mails sent by the seller can be delivered.3.6 Conclusion of contract for deliveries of goods by distance selling without participation of the online shop3.6.1 The customer may also submit a legally binding offer in writing by e-mail, fax or letter or by telephone.3.6.2 If the Seller is unable to execute the order because the ordered goods are not available, or if the Seller does not accept the Customer's offer, the Seller shall notify the Customer immediately, at the latest within 3 working days of receipt of the order. The Seller shall be entitled to reject the order even with regard to individual products that do not belong together. After expiry of this period or sending of the ordered goods within this period, the customer's contractual offer shall be deemed to have been accepted and the purchase contract shall be deemed to have been concluded as binding. A separate order confirmation before delivery of the goods is not intended.3.6.3 The customer must ensure that any e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that the e-mails sent by the seller can be delivered.
4. right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you have taken possession of the goods.
In order to exercise your right of withdrawal, you must inform you by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Rudolf Frierss & Söhne Fleisch- und Wurstspezialitäten GmbH,
Gewerbezeile 4,
A-9500 Villach
Tel. +43 (0) 4242 3040-0
Email: onlineshop@frierss.at
Consequences of revocation
If you revoke this Agreement, we will refund to you all payments we have received from you, including delivery charges, immediately and no later than fourteen days from the date we received notice of your revocation of this Agreement. We will use the same means of payment for such refund as you used for the original transaction unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have proved that you have returned the Goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. Should the goods be returned carriage forward, we shall be entitled to retain or invoice a corresponding amount.
You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
Exclusion of the right of withdrawal/right of revocation
You have no right of rescission/cancellation for contracts concerning
- Goods which are delivered sealed and are not suitable for return for health or hygiene reasons, provided that their seal has been removed after delivery;
- Goods which are liable to deteriorate rapidly or whose expiry date would be exceeded rapidly;
- services provided in connection with leisure activities, provided that a specific time or period is stipulated in the contract for the performance of the contract by the contractor.
General information
Please note that the following information is not a prerequisite for the effective exercise of the right of withdrawal:
Please avoid damage and contamination of the goods. Please send the goods back to us in their original packaging with all accessories and packaging components. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against damage in transit.
5. prices and terms of payment
5.1 The sales prices quoted in the online shop include all price components, including the statutory Austrian value added tax, but do not include a flat-rate shipping and packaging charge listed in the menu item "Delivery and shipping costs". The prices valid at the time of the order shall be decisive for invoicing.
5.2 The seller accepts the following payment options: Paypal, advance payment, Sofortüberweisung.
5.3 Unless otherwise agreed in writing, payment shall be due immediately upon conclusion of the contract and shall be credited to the Seller's account. The goods shall not be dispatched until payment has been received or a confirmation of payment has been received.
5.4 In the event of default in payment, interest on arrears of 4 % p.a. will be charged, irrespective of the default in payment. In addition, in the event of default in payment, the customer shall be obliged to compensate the seller for any further actual damage in excess of this, in particular the damage caused by the fact that as a result of non-payment correspondingly higher interest is incurred on any credit accounts of the seller, as well as to refund all costs incurred by the seller for the appropriate collection of the claim, such as lawyer's fees and costs of collection agencies.
5.5 All prices on this website are final prices and are quoted in Euro including the applicable statutory value-added tax and any applicable levies.
Invoices shall be sent by Frierss to the invoice address specified by the Customer at the time of dispatch of the goods. In addition to the net price for the goods, the invoice shall also state the costs for dispatch and packaging of the goods as well as the applicable value-added tax amount and rate.
If the delivery address does not correspond to the invoice address, this must be stated separately in the order process. The invoice will be sent to the confirmed billing address.
Regarding the payment methods prepayment, Paypal and Sofortüberweisung, the total price is due at the time of completion of the order. The commodity is dispatched after effected receipt of payment to the delivery address indicated by the customer.
6. terms of delivery and dispatch, default of acceptance, transfer of risk
6.1 Unless otherwise agreed in writing, goods shall be delivered by Austrian Post only within Austria to the delivery address specified by the customer, unless otherwise agreed in writing. For the processing of online orders, the delivery address provided by the customer in the order processing is decisive.
6.2 The delivery time is 2 - 4 working days from receipt of payment. If an item is not immediately available and the delivery time is extended accordingly (to about 5-6 working days), the customer will be notified in writing.
6.3 If a delivery to the customer is not possible, the commissioned transport company shall return the goods to the seller, whereby the customer shall bear the costs for the unsuccessful delivery and delivery as well as a reasonable storage fee. This does not apply if the customer was not responsible for the unsuccessful delivery attempt.
6.4 If the customer is in default of acceptance, the seller shall be entitled, after setting a reasonable grace period, to withdraw from the contract and to otherwise dispose of the goods or to insist on performance of the contract. If the customer is to blame for the delay in acceptance, the customer must also compensate the seller for the damage caused by the delay. Any purchase price already transferred shall be refunded less transport costs and any compensation to which the Seller is entitled.
6.5 The goods shall be sent at the risk of the Seller, i.e. the risk of loss or damage to the goods shall in this case pass to the Customer only as soon as the goods have been delivered to the Customer or to a third party designated by the Customer and different from the carrier.
6.6 The Customer may also collect the ordered goods himself at the registered office of the Seller in 9500 Villach, Gewerbezeile 2b. If the goods are not ready for immediate collection, the seller will inform the customer when he can collect the goods. If the ordered goods are not picked up within 10 working days of notification of availability, the consequences of default will occur and the seller can either withdraw from the contract or insist on fulfilment of the contract after setting a reasonable period of grace. This right of choice does not affect any claims for damages on the part of the seller in the event of default in acceptance for which the seller is to blame. No shipping costs will be charged in the event of collection by the customer.
7. retention of title
7.1 The delivered goods remain the property of the seller until full payment has been made. The customer shall bear the entire risk for the reserved goods, in particular the risk of loss, destruction or deterioration.
7.2 It is agreed that the assertion of the retention of title shall not constitute a withdrawal from the contract unless the Seller expressly declares its withdrawal from the contract.
7.3 If the Seller makes use of its retention of title and takes back the goods, the credit for the goods taken back on the basis of the retention of title shall be made taking into account a price reduction appropriate to the storage period and wear and tear. The return transport of the goods to the seller shall be at the expense and risk of the customer.
8. liability for defects
8.1 If there is a defect in the purchased item at the time of delivery, the statutory provisions shall apply. The limitation period for warranty claims is two years from delivery of the goods to the customer. If the seller is to blame for the defect, the customer may claim damages in accordance with § 933a ABGB (Austrian Civil Code) within three years of becoming aware of the damage and the party causing the damage instead of asserting warranty claims.
8.2 The warranty is excluded for defects caused by the customer. This is in particular the case with improper storage.
8.3 The customer is requested to immediately complain to the deliverer about delivered goods with obvious transport damage and to inform the seller thereof or, in the case of non-obvious transport damage, to inform the seller immediately after discovery of the defect so that the seller can assert the damage against the insurance company. If the customer fails to comply with this obligation, this shall have no effect whatsoever on his claims based on the defective performance.
8.4 If the subsequent performance has taken place by way of a replacement delivery, the customer shall be obliged to return the goods delivered first to the seller within 14 days at the seller's expense. The defective goods shall be returned in accordance with the statutory regulations.
8.5 Complaints based on warranty claims can be made at the following address:
Rudolf Frierss & Söhne Fleisch- und Wurstspezialitäten GmbH,
Gewerbezeile 4,
A-9500 Villach
Tel. +43 (0) 4242 3040-0
Email: onlineshop@frierss.at
9. liability for damages
The Seller shall be liable without limitation on any legal grounds whatsoever for injury to life, limb or health, for intent or gross negligence, for fraudulent intent and promises of guarantee and if liability is based on mandatory statutory provisions, such as the Product Liability Act.
10. data protection
We are pleased about your interest in our website and thank you for your confidence. It is important to us to protect your privacy and personal sphere, which is why we strictly observe the statutory provisions when collecting, processing and using your personal data.
Anonymous data collection
You can visit our website without telling us who you are. In this case, we only store access data without personal reference, such as the name of your Internet service provider, the website from which you are visiting us and the name of the requested file. This information is evaluated only for statistical purposes and serves to improve our offers. As an individual user, you remain anonymous.
Collection, processing and use of personal data
Personal data is information about your identity, such as name, address, e-mail address, telephone number, IP data. Personal data is only collected if you provide it to us voluntarily to answer an enquiry, to execute a contract or to open a customer account. We use the personal data provided by you exclusively for the purpose of processing the contract.
When you register for the newsletter, your registration data will be stored for advertising purposes. You can unsubscribe from the newsletter at any time via the link provided in the newsletter or by sending us a corresponding message. After you have unsubscribed, your e-mail address will be deleted from the mailing list immediately.
Disclosure of personal data
We do not pass on your data including your address and e-mail address to third parties. Excluded from this are our service partners, such as transport companies, which require certain data (name, address, possibly telephone number) for the delivery of your order.
The forwarded data may only be used by our service providers to fulfil their tasks. In particular, the passing on of data to third parties for address trading purposes is prohibited.
SSL encryption
We use the so-called SSL security system (Secure Socket Layer) for payment processing. This technology offers the highest level of security.
Cookies
Our online shop uses so-called "cookies", which serve to make our Internet presence more user-friendly, more effective and safer - for example when it comes to accelerating navigation on our platform. In addition, cookies enable us to measure any frequency of page views and general navigation. By using our website, you agree that we may use cookies.
Use of external links
As far as we refer or link from our Internet offer to the web pages of third parties, we cannot assume any guarantee and liability for the correctness or completeness of the contents and the data security of these web pages. Since we have no influence on the current and future design and content of the linked pages and the observance of data protection regulations by third parties, we are not responsible for the content of the linked pages and do not adopt their content as our own. You should therefore check the data protection declarations offered separately. Our data protection declaration does not apply there.
11. applicable law, place of jurisdiction, contractual language
11.1 For all disputes between the seller and the customer arising from the contractual relationship, including disputes about the conclusion and/or validity of the contract, Austrian law shall be deemed agreed, excluding the UN Convention on Contracts for the International Sale of Goods and the reference standards of international private law. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
11.2 For legal disputes the court is responsible, in whose district the residence, the usual stay or the place of employment of the customer lies.
11.3 The contract language is exclusively German.
12 Alternative dispute resolution
The European Commission provides a platform for out-of-court online settlement of disputes (the so-called OS platform) under ec.europa.eu/consumers/odr/
Arbitration for consumer transactions in Austria www.verbraucherschlichtung.or.at
Contact for consumer complaints: onlineshop@frierss.at
13. otherShould individual provisions of these General Terms and Conditions be or become legally ineffective, invalid and/or void in the course of their duration, this shall not affect the legal effectiveness and validity of the remaining provisions. This does not apply if the ineffective provision regulates one of the main performance obligations. The ineffective or missing provisions shall be replaced by the respective statutory provisions. A waiver of these rights cannot be derived from the fact that the seller does not exercise individual or all of the rights to which he is entitled.