Gerstner Catering Betriebs GmbH - General terms & conditions
These general terms of delivery and sales apply to all supplies of goods that are delivered ordered from Café Gerstner Gesellschaft m.b.H. (here as “Gerstner”) in form of distance selling. When the order of the goods is made, the client accepts the general terms of delivery and sales. The general terms of delivery and sales are have been valid from January 7, 2005 to the present.
Information, complaints, and data references can be obtained at konditorei(at)gerstner.at or gerstner(at)gerstner.at.
Member of the WKO Gastronomy Association
2. Formal Contract
a) Language of Contract, Order and Business is German
b) All offers by the seller are entirely subject of change. At orders of the customer, that are the offer in legal terms, the customer is two weeks ligated. The contract is in effect only by our confirmation of order or by supply or performance. A separate communication of the customer of the acceptance is not necessary.
c) Orders can also be accepted only partially on our side.
d) An order is only possible, if all obligated mandatory fields (that are marked with a star) are filled in. Before mailing the order, the customer receives a summary of contents of the order including prices, which he still can correct or confirm. The entrance of the order with us is confirmed by automatically respond-mail, however that doesn’t mean the acceptance of the order. Messages are received only during normal office hours (Monday until Friday from 9 AM to 4 PM with the exception of legal holidays in Austria). Out of office hours received messages apply only on the next working day as received and processed.
e) The customer is aware, that the Internet is not a completely safe communication medium and data, which are transferred over the Internet, on one hand could be opened by a third party and on the other hand the data could be changed by a third party. The customer carries the risk that data arrive at our server not at all or not in the form, that he has been sending it. We may trust, that the data, that we receive, are in the alignment that the customer has been sending it out.
a) All our goods are priced in Euros and include all the legal Austrian taxes, no delivery costs and no other diverse services are included, unless it has been quoted differently in other valid pricelists or delivery contracts. In case of deliveries and shipments outside of Austria, additional taxes of import and export apply.
b) All prices are current market prices and are valid upon cancellation.
c) For our supplies we charge additionally a packing and a dispatch lump sum (“delivery costs”), that concrete heights depends on the ordered product as well as the place of delivery. A list of the delivery costs can be obtained by clicking HERE.
d) Concerning possible custom costs please obtain information at your responsible customs office.
4. Delivery Time and Time of Performance
a) For the dispatch we use EMS (within Austria) and DHL (outside of Austria), at danger and expense (see point 3) by the customer, depending on the shipping address filled out at the order.
b) The delivery takes place under normal conditions within 5 working days, however at the latest 10 working days after the order. The indication of delivery dates takes place without obligation. The default of the delivery dates entitles the customer only to withdraw from the order only in case that Gerstner does not provide a written document within an at least two-week respite of the delivery.
a) Deficiencies are to announce possible at delivery or immediately upon appearance. If the customer is a company within the meaning of the Austrian Consumer Protection Act - hereafter referred to "Consumer Protection Act" - is, he has to check the delivered goods immediately upon receipt for completeness, accuracy and other faultlessness and possible lack, but no later than five working days after receipt of the goods, results in the loss of all he is entitled during a proper investigation of recognizable defects claims, be notified in writing. The customer can defectiveness of the product - as far as possible and not connected to us with a disproportionate effort - choose between improvement and replacement. Only if both is impossible or us with a disproportionate effort, the customer may - in accordance with statutory regulations - price reduction or, if it is not a minor defect, covet conversion. If we improve a deficiency, this is cost and expense by us, where we can demand that the customer of the product - as far as is practicable and permitted by law - sent at our risk and cost to us. If the customer is an entrepreneur within the meaning of the Consumer Protection Act, it is in any case obliged to give us, at our request, first the opportunity to improve.
6. Withdrawal or cancellation
If the customer is an entrepreneur, he is entitled to no right of withdrawal or cancellation by any statutory consumer protection provisions.
b) right of withdrawal according to the Consumer Protection Act § 5e for consumers habitually resident in Austria:
Notice of the right of withdrawal:
If the customer is a consumer under the Consumer Protection Act, he shall in accordance with § 5e Consumer Protection Act the right of a closed distance contract or a remotely submitted contractual declaration within 14 working days, with the Saturday is not a working day to withdraw. It is sufficient if the notice of cancellation is sent within the deadline. As a timely notice of withdrawal is also the timely return of the goods received.
The period begins for contracts for the supply of goods on the date of receipt of the goods by the consumer, but not before the receipt of a notice of the right of withdrawal and the fulfillment of our information obligations according to § 5d paragraph 1 and 2 of the Consumer Protection Act. The absence of such instruction and information is the withdrawal period for three months from the date of receipt of the goods by the consumer.
However, no right of withdrawal according to § 5e Consumer Protection Act is available to the consumer under § 5f Zif third Consumer Protection Act for contracts for the supply of goods that have been manufactured in accordance with specific customer specifications or are clearly tailored to the personal needs of the customer or by their nature are not eligible for Returns are suitable or can spoil quickly or whose expiration date has passed.
Should be noted that this short expiration date is in the most offered by us to quickly perishable foods, which are therefore generally excluded from the right of rescission.
The resignation shall be addressed to:
Gestner Catering Betriebs GmbH
Kärntner Straße 51, 1010 Wien
Tel.: +43 1 31665 2202
Fax: +43 1 31665 4202
This is also the address for service of our company, under which any time information of our customer service are available.
In the case of the exercise of the right of withdrawal by a consumer, this train-to-train are reimbursed against provision of the goods, the payment made by him and replace him on the goods of the most necessary and useful expenses made. The direct cost of returning the goods are to be borne by the consumer.
c) Right of cancellation for consumers habitually resident in Germany:
Notice of the revocation:
A consumer within the meaning of the German Civil Code (BGB) may revoke his contractual declaration in distance contracts within 14 days without giving reasons in writing (eg e-mail, fax, as well as letter.) Or - if left to him the goods before the deadline is - also by returning the goods. The time limit begins after receipt of this instruction in text form, however not before receipt of the goods (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in connection with § 1 Abs. 1 and 2 draft Law and our obligations under §312g para 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB. The revocation period is sufficient to send the revocation (postmark / transmission report) or the goods is sufficient (proof of posting in a dispatch service).
No right of revocation for contracts for the supply of goods made to the consumer's specifications or clearly tailored to personal needs or which are not suitable due to their condition for a return or spoil quickly or whose expiration date has passed.
The revocation must be sent to:
Gestner Catering Betriebs GmbH
Kärntner Straße 51, 1010 Wien
Tel.: +43 1 31665 2202
Fax: +43 1 31665 4202
Consequences of cancellation:
In case of an effective revocation the mutually received benefits are to be returned and any benefits (eg interest / use advantages). If the consumer wholly or in part, or give back to us the received power only in deteriorated condition or issue, so he must do to compensate us accordingly. For the deterioration of the goods, he must pay compensation only to the extent that deterioration to a deal with the goods is due, beyond testing the properties and functioning. By "testing the properties and functioning" refers to the test and try out the current item, as it is possible and customary in a retail store.
Transportable goods are to be returned at our risk. The consumer has to bear the cost of returning the goods if the delivered goods ordered corresponds and if the price of the goods to be returned does not exceed an amount of 40 euros or if the consumer is not at a higher price the thing at the time of the revocation yet the return has been rendered or a contractually agreed part payment. Otherwise the return consignment is free of charge to the consumer.
Non-transportable goods will be picked up by the consumer. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for the consumer with the dispatch of the revocation or the goods, for us with their reception.
d) withdrawal or cancellation for consumers habitually resident in other Member States of the European Union:
The contractual relationship with consumers within the meaning of Article 6 of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17.06.2008 virtue of Article 6 para. 2 1.S this Regulation Austrian law excluding the UN Sales Convention with the exception of consumer protection laws provisions which are more favorable under the law of the State in which the consumer has his habitual residence, for these and which can not be derogated from by agreement. Accordingly, also applies to such consumer's right of withdrawal according to the above letter b).
We assume no liability for damages arising from its legal basis, in particular for delay, impossibility of performance, positive breach of contract, negligence in contract, consequential damages, loss of profits, defects or tort, which have as a result of slight negligence by us or persons for whom we stand up be caused. Customers who are entrepreneurs within the meaning of the Consumer Protection Act have to prove our hand be held responsible for gross negligence or willful misconduct. In contracts with consumers within the meaning of the Consumer Protection Act damage to the person and to the handling of matters are excluded from this disclaimer.
8. Terms of payment
a) Our invoices are immediately before the start of the delivery period with a credit card accepted by us - AMEX, Diners, JCB, MasterCard, Visa - to settle. The credit card will be charged immediately after submitting the order. The credit card details are not stored in any form. Our payment partner is MPAY24. Information can be found on www.mpay24.at.
b) In case of delayed payment we will charge interest at the rate of 4% for non-merchants, and 8% for entrepreneurs over the base rate of the European Central Bank.
c) In case of default of the customer with payment or other performance we are - without prejudice to other rights - the right to withdraw our supplies to provide the agreed consideration while preserving the outstanding delivery or withdraw after a reasonable grace period from the contract and damages for failure to demand. In this case, the customer shall return the delivered goods immediately at his cost to us. The assertion of claims for damages for depreciation, wear and tear, compensation for their own transportation costs and other more left to us to where we are authorized by us in contract cancellation to demand 20% of the price as a minimum penalty or withhold.
d) The Customer undertakes in breach of its contractual obligations to replace all of us necessary to assure proper tracking of our claims costs. Pro warning are EUR 5, - and furthermore for keeping track of the obligation in reminders EUR 25, - to replace the customer.
9. Applicable Law, Place of Performance, Place of Jurisdiction
a) In our contractual relationship with the customer and all questions related is exclusively Austrian law excluding the UN sales law and the private law conflict rules apply. This, subject to the consumer ordinarily resident within the European Union national mandatory consumer protection laws provisions. b) Payment and performance for all and in connection with the contractual obligations is our company headquarters in Vienna, Austria. c) The place of jurisdiction for all disputes directly or indirectly arising from or in connection with the contract disputes arising is for the I. district of Vienna competent court in. If the customer is a consumer under the Consumer Protection Act, this jurisdiction shall be considered as approved if the customer is in this court district domicile, habitual residence or place of employment or if he has his habitual residence outside of Austria. Notwithstanding the foregoing, we shall be entitled to sue the customer at his general place of jurisdiction. d) We recognize the Internet Ombudsman as extrajudicial dispute resolution in Internet Ombudsman Margaretenstr. 70/2/10 1050 Vienna www.ombudsmann.at
Customer agrees that its known to us as part of the pre-contractual and contractual relationship given data may be used by us for accounting and market research, advertising and marketing purposes. This consent may be revoked at any time by the customer. Moreover, the data we are used to satisfy legal requirements, and the settlement of payment transactions. Customer data will not be disclosed to third parties, except as necessary to fulfill the contract, which for our partner companies are also subject to data protection legislation.
To use our shopping cart, cookies must be enabled. If you want to accept cookies, you can order by phone or fax.
Each time a file in the Store Access files. The data stored about you is used solely for statistical purposes. Disclosure to third parties, even in part, by us is excluded.
The customer is obliged to the relevant requested in our forms data must be complete and correct in the contract. Incorrect, incomplete and uncertain information by the customers of these costs, damages and disadvantages to all of us arising therefrom shall be liable. The customer is in other claims for damages obliged to notify us of changes of name or address in writing without delay. Failing this, any written notice given to the last known address of the customer, the customer delivered as effectively applies.
12. Secured by SSL
Our secure-server software encrypts all of the customer's personal data such as credit card number, bank code, bank account number, name and address. These data can not be read by unauthorized persons during transmission on the Internet. When encrypting the data entered by the customer is converted into a code that is secured broadcast on the Internet, so that the data are protected against unauthorized access.
All rights reserved. © Gerstner Catering Betriebs GmbH | August 2016