General Terms and Conditions

of SchlaHü Gastro GmbH
Planaistraße 54
Operating location: Planaistraße 35
8971 Schladming
Austria

Applicability

SchlaHü Gastro GmbH (hereinafter referred to as "Seller") provides its services within its online shop exclusively based on the general terms and conditions at hand (hereinafter referred to as "GTC"). All contracts and orders made by customers through the Seller's online shop are subject to the following GTC.

Deviating agreements are only binding if they have been expressly agreed upon in writing in individual cases. This also applies to any deviation from this written form requirement.

Offer / Conclusion of Contract

The information on goods and prices is non-binding and subject to change. All offers are non-binding and available only while stocks last. The Customer’s order is only accepted once the Seller has confirmed the order. The automatic receipt confirmation merely documents that the Customer’s order has been received by the Seller. The contract between the parties is only concluded upon the Seller's acceptance of the order or upon the dispatch of the goods to the Customer.

Only persons over the age of 18 are permitted to order vouchers.

Order Process / Contract Conclusion in the Online Shop

The presentation of products in the online shop does not constitute a legally binding offer by the Seller but rather an invitation for the Customer to submit an offer.

The Customer can select products from the Seller's product line in the online shop and place the desired products in a virtual shopping cart via the "Add to Cart" button. By clicking the "Shopping Cart" button, the Customer can see an overview of the selected products.

By clicking the "Proceed to Checkout" button, the Customer is taken to a form where they enter the personal data required for the order, such as name, billing and delivery address, contact, and payment method.

Before submitting the order, the Customer may change or view all data regarding the selected products at any time using the "Back to Cart" and "Continue Shopping" buttons.

By clicking the "Proceed to Review and Order" button, the Buyer can review their entries once again in the summary which is displayed.

Using the "Back to Enter Your Customer Data" button, the Customer can correct their personal data again.

By clicking the "Place Order with Obligation to Pay" button, the Customer submits a binding offer to purchase the goods in the shopping cart. The order can only be placed and transmitted if the Customer confirms by checking the provided checkbox that they have read and accepted the GTC. The Seller then sends the Customer an automatic confirmation of receipt via email, which includes the Customer’s order, the GTC, and the withdrawal policy.

Subject Matter of the Contract

The subject matter of the contract is the goods and vouchers specified by the Customer in the order and listed in the order confirmation at those final prices indicated in the online shop.

The essential characteristics of the goods are detailed in the product descriptions provided by the Seller.

The vouchers are vouchers for consumption, redeemable at the Schladminger Hütte, Planaistraße 35, 8971 Schladming.

Vouchers cannot be redeemed for cash. If the actual consumption at the Schladminger Hütte is less than the value of the voucher, the Customer will receive a credit for the remaining amount.

The validity period of the vouchers is determined by legal regulations. If the voucher is for a specific or specially booked event, it must be redeemed during the corresponding time period and will expire once the booked event has taken place.

Prices, Delivery and Shipping Costs

The prices valid at the time of the order apply. Prices are quoted in euros and include the statutory VAT.

An exception applies to vouchers: VAT is not included in the voucher. VAT will only be charged at the time of actual billing at the Schladminger Hütte. That said, the invoice with proof of VAT payment associated with vouchers can only be issued once the voucher is redeemed.

Goods and vouchers are delivered by post or email. The costs of delivery or shipping of the ordered goods by post are not included in the stated prices. The Customer must pay the shipping costs and fees communicated to them before placing the order, in addition to the purchase price for each purchased item.

Delivery periods commence from the date the contract is concluded, but not before the Customer has fulfilled all contractual obligations. Delivery is subject to the condition that the Seller is themself supplied correctly and on time. Delivery periods and dates are non-binding but will be adhered to by the Seller as far as possible. Unless otherwise agreed or stated, the Seller delivers within 3 – 10 working days after the contract is concluded. The Customer must accept minor time delays in delivery.

Delivery is made ex works and by a customary commercial shipping method at the Seller's discretion.

The risk transfers to the Customer as soon as the goods leave the Seller’s warehouse. From this point onward, the Customer bears the risk of loss during transport. If the Customer is a consumer, the risk does not transfer until the goods are handed over to the Customer or a third party designated by the Customer, unless the Customer has independently concluded the transport contract without utilizing the options suggested by the Seller.

The Seller is entitled to make partial deliveries, provided that this is reasonable for the Customer and no additional shipping costs are charged to the Customer for such deliveries. The Seller reserves the right to combine multiple ordered items in a single delivery.

Payment

Payment for the goods is made via PayPal, Prepayment or upon pickup in cash or by credit/debit card.

No additional payment fees are charged for these payment methods. All online payment options are secured by means of appropriate security measures (minimum 128-bit SSL encryption).

If the Customer is in default of payment of the total price or a part thereof, the Seller is entitled to charge default interest at the statutory rate. Furthermore, the Customer agrees to reimburse the Seller for all costs incurred in asserting their claim, including collection fees and legal fees. A reminder fee of EUR 40.00 is stipulated. In addition, the costs of collection agencies and attorneys are to be reimbursed.

Retention of Title

The delivered goods remain the sole and unrestricted property of the Seller until full payment has been received. Until then, the goods represent entrusted property that may not be sold, pledged, gifted, or loaned. The Customer is not entitled to dispose of the goods still owned by the Seller without prior written and express consent from the Seller, and bears full risk for the entrusted goods.

Vouchers are only valid once full payment has been received.

Warranty and Liability

Product images in the Seller’s online shop may differ from the actual appearance of the delivered products.

Any defects should be reported if possible upon delivery, without any negative legal consequences for consumers per KSchG in the event of failure to do so. If the Customer is a business, they must inspect the delivered goods or services immediately for completeness, accuracy, and freedom from defects upon receipt and report any defects immediately, but no later than five days after receipt of the goods, otherwise forfeiting any claims they may have.

If goods are delivered with obvious damage from shipping, the Customer must immediately report this to the carrier and contact the Seller as soon as possible.

Warranty and liability in this regard are governed by statutory provisions.

Right of Withdrawal

Complete information about withdrawal can be found here.

Place of Performance, Jurisdiction and Applicable Law

The place of performance for the Seller’s services and the Customer’s payment is the Seller’s business location in 8971 Schladming, Planaistraße 35.

The legal relationship between the Seller and the Customer is governed exclusively by Austrian substantive law, under exclusion of conflicting international laws and the UN Convention on Contracts for the International Sale of Goods.

The place of jurisdiction for all disputes directly arising between the Seller and the Customer is stipulated to be the competent court for 8971 Schladming.

Other Provisions

Any amendments or additions to these GTC must be in writing to be effective. All declarations concerning the contractual relationship must also be made in writing.

Severability Clause

If any provision of these GTC is or becomes invalid or incomplete, this shall not affect the validity of the remaining provisions. The invalid or incomplete provision shall be replaced by a valid provision that comes closest to the commercial purpose intended by the contracting parties.

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