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GENERAL TERMS AND CONDITIONS OF BUSINESS
1. SCOPE OF APPLICATION
2. CUSTOMER REQUIREMENTS
3. CONCLUSION OF THE CONTRACT
6. DELIVERY AND SHIPPING COSTS
7. WITHDRAWAL FROM THE CONTRACT
8. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
10. LIABILITY FOR DAMAGES
11. DECLARATION REGARDING DATA PROTECTION POLICY
12. CONTRACT LANGUAGE, APPLICABLE LAW, JURISDICTION
- SCOPE OF APPLICATION
- Sacher Hotels Betriebsgesellschaft m. b. H., Philharmonikerstrasse 4 1010 Vienna, operates an online shop under the domain https://voucher.sacher.com (abbreviated as “Gutscheinwelt” [“voucher world”]), to which these General Terms and Conditions (GTC) apply. In the following, the term “webshop” in these General Terms and Conditions refers to the webshop (Voucher.sacher.com).
- These General Terms and Conditions (abbreviated “GTC”) apply exclusively to the placing of orders (for more details, see Item 3) and to all legal transactions concluded in connection with the webshop. By submitting the order in the webshop, the customer expressly declares that these GTCs become the contractual content of the respective legal transaction.
- Even through repeated orders, these GTCs do not become the permanent content of the contract between the customer and Hotel Sacher; in particular, Hotel Sacher can change or modify the GTCs at any time.
- Hotel Sacher hereby expressly objects to any different customer conditions. Differing customer conditions only apply if Hotel Sacher agrees to their validity in writing.
- CUSTOMER REQUIREMENTS
- Orders are only possible after prior registration (i.e., providing the required data) and are reserved exclusively for people who have already reached the age of 18.
- Hotel Sacher takes technical precautions - especially when it comes to alcoholic drinks - that exclude orders from younger people. However, for technical reasons, Hotel Sacher cannot completely rule out the possibility that younger persons could also register or place an order. By registering or placing an order, the customer confirms that they have reached the required minimum age and that the registration or order data is correct and complete.
- CONCLUSION OF THE CONTRACT
- The presentation of products in the webshop is not a binding offer from Hotel Sacher. Instead, they represent a non-binding product range (i.e., goods that are generally sold by Hotel Sacher). In particular, due to the limitation of the products offered resulting from the type of webshop, these are usually limited to a certain number. However, Hotel Sacher expressly reserves the right to make corrections to the inventory specified in the webshop and cannot rule out the possibility that the availabilities stated are not displayed correctly, particularly for technical reasons.
- By placing an order (i.e., confirmation by clicking on the order button marked “Order subject to payment”), the customer submits a binding offer to Hotel Sacher for the products selected by him and subsequently shown in the order form.
- Hotel Sacher is legally obliged to immediately electronically confirm receipt of this contractual declaration (i.e., the order) to the customer. This is done by means of an automated confirmation email that the order has been received. This confirmation email is not a declaration of acceptance.
- Hotel Sacher is not obligated to accept the customer’s offer. If Hotel Sacher rejects the customer’s offer, Hotel Sacher will inform the customer of this without unnecessary delay.
- Hotel Sacher can accept the offer either by means of a separate declaration of acceptance (e.g., by email) or by actual delivery of the ordered products. In the latter case, Hotel Sacher will provide the customer with information (e.g., by email) about the shipment.
- Only the prices stated at the time of the order in the webshop apply to the order.
- The prices are gross prices (i.e., including VAT as well as all other taxes and surcharges). Any delivery costs are not included in the prices shown (see Item 6).
- Despite all the care taken by Hotel Sacher, it cannot be completely ruled out that incorrect prices (e.g., due to input errors) are displayed for individual products in the online shop. Hotel Sacher provides no guarantee for the accuracy of the prices shown. If the customer has already placed an order, Hotel Sacher will inform him of the actual price, and the customer can then confirm his offer at the actual price or declare that he is no longer interested in the order, which means that he is no longer bound to his offer to conclude a purchase.
- The total price (i.e., purchase price plus any delivery costs) is due upon conclusion of the contract (for more details, see Item 3) and can be paid by the customer by credit card, immediate transfer, Amazon Pay, PayPal and PayPal Express.
Further information on the respective payment terms and any costs incurred by the payment service providers can be found at https://shop.sacher.com/zahlungsarten-2 and https://voucher.sacher.com/zahlungsarten and will also be explained to the customer in detail before the order.
- In the event of late payment by the customer, the customer is obligated to pay default interest in the amount of 6% p.a.
- Payments are first credited against any costs incurred, then against the interest and, finally, against the principal.
- Until full payment has been made, the delivered goods remain the property of Hotel Sacher (property reservation).
- With the order, the customer agrees that Hotel Sacher will issue invoices in an electronic format and send them to the customer (so-called “electronic invoice” within the meaning of § 11 para. 2 UStG (Umsatzsteuergesetz [Sales tax law]). The customer waives having the invoice sent by regular mail (i.e., a paper invoice) and agrees to the delivery of the electronic invoice by email.
- DELIVERY AND SHIPPING COSTS
- Hotel Sacher shall endeavour to deliver the products after the conclusion of the contract (for more details, see Item 3) without unnecessary delay. Depending on the product ordered, however, the delivery may take some time. If no other agreement has been made with the customer or Hotel Sacher does not announce any other delivery period before the contract is concluded, Hotel Sacher will deliver the ordered product to the customer.
- Vouchers are sent domestically by regular mail and abroad via DHL. If, in addition to a product from our range, a voucher is sent to the same address, no additional shipping costs will be charged. Depending on the destination, the delivery time may take up to approximately 7 business days (Monday - Friday). A longer delivery time does not entitle the customer to withdraw from the contract. Sacher does not guarantee a specific delivery time. Upon request, the shipment can also be made at a later date.
- The delivery is made to the delivery address specified by the customer in the order. The customer is obligated to immediately disclose a change to his contact details (in particular address and email address) as long as a contractual legal transaction has not been fulfilled by both parties. Until this point in time, Hotel Sacher can legally address legally relevant declarations to the contact details originally provided by the customer.
- The delivery of other goods is carried out depending on the customer’s delivery address by different shipping service providers, to whom, in addition to the delivery address, the customer’s email address and telephone number are provided in order to fulfill the delivery service. The respective delivery terms and conditions and the costs incurred can be found at https://shop.sacher.com/versandinformationen-2 and will be explained to the customer in detail before the order.
- Hotel Sacher is entitled to carry out partial deliveries in the case of orders of several or multi-part products.
- If delivery to the customer is not possible because the customer cannot be found at the specified delivery address or the delivery address was not specified correctly, the customer will bear the costs for both the unsuccessful attempt at delivery and the costs incurred by Hotel Sacher for the return shipment.
- Hotel Sacher reserves ownership of the products even after delivery to the customer until the full payment of the delivered products has been carried out.
- All customs fees, tariffs and delivery fees are to be borne by the customer and will be charged to them either as part of the order or as part of the delivery.
(This right of withdrawal applies only to consumers!)
- If the customer is a consumer (within the meaning of the Consumer Protection Act), the customer has the right for orders that fall within the scope of application of the FAGG - and only if it is not a custom-made product made according to the customer’s individual wishes or perishable goods - to withdraw from the contract concluded with Hotel Sacher via the webshop within fourteen days without giving reasons.
- The cancelation period is fourteen days and begins:
in the case of a sales contract, on the day on which the customer or a third party designated by the customer (which does not include the carrier) takes possession of the ordered product;
if the customer has ordered several products as part of a single order that are delivered separately, on the day on which the customer or a third party designated by the customer (which does not include the carrier) takes possession of the last product;
if goods are delivered in several partial shipments, on the day on which the customer or a third party named by the customer (this does not include the carrier) takes possession of the last partial shipment or the last item.
3. The customer can exercise his right of withdrawal by means of a clear declaration in which Hotel Sacher is informed of the decision to withdraw from the contract.
This can be done:
- by mail: Original Sacher-Torten Manufaktur GmbH, Philharmonikerstraße 4, 1010 Vienna
- by email: email@example.com
- by telephone: +43 (0)1 514 56 5608
For this purpose, the customer can use Hotel Sacher’s withdrawal form, which is enclosed with the delivery or can be accessed HERE and prepared for printing.
- In order to meet the withdrawal deadline, it is sufficient that the customer sends the declaration of the exercise of the right of withdrawal before the deadline (see Item 7.2).
- If the customer withdraws from the contract, Hotel Sacher will refund the payments already made immediately, but at the latest within 14 days of receipt of the withdrawal declaration.
This repayment includes the gross price paid by the customer for the product, including the delivery costs for the transport of the product to the customer. Any additional costs resulting from the customer choosing a different type of delivery than the cheapest standard delivery offered by Hotel Sacher (e.g., express delivery) will not be refunded.
The refund can be refused by Hotel Sacher until Hotel Sacher has received the product back or until the customer provides proof that he has sent the product back (whichever is earlier).
- If the customer withdraws from the contract, he is obliged to return the product received to Hotel Sacher immediately, but at the latest within 14 days of submitting the declaration of withdrawal (unless Hotel Sacher has offered the customer in writing to collect the goods itself). This return period is observed if the product is sent within the deadline.
- The direct costs of returning the product shall be borne by the customer.
- The customer must pay Hotel Sacher compensation for any loss of value if this is due to handling that is not necessary to test the nature, properties and functionality of the product. This is particularly the case when drinks (in whatever type of packaging, e.g., cans, bottles, six-packs, etc.) are opened.
- EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
- goods that are manufactured according to customer specifications or are clearly tailored to personal needs,
- goods that can spoil quickly or whose expiration date would be quickly exceeded,
- newspapers, periodicals or magazines, with the exception of subscription contracts for the delivery of such publications;
- sound or video recordings or computer software (such as CDs, DVDs, CD-ROMs) that are delivered in sealed packages and where the seal has been removed by the customer.
- The images of the products offered via the webshop are purely symbolic, and color variations, in particular, cannot be ruled out due to varying browser displays.
- Hotel Sacher assumes no liability with regard to the accuracy of the dimensions provided by the customer.
- Hotel Sacher guarantees, in accordance with the legal requirements, that the products have no defects at the time of handover, i.e., Hotel Sacher is liable for ensuring that the products have the required or usually expected properties, correspond to the description and are in keeping with the nature of the business or can be used in accordance with the agreement made.
- If the customer is an entrepreneur within the meaning of the UGB (Unternehmensgesetzbuch [Austrian Commercial Code]), the customer must, in accordance with § 377 UGB, report any defects in the products that he has discovered or should have discovered through inspection after delivery in the normal course of business. Otherwise, he will be subject to the consequences of §§ 377 et seqq. UGB.
Hotel Sacher shall only be liable for damages in connection with the fulfillment of the contract if Hotel Sacher or persons attributable to Hotel Sacher (i.e., assistants) act intentionally or with gross negligence. This exclusion for liability in the event of slight negligence does not apply to personal injury (i.e., Hotel Sacher is liable for this even in the event of slight negligence).
- DECLARATION REGARDING DATA PROTECTION POLICY
- For the correspondence with the customer or for the smooth fulfillment and execution of the contract (i.e., for the registration, processing of orders, delivery of products and processing of payments, review of claims that are asserted against Hotel Sacher after the fulfillment of the contract, etc.), Hotel Sacher requires the necessary data for this. The protection of this data and the personal rights of the customers are very important to Hotel Sacher. Therefore, Hotel Sacher uses (i.e., processes or transmits) the data exclusively within the framework of the legal provisions, including the General Data Protection Regulation (GDPR). The data used will be treated as strictly confidential. By placing the order, the customer acknowledges and agrees to Hotel Sacher’s data protection declaration (available at https://shop.sacher.com/datenschutz).
- When registering for the order (see Item 2), the title, salutation (i.e., gender), name, address (i.e., delivery or billing address), date of birth and email address are requested and saved by Hotel Sacher. In addition, the customer can also voluntarily provide his telephone number, which is also stored.
The data will be stored for the duration of the fulfillment of the contract or for as long as required by law. All data is stored on secure servers by our partner company, Incert, and protected by modern security technologies.
In the course of the order, information about the products ordered and payment information (i.e., credit card information, account data or other payment data) is also stored.
- Hotel Sacher uses this personal data for the following purposes:
- review of the prerequisites for registration or ordering in the webshop (in particular fulfillment of the age requirement);
- correspondence with the customer in connection with the order and the processing of the contract; For this purpose, the address data of the customer is also forwarded to selected logistics partners;
- sending electronic informational material about the product range (such as offers and news) as well as events or supported events, competitions and invitations or our house delivery, etc., by email, text or fax as well as personal or telephone contact (although only if the customer has agreed to these advertising measures);
- internal classification into categories (e.g., woman/man and age groups) in order to be able to transmit customized information (by mail or electronically) or for customized (advertising) gifts (although only if the customer has agreed to the sending of electronic informational material). For this purpose, the salutation (i.e., the gender) and the date of birth are also processed;
- use of the data of any purchases in order to anonymize it (i.e., to remove any personal reference) and to use the anonymized recording for a period of 2 years for the further development and optimization of our offers and products as well as for the purposes of our own market research;
4. If consent is required for the use of personal data and has been obtained, this can be revoked at any time. Revocations can be made as follows:
- by mail: Original Sacher-Torten Manufaktur GesmbH, Philharmonikerstraße 4, 1010 Vienna
- by email: firstname.lastname@example.org
5. The revocation of consent does not affect the lawfulness of the processing carried out based on the consent before its revocation.
- CONTRACT LANGUAGE, APPLICABLE LAW, JURISDICTION
- The contract, order and business language is exclusively German. If Hotel Sacher communicates with the customer in another language, this will only be done in an accommodating manner and for informational reasons; however, only the German text is legally binding; this also applies, in particular, if other possible interpretations arise from the text translated into another language.
- Austrian law applies exclusively to the legal transaction concluded via the webshop between Hotel Sacher and the customer, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules. These provisions apply to all customers, including international customers, regardless of their place of residence or place of business.
- If the customer is an entrepreneur within the meaning of the UGB, the competent court for 1010 Vienna is exclusively responsible for complaints against Hotel Sacher. However, Hotel Sacher is still entitled to sue the customer (i.e., entrepreneurs within the meaning of the UGB) at his general place of jurisdiction or another place of jurisdiction.