Table of content
GENERAL TERMS AND CONDITIONS
1. SCOPE OF THE GENERAL TERMS AND CONDITIONS2. CUSTOMER REQUIREMENTS
3. CONCLUSION OF CONTRACT
4. PRICES
5. PAYMENT
6.DELIVERY AND SHIPPING COSTS
7. WITHDRAWAL FROM THE CONTRACT (THIS RIGHT OF WITHDRAWAL APPLIES ONLY TO CONSUMERS)
8. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
9. WARRANTY
10. LIABILITY FOR DAMAGES
11. CONTRACT LANGUAGE, APPLICABLE LAW, JURISDICTION
1. SCOPE OF THE GENERAL TERMS AND CONDITIONS
1.1. Sacher Hotels Betriebsgesellschaft m. b. H., Philharmonikerstraße 4, 1010 Vienna, company registration number FN 319070 x (hereinafter “Hotel Sacher”), operates an online shop at https://voucher.sacher.com (hereinafter “Webshop”), to which these General Terms and Conditions (GTC) apply.
1.2. These GTC apply equally to consumers and entrepreneurs, unless individual provisions of the GTC provide otherwise.
1.3. These General Terms and Conditions (hereinafter “GTC”), as amended from time to time, apply exclusively to the placing of orders (for further details see Section 3) and to all legal transactions concluded in connection with the Webshop. By submitting an order in the Webshop, the customer expressly agrees that these GTC form part of the respective legal transaction.
1.4. Hotel Sacher hereby expressly rejects any terms and conditions of the customer that differ from these GTC. Deviating terms and conditions of the customer shall apply only if Hotel Sacher agrees to their application in writing.
2. CUSTOMER REQUIREMENTS
2.1. Orders may only be placed after prior registration (i.e. provision of the required data) and are reserved exclusively for persons who have already reached the age of 18.
2.2. Hotel Sacher provides technical measures, particularly in relation to alcoholic beverages, intended to prevent orders by younger persons. For technical reasons, however, Hotel Sacher cannot completely rule out the possibility that younger persons may 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 and/or order data are correct and complete.
3. CONCLUSION OF CONTRACT
3.1. The presentation of products in the Webshop does not constitute a binding offer by Hotel Sacher. Rather, it constitutes a non-binding product range (i.e. the goods generally sold by Hotel Sacher). In particular, due to the limitations inherent in the nature of the Webshop, the products offered are usually limited to a certain quantity. Hotel Sacher expressly reserves the right to correct the stock levels stated in the Webshop and cannot exclude the possibility that, particularly for technical reasons, the stated availability may not be displayed correctly.
3.2. By placing an order (i.e. confirming it by clicking the order button labelled “Order with obligation to pay”), the customer submits a binding offer to Hotel Sacher for the products selected by the customer and subsequently shown in the order form.
3.3. Hotel Sacher is legally obliged to confirm receipt of this contractual declaration (i.e. the order) to the customer electronically without undue delay. This is done by means of an automated confirmation email acknowledging receipt of the order. This confirmation email does not constitute acceptance.
3.4. Hotel Sacher is not obliged to accept the customer’s offer. If Hotel Sacher rejects the customer’s offer, Hotel Sacher will inform the customer without undue delay.
3.5. Hotel Sacher may accept the offer either by a separate declaration of acceptance (e.g. by email) or by actual delivery of the ordered products. In the latter case, Hotel Sacher will send the customer information (e.g. by email) confirming that the products have been dispatched.
4. PRICES
4.1. Only the prices displayed in the Webshop at the time the order is placed shall apply to the order.
4.2. The prices are gross prices (i.e. including VAT and all other taxes and surcharges). Any delivery costs are not included in the prices shown, but will be disclosed during the ordering process before the order is completed (see Section 6).
5. PAYMENT
5.1. The total price (i.e. purchase price plus any delivery costs) becomes due upon conclusion of the contract (for further details see Section 3) and may be paid by the customer by credit card, instant bank transfer, PayPal and PayPal Express.
Further information on the respective payment terms and any charges imposed by payment service providers is available at "Payment Providers in the Sacher Gift Card World" and will also be presented to the customer in detail before the order is placed.
5.2. If the customer is in default of payment, the customer is obliged to pay statutory default interest (pursuant to Section 1000 ABGB for consumers and Section 456 UGB for entrepreneurs).
5.3. Payments shall first be credited against interest, then against principal and finally against costs.
5.4. Until payment has been made in full, the delivered goods remain the property of Hotel Sacher (retention of title).
5.5. By placing the order, the customer agrees that Hotel Sacher may issue invoices in electronic form and send them to the customer (a so-called “electronic invoice” within the meaning of Section 11(2) UStG). The customer waives delivery of the invoice by post (i.e. a paper invoice) and agrees to receive the electronic invoice by email.
6.DELIVERY AND SHIPPING COSTS
6.1. Hotel Sacher endeavours to deliver the products after conclusion of the contract (for further details see Section 3) without undue delay. Depending on the product ordered, however, delivery may take some time. Unless otherwise agreed with the customer or unless Hotel Sacher specifies a particular delivery period before conclusion of the contract, Hotel Sacher will deliver the ordered product to the customer without undue delay.
6.2. Delivery shall be made to the delivery address specified by the customer in the order. The customer is obliged to notify Hotel Sacher immediately of any change to their contact details (in particular address and email address) for as long as a legal transaction covered by the contract has not been fully performed by both parties. If the customer fails to provide such notification, Hotel Sacher may validly send legally relevant declarations to the contact details most recently provided by the customer.
6.3.Vouchers are sent domestically by post and internationally via DHL. If a voucher is shipped to the same address together with a product from our range, no additional shipping costs will be charged. Depending on the destination, delivery may take up to approximately 7 working days (Monday to Friday). Sacher does not guarantee any specific delivery time. Upon request, dispatch may also take place at a later date.
6.4. Delivery of other goods is carried out by different shipping service providers depending on the customer’s delivery address. In order to perform the delivery service, the customer’s email address and telephone number will be provided to the relevant shipping service provider in addition to the delivery address. The applicable delivery terms and costs are available at https://shop.sacher.com/versandinformationen-2 and will also be presented to the customer in detail before the order is placed.
6.5. Hotel Sacher is entitled to make partial deliveries, including where several products are ordered or where a product consists of several parts.
6.6. If delivery to the customer is not possible because the customer cannot be found at the stated delivery address or because the delivery address was stated incorrectly, the customer shall bear the costs of the unsuccessful delivery attempt and any return-shipping costs incurred by Hotel Sacher.
6.7. Hotel Sacher retains title to the products even after delivery to the customer until the delivered products have been paid for in full.
6.8. All customs charges, duties and delivery fees shall be borne by the customer and will be charged either as part of the order or upon delivery.
7.1. If the customer is a consumer (within the meaning of the Austrian Consumer Protection Act), then for orders falling within the scope of the FAGG, and only where the goods are not custom-made according to the customer’s individual wishes or perishable goods, the customer has the right to withdraw from the contract concluded with Hotel Sacher via the Webshop within fourteen days without giving any reason.
7.2. The withdrawal 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 (other than the carrier) takes possession of the ordered product;
- where the customer has ordered several products as part of a single order and they are delivered separately, on the day on which the customer or a third party designated by the customer (other than the carrier) takes possession of the last product;
- where goods are delivered in several partial consignments, on the day on which the customer or a third party designated by the customer (other than the carrier) takes possession of the last partial consignment or the last item;
This may be done
- by post: Sacher Hotels Betriebsgesellschaft m. b. H., Philharmonikerstraße 4, 1010 Vienna
- by email: wien@sacher.com
- by telephone: +43 (0)1 514 56 0
7.4. To comply with the withdrawal period, it is sufficient for the customer to send the declaration exercising the right of withdrawal before expiry of the period (see Section 7.2.).
7.5. If the customer withdraws from the contract, Hotel Sacher will refund all payments already made by the customer without undue delay and no later than 14 days after receipt of the declaration of withdrawal. This refund includes the gross price paid by the customer for the product, including the delivery costs for transporting the product to the customer. Any additional costs resulting from the customer having chosen a type of delivery other than the least expensive standard delivery offered by Hotel Sacher (e.g. express delivery) will not be refunded.
Hotel Sacher may withhold the refund until Hotel Sacher has received the product back or until the customer provides evidence that the product has been returned, whichever is earlier.
7.6. If the customer withdraws from the contract, the customer is obliged to return the received product to Hotel Sacher without undue delay and no later than 14 days after submitting the declaration of withdrawal (unless Hotel Sacher has offered in writing to collect the goods itself). This return period is complied with if the product is dispatched within the period.
7.7. The direct costs of returning the product shall be borne by the customer.
7.8. The customer shall compensate Hotel Sacher for any loss in value if such loss results from handling the product beyond what is necessary to establish the nature, characteristics and functioning of the product. This applies in particular if beverages (regardless of the type of packaging, e.g. cans, bottles, six-packs, etc.) are opened.
8. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal described in Section 7 does not apply, among other things, to customers who are consumers in respect of:
- goods delivered sealed which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
- goods made to customer specifications or clearly personalised to the customer’s individual needs,
- goods which are liable to deteriorate rapidly or whose expiry date would quickly be exceeded,
- newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications,
- audio or video recordings or computer software (such as CD, DVD, CD-ROM) supplied in sealed packaging where the seal has been removed by the customer.
9. WARRANTY
9.1. The images of the products offered via the Webshop are purely illustrative and, due to differences in browser displays, variations in appearance, particularly colour deviations, cannot be ruled out.
9.2. Hotel Sacher accepts no liability for the accuracy of measurements provided by the customer.
9.3. In accordance with statutory requirements, Hotel Sacher warrants that the products are free from defects at the time of handover, i.e. Hotel Sacher is liable for ensuring that the products have the agreed or normally expected characteristics, correspond to their description and can be used in accordance with the nature of the transaction or the agreement reached.
9.4. Warranty claims relating to products available for purchase via the Webshop become time-barred two years after delivery.
If a defect becomes apparent within one year of delivery, it is presumed that the defect already existed at the time of delivery. After one year has elapsed, the customer must prove that the defect already existed, at least in substance, at the time of handover.9.5. If a defect exists, the customer may in principle initially choose between repair or completion of what is missing and replacement of the item. Hotel Sacher will provide this remedy within a reasonable period and with as little inconvenience to the customer as possible. If repair or replacement is impossible or would involve disproportionately high costs for Hotel Sacher compared with the other remedy (taking into account the value of the defect-free item, the seriousness of the defect and the inconvenience to the customer associated with the other remedy), the customer shall be entitled to a price reduction or rescission (i.e. cancellation of the contract). However, rescission is available only if the defect is not minor.
9.6. If the customer is an entrepreneur within the meaning of the UGB, then pursuant to Section 377 UGB the customer must notify Hotel Sacher within a reasonable period of any defects in the products which the customer identified, or should have identified, through inspection in the ordinary course of business after delivery. Otherwise, the consequences of Sections 377 et seq. UGB shall apply.
10. LIABILITY FOR DAMAGES
Hotel Sacher shall be liable for damage in connection with performance of the contract only if Hotel Sacher or persons attributable to Hotel Sacher (i.e. agents) act intentionally or with gross negligence. This exclusion of liability for slight negligence does not apply to personal injury (i.e. Hotel Sacher is also liable for personal injury in cases of slight negligence).
11. CONTRACT LANGUAGE, APPLICABLE LAW, JURISDICTION
11.1. The contract, ordering and business language is exclusively German. If Hotel Sacher communicates with the customer in another language, it does so solely as a courtesy and for information purposes; however, only the German text is legally binding. This applies in particular where a text translated into another language gives rise to different possible interpretations.
11.2. The legal transaction concluded between Hotel Sacher and the customer via the Webshop is governed exclusively by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and conflict-of-law rules.
11.3. If the customer is an entrepreneur within the meaning of the UGB, the court with subject-matter jurisdiction for 1010 Vienna shall have exclusive jurisdiction over actions against Hotel Sacher. Hotel Sacher shall, however, remain entitled to bring proceedings against the customer (i.e. an entrepreneur within the meaning of the UGB) at the customer’s general place of jurisdiction or at any other optional place of jurisdiction. For consumers, the places of jurisdiction provided for in the KSchG shall apply.