GENERAL TERMS AND CONDITIONS
- The deliveries, services and offers of PIZZA & BAGUETTE GmbH are made exclusively on the basis of these General Terms and Conditions (GTC). These also apply to all future business relationships, even if they are not expressly agreed again.
- Deviating, conflicting or supplementary contractual conditions - in particular business or delivery conditions of the customer - do not become part of the contract unless PIZZA & BAGUETTE GmbH has expressly agreed to their application in writing.
- These terms and conditions remain binding even if individual parts should be ineffective for any reason.
- Offers and price information as well as the content of brochures, catalogs or price lists used by PIZZA & BAGUETTE GmbH are generally non-binding, unless their binding nature has been expressly promised. The prices of PIZZA & BAGUETTE GmbH apply ex works. Shipping costs are not included in the prices. All prices are net prices and do not include statutory VAT.
- The presentation of products on the website www.pizza-baguette.at does not constitute a legally binding offer by PIZZA & BAGUETTE GmbH, but serves to submit a purchase offer. The customer can place an order via the online shopping cart system.
- By placing an order, the customer submits a binding offer.
- PIZZA & BAGUETTE GmbH can accept the customer's offer within one week after receipt of the offer.
- The seller reserves ownership or copyright of all offers and cost estimates submitted by him as well as drawings, illustrations, calculations, brochures, catalogs, models, tools, and other documents and aids provided to the client. The client may not make these items accessible to third parties either as such or in content, disclose them, use them themselves or through third parties, or reproduce them without the express consent of the seller. Upon request of the seller, the client must return these items completely to the seller and destroy any copies made if they are no longer needed in the ordinary course of business or if negotiations do not lead to the conclusion of a contract. An exception to this is the storage of electronically provided data for the purpose of usual data backup.
- PIZZA & BAGUETTE GmbH invoices deliveries and services on the day of (even partial) delivery or when the goods are stored for the customer or held on call for them.
- The prices apply to the scope of services and deliveries listed in the order confirmations. Additional or special services will be charged separately. Unless otherwise agreed, the prices are in EURO free domicile including packaging, plus statutory VAT, and for export deliveries customs duties as well as fees and other public charges.
- Invoices are due immediately upon receipt without deduction or to be paid according to the payment terms stated on the invoice.
- The customer may only offset with an undisputed or legally established claim.
- Justified complaints do not entitle the withholding of the entire invoice amount, but only a reasonable part of it.
- In case of payment default, default interest (9.2% above the base rate) is to be paid.
- The customer undertakes, in the event of a payment default, to reimburse the dunning and collection fees necessary for appropriate legal enforcement and reasonable in relation to the claim. If PIZZA & BAGUETTE GmbH manages the dunning process itself, the customer undertakes to pay an amount of EUR 15.00 net per reminder and an amount of EUR 15.00 net per half-year for maintaining the evidence of the debt relationship in the dunning process.
- The assertion of further default damages is not excluded by this.
- In the event of payment default, PIZZA & BAGUETTE GmbH is entitled to make invoices not yet due payable, to demand partial payments for costs already incurred, to make further work on open orders dependent on advance partial payments and the settlement of all outstanding invoice amounts. Furthermore, PIZZA & BAGUETTE GmbH is entitled to withhold goods not yet delivered until full payment of all outstanding down payments, partial payments, and invoice amounts.
- The delivered goods remain the property of PIZZA & BAGUETTE GmbH until full payment of the invoice amount and all claims existing as of the invoice date of PIZZA & BAGUETTE GmbH against the customer.
- The customer's claims from a resale of the reserved goods are already assigned to PIZZA & BAGUETTE GmbH upon order placement to secure all claims of PIZZA & BAGUETTE GmbH from the business relationship. The customer is only entitled and authorized to resell the reserved goods if the claim from the resale passes to PIZZA & BAGUETTE GmbH.
- The delivery or production time depends on the type of product and the scope of the order.
- The delivery times specified by PIZZA & BAGUETTE GmbH are generally only approximate dates and do not constitute a fixed date commitment. Fixed dates must be agreed upon separately in writing.
- In case of delivery delay, the customer must set a reasonable grace period of at least one week, oriented to the respective order. After the fruitless expiry of the grace period, the customer can withdraw from the contract by setting a new reasonable grace period of at least two weeks. However, the customer can immediately withdraw from the contract in case of delivery delay if it is a fixed transaction or if PIZZA & BAGUETTE GmbH unjustifiably and definitively refuses the service or is unable to deliver within a reasonable period. The withdrawal must be asserted by registered letter.
- In the event of force majeure or other unforeseeable, extraordinary, and unintentional circumstances (e.g., operational disruptions, strikes, lockouts, lack of transport means, official interventions, energy supply difficulties, etc.) – including when they occur at suppliers or subcontractors – PIZZA & BAGUETTE GmbH is released from the obligation to deliver for the duration of the disruption. If delivery or performance becomes impossible or unreasonable due to these circumstances, PIZZA & BAGUETTE GmbH is released from the obligation to perform. If the delay in performance lasts longer than five weeks, the customer is entitled to withdraw from the contract. If the delivery time is extended or PIZZA & BAGUETTE GmbH is released from its obligation to perform, the customer cannot derive any claims for damages from this. PIZZA & BAGUETTE GmbH can only invoke these circumstances if it immediately notifies the customer thereof.
- Deliveries are made from the operations of PIZZA & BAGUETTE GmbH at the customer's expense and risk, unless otherwise agreed. Transport insurance is only taken out at the express request and expense of the customer. The risk of loss or damage to the goods passes to the customer upon handover of the goods to the customer or to the person carrying out the transport, or at the time the goods leave the warehouse of PIZZA & BAGUETTE GmbH for shipment. The same applies if the customer is in default of acceptance of the goods.
- For orders of refrigerated or frozen goods, the customer must ensure that acceptance of the goods is guaranteed to maintain an uninterrupted cold chain. PIZZA & BAGUETTE GmbH ensures the temperature chain up to the delivery location. Thawed frozen products must not be refrozen. PIZZA & BAGUETTE GmbH cannot be held liable for damages, quality reductions, and consequential damages resulting from improper handling and storage by the customer.
- The customer must inspect the delivered goods for defects. Open defects must be reported to PIZZA & BAGUETTE GmbH immediately, specifically, and in writing (notice of defects). Hidden defects must be asserted immediately after discovery, but no later than six months after delivery of the goods to PIZZA & BAGUETTE GmbH.
- The warranty period is six months from delivery of the goods, whereby the warranty for used goods is completely excluded unless an expressly guaranteed characteristic is missing. § 924 ABGB does not apply. The customer must prove the existence of the defect at the time of delivery. The right of recourse under § 933b, second sentence ABGB expires two years after the performance by PIZZA & BAGUETTE GmbH.
- For timely and justified complaints about defects, PIZZA & BAGUETTE GmbH is obliged, at its own discretion and excluding other claims, to remedy the defect and/or provide replacement delivery, up to the order value, unless an expressly guaranteed characteristic is missing or PIZZA & BAGUETTE GmbH or an agent acting on its behalf is guilty of intent or gross negligence. The same applies in the case of justified complaints about the remedy or replacement delivery. In the event of delayed, omitted, or unsuccessful remedy or replacement delivery, the customer has the right to a price reduction and/or contract rescission.
- PIZZA & BAGUETTE GmbH's liability for consequential damages due to defects exists only if PIZZA & BAGUETTE GmbH or an agent acting on its behalf is guilty of intent or gross negligence.
- Outside the scope of the Product Liability Act, the liability of PIZZA & BAGUETTE GmbH for contractual breaches as well as liabilities from tort is limited to intent and gross negligence. Liability of PIZZA & BAGUETTE GmbH for slight negligence is excluded in any case – unless the liability is based on injury to life, body, or health.
- PIZZA & BAGUETTE GmbH is only liable for typical, foreseeable damages arising from the contract. Furthermore, any liability of PIZZA & BAGUETTE GmbH is from the outset limited to the amount of the order value. Liability for lost profits is excluded.
- Claims for damages must be asserted in court within six months from knowledge of the damage and the injuring party, but no later than three years from delivery, under penalty of forfeiture.
- Points 10.1 to 10.3 also apply to pre-contractual obligations, i.e., even if no contract is concluded.
- PIZZA & BAGUETTE GmbH is entitled to process personal data entrusted to it by the customer within the scope of the purpose of the contractual relationship. Further information on data processing by PIZZA & BAGUETTE GmbH can be found in the privacy policy (available at www.pizza-baguette.at).
- Furthermore, PIZZA & BAGUETTE GmbH is entitled to refer to the existing or former business relationship with the customer on its own advertising media (especially on its website www.pizza-baguette.at) (reference notice). The customer can revoke this consent at any time by appropriate notification to PIZZA & BAGUETTE GmbH (e.g., Tel: +43 (0) 7732/3866-5; Email: office@pizza-baguette.at).
- The rental equipment is handed over by PIZZA & BAGUETTE GmbH in undamaged, cleaned, and operational condition. The customer is obliged to check the rental item immediately upon receipt accordingly and to notify PIZZA & BAGUETTE GmbH immediately of any defects found; otherwise, the rental item is deemed to have been delivered and accepted in accordance with the contract.
- The customer is responsible for the rental equipment from acceptance until return. The return can only take place during the business hours of PIZZA & BAGUETTE GmbH.
- The customer is obliged to treat the rental equipment with care and to return it in undamaged, cleaned, and operational condition. Cleaning of soiled rental equipment will be charged to the customer. Missing, damaged, or defective rental equipment will be charged at the replacement or repair price at the discretion of PIZZA & BAGUETTE GmbH. Furthermore, the customer bears the rental costs until replacement or repair.
- In addition, the points 1 to 11 and 13 of these terms and conditions apply accordingly to the oven rental.
- Austrian law applies to the exclusion of the UN Sales Convention and the conflict of law rules of Austrian private international law.
- For all legal disputes arising from the contractual relationship governed by these terms and conditions, including those concerning the existence or non-existence of the contractual relationship, only the court with jurisdiction at the registered office of PIZZA & BAGUETTE GmbH is responsible.
- The contract language is German.
- The place of performance is the registered office of PIZZA & BAGUETTE GmbH.
- All order agreements, changes or additions to the contract and these terms and conditions require written form to be valid. This also applies to waiving the written form requirement. Oral agreements must be confirmed in writing.
- Should individual provisions of the contract including these terms and conditions be wholly or partially invalid or become invalid, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision that comes as close as possible to the content and purpose of the wholly or partially invalid provision.