PIZZA & BAGUETTE GmbH, Mühlehen 2, A-4681 Rottenbach
1.1. 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.
1.2. Deviating, conflicting or supplementary terms of contract - especially terms and conditions of the Customer - shall not become part of the contract, unless PIZZA & BAGUETTE GmbH has expressly agreed to their application in writing.
1.3. These terms and conditions remain binding even if individual parts should not be effective for any reason.
2. OFFER, ORDERS AND CONCLUSION OF CONTRACT
2.1. Offers and price information as well as the content of the brochures, catalogues or price lists used by PIZZA & BAGUETTE GmbH are in principle not binding, unless expressly stated otherwise. The prices of PIZZA & BAGUETTE GmbH are ex works. The prices do not include the shipping costs. All prices are net prices and do not include the statutory sales tax.
2.2. The presentation of the products on the website www.pizza-baguette.at does not constitute a legally binding offer of PIZZA & BAGUETTE GmbH, but serves to submit a purchase offer. The Customer can place an order via the online shopping cart system.
2.3. The Customer submits a binding offer with his order.
2.4. PIZZA & BAGUETTE GmbH can accept the offer of the Customer within one week after receipt of the offer.
2.5 The Seller retains ownership or copyright to all offers and cost estimates submitted by him as well as drawings, illustrations, calculations, brochures, catalogues, models, tools and other documents and aids made available to the Customer. The Customer may not make these objects accessible to third parties without the express consent of the Seller, as such or as regards their content, make them known, disclose or reproduce them himself or through third parties.
At the Seller's request, he must return these items in full to the Seller and destroy any copies he may have 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. Excluded from this is the storage of electronically provided data for the purpose of normal data backup.
3. INVOICE PRICE
3.1. PIZZA & BAGUETTE GmbH invoices the deliveries and services on the day of (even partial) delivery or when the goods are stored for the Customer or kept on call for him.
3.2. The prices apply to the scope of service and delivery stated in the order confirmations. Extra or special services will be charged separately. The prices are, unless otherwise agreed in EURO free domicile including packaging, plus VAT, in case of export deliveries customs as well as fees and other public charges.
4. PAYMENT TERMS
4.1. Invoices are due immediately upon receipt of the invoice without deduction or payable at the payment terms stated on the invoice.
4.2. The Customer can only offset with an undisputed or legally established claim.
4.3. Justified complaints do not entitle to the restraint of the entire, but only an appropriate part of the invoice amount.
5. DEFAULT IN PAYMENT
5.1. In the event of default in payment, default interest (9.2% above the base rate) shall be paid.
5.2. The Customer undertakes, in the event of a default in payment, to reimburse the dunning and collection charges necessary for the appropriate legal pursuit and in proportion to the claim. Insofar as PIZZA & BAGUETTE GmbH operates the dunning system itself, the Customer agrees to pay the amount of EUR 15.00 net per reminder and an amount of EUR 15.00 net per half-year for the evidence retention of the debt in the dunning process.
5.3. The assertion of any further damage claim caused by default is hereby not excluded.
5.4. In the event of default in payment, PIZZA & BAGUETTE GmbH is entitled to demand payment for not yet due invoices, to ask for partial payments for the costs already incurred, to make further work on pending orders dependent on advance instalment payments as well as the settlement of all open invoice amounts. In addition, PIZZA & BAGUETTE GmbH is entitled to withhold the goods not yet delivered until full payment of all down payments, partial payments and invoice amounts.
6. RETENTION OF TITLE
6.1. The delivered goods remain the property of PIZZA & BAGUETTE GmbH until full payment of the invoice amount as well as all existing receivables of PIZZA & BAGUETTE GmbH from the Customer on the invoice date.
6.2. The receivables of the Customer from a resale of the reserved goods are assigned to PIZZA & BAGUETTE GmbH as soon as the order has been placed to secure all receivables 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 is transferred to PIZZA & BAGUETTE GmbH.
7. DELIVERY TIME, DELAY IN DELIVERY
7.1 The delivery or production time depends on the type of product and the scope of the order.
7.2 The delivery times stated by PIZZA & BAGUETTE GmbH are only approximate dates and do not include the promise of a fixed date. Fixed dates are to be agreed separately in writing.
7.3 In the event of a delay in delivery, the Customer must set a reasonable grace period of at least one week in accordance with the respective order. After fruitless expiry of the grace period, the Customer may withdraw from the contract after setting a further reasonable grace period of at least two weeks. However, the Customer may immediately withdraw from the contract in the event of a delay in delivery in case of a transaction for a delivery by a fixed date exists or if PIZZA & BAGUETTE GmbH unjustifiably and finally refuses performance or is not in a position to deliver within a reasonable period of time. Cancellation must be made by registered letter.
7.4. In the event of force majeure or other unforeseeable, exceptional and unrelated circumstances (e.g. breakdowns, strike, lockout, lack of means of transport, official intervention, energy supply difficulties, etc.) - even if they occur to Suppliers - PIZZA & BAGUETTE GmbH is released from the obligation to deliver for the duration of the disruption. If the delivery or service becomes impossible or unreasonable as a result of these circumstances, PIZZA & BAGUETTE GmbH shall be released from the performance obligation. 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 if PIZZA & BAGUETTE GmbH is released from its performance obligation, the Customer cannot derive any claims for damages.
PIZZA & BAGUETTE GmbH shall only be able to invoke these circumstances if it notifies the Customer immediately.
8.1 Unless otherwise agreed, deliveries are made ex works of PIZZA & BAGUETTE GmbH at the expense and risk of the Customer. Transport insurance is only taken out at the express request and at the Customer's expense. The risk for loss of or damage to the goods passes to the Customer when the goods are handed over to the Customer or to the person carrying out the transport or at the time when the goods have left the warehouse of PIZZA & BAGUETTE GmbH for dispatch. Delivery shall be deemed to have taken place if the Customer is in default of acceptance of the goods.
8.2 When ordering chilled or frozen goods, the Customer must ensure that the acceptance of the goods is secured in order to ensure an uninterrupted cold chain. PIZZA & BAGUETTE GmbH ensures the temperature chain to the place of delivery. Defrosted frozen products must not be frozen again. PIZZA & BAGUETTE GmbH cannot be held liable for damages, quality reductions and consequential damages resulting from improper handling and storage by the Customer.
9.1. Le client doit examiner les marchandises livrées pour les défauts. PIZZA & BAGUETTE GmbH doit être notifiée immédiatement, spécifiquement et par écrit, de tout défaut apparent (notification de défaut). Les vices cachés doivent être signalés à PIZZA & BAGUETTE GmbH immédiatement après leur découverte, mais au plus tard six mois après la livraison de la marchandise.
9.2. La période de garantie est de six mois à compter de la livraison des marchandises, la garantie étant totalement exclue pour les marchandises d'occasion, sauf s'il manque une propriété expressément garantie. § 924 ABGB ne s'applique pas. Le client doit prouver l'existence du défaut au moment de la remise. Le droit de recours selon § 933b, deuxième phrase ABGB expire deux ans après que le service a été fourni par PIZZA & BAGUETTE GmbH.
9.3. PIZZA & BAGUETTE GmbH est tenu, à sa seule discrétion, à l'exclusion d'autres réclamations de réparation et/ou de livraison de remplacement pour les défauts signalés en temps opportun et justifié, jusqu'au montant de la valeur de la commande, à moins qu'une propriété expressément garantie ne soit manquant ou PIZZA & BAGUETTE GmbH ou un agent d'exécution de PIZZA & BAGUETTE GmbH sont coupables de faute intentionnelle ou de négligence grave. Il en va de même en cas de réclamation justifiée concernant la livraison de réparation ou de remplacement. En cas de rectification ou de livraison de remplacement retardée, omise ou infructueuse, le client a droit à une réduction de prix et/ou à une conversion.
9.4. PIZZA & BAGUETTE GmbH n'est responsable des dommages indirects causés par un défaut que si PIZZA & BAGUETTE GmbH ou un agent d'exécution a agi intentionnellement ou par négligence grave.
10. LIMITATIONS OF LIABILITY
10.1. Outside the scope of the Product Liability Act, the liability of PIZZA & BAGUETTE GmbH for contractual breaches of duty as well as liability for tort is limited to intent and gross negligence. Liability of PIZZA & BAGUETTE GmbH for slight negligence is - in so far as liability is not based on injury to life, body or health - excluded in any case.
10.2. PIZZA & BAGUETTE GmbH is only liable for contractually typical, foreseeable damages. Moreover, any liability of PIZZA & BAGUETTE GmbH is limited from the outset to the value of the order. The liability for lost profits is excluded.
10.3 Claims for damages are to be asserted in court within six months after knowledge of the damage and the party causing the damage, at the latest, however, within three years after delivery.
10.4 Points 10.1. to 10.3. also apply to pre-contractual obligations, i.e. even if no contract is concluded.
11. DATA PROTECTION
11.1 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 data protection policy (available at www.pizza-baguette.at).
11.2 Furthermore, PIZZA & BAGUETTE GmbH is entitled to refer to its own advertising media (in particular on its website www.pizza-baguette.at) to the existing or previous business relationship with the Customer (reference notice). The Customer can revoke this consent at any time by notifying PIZZA & BAGUETTE GmbH (e.g. Tel: +43 (0) 7732/3866-5; e-mail: firstname.lastname@example.org).
12. OVEN RENTAL
12.1 The rental equipment shall be handed over by PIZZA & BAGUETTE GmbH in undamaged, cleaned and operational condition. The Customer is obliged to check the rented object immediately upon receipt and to inform PIZZA & BAGUETTE GmbH immediately of any defects found, otherwise the rented object is deemed to have been delivered or taken over in accordance with the contract.
12.2 The Customer is responsible for the rental equipment from acceptance to return. The return can only take place during the business hours of PIZZA & BAGUETTE GmbH.
12.3 The Customer is obliged to handle the rental equipment with care and to return it in undamaged, cleaned and operational condition. The cleaning of soiled rental equipment will be invoiced to the Customer. Missing, damaged or defective rental equipment will be charged at the replacement price or repair price at the discretion of PIZZA & BAGUETTE GmbH. Furthermore, the Customer bears the rental costs until replacement or repair.
12.4. For the rest, the points 1. to 11. and 13. of these terms and conditions apply mutatis mutandis for oven rental.
13. FINAL PROVISIONS
13.1 Austrian law shall apply excluding the UN Sales Law and the conflict of laws provisions of Austrian international private law.
13.2. For all disputes arising from the contractual relationship that is subject to these terms and conditions, including those concerning the existence or non-existence of the contractual relationship, only the competent court at the registered office of PIZZA & BAGUETTE GmbH is responsible.
13.3. The contract language is German.
13.4. Place of performance is the registered office of PIZZA & BAGUETTE GmbH.
13.5. All order agreements, changes or additions to the contract and these terms and conditions must be done in writing in order to be valid. This also applies to the waiver from the written form requirement. Verbal agreements must be confirmed in writing.
13.6. Should individual provisions of the contract, including these GTC, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective regulation is replaced by a regulation that comes as close as possible to the content and purpose of the wholly or partially ineffective regulation.