1.1. The General Terms and Conditions shall form an integral part of every agreement concluded between the Customer (hereinafter also referred to as the “Customer”) and Brasserie 28 GmbH, as well as of every declaration of intent issued to the Customer. Any general terms and conditions of business of the client are not recognised from the outset and do not form the basis for the contracts to be concluded with the client. Such general terms and conditions of the Customer must be expressly agreed in each case and must be submitted to Brasserie 28 GmbH in writing prior to the conclusion of the contract.
1.2. Orders are accepted in writing and by e-mail. In the case of written orders and orders via e-mail, the order confirmation shall be made in writing. Likewise, orders are accepted via our online platform (“online shop”). Orders in the online shop can only be placed via the Internet using the interface set up on “email address” and exclusively in German. Before placing an order, the customer must, in addition to his name, address, date of birth and telephone number, provide his e-mail address, which he can use to receive, read, save and print out our e-mails, in the space provided for this purpose in the online shop.
1.3. To submit an offer, the customer first clicks on an offer with the mouse and presses the button “Add to shopping cart”. After that the customer clicks on the button “Proceed to checkout”. There he can log in with an existing user name and login or complete the order without being registered by entering his name and address data. Before he sends his order, he receives an overview of the data of his order. Here he has the possibility to check his order for input errors and to remove unwanted articles from the order. Before submitting a binding order, the customer can correct his entries on an ongoing basis using the usual keyboard and mouse functions. In addition, all entries are displayed again in an overview before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
1.4. The General Terms and Conditions of Brasserie 28 GmbH shall also apply to all future orders placed by the Customer. Brasserie 28 GmbH reserves the right to refuse orders without giving reasons.
- Youth protection
2.1. Sales are made exclusively to customers who have reached the age of 18.
2.2 By sending an order, the customer assures that he/she has reached the age of 18 and that the data provided with the order (name and address) are correct.
2.3. The customer shall ensure that only he himself or persons of full age authorised by him accept the delivery of goods and can identify themselves accordingly. The Customer shall indemnify the User against claims of third parties arising from the breach of the aforementioned obligations.
2.4. In the case of orders placed under the pretence of being of age, the person authorised to represent the person placing the order or the person of age shall be liable to the user for any resulting damage in accordance with the statutory provisions.
- Terms of Delivery:
3.1. In the event that regular delivery dates are agreed, the customer’s order must be received by Brasserie 28 GmbH no later than five working days prior to the agreed delivery date.
3.2. The customer must ensure that delivery is possible within the promised delivery time. Brasserie 28 GmbH shall endeavour to comply with delivery times and delivery requests, but claims for damages in the event of delays in delivery shall be excluded from the outset.
3.3. Delays due to force majeure, war, epidemic, pandemic, strike, other labour disputes, general shortage of raw materials, auxiliary materials, operational disruptions, which lead to the reasonable postponement of agreed delivery dates, do not entitle the client to withdraw from the contract. Should there be a delay of more than one month for the reasons stated, Brasserie 28 GmbH shall be entitled to withdraw from the contract.
3.4. Partial deliveries are permissible in accordance with the stock and the order of the customer.
3.5. Upon receipt of the goods, the customer receives a delivery note. The customer shall inspect the goods taken over immediately after delivery for completeness and condition in accordance with the agreement. The customer must confirm acceptance of the order and its verification by signing the delivery note. Any defects in the goods must already be asserted at this time and stated in writing on the delivery note. Later objections against the goods are excluded.
3.6. The delivery takes place in a special transport packaging. A second delivery attempt will only be made as far as possible by the deliverer. If the delivery fails, there will be no refund of the purchase price.
3.7. Collection is not possible.
4.1. The prices agreed in the confirmed offer shall apply.
4.2. All prices are shown in Euro (€).
4.3. The granting of discounts, in particular discounts in kind and free deliveries, shall take place at most on a one-off basis for the respective specific transaction and shall not form a basis for claims for the ongoing granting of such discounts.
4.4. All prices are valid until further notice.
4.5. In the event of obvious errors, Brasserie 28 GmbH reserves the right to subsequently charge the correct price.
5.transfer of risk:
In the case of direct handover to the customer, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover, in the case of sale by delivery to a place other than the place of performance, upon handover of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. In the event of default of acceptance by the customer, the risk shall pass to the customer at the time of the agreed acceptance of the goods.
- Danger notice
The goods are delivered / handed over in a carton with the danger notice “fragile” and “this side up”. Danger warnings on or in the packaging must be observed. Transport boxes must be kept out of the reach of children.
The buyer is advised that the goods must be stored after receipt at a temperature of max. 21° C. The goods must also be stored away from direct sunlight to prevent premature spoilage.
- Terms of Payment:
8.1. Incoming payments – even if they should be dedicated to a specific, different purpose – shall first be credited to costs and charges, in particular to a possible collection, then to interest, then to debts for goods and finally to claims of Brasserie 28 GmbH against the customer, in the event that several claims exist after their due date.
8.2. Offsetting with counterclaims of the customer against Brasserie 28 GmbH is excluded and the customer is also not entitled to withhold payments from claims of any other kind.
8.3. In the event of default in payment, the customer shall be obliged to pay the statutory interest owed between entrepreneurs from business transactions or from transactions with consumers. If partial or instalment payments have been agreed, in the event of default in payment after a registered reminder has been sent and a 14-day grace period has been set, the deadline shall be lost and the entire remaining outstanding capital, interest and costs shall become due for immediate repayment.
8.4. The customer is obligated to pay all reminder and collection fees that are claimed by recognized state creditor protection associations for collection services.
8.5. If several customers are involved in the conclusion of a contract, Brasserie 28 GmbH shall be liable to all of them jointly and severally.
Any defects for which Brasserie 28 GmbH is responsible shall first be remedied either by improvement or replacement. Redhibitory action or price reduction shall at most be secondary in the case of non-rectifiable material defects. The warranty of Brasserie 28 GmbH is excluded in the case of gratuitous transactions. With regard to the warranty periods, reference is made to the statutory provisions.
The Customer waives its right to assert claims against Brasserie 28 GmbH for damages that can be attributed to slight negligence on the part of Brasserie 28 GmbH. To the extent permitted by law, the Customer shall also waive its right to assert claims against Brasserie 28 GmbH for damages caused by gross negligence on the part of Brasserie 28 GmbH. This exclusion of liability also includes the conduct of any vicarious agents.
- Product Liability:
If the Client has paid damages as an entrepreneur who is obligated to pay damages under the PHG, Brasserie 28 GmbH shall not be entitled to compensation.
- Retention of Title:
12.1. The delivered goods shall remain the property of Brasserie 28 GmbH until payment has been made in full. The customer is entitled to sell the goods subject to retention of title within the scope of his ordinary business operations. However, the Customer hereby assigns to Brasserie 28 GmbH in advance its claims against the respective purchasers arising from the resale of such goods until the claims against Brasserie 28 GmbH have been satisfied in full.
12.2. Other items that have been made available to the Customer by Brasserie 28 GmbH on loan or against payment may not be sold by the Customer at all or only after payment. During the period in which the reservation of title is held or in which it remains in force, the customer must maintain the items provided in a proper condition and insure them against fire, water, breakage, theft and other damage.
12.3. In the event of the initiation of compulsory enforcement measures or other third party access to the goods or items subject to retention of title or owned by Brasserie 28 GmbH that impairs the rights of Brasserie 28 GmbH, the Customer shall immediately notify Brasserie 28 GmbH thereof, inform third parties of Brasserie 28 GmbH’s ownership and keep the goods or items in separate safekeeping. In case of omission of this notification, the customer shall be liable to Brasserie 28 GmbH for any damage incurred in this context.
12.4. In the event of non-fulfilment of outstanding liabilities or in the event of the occurrence of an agreed deadline loss, Brasserie 28 GmbH shall be entitled to collect the items subject to retention of title without a court decision and to sell them elsewhere and to satisfy itself from the proceeds, whereby the expenses thus incurred by Brasserie 28 GmbH shall be offset against the claim at the expense of the customer.
- Place of performance and jurisdiction:
13.1. The place of performance for all obligations of both contracting parties is the registered office of Brasserie 28 GmbH in Vienna. In the event of disputes arising from any agreements concluded, the exclusive place of jurisdiction shall be Vienna.
13.2. If the customer is a consumer, this place of jurisdiction shall only be deemed agreed if the customer has his domicile, habitual residence or place of employment in this judicial district or if the customer lives abroad.
14.1. Austrian law shall apply exclusively to all contractual relationships between Brasserie 28 GmbH and the customer. However, this applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is hereby excluded.
14.2. Brasserie 28 GmbH is entitled to change these General Terms and Conditions at any time without giving reasons. In the event of changes to these General Terms and Conditions, the version published on our website at the time of the order shall apply.
14.3. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic effect comes as close as possible to that of the invalid provision.
In the case of legal transactions with consumers within the meaning of the Consumer Protection Act, the General Terms and Conditions of Brasserie 28 GmbH shall apply, provided that they do not contradict the applicable statutory provisions, in particular the provisions of the Consumer Protection Act (KSchG) and the Distance and Foreign Transactions Act (FAGG).
- Consumer – Right of withdrawal:
In the case of distance contracts (contracts concluded by means of distance communication) and online shopping contracts, the following applies:
According to § 11 FAGG the consumer has the right to withdraw from contracts within 14 working days. This period for withdrawal shall begin on the day on which the consumer or a third party not acting as a carrier and designated by the consumer obtains possession of the goods. The withdrawal is not bound to any particular form; timely dispatch is sufficient to meet the deadline. The goods must be returned by the consumer within 14 days from the date of his declaration of withdrawal, properly packaged and accompanied by the original invoice. The consumer shall bear the costs of the return shipment when exercising the right of withdrawal. The consumer must pay us compensation for a reduction in the market value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
According to § 18 FAGG, the following goods, among others, are excluded from a consumer’s statutory right of withdrawal:
- Goods that can spoil quickly or whose expiration date would be quickly exceeded,
- Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery.
It is therefore pointed out that there is no right of withdrawal for considerable parts of our range of goods.
The customer expressly agrees to the storage and processing of data related to the order such as name, address, creditworthiness of the customer as well as prices and conditions in accordance with the Data Protection Act. In order to process the purchase contract, Brasserie 28 GmbH is also entitled to pass on this data to third parties and, in the event of legal disputes or non-fulfilment of obligations, to its lawyer or to a debt collection agency.
- Legal information requirements
18.1. Brasserie 28 GmbH
18.2. Währinger Strasse 2-4/1/48; A-1090 Vienna
18.3. Contact: email@example.com
18.4. Company register number: FN 527285w at the Vienna Commercial Court
18.5. UID number: ATU75155458