General terms and conditions of Bentele Genuss GmbH for the private delivery of specialties from the Bregenzerwald (as of 2016)
For the business relationship between the Bentele Genuss GmbH (division private shipping), hereinafter referred to as Bentele Genuss GmbH, and the purchaser, the following terms and conditions apply in their version valid at the time of the order. Bentele Genuss GmbH does not recognize deviating conditions of the customer, unless Bentele Genuss GmbH has expressly agreed to their validity in writing.
2. Order and conclusion of contract
Bentele Genuss GmbH only concludes contracts with persons of legal age for reasons of youth protection. If it turns out that the buyer is not yet of legal age, then Bentele Genuss GmbH is entitled to resign.
Bentele Genuss GmbH undertakes to accept the orderer's order on the terms of the website. Bentele Genuss GmbH is entitled to withdraw from any written, printed or calculated errors on the website. All offers are non-binding.
3. Product selection
Some of our products are approximate weight specifications with the usual tolerances. We reserve the right to change packaging and equipment in order to improve the assortment.
The prices quoted by Bentele Genuss GmbH (shop operator) in its online shop are final prices and include the currently valid VAT in Austria of 20% (or 10%).
5. Shipping / delivery
Unless otherwise agreed, the delivery shall be made from Bentele Genuss GmbH Bregenzerwald to the delivery address specified by the customer.
We always endeavor to make a delivery according to the order. However, if for reasons for which the customer is not responsible, a complete delivery may not be possible, the delivery of the subsequent delivery from this order will be free of charge.
6. Delivery times
Our delivery times are about 3-5 working days. Information about the delivery period is not binding, unless exceptionally the delivery date has been confirmed.
7. Transport damage
Should a package be damaged during the transport by the parcel services, please refuse the acceptance and have it repatriated by the parcel service. We will resend the ordered items promptly. Complaints due to obvious defects can only be acknowledged if they are recorded on the transport document upon receipt of the goods.
8. Right of return
Within a period of 2 weeks, the purchase contract can be reversed. Decisive for the observance of this period is the sending of the revocation. It is not necessary to state reasons. The goods must be in perfect condition, in the original packaging and can be returned to us.
With a return the customer carries the forwarding expenses. The purchase contract is thereby dissolved and Bentele Genuss GmbH immediately refunds the purchase price for payment already made to you.
The buyer has to bear the costs of an impairment, if this is not exclusively due to the examination of the ordered goods. It is not possible to return goods which, due to their nature, are not suitable for return or can spoil quickly or whose expiry date has been exceeded.
9. Retention of title
Until the complete settlement of all claims existing against the customer, the delivered goods remain the property of Bentele Genuss GmbH.
10. Due date and payment, default
The purchase price becomes due with acceptance of the order (see point 2 of the AGB) by Bentele Genuss GmbH. Acceptance is by declaration in writing by e-mail at the order confirmation or by delivery of the goods.
Your personal data required for the transaction will be stored in our IT and treated confidentially. You are cautioned that we will collect, store, process and use the data received in connection with the contractual relationship to the extent necessary for proper order processing. You can have your data corrected and deleted at any time. Please inform us via e-mail firstname.lastname@example.org.
12. Cancellation policy
You can cancel your contract within two weeks without giving reasons in writing (for example letter, fax, e-mail) or by returning the goods. The period begins at the earliest with receipt of this instruction. To maintain the cancellation period, the timely dispatch of the revocation or the thing is sufficient.
Bentele Genuss GmbH, Nannen 1133, 6861 Alberschwende, Austria, E-Mail: email@example.com
consequences of Withdrawal
In the case of an effective cancellation, the services received on both sides must be returned and any use made must be surrendered. If you can not give us back the service received in whole or in part or only in a deteriorated condition, you may have to pay us compensation. With the release of things this does not apply if the deterioration of the goods is due solely to their examination - as they would have been possible in a shop, for example. Incidentally, you can avoid the obligation to pay compensation by not using the item as your property and refraining from anything that affects its value. Transportable items are to be sent back.
You have to bear the cost of returning. Obligations for the reimbursement of payments must be fulfilled within 30 days after dispatch of their revocation declaration.
13. Applicable law and jurisdiction
As far as permissible (for example, among merchants), the place of jurisdiction for all legal disputes between Bentele Genuss GmbH and the buyer is the court in Bezau (the commercial register is Feldkirch / place of jurisdiction is Bezau). The purchase contract is governed exclusively by Austrian law excluding the UN sales law.
14. Final provision
Should one or more regulations of these terms and conditions be ineffective, this does not entail the ineffectiveness of the entire contract. The ineffective regulation is supplemented by the pertinent statutory regulation. This contract is governed exclusively by Austrian law excluding the UN Sales Convention.