Conditions of use
Conditions of Use
§ 1 Scope of validity
The general terms and conditions version valid at the time of order placement applies exclusively to the business relationship between “Kochen & Kunst Shop” and the customer. “Kochen & Kunst Shop” does not accept the validity of any deviating customer conditions unless “Kochen & Kunst Shop” has agreed to the validity of these in writing.
§ 2 Conclusion of contract and withdrawal
„Kochen & Kunst Shop“hereby undertakes to accept the order of the customer to the conditions of the web site. In the event of spelling, printing and calculating errors on the web site „Kochen & Kunst Shop“ is entitled to withdraw from the agreement.
Should the supplier of „Kochen & Kunst Shop“, in spite of contractual obligations, not deliver the ordered goods to „Kochen & Kunst Shop“, „Kochen & Kunst Shop“, is also entitled to withdraw from the agreement. In this case the customer will be informed immediately that the ordered product is not available. The paid purchasing price will be reimbursed immediately.
§ 3 Delivery
If no other terms have been specified the goods will be delivered ex warehouse to the delivery address stated by the customer. Stated delivery times are not binding, unless a binding delivery date has been given in writing in exceptional cases.
Special attention to shipments outside the European community: Costs for customs duty or tax may arise, these are the sole responsibility of the customer.
§ 4 Offsetting, retention
The customer is only entitled to offset arrears if his counterclaim has been legally established or recognized by „Kochen & Kunst Shop”. In addition he is only entitled to assert the right of retention if the counter- claim is based on the same contractual relationship.
§ 5 Retention of title
The delivered goods remain the property of „Kochen & Kunst Shop” until the payment due from the customer has been made in full.
§ 6 Warranty for defects and liability
If the purchased goods have any fault for which „Kochen & Kunst Shop” is responsible, the customer can opt for either reparation of the defect or replacement delivery.
If „Kochen & Kunst Shop” due to disproportion, is not prepared or in a position to remedy the defect or replace the faulty goods or if this is delayed for unreasonable periods for which „Kochen & Kunst Shop” is responsible, or if the remedy of defect or replacement fails in any other way, the customer is entitled as desired to either withdraw from the contract, demand a corresponding reduction in price or claim his purchasing price to be refunded to him with immediate effect.
Should nothing to the contrary be included in the following, any other claims of the customer – irrespective of the legal basis—are excluded. „Kochen & Kunst Shop“ therefore does not accept liability for damages which have not occurred on the delivered product itself. In particular „Kochen & Kunst Shop“ does not accept any liability for lost profit or other financial loss of the customer. If the liability of „Kochen & Kunst Shop“ is excluded or restricted, this also applies to the personal liability of employees, representatives or agents.
This previous restriction on liability does not apply if the cause of the damage is due to intent or gross negligence or if personal injury is incurred.
If „Kochen & Kunst Shop“ negligently violates a contractual obligation, the replacement obligation for material damage is limited to the damage which typically occurs.
§ 7 Data Protection
We store personal data for order handling purposes. These data are not passed on to third parties. Kochen & Kunst is, however, entitled to use these address data for promotional purposes for its own company.
§ 8 Court of jurisdiction and applicable law
Place of performance and court of jurisdiction for all rights and obligations of both parties arising from an order is Salzburg, Austria.