Terms of Service

General terms and conditions
XOCOLAT, Schokoladen-Kontor, Freyung 2, 1010 Vienna

1.1 These general terms and conditions apply to the sale and delivery of goods by XOCOLAT, Schokoladen-Kontor, Freyung 2, 1010 Vienna

< p> 1.2 Deviating conditions of the buyer are only valid if XOCOLAT agrees to them in writing and manufactured by the company.

1.3 By placing an order, the buyer declares himself with these general terms Agree and agree to the terms and conditions.

2.1 The prices apply ex warehouse XOCOLAT without deduction. Shipping costs are shown in the web shop or must be agreed separately.

2.2 Unless otherwise expressly stated in individual cases, the prices quoted are always subject to change. The prices are non-binding for repeat orders.

2.3 The prices are based on the costs at the time of the first price offer. Should the cost be up to the time of delivery

3.2 XOCOLAT retains ownership of all goods until full payment of the purchase price including ancillary fees.

3.3 Is the Buyers who are late with the payment, XOCOLAT can postpone the fulfillment of their own obligations until the arrears of payments have been effected, take a reasonable extension of the delivery period, call the entire or still open purchase price due immediately (loss of date); this also applies if an installment payment has been agreed with the consumer, provided that XOCOLAT has already performed its services, at least one back payment by the consumer has been due for at least 6 weeks and the consumer unsuccessfully threatening to lose the deadline and setting a grace period of at least 2 weeks has warned to charge default interest of 6% above the base rate of the Austrian National Bank, at least 10% per year, plus sales tax and, if a reasonable grace period is not observed, withdraw from the contract and the buyer incurs the reminder and collection expenses insofar as they are necessary for the appropriate legal action, desire, whereby the buyer undertakes in particular to replace the remuneration of the inserted collection agency, which results from the VO of the BMWA on the maximum rates of the collection agency. change, XOCOLAT is entitled to adjust the prices accordingly.

3.1 When ordering via the online shop www.xocoalt.at, the purchase price is due when the goods are ordered. For other purchases outside of XOCOLAT's premises, the purchase price is due at the latest when the goods are delivered. Justified complaints do not entitle the buyer to claim back the entire amount, but only

an appropriate part of the invoice amount. In addition, any further damage, especially the damage that arises from the fact that due to non-payment, correspondingly higher interest on any loan costs on the part of XOCOLAT is to be compensated, regardless of the fault of late payment.

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3.4 When paying with vouchers, any remaining amounts will not be issued. The redemption period for goods vouchers / shopping vouchers etc. is based on the date stated on the goods vouchers / shopping vouchers etc.

3.5 Discounts, discounts and special offers are only for the acceptance of normal household quantities applicable and are only granted to a limited extent after written agreement.

3.6 In the event of delay in payment of invoices up to an amount of EUR 250.00, a reminder letter will be sent to the buyer to pay the outstanding purchase price and a processing fee of 10% of the purchase price, but at least EUR 7.00. If the buyer does not pay this amount by the deadline specified in the reminder letter, XOCOLAT is entitled to bring a reminder action immediately.

3.7 For business with consumers within the meaning of the Consumer Protection Act, point 3.4 and point 3.5 last bullet point do not apply.

4.1 For self-collection Use and risk of the goods by the buyer are transferred to the buyer at the latest when the goods are handed over at the cash desk.

5.1 XOCOLAT is ready until further notice to purchase goods purchased from him against reimbursement of the full purchase price under the following conditions: The return must be in original packaging, undamaged and on presentation of the original invoice within 10 days of the invoice date. Labeled special offers will only be taken back in the total amount purchased. The return takes place at the time of the original purchase valid price. The purchase price will be reimbursed in the form of a credit note.

5.2 If the buyer is a consumer within the meaning of the Consumer Protection Act and has his order by post, telephone, fax, e-mail or given via the internet online shop, he can withdraw from the purchase contract in writing or by returning the goods within seven days of delivery in accordance with §§ 5e - 5h Consumer Protection Act and in deviation from point 5.1. The resignation does not require a reason, but only has to be sent on time. The buyer will be refunded the purchase price already paid against returning the goods, but must bear the costs of the return.

6.1 In the case of divisible services, the customer has no right of withdrawal with regard to deliverable parts, insofar Parts of the service can be fulfilled and used by the buyer. Under the same conditions, or if the remaining parts can be delivered in time, the customer is not entitled to refuse to accept partial deliveries.

6.2 Changes or cancellations of orders by the buyer must always be in writing. XOCOLAT reserves the right to accept declarations in a different form, but these will only become effective with the written confirmation by XOCOLAT.

7.1 Warranty claims require that defects are immediately reported to XOCOLAT , recognizable defects immediately upon acceptance, hidden defects after discovery, and with presentation of the opened goods and original invoice. This clause does not apply to transactions with consumers.

7.2 A warranty claim is in any case limited to the invoice value of the delivered and defective goods.

7.3 XOCOLAT fulfills your requirements Warranty obligations of your choice either by delivery of defect-free goods, improvement, subsequent delivery of shortages or reversal of the contract (ie repayment of the purchase price) within a reasonable period. This clause does not apply to transactions with consumers.

7.4 Neither commercial nor minor, technically related deviations in quality, quantity, color, size, weight, equipment or design constitute any Warranty defects still represent non-fulfillment of the contract.

7.5 XOCOLAT is not liable for the taste, color, material or other characteristics of the reordered goods. The same applies to goods ordered according to samples, provided that the deviation is within the customary and technical limits.

7.6 After tasting, consumption or started processing or processing the goods, every warranty is valid locked out. This clause does not apply to transactions with consumers. 7.7 The warranty period is 1 year from the time of transfer of risk in accordance with point 4.

7.8 For business with consumers within the meaning of the Consumer Protection Act, the customer applies instead of points 7.1 to 7.4 in the event of a defect, it can demand improvement, replacement of the item, reasonable price reduction or change.

8.1 XOCOLAT is only liable for damage in the event of intent or gross negligence, with the exception of damage to the person.

8.2 Liability is limited within the scope of the legal regulations with 10% of the value of the goods. The replacement of (defect) consequential damage, other property damage, pecuniary damage and damage resulting from third party claims against the buyer is excluded.

8.3 For transactions with consumers within the meaning of the Consumer Protection Act, point 8.2 applies not.

9.1 Goods ordered or picked from XOCOLAT must be collected within 14 days of notification or picking. A possible longer storage period up to a maximum of 4 weeks must be agreed and recorded in writing on the order or the invoice.

9.2 If the goods are not picked up or not accepted within this period, XOCOLAT has the right to either store the goods at the risk of the buyer, taking into account a storage fee of 5% of the invoice amount per month started plus sales tax, and to insist on fulfillment of the contract or but after setting a grace period of 2 weeks to withdraw from the contract and resell the goods to another customer, in which case the buyer has to pay an immediate manipulation fee of 10% of the purchase price plus sales tax.

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10.1 If individual If provisions of the contract or these general terms and conditions are invalid, this does not result in the entire contract being invalid. The rest of the contract remains unchanged.

10.2 The place of performance of this contract is Vienna for both XOCOLAT and the buyer.

10.3 The competent court in Vienna is solely responsible for deciding all disputes arising in connection with the contract.

10.4 The contract is subject to Austrian law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

10.5 Point 15.3 does not apply to transactions with consumers within the meaning of the Consumer Protection Act. Point 15.4 applies with the restriction that under the conditions of Art 5 of the European Treaty Statute, special consumer protection provisions of the law of the state in which the buyer is habitually resident can override Austrian law.

Vienna, September 2016



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