Conditions of Use
1. Scope of application of the GTC
1.1. The Original Sacher-Torten Manufaktur GesmbH, Philharmonikerstrasse 4, 1010 Vienna, FN 319070 x, (“Hotel Sacher” for short) operates a web shop (“web shop” for short), using the domain www.shop.sacher, for which these General Terms and Conditions (GTC) apply.
1.2. For the submission of orders (more on this in point 3) and for all legal transactions concluded in connection with the web shop, these general terms and conditions ("GTC" for short) apply exclusively. By submitting the order in the web shop, the customer expressly declares that these terms and conditions will become part of the contract for the respective legal transaction.
1.3. Even with repeated orders, these terms and conditions do not become a permanent part of the contract between the customer and Hotel Sacher; in particular, Hotel Sacher can change or modify the terms and conditions at any time.
1.4. Hotel Sacher hereby expressly disagrees with any other terms and conditions of the customers. Deviating terms and conditions of the customers only apply if Hotel Sacher agrees to their validity in writing.
2. Requirements for the customers
2.1. Orders can only be placed after prior registration (i.e. provision of the required data) and placement of orders is reserved exclusively for persons who have already completed 18 years of age.
2.2. Hotel Sacher uses technical precautions – in particular with alcoholic beverages – that exclude orders from younger persons. For technical reasons, Hotel Sacher cannot completely rule out the possibility that younger persons could register or place an order. By registering or placing an order, the customer confirms that he/she has reached the required minimum age and that the registration and order data are correct and complete.
3. Conclusion of contract
3.1. The presentation of products in the web shop is not a binding offer by Hotel Sacher. Rather, they represent a non-binding product range (i.e. the goods that are generally sold by Hotel Sacher). In particular, due to the limitation of the products offered based on the web shop type, these are usually limited to a certain number. The currently available number of products that can be purchased can generally be seen in the web shop. However, Hotel Sacher expressly reserves the right to make corrections to the stock of goods available in the web shop and cannot rule out the fact that the specified availabilities may not be displayed correctly, in particular due to technical reasons.
3.2. Through the customer’s order “order subject to payment” or “order requires payment”, the customer sends a binding offer to Hotel Sacher for the products he/she has selected and which are subsequently shown in the order form.
3.3. Hotel Sacher is legally obliged to electronically confirm receipt of this contractual declaration (i.e. the order) immediately. The is carried out by an automated confirmation email that the order has been received. This confirmation email is not a declaration of acceptance.
3.4. Hotel Sacher is not obliged to accept the customer's offer. If Hotel Sacher rejects the customer's offer, Hotel Sacher will inform the customer of this without undue delay.
3.5. Hotel Sacher can either accept the offer by means of a separate declaration of acceptance (e.g. via email) or by actually delivering the ordered products. In the latter case, Hotel Sacher will send the customer information (e.g. via email) about the delivery.
4. Prices
4.1. Only the prices shown in the web shop at the time of the order apply to orders.
4.2. The prices are gross prices (i.e. including sales tax and all other taxes and surcharges). Any delivery costs are not included in the prices shown (see point 6).
4.3. Despite all the care taken by Hotel Sacher, it cannot be completely ruled out that erroneously incorrect prices (e.g. due to input errors) may be displayed for individual products in the web shop. If the customer has already placed an order, Hotel Sacher will inform him/her of the actual price and the customer can then confirm his/her offer at the actual price or declare that he/she is no longer interested in the order.
5. Payment
5.1. The total price (i.e. purchase price plus any delivery costs) is due upon conclusion of the contract (more information about this can be found in point 3) and can be paid by the customer by credit card, immediate bank transfer, PayPal and PayPal Express.
More detailed information on the respective terms of payment and any costs charged by the payment service providers can be found at https://shop.sacher.com/en/zahlungsarten-2 and will be presented to the customer in detail before the order is placed.
5.2. In the event of a default in payment by the customer, the customer is obliged to pay default interest of 6% p.a.
5.3. Payments are first offset against any costs incurred, then interest and ultimately against the capital.
5.4. The delivered goods remain the property of Hotel Sacher until they have been paid for in full (retention of ownership).
5.5. By placing the order, the customer agrees that Hotel Sacher will issue invoices in an electronic format and send them to the customer (so-called "electronic invoice" within the meaning of Section 11 (2) of the Value Added Tax Law [Umsatzsteuergesetz, UStG]). The customer agrees that the invoice will not by sent by postal mail (i.e. a paper invoice) and consents to the electronic invoice being sent by email.
6. Delivery and shipping costs
6.1. Hotel Sacher endeavors to deliver the products after the conclusion of the contract (more on this in point 3) without unnecessary delay. However, depending on the product ordered, delivery may take some time. Unless otherwise agreed on with the customer or Hotel Sacher does not communicate a different delivery period before the conclusion of the contract, Hotel Sacher will deliver the ordered product to the customer.
6.2. Delivery is made to the delivery address specified by the customer in the order. The customer is obligated to immediately communicate any changes in his/her contact details (in particular, his/her address and email address), as long as a contractual legal transaction has not been fulfilled by both parties. Up to this point in time, Hotel Sacher can send legally relevant declarations using the contact details originally provided by the customer.
6.3. Depending on the customer’s delivery address, delivery is carried out by various shipping service providers, who are given the customer’s email address and telephone number in addition to the delivery address in order to provide the delivery service. More information on the respective delivery conditions and costs can be found at https://shop.sacher.com/en/shipping-info and will be presented to the customer in detail before the order is placed.
6.4. Hotel Sacher is entitled to make partial deliveries when several products are ordered or with a product consisting of several parts.
6.5. If delivery to the customer is not possible because the customer cannot be found at the specified delivery address or because the delivery address was not specified correctly, the customer bears the costs for the unsuccessful attempt at delivery and the costs incurred by Hotel Sacher for this return.
6.6. Hotel Sacher retains ownership of the products even after delivery to the customer until the delivered products have been paid for in full.
6.7. All customs fees, duties and delivery charges must be borne by the customer and are stipulated to him/her either in the context of the order or in the context of the delivery.
7. Withdrawal from the contract (This right of withdrawal only applies to consumers!)
7.1. If the customer is a consumer (within the meaning of the Consumer Protection Act), he/she has the right to withdraw from the contract concluded with Original Sacher-Torten Manufaktur GesmbH ("Hotel Sacher") via the web shop, within fourteen days for orders that fall under the Act on Distance Contracts and Off-Premises Contracts [Fern- und Auswärtsgeschäfte-Gesetz, FAGG] and only if this does not involve a first made to measure or perishable product, without providing reasons.
7.2. The withdrawal period is fourteen days and starts:
· in the case of a sales contract, on the day on which the customer or a third party named by the customer (this does not include the carrier) takes possession of the product;
· if the customer has ordered several products as part of a single order, which will be delivered separately, on the day on which the customer or a third party named by the customer (this does not include the carrier) takes possession of the last product;
· in the case of delivery of goods in several partial shipments, on the day on which the customer or a third party named by the customer (this does not include the carrier) takes possession of the last partial shipment or the last item;
7.3. The customer can exercise his/her right of withdrawal by means of a clear declaration in which Hotel Sacher is informed of the decision to withdraw from the contract.
This can be done:
· by postal mail: Original Sacher-Torten Manufaktur GesmbH, Philharmonikerstrasse 4, 1010 Vienna
· via email: torte@sacher.com
or for this purpose, the Customer may use the Hotel Sacher cancellation form prepared for printing at https://shop.sacher.com
7.4. To meet the deadline for withdrawal, it is sufficient for the customer to send the declaration that he/she is exercising his/her right of withdrawal before the deadline has expired (see point 7.2.).
7.5. If the customer withdraws from the contract, Hotel Sacher will immediately reimburse him/her for the payments already made no later than 14 days after receipt of the declaration of withdrawal.
This reimbursement includes the gross price paid by the customer for the product, including the delivery costs for transporting the product to the customer. Any additional costs resulting from the fact that the customer chose a different type of delivery than the cheapest standard delivery offered by Hotel Sacher (e.g. express delivery) will not be reimbursed.
Hotel Sacher can refuse the reimbursement until Hotel Sacher has received the product back or until the customer provides evidence that he/she has sent the product back (whichever is earlier).
7.6. If the customer withdraws from the contract, he/she is obliged to return the received product to Hotel Sacher immediately, but no later than 14 days after submitting the declaration of withdrawal (unless Hotel Sacher has offered the customer in writing that it will collect the goods itself). This retention period is met if the product is shipped by the deadline.
7.7. The direct costs for returning the product must be borne by the customer.
7.8. The customer must compensate Hotel Sacher for any loss of value if this is due to handling that is not necessary to check the quality, properties and functionality of the product. This is especially the case when drinks (in whatever type of packaging, e.g. cans, bottles, six-packs, etc.) are opened.
8. Exceptions to the right of withdrawal
8.1. The right of withdrawal described in point 7 also applies to customers that are consumers, not for:
· goods that are manufactured according to customer specifications or are clearly tailored to personal needs,
· good that can spoil quickly or whose use-by date would be exceeded quickly,
· newspapers, magazines or illustrated magazines, with the exception of subscription contracts for the delivery of such publications,
· audio or video recordings or computer software (such as CDs, DVDs, CD-ROMs) that are delivered in sealed packages and the seal has been removed by the customer.
If the right of withdrawal does not exist, Hotel Sacher will explicitly inform the customer of the non-existence prior to the conclusion of the contract.
9. Guarantee
9.1. The images of the products offered via the web shop are purely symbolic and color deviations in particular cannot be ruled out due to different browser displays.
9.2. Hotel Sacher assumes no liability for the correctness of the dimensions given by the customer.
9.3. Hotel Sacher guarantees, according to the legal requirements, that the products do not show any defects at the time of handover, i.e. Hotel Sacher is liable for the products having the requested or usually required properties, they correspond to the description, and they correspond to the nature of the business or can be used based on the agreement made.
9.4. Guarantee claims for products that can be purchased via the web shop expire two years after delivery.
If the defect emerges within six months of delivery, it is assumed that the defect already existed at the time of delivery. After six months, the customer must prove that the defect was present at the time of delivery, at least on its merits.
9.5. If there is a defect, the customer can initially choose between improving or adding what is missing and the replacement of the item. Hotel Sacher will take care of this within a reasonable period of time and with the least possible inconvenience for the customer. If the improvement or replacement is impossible or would be associated with a disproportionately high effort for Hotel Sacher compared to the other remedy (depending on the value of the defect-free item, the severity of the defect and the inconvenience associated with the other remedy for the customer), the customer has the right to a price reduction or conversion (i.e. cancellation of the contract). However, there is only a right to conversion if it is not a minor defect.
9.6. If the customer is an entrepreneur within the meaning of the Commercial Code [Unternehmensgesetzbuch, UGB], in accordance with Section 377 UGB, he/she must, provide notification, within a reasonable period, regarding defects in the products that he/she has discovered or should have discovered in the normal course of business after delivery. Otherwise, the consequences of §§ 377 et seqq. UGB apply.
10. Liability for damage
Hotel Sacher is only liable for damages in connection with the performance of the contract if Hotel Sacher or persons attributable to Hotel Sacher (i.e. assistants) act with intent or gross negligence. This exclusion of liability for slight negligence does not apply to personal injury (i.e. Hotel Sacher is liable for this even in the case of slight negligence).
11. Declaration on the use of data – Data Protection Declaration
11.1. Hotel Sacher needs some personal data for correspondence with the customer and for the smooth fulfillment and processing of the contract (i.e. for registration, processing of orders, delivery of products, processing of payments, checking of claims that are asserted against Hotel Sacher after the contract has been fulfilled, etc.). The protection of this data and the personal rights of customers are very important to Hotel Sacher. Therefore, Hotel Sacher adheres to the latest security standards in order to guarantee the protection of data and only uses (i.e. processes or transfers) the data in the context of the statutory provisions. The data used will be treated as strictly confidential. By placing the order, the customer acknowledges and approves the Data Protection Declaration of Hotel Sacher available: https://www.sacher.com/en/privacy-policy/
11.2. When registering, which is required to place an order (see point 2), the title, salutation (i.e. gender), name, address (i.e. delivery or billing address), date of birth and email address are requested and saved by Hotel Sacher. In addition, the customer can also voluntarily provide his/her telephone number, which is then also saved.
In the course of the order, information about the products ordered and payment information (i.e. credit card information, account details or other payment details) are also stored.
11.3. Hotel Sacher uses these personal data for the following purposes:
· to check the requirements for registration or ordering in the web shop (in particular fulfillment of the age requirement);
· for correspondence with the customer in connection with the order and execution of the contract. For this purpose, the customer’s address data are also passed on to selected logistics partners;
· to send electronic information material about the product range (such as offers and new items), as well as about events or supported events, sweepstakes and invitations or about our home delivery, etc. by email, text or fax, as well as via personal or telephone contact (however, all of this only applies if the customer has consented to these advertising measures);
· internal division into categories (e.g. female/male and age groups) in order to be able to send customized information (by postal mail or electronically) or for customized (promotional) gifts (however, only if the customer has consented to the sending of electronic information material). For this purpose, the salutation (i.e. gender) and date of birth are also processed;
· use of data from any purchases in order to anonymize them (i.e. remove any personal reference) and to use the anonymized record for a period of 2 years for the further development and optimization of offers and products as well as for the purposes of our own market research;
11.4. This use of personal data can be revoked at any time insofar as it is legally permissible. Revocations can be done as follows:
· by postal mail: Original Sacher-Torten Manufaktur GesmbH, Philharmonikerstrasse 4, 1010 Vienna
· by email: torte@sacher.com
12. Contract language, applicable law, place of jurisdiction
12.1. The contract, order and business language is exclusively German. Should Hotel Sacher communicate with the customer in another language, this will only be done in an accommodating manner and for reasons of information. However, only the German text is legally binding; this applies in particular if the text translated into another language gives rise to other possibilities for interpretation.
12.2. Only Austrian law applies to the legal transaction concluded via the web shop between Hotel Sacher and the customer, excluding the UN sales law and the conflict of law rules.
12.3. If the customer is an entrepreneur within the meaning of the Commercial Code, the competent court for 1010 Vienna is exclusively responsible for lawsuits against Hotel Sacher. Hotel Sacher is still entitled to sue the customer (i.e. entrepreneur within the meaning of the UGB) at his/her general place of jurisdiction or another place of choice.
As of: July 2021