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Versandkosten

Der Versand der Produkte findet immer erst am darauffolgenden Werktag (d.h. nicht an einem Samstag oder Sonntag) statt. Die jeweilige Lieferzeit entnehmen Sie bitte der folgenden Aufstellung (DHL):

    

Europa, EU-Länder: max. 4 Werktage (Montag - Freitag)
Europa, Nicht EU-Länder: max. 5 Werktage (Montag - Freitag)
      

Rest der Welt :
          

max. 7 Werktage (Montag - Freitag)

Wenn der Versand zu einem späteren Zeitpunkt erfolgen soll, würden wir Sie ersuchen, uns dies im Feld "Anmerkungen" der Tortenbestellung bekannt zu geben. Wir können Ihnen versichern, dass die Lieferung nicht nach diesem gewünschten Termin erfolgen wird, bitten aber vielmals um Verständnis, dass wir keinen bestimmten Tag als Ausliefertag garantieren können.

Manche Länder können nur mit Flugpost beliefert werden! In diesem Fall kann die Lieferung bis zu 14 Tage dauern. Wir bitten um Ihr Verständnis, dass wir bei dieser Versandart keine Garantie dafür übernehmen können, ob die Ware ausgeliefert wird bzw. in welchem Zustand sie eintrifft.

Im Inland werden die Produkte mit EMS versendet, der Versand erfolgt am darauffolgenden Werktag und dauert max. 1 - 2 Werktage.

Conditions of Use

For the time being, our general terms and conditions are available in German only. We apologise for any inconvenience; a translation will soon be published here.

1. Scope

a) These General Terms and Conditions of Sale and Delivery shall be applicable to all deliveries of goods by Sacher Hotels Betriebsgesellschaft m.b.H. (“Hotel Sacher”) made on the basis of distance selling orders. On placing an order and at the latest on receipt of the goods Customer shall be deemed to have acknowledged these General Terms and Conditions of Sale and Delivery.

b) Amendments or subsidiary agreements shall be valid only if confirmed by persons in our company listed in the Register of Companies as being authorised to represent the company and shall apply only to a specific transaction. Our other employees shall not be authorised to agree amendments or make subsidiary agreements to these General Terms and Conditions of Sale and Delivery.

b) Customer’s Terms of Contract are expressly and fully declined.

c) In the event that individual provisions of these General Terms and Conditions of Sale and Delivery are invalid, the other provisions and the contracts entered into on the basis of them shall remain in force. The parties agree to replace the invalid provision by a valid one that most closely approximates the meaning and purpose of the invalid provision.


2. Conclusion of contract

a) Our offers are non-binding in their entirety. The order by Customer shall be interpreted as an offer as defined by law, to which Customer shall be bound for three weeks. The contract shall come into effect only through our order confirmation, delivery or performance. A separate notification of acceptance to Customer shall not be necessary.

b) We shall also be entitled to part orders.

c) An order shall be possible only if all required fields (those marked with an asterisk) have been completed. Before sending the order, Customer shall receive a summary of the contents of the order including prices, which can still be corrected or confirmed. The receipt of the order by us will be confirmed by an email sent automatically, which may not yet be interpreted as acceptance of the order. Notifications will be accepted only during normal business hours (Monday to Friday from 9 am to 4 pm, except on public holidays in Austria). Notifications received by our server outside these hours shall be deemed to have been received on the following workday (Monday - Friday).

d) Customer is aware that the Internet is not a safe medium of communication and that data sent via the Internet may become known and altered by third parties. Customer shall bear any risk that data are not received by us or do not arrive in the form in which they were sent by it. We shall assume that the data were sent by Customer in the form received by us.


3. Prices

a) Our prices are to be understood inclusive of statutory Austrian value added tax but exclusive of delivery charges and additional services, unless other delivery terms are stated in the price list as most recently amended. For deliveries outside Austria export and import duties as applicable shall also be due.

b) For our deliveries we shall charge an additional flat rate for packing and dispatch (“delivery charges”), the precise amount of which shall depend on the product ordered and the delivery destination. A list of delivery charges may be requested here.
4. Delivery and delivery period

a) Dispatch by EMS (in Austria) and DHL (outside Austria) shall be made at Customer’s risk and expense to the delivery address specified by it in the order.

b) Notified delivery dates shall be non-binding. Non-compliance with delivery dates shall entitle Customer to withdraw from the contract only if we fail to make delivery after the expiry of a minimum period of grace of two weeks specified in writing.

b) In the event of circumstances beyond the control of the parties, such as cases of force majeure, unforeseeable disruption of operations, action by the public authorities, delays in transportation and customs clearance, transport damage and labour disputes, the delivery date shall be extended by the duration of the hindrance.

c) Where they are possible, partial deliveries shall be legally admissible. Each partial delivery shall be regarded as a separate transaction and may be invoiced separately.


5. Warranty

a) Defects that occur shall be notified as far as possible upon delivery or when they become visible. For customers who are consumers within the meaning of the Konsumentenschutzgesetz (KSchG) [Consumer Protection Act], failure to notify defects shall not have any adverse legal consequences. Customers who are entrepreneurs within the meaning of the KSchG shall verify the goods delivered or services rendered immediately upon receipt for completeness, correctness and freedom from defects and shall notify in writing any defects immediately and within five days of receipt of the goods or performance at the latest or otherwise forfeit any claims to which they might be entitled in connection with defects identified in the course of due inspection.

b) For all deliveries, claims from defects — regardless of their legal basis (in particular warranty, damages, special right of recourse) — shall become statute-barred after the legal warranty period of two years from the date of delivery or performance has expired. For consumers this expiry period regarding warranty of title shall commence only after the defect becomes recognisable.

c) In the event of defects in quality, Customer may choose between rectification or replacement. Only if these two options are not available shall Customer be entitled to demand a reasonable reduction in the purchase price or cancellation of sale pursuant to law. Defects shall be rectified by us free of charges and costs, but we may demand that Customer sends the goods to us, where feasible, at our risk and expense. Customer shall allow us the possibility to rectify the defect.


6. Damages

We shall accept no liability for damage regardless of the legal basis, in particular on account of delay, impossibility of performance, positive violation of contractual duty, culpa in contrahendo, consequential harm as a result of a defect, defects or tortious acts, that is caused as a result of ordinary negligence by us or by persons for whom we are liable. Customers who are entrepreneurs within the meaning of the KSchG shall have the burden of proof of gross negligence or intent. In the case of contracts with consumers, this exemption from liability shall not apply to personal injury or damage to property taken over for handling or processing.


7. Terms of payment

a) Our invoices shall be payable immediately before the start of the delivery period with one of the following credit cards:

American Express, MasterCard, Visa

The credit card indicated will be debited immediately after the order has been dispatched. The credit card data will not be stored in any form.

b) In the event of delay in payment, we shall charge default interest of 6 per cent above the applicable base rate of the European Central Bank.

c) In the event of default in payment or other performance by Customer, we shall be entitled, without prejudice to any other rights, until the agreed counterperformance has been rendered, to withhold the deliveries, without interruption to the delivery period, or to withdraw from the contract after expiry of a reasonable period of grace and to claim compensation for non-performance. In this case Customer shall return the delivered articles to us immediately and at its expense. We reserve the right to assert claims for compensation for decrease in value, wear, reimbursement of our own transport costs and other claims and shall be entitled, on withdrawal from the contract, to demand or retain 20 per cent of the price as minimum contractual penalty.

d) In the event of a violation of its contractual obligations, Customer agrees to reimburse us for all costs incurred in due pursuit of our claims. Customer shall pay a fee of 5 euros for every dunning letter and 25 euros for keeping records of the debt as part of the collection procedure. In addition, debt collection agency costs up to the maximum rates specified in the Austrian Regulation on Maximum Collection Fees as most recently amended and legal fees as specified in the Austrian Legal Fees Act shall be reimbursed by Customer.

e) Customer may offset claims only in the event of insolvency by us or related, undisputed or enforceable claims. Entrepreneurs within the meaning of the KSchG may assert a right of retention only in respect of such claims.


8. Retention of title

We shall retain full und unrestricted title to the delivered articles until payment in full of the price including extra charges. Until then such articles shall be deemed to be property committed to the care of Customer that may be neither sold, pledged as security, donated nor lent. Customer shall not be entitled to dispose of the articles without our prior express consent and shall bear the full risk for the goods entrusted to it in every respect, including, in particular, the risk of destruction, loss or deterioration.


9. Applicable law; place of performance; place of jurisdiction

a) The legal relationship with Customer shall be subject solely to Austrian substantive law. The UN Convention (CISG) on the International Sale of Goods shall not apply.

b) Place of payment and performance for all obligations arising from this contract shall be Vienna.

c) Place of jurisdiction for all disputes arising directly or indirectly from this contract shall be the Austrian court having subject-matter competence and local jurisdiction for 1010 Vienna. If Customer is a consumer within the meaning of the KSchG, this shall be the agreed place of jurisdiction only if Customer is domiciled or habitually resident or has its place of employment in this judicial district or if Customer resides abroad. We shall also be entitled to bring an action against Customer at its place of jurisdiction.


10. Data protection

Customer agrees that data made known in the course of the order and its processing may be collected, processed, stored and used for our accounting and internal market research and marketing. The data will be used by us to comply with legal requirements, to process payment transactions and for promotion purposes.


11. Right of withdrawal pursuant to § 5e KSchG

a) Customers who are consumers within the meaning of the KSchG may withdraw from a distance selling contract or contractual commitment until expiry of the periods specified below. The time limit shall be deemed to have been observed if the withdrawal statement is sent within the period. The withdrawal period shall be seven workdays (Monday - Friday), Saturday not being counted as a workday.

In the case of contracts for the delivery of goods the withdrawal period shall commence on the day of receipt by Customer of the goods; in the case of contracts for the provision of services it shall commence on the day the contract is concluded. Should we fail to comply with our obligation to inform pursuant to § 5d paragraphs 1 and 2 KSchG, the withdrawal period shall be three months starting from the dates specified in the previous sentence. If we comply with our obligation to inform within this period, the withdrawal period as specified in the previous sentence shall commence from the date on which the information is communicated by us.

b) Customer shall not have any withdrawal right in the case of contracts for services whose contractual performance for Customer commences within seven workdays (Monday - Friday) of contract conclusion (§ 5e(2) first sentence KSchG); goods or services whose prices depend on the evolution of rates in the financial markets, over which we have no influence; goods made to Customer’s specifications, that are clearly tailored to its personal needs, that by their nature are unsuitable for return, that are easily perishable or whose sell-by date would be exceeded; audio or video recordings or software if the seal has been broken by Customer; newspapers and magazines with the exception of contracts for periodicals (§26(1) subparagraph 1 KSchG), betting and lottery services as well as home deliveries or leisure services (§ 5c(4) subparagraphs 1 and 2 KSchG).

Customer shall therefore have no right of withdrawal in the case of orders for Original Sacher-Torte or other Original Sacher Delikatessen items. Orders for Original Sacher Cuvée shall not be subject to this exclusion.

c) Should the right of withdrawal pursuant to paragraph a be exercised, we shall refund the payments made by Customer, reimburse Customer’s relevant necessary and useful expenses and restore to Customer the services received (it being agreed that the direct costs for the return shall be borne by Customer) while concurrently withholding for ourselves a reasonable fee for use, including compensation for depreciation of the fair value of the service; custody by Customer of the services shall not in itself be deemed to be a depreciation in value.


12. Miscellaneous

a) Until another address is communicated in writing, notices and declarations of intention shall be legally binding if made to the address indicated by Customer in the order. Customer shall enter the relevant data correctly and fully in the form when making the contract. In the event of incorrect, incomplete and unclear data by Customer, it shall be liable for any cost incurred by us in this connection. It shall inform us of any change in name, address or residence immediately in writing; otherwise it shall be liable for damages. In the event of non-compliance, written notices to Customer’s most recently notified address shall be deemed to have been duly served.

b) The transfer to third parties of rights arising out of the contract shall be subject to our written consent.