Caffe Casa a GmbH
Terms and Conditions as of 01.11.2010
Terms and Conditions
The company Caffe a Casa GmbH (hereinafter the Company) sells and delivers with the following conditions. Verbal agreements are invalid. Statements and commitments are binding only after written confirmation of the company. The terms of the company also apply to future orders of the customers, even if they are not expressly agreed.
The products of the company on its web pages are non-binding invitation/suggestion for the customer to order goods.
By sending the order, through the Internet, email, fax, phone or by mail, the customer makes a binding offer to conclude a sales contract.
The company is entitled to this offer either by sending an order confirmation or by delivering the ordered product within a period of seven calendar days. The order confirmation will be sent via email or post. After the expiration of the 7 days, the order is assumed to be automatically cancelled.
The entitled to use the condition of the goods is determined exclusively by the manufacturer. Deviations require written agreement.
Ordered goods that are in stock will be dispatched to the customer immediately. Orders/products that are not part of the permanent stock and which the company needs to obtain from other manufacturers, will be sent to the customer only after the receipt of the products to the company’s stock.
Claims for damages caused by late delivery are excluded.
Information on delivery dates are non-binding.
If a customer orders product, which for reasons outside the responsibility of the company are not available, the company will inform the customer immediately. The client in this case has the right to cancel the contract. If the customer does not cancel the order, the company has the right to cancel the order itself. Whether the customer or the company cancels the order, the company will reimburse the already paid amount to the customer immediately.
If there is a delay, which is caused by reasons outside the control of the company (force majeure, third party, etc.), the delivery period will be extended. The customer is informed immediately.
The warranty obligation of the company is 24 months. Other than the communicated guarantee from the manufacturers, there can be no independent obligations derived from the company. The customer needs to make a written notification for the obvious defects immediately and not later than two weeks after receipt of delivery.
For goods, which have been worked on or deficiencies have been repaired without prior approval of the company, the warranty is excluded.
The customer claims against the company regarding the defects are governed by the law.
Further claims, especially for damages, are excluded, except for intent and gross negligence. Generally excluded are all consequential loss or damage caused by improper or proper and adequate treatment, assembly, use or operation of the parts supplied by the company.
By purchasing a used article, the customer has the right to claim for defects until the end of one year from receipt of goods.
For entrepreneurs and the customers ordering services for their commercial enterprise, the claims for defects need to be carried out by the end of one year from receipt of goods.
5. CONTRACT CANCELLATION GEM. Consumer Protection Act
Purchaser, the consumer in terms of the Consumer Protection Act, has the right to withdraw from the contract, within a period of seven working days from receipt of delivery of goods ordered, with the exception of goods listed in § 5f and services.
It is sufficient if the cancellation is sent within the deadline without giving any reason. Saturdays are not counted as working days.
Goods must be returned in unused and resealable condition and in original packaging. For items that are damaged by wear or the packaging is damaged, the company will charge an appropriate charge for the impairment. The same applies in the absence of the product accessories or parts. Non-free returns are not accepted.
In case of withdrawal, a full or partial refund of the purchase price instead of only when a review of the returned unit, wherein the transfer of the credit amount is then applied to a bank account specified by the customer. The cost of returning the goods shall be borne by the customer.
Returns must be sent exclusively to the following address:
Caffe Casa a GmbH
According to § 5 f, the consumer has no right to withdraw services, the implementation of the consumer according to the agreement started within seven working days from the contract and for contracts for certain goods or services.
It includes goods that are produced according to customer specifications as well as audio or video recordings, software and memory chips each design, if the delivered goods have been unsealed by the consumer.
The delivered goods remain the property of the company until full payment. Payments are made directly to the company. The purchaser may, however, despite the reservations of ownership or dispose of the goods in the ordinary course of business, but without the consent of any third party nor to pledge collateral. If the goods are resold before payment, so the proceeds will be to connect easily to the company. The proceeds are kept separately for the company or just to cover their exposure to use.
7. PRICES AND PAYMENT
Prices in the shop on www.caffeacasa.com are only valid for online orders. Advisory services, and services are, if not explicitly stated in their description, not included. Vouchers are not for the online prices in the shop used.
The item prices are exclusive of insurance, packing and shipping. Listed prices are inclusive of VAT.
Applying are accessible at the time of the order valid prices. By updating the website all previous prices and specifications will be shipped.
Payments are made in cash pickup in goods acquisition in service exclusively in advance.
8. DELIVERY, ACCEPTANCE AND TRANSPORT DELAYS
Our prices do not include costs for delivery, assembly or installation. However, on request against separate payment for these services we are provided or organized. For transport or delivery of the actual costs plus an appropriate administrative fee, are charged for the day of delivery valid freight and carriage costs of the selected mode of transport into account.
If the customer has the goods taken as agreed (assuming default), we are entitled to a grace period to store the goods either with us, whereby we charge a storage fee of 0.1% of the gross invoice amount per calendar day bill, or the cost and risk the customer with an authorized tradesman store. At the same time, we are entitled to insist on the contract, or after granting a reasonable grace period of at least 2 weeks comprehensive contract and the goods for other purposes.
The conditions are effective immediately. By this catalog and / or the respective latest price list all previous catalogs and / or price lists. The invalidity of the invalidity of any provision shall not affect the remaining provisions. Deviating agreements, and assurances of any kind must be in writing.
The company reserves the right to design and format changes.
10. DATA STORAGE, DATA ADDRESS CHANGE AND COPYRIGHT
The customer agrees that even in the Contract of Sale of personal data in compliance with this Agreement by us is stored and processed by automation.
The customer is obliged to announce changes in his residence or business address as long as the legal transaction is not fulfilled by both parties. Failure to the statement, declarations shall also be considered as submitted if they are sent to the last known address.
Plans, drawings or other technical specifications as well as samples, catalogs, brochures, pictures and the like always our intellectual property and the customer does not receive any kind or work use rights of exploitation.
All catalogs in the online shop was created with the best of my knowledge. However, we make technical information in the online catalogs of any liability.
Information in this catalog are in Euro, including the statutory value added tax (Austria).
12. INVALID CLAUSESIf one or more provisions of these Terms is invalid, then this does not invalidate the entire contract. The ineffective regulation is replaced by the relevant statutory provision.
The legal jurisdiction. Transferred to the customer after the contract is domiciled or habitually resident in Austria abroad, is the domicile of the company in Vienna.
This Agreement and to be concluded under these Conditions of contracts subject to Austrian substantive law. The UN Sales Convention is excluded.
Caffe Casa a GmbH
T: +43 (0) 1315 19 72
F: +43 (0) 1319 02 70
Caffe Casa a GmbH, FN 345794x,
Commercial Court of Vienna,