1. SCOPE OF APPLICATION

a) These General Terms and Conditions apply to all deliveries of goods carried out by Schokobold on the basis of orders placed in remote sales, in their version applicable at the time of the respective order. By placing an order, the customer acknowledges these General Terms and Conditions as well as the delivery and payment conditions that are currently available on the homepage www.Schokobold.at and are an integral part of these GTC.
b) Changes or additional agreements require written form and confirmation by persons authorized to represent Schokobold registered in the commercial register and apply only to the individual business case. Other employees of Schokobold are not authorized to agree to changes or additional agreements to these General Terms and Conditions.
c) Contractual terms and conditions as well as GTC of the customer are expressly objected to in their entirety.
d) If individual provisions of these General Terms and Conditions are invalid, this does not affect the validity of the remaining provisions and the contracts concluded under their basis. The parties will agree on an effective provision that comes closest to their meaning and purpose instead of the invalid one.

2. CONCLUSION OF CONTRACT

a) An online order is only possible if all mandatory fields (marked with an asterisk) are filled out. Before submitting the order, the customer will receive a summary of the contents of the order, including prices, which they can still correct or confirm. The receipt of the order by Schokobold is confirmed by an automatically sent email, which constitutes acceptance of the order.
b) The customer is aware that the internet is not a secure communication medium and that data transmitted over the internet may be disclosed or altered by third parties. The customer bears the risk that data may not arrive at Schokobold or may not arrive in the form in which it was sent by the customer. Schokobold may rely on the fact that the data received was sent by the customer in the form in which it was received.
c) Invoices will be sent electronically to the email address provided by the customer during the ordering process.

3. PRICES

The prices are understood as gross prices, according to the price list including the statutory Austrian value-added tax, without delivery costs and without any additional services, unless otherwise stated in the current price list.

4. DELIVERY AND DELIVERY TIME

a) The shipment of goods by Schokobold is at the expense of the customer to the delivery address specified by the customer when ordering. With delivery of the goods to the customer or a third party named by him, the risk of loss or damage/deterioration of the goods also passes to the customer (only applies to consumers). The method of dispatch by post or private delivery services is deemed approved. However, if the customer concludes the transport contract himself, the risk of loss or damage to the goods passes to the customer upon delivery of the goods to the carrier.
b) Schokobold's indication of delivery dates is non-binding. The customer is only entitled to exercise his right of withdrawal/revocation if Schokobold fails to make delivery despite written notice of a grace period of at least two weeks.
d) The delivery period is extended by the duration of the hindrance caused by circumstances beyond the parties' will, such as cases of force majeure, unforeseeable operational disruptions, official interventions, transport and customs delays, transport damage, rejection of important manufacturing parts, and labor disputes.
e) Insofar as partial deliveries are possible, they are also legally permissible. Each partial delivery is considered a separate transaction and may be invoiced separately by Schokobold.

5. WARRANTY

a) In the case of defects, consumers must notify Schokobold in writing or by email (office@Schokobold.at) immediately, but no later than one week after receipt of the goods or after defects become visible, without any adverse legal consequences resulting from non-compliance.
In the case of damaged shipments, the carrier (Post, DPD, etc.) must be immediately notified to determine the extent of the damage, no later than 4 days after the shipment has been accepted. If this is not done, Schokobold must reject any claims for damages. In general, the customer is responsible for reporting the damage.
b) If the customer is a business within the meaning of the Austrian Commercial Code (UGB), he/she must immediately inspect the delivered goods or services for completeness, correctness, and other defects upon receipt. Any defects must be reported in writing or by email (office@Schokobold.at) within eight business days of receipt of the goods or services, and before further resale or use, or else the customer will lose all claims to which he/she would be entitled (in particular, consequential damages arising from defects).
c) Warranty claims arising from defects expire within the statutory warranty period of 2 years from delivery or provision of the service. In the case of legal defects, this period does not begin until the defect is recognized.
d) In the event of a defective item, the customer may choose between improvement and replacement. Only if these two options are impossible or unreasonable can the customer - in accordance with legal regulations - demand an appropriate price reduction or rescission. The customer is obliged to give Schokobold the opportunity to improve the situation. If Schokobold improves a defect, this is done free of charge, but Schokobold may require the customer to return the goods - to the extent that this is possible - at Schokobold's risk and expense.
e) Only those properties that Schokobold has expressly and in writing assured shall be deemed to be guaranteed characteristics of the goods. Schokobold reserves the right to make changes to its product range, which do not constitute defects.

6. RIGHT OF WITHDRAWAL/CANCELLATION BY CONSUMERS

a) The customer, who is a consumer within the meaning of the KSchG, may withdraw from a distance contract concluded in the context of e-commerce or from a declaration of intention submitted in the context of e-commerce in writing without giving reasons until the expiry of the deadlines mentioned below. It is sufficient if the revocation/cancellation declaration is sent within the deadline. The deadline for this is 14 days.
The deadline for withdrawal/cancellation begins on the day on which the consumer or a third party designated by the consumer (not the carrier) takes possession of the goods;
If the consumer orders several goods with a single order, which are delivered separately, on the day on which the last goods are delivered;
In the case of delivery of goods in several partial shipments, on the day on which the consumer takes possession of the last partial shipment;
The revocation must include the customer's name, address, and email address. Furthermore, it must include the order number, date, and reason for cancellation (according to our terms and conditions).
b) According to § 18 FAGG, the customer (among other exceptions) has no right of withdrawal/cancellation for
Goods that can quickly spoil or whose expiration date would be quickly exceeded;
Goods that are delivered sealed and are not suitable for return due to health or hygiene reasons, if their seal has been removed after delivery;
Goods that have been mixed inseparably with other goods due to their nature after delivery.
c) If the customer withdraws from the contract in accordance with point 6 a), Schokobold must immediately and no later than fourteen days from the day on which notification of withdrawal/cancellation from the contract is received, repay all payments received, including delivery costs (with the exception of any additional costs resulting from the fact that the customer has chosen a type of delivery other than the cheapest standard delivery offered by Schokobold). Schokobold will use the same means of payment used by the customer in the original transaction for this repayment, unless expressly agreed otherwise; in no case will fees be charged for this repayment. Schokobold may refuse repayment until the goods have been returned or until the customer has provided proof that the goods have been returned, whichever is earlier.
The customer must return the goods immediately and in any event no later than fourteen days from the day on which he/she informs Schokobold of the withdrawal/cancellation, to Schokobold 1010 Wien, Babenbergerstraße 1/19. The deadline is met if the customer sends the goods before the expiry of the deadline of fourteen days. The customer bears the direct costs of returning the goods. He/she only has to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties, and functionality.
d) If the customer withdraws from the contract, the goods must be returned to Schokobold. The customer bears the costs of return shipping. In the event of signs of use, damaged packaging, missing parts of the delivered goods, and unpaid return shipping costs, Schokobold will charge a reasonable fee for the use, including compensation for any associated reduction in the fair value of the performance in accordance with point 6 c).

7. RETURNS

a) Returns will only be accepted if agreed upon beforehand with Schokobold, unless the customer exercises their right of revocation/withdrawal according to point 6 of these terms and conditions. To do so, a complaint according to point 5 a) or b) of the general terms and conditions must be made in writing or by email (office@schokobold.at). The risk of loss or damage to the goods during transport is borne by the customer upon sending the goods, unless they exercise their right of revocation/withdrawal according to point 6 of these terms and conditions. Schokobold will only cover the costs of return transport in the event of a warranty claim according to point 5 of these terms and conditions, but not in the case of the customer's revocation/withdrawal according to point 6 of these terms and conditions.
b) For entrepreneurs, in addition to point 8 a), a deduction of 10% of the price of the goods is agreed upon for manipulation and return processing.

8. LIABILITY

a) Schokobold assumes no liability for property damage or financial losses for any reason whatsoever, especially due to delays, impossibility of performance, breach of positive obligations, fault at the time of contract conclusion, consequential damages resulting from defects, defects, or unlawful acts caused by Schokobold or persons for whom Schokobold is responsible, due to slight negligence. This exclusion of liability does not apply to damages to persons or to items taken over for processing in contracts with consumers. Customers who are entrepreneurs within the meaning of the Austrian Commercial Code (UGB) must prove the presence of gross negligence or intent.
b) The liability amount to be provided by Schokobold is limited to twice the amount of the order.

9. PAYMENT TERMS

a) Payment by credit card:
The following credit cards are accepted for payment of invoices: American Express, Diners Club, Mastercard, Visa. The specified credit card will be charged immediately after submitting the order. The credit card data will not be stored in any form.
b) Other payment options:
Other payment options are payment by EPS online banking, Klarna SOFORT, and PayPal.
d) Default:
In the event of default by the customer with payment or his other services, Schokobold - without prejudice to other rights - is entitled to withhold deliveries until the agreed consideration has been provided while observing the still outstanding delivery deadline, or to withdraw from the contract after an appropriate deadline has expired and/or to demand compensation for non-performance. In this case, the customer must return the delivered goods to Schokobold at his own expense without delay. Schokobold reserves the right to assert claims for compensation for devaluation, wear and tear, compensation for own transport expenses, and more, with Schokobold being entitled to demand or retain 20% of the purchase price as a minimum contract penalty in the event of its own revocation/cancellation of the contract.
If the customer is in default of acceptance, Schokobold is entitled to charge the costs incurred as a result.
e) Default interest/Reminder fees:
In the event of late payment, Schokobold will charge default interest of 4% p.a. from the due date of the invoice for consumers on the outstanding invoice amount. For entrepreneurs, default interest of 9.2% p.a. above the respective base rate of the European Central Bank will be charged.
Reminder fees and default interest at the statutory rate will be charged from the 1st reminder. If a 2nd reminder is necessary, all future deliveries will only be made against advance payment or cash on delivery. After an unsuccessful 2nd reminder, the claim will be handed over to a collection agency or a lawyer.
The customer undertakes to reimburse Schokobold for all costs necessary for the appropriate pursuit of claims in the event of a breach of his contractual obligations. For each reminder, the customer shall pay €5.00, and furthermore, for the evidence of the debt relationship in the reminder process, €25.00. In addition, the costs of the collection agency up to the maximum fees provided for in the respective applicable regulation for maximum fees in the collection industry and the costs of lawyers according to the Lawyers' Fees Act, which are appropriate in relation to the claim, must be reimbursed. In any case, the legal lump sum of €40.00 for compensation for any enforcement costs of Schokobold is demanded from entrepreneurs; any further compensation is reserved by Schokobold depending on the circumstances of the individual case.
e) Consumers:
For consumers, the delivery and payment conditions applicable at the time of ordering shall apply in accordance with the "prices indicated".

10. OWNERSHIP RETENTION

a) Consumers:
The delivered items or goods remain solely and unrestrictedly the property of Schokobold until full payment of the purchase price including all ancillary fees. Until then, they are merely entrusted goods to the customer, which may neither be sold nor pledged, nor given away or loaned. The customer is not authorized to dispose of these items or goods without the prior express consent of Schokobold and bears full risk for the entrusted goods in every respect, in particular also the risk of loss, destruction, or deterioration. Schokobold is entitled to demand the surrender of the goods that are in its ownership and to collect them. The customer hereby waives the right of retention.

11. COPYRIGHT AND INDUSTRIAL PROPERTY RIGHTS, CONFIDENTIALITY

a) The use of texts, images, photos, layouts, as well as other representations of the website www.Schokobold.at and parts thereof, requires the express prior written consent of Schokobold. In particular, documents such as brochures, catalogs, samples, presentations, and similar items remain the intellectual property of Schokobold. Any use, in particular transfer, reproduction, publication, and provision including even partial copying, requires the express prior written consent of Schokobold.
b) All rights are fully reserved by Schokobold.
c) The contracting parties of Schokobold undertake to maintain confidentiality regarding the knowledge obtained from the business relationship vis-à-vis third parties.

12. DATA PROTECTION

Reference is made to Schokobold's separate data protection declaration, which can be accessed at www.Schokobold.at and will be provided to the customer upon request at any time.

13. MISCELLANEOUS

a) Deliveries and declarations of intent are effective at the address specified by the customer in the order until a different address is communicated in writing. The customer is obliged to provide the relevant data requested in the form completely and correctly when the contract is concluded. In the event of incorrect, incomplete or unclear information provided by the customer, the customer is liable for all costs and damages incurred by Schokobold as a result. The customer is obliged to notify Schokobold immediately in writing of any changes to their name, address or change of residence, under penalty of liability for all damages incurred as a result of not providing timely notification. In the event of failure to comply, any written communication sent to the last known address of the customer shall be deemed sufficient for the requirements of effective delivery.
b) Transfer of rights from the contract concluded with Schokobold to third parties requires the written consent of Schokobold.

14. APPLICABLE LAW, PLACE OF PERFORMANCE, JURISDICTION

a) Austrian law shall exclusively apply to the legal relationships between Schokobold and its customers, excluding its referral norms and the UN Sales Convention.
b) Vienna shall be the place of payment and performance for all obligations arising from this contract.
c) The competent court in Vienna shall be the exclusive place of jurisdiction for all disputes arising indirectly or directly from the contractual relationship with Schokobold.

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