1. Scope
These general terms and conditions (hereinafter "GTC") of Marvin Strantz, Kreindlgasse 7/2/1, 1190 Vienna (hereinafter "Seller") in the version valid at the time of the order apply to all contractual agreements that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop.
By placing an order, the customer agrees to these Terms and Conditions. These Terms and Conditions apply to all future transactions, even without further express agreement. The inclusion of the customer's own terms and conditions is hereby rejected. General terms and conditions submitted by the customer that deviate from these Terms and Conditions are invalid unless their validity has been expressly agreed to in writing.
2. Contract language
The contract language is German. All other information and transactions will be provided in German.
3. Conclusion of contract
The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but rather serve as a basis for the customer to submit a binding offer. An order is only possible if the customer's data is provided in full.
The customer's order represents a legally binding offer by the customer to conclude a contract. Furthermore, the customer can also submit the offer to the seller by telephone, email, or post. Confirmation of receipt of the order will be sent via email (order confirmation) after the order has been submitted, but this does not constitute acceptance of the contract. The contract only becomes legally effective upon the actual provision of services by the seller to the customer.
The contract data is stored for invoicing purposes.
When ordering alcoholic beverages, the customer confirms by submitting the order that he has reached the legally required minimum age and undertakes to ensure that either he or an adult authorized by him is permitted to receive the goods.
4. Cancellation policy
Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity:
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods. To exercise your right of cancellation, you must inform us (Marvin Strantz, Kreindlgasse 7/2/1, 1190 Vienna, Tel.: +43 (0) 664 149 02 28, Email: office@gm-strantz.at) of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or email). You may use the attached model cancellation form for this purpose, but this is not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of revocation
If you cancel this contract, we will reimburse you all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract.
For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.
We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us (Marvin Strantz, Kreindlgasse 7/2/1, 1190 Vienna) immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
Exceptions to the right of withdrawal
The right of withdrawal does not apply in particular to orders for the following goods:
- Goods that are made to customer specifications or are clearly tailored to personal needs
- Goods that can spoil quickly or whose expiration date would be quickly exceeded
- Goods that are delivered sealed and are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery
- Goods which, after delivery, have been inseparably mixed with other goods due to their nature
- Goods or services whose price depends on fluctuations in the financial market over which the seller has no control and which may occur within the withdrawal period.
The customer acknowledges that he or she therefore has no right of withdrawal for products manufactured according to his or her wishes and specifications. The customer also acknowledges that the seller's products are spirits, which are sealed and cannot be returned for hygiene reasons.
Cancellation form
If you wish to cancel the contract, please fill out this form and send it back to
Marvin Strantz
Kreindlgasse 7/2/1
1190 Vienna
Austria
Email: office@gm-strantz.at
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following
Goods (*)/the provision of the following service (*)
_______________________________________________________
_______________________________________________________
Ordered on (*) ____________ / received on (*) __________________
________________________________________________________
Name of the consumer(s)
________________________________________________________
Address of the consumer(s)
________________________________________________________
Signature of the consumer(s) (only if notification is made on paper)
_________________________
Date
(*) Delete as appropriate
5. Prices and payment terms
The product prices stated by the seller at the end of the ordering process are final prices including statutory VAT and shipping costs. Statutory VAT and shipping costs are shown separately during the ordering process but are included in the final price.
Billing is done in euros.
The payment option(s) will be communicated to the customer in the seller’s online shop.
Bank transfer
If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
PayPal
When paying using a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
credit card
When paying by credit card, the amount will be debited immediately after the order is placed. Any applicable fees are to be borne by the customer.
Apple Pay
To pay the invoice amount via Apple Pay, you must use the Safari browser, be registered with Apple, have activated the Apple Pay feature, authenticate yourself with your login details, and confirm the payment instruction. The payment transaction will be processed immediately after you place your order. Further instructions will be provided during the ordering process.
Google Pay
To pay the invoice amount via Google Pay, you must be registered with the service provider Google, have activated the Google Pay feature, authenticate yourself with your login details, and confirm the payment order. The payment transaction will be processed immediately after placing the order. Further information will be provided during the ordering process.
6. Delivery
The seller will execute the order without undue delay. Ordered goods will generally be shipped within 5 business days. If the goods are not in stock, the seller will inform the customer of the expected delivery date by email. However, dates and delivery times are non-binding and are only guidelines unless expressly confirmed as binding in writing.
Unless otherwise agreed, goods will be delivered to the delivery address provided by the customer. The delivery address provided during the seller's order processing is decisive for the transaction.
If delivery to the customer is not possible because the customer does not accept the ordered goods or has not provided the correct delivery address, the customer shall bear the costs for the unsuccessful delivery.
The Seller reserves the right to ship multiple-unit orders either separately or together at its discretion, particularly if the ordered quantities are not available at once.
Self-collection is not possible for logistical reasons.
7. Duty to provide information
The customer must truthfully provide the seller with all information and facts necessary for the provision of services. Changes in circumstances, in particular changes to the customer's data (name, address, email), must be reported to the seller immediately.
8. Retention of title
If the seller makes advance payments, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
As long as a retention of title exists and all claims have not been fully settled, the customer undertakes to treat the goods with care and to observe the usual duty of care. Pledging or transferring ownership as security before full payment is excluded. Should the goods be seized or confiscated, or otherwise accessed by third parties, the customer must point out the seller's ownership, inform them immediately, and provide the seller with all information and documents necessary to enforce the right of ownership.
9. Warranty
The general statutory provisions of warranty law apply. The warranty is understood to be the legally mandated liability of the seller for defects that the purchased goods exhibit at the time of delivery to the customer. Defects that only appear at a later date are generally not covered by the warranty. Warranty claims must be asserted within a period of two years from delivery, whereby within the first six months from delivery the seller must prove that the defect did not exist at the time of delivery. In the event of a warranty claim, the seller is entitled to repair or replace the goods. Only if the repair or replacement is impossible or would involve disproportionate expense for the seller, or if the request for replacement or improvement cannot be met or cannot be met within a reasonable period of time, is the customer entitled to a price reduction or rescission (complete cancellation of the contract).
The customer is requested to report any goods delivered with obvious transport damage to the delivery company and to notify the seller of this. Failure to do so will have no effect on their statutory or contractual claims for defects.
10. Promotional vouchers
Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter “promotional vouchers”) can only be redeemed in the Seller’s online shop and only during the specified period.
Promotional vouchers can only be redeemed by consumers.
Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.
Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.
Only one promotional voucher can be redeemed per order.
The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
The balance of a promotional voucher will not be paid out in cash or bear interest.
The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
The promotional voucher is transferable. The seller may, with discharging effect, make a payment to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's ineligibility, legal incapacity, or lack of authority to represent.
11. Applicable law
All legal relationships between the parties shall be governed by the laws of the Republic of Austria, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
