1. general information
These General Terms and Conditions apply to all business relations concluded between Burg-Vital-Hotel GmbH & Co KG (FN 313091d, LG Feldkirch), hereinafter referred to as „Burg-Vital-Hotel“ and persons making a purchase from Burg-Vital-Hotel, hereinafter referred to as „customers“.
These terms and conditions of purchase and delivery apply to all ordering channels and are accepted with every order. Deliveries are only made within Austria and Germany without express agreement.
The invitation to conclude a contract is exclusively addressed to consumers within the meaning of the KSchG. Customers under the age of 18 require the signature of their legal representative to place an order.
Burg-Vital-Hotel is not obliged to accept the offer made by the customer. If we do not accept the offer, we will inform Si of this (e.g. via email). All offers on our website are subject to change, non-binding and only available while stocks last.
The version of the GTC valid at the time of the conclusion of the contract shall be authoritative in each case. Deviating or supplementary general terms and conditions of the customer shall expressly not become part of the contract, even if we do not expressly contradict the customer.
In the event of business relations between Burg-Vital-Hotel and entrepreneurs pursuant to Section 1 of the Austrian Commercial Code (UGB), these General Terms and Conditions shall apply, unless more specific provisions have been agreed in writing, with the exception of the provisions provided for consumers within the meaning of the Consumer Protection Act (KSchG).
2. Conclusion of contract and online offers
All offers on our website are subject to change, non-binding and only available while stocks last.
The contract for goods of this online shop is concluded as soon as the order form duly completed and sent by the customer is confirmed by Burg-Vital-Hotel by means of a declaration sent by e-mail, or by execution of the delivery or service.
We reserve the right to refuse orders without giving reasons (especially if the ordered goods are not in stock) or to reduce the quantity. In this case, the customer will be informed immediately.
While filling out the order, the customer has the opportunity to take note of our terms and conditions and print them out if necessary. The order can only be sent if these terms and conditions are accepted.
3. right of withdrawal for consumers (§ 5e KSchG)
- The consumer may withdraw from a contract concluded at a distance or from a contractual declaration made at a distance until the expiry of the time limits set out in paras. 2 and 3. It is sufficient if the declaration of withdrawal is sent within the time limit.
- The withdrawal period is seven working days, whereby Saturday does not count as a working day. In the case of contracts for the delivery of goods, it begins on the day of receipt by the consumer, and in the case of contracts for the provision of services, it begins on the day of conclusion of the contract.
- If the trader has not fulfilled his information obligations according to § 5d paras 1 and 2, the withdrawal period shall be three months from the dates mentioned in para 2. If the trader complies with his information obligations within this period, the period for exercising the right of withdrawal referred to in para. 2 shall commence at the time when the information is provided by the trader.
4. prices and terms of payment
All prices are quoted in EURO and include the statutory VAT applicable at the time of ordering. No liability is accepted for errors or for the accuracy of the information, insofar as this is due to slight negligence.
Payment for the goods is made by credit card, direct transfer method (www.sofortüberweisung.de) or PayPal.
Unless otherwise agreed, invoices are due and payable immediately. If payment dates are not met, the statutory interest on arrears shall accrue in addition to the purchase price. If the buyer is in default of payment, he shall be responsible for any negligence during this period. He shall be liable for performance by accident, unless the damage would also have occurred in the event of timely performance. In the event of default, we shall also be entitled to withhold further deliveries and services.
The customer is not entitled to set off claims against our claims that are not recognised or not legally established.
5. delivery and shipping
The choice of shipping route and method is at the discretion of Burg-Vital-Hotel. Delivery shall be made by shipment ex warehouse to the delivery address in Austria or Germany provided by the customer.
To determine the approximate shipping price, we use the stated shipping prices of Österreichische Post AG. The approximate shipping price will be given to the customer on request when ordering online and will be charged directly. Subject to other shipping methods, the delivery times are based on the approximate values given by Österreichische Post AG (www.post.at).
6. acceptance and passing of risk
We request that you check the goods for transport damage immediately upon receipt. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer when the goods are handed over to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer refuses to accept the delivery or culpably defaults on acceptance, this shall also constitute transfer of risk and Burg-Vital-Hotel may claim appropriate compensation for the costs incurred. If dispatch is delayed through no fault of the seller, the goods shall be stored at the expense and risk of the buyer.
7. reservation of ownership
All goods delivered remain the property of Burg-Vital-Hotel GmbH & Co KG until payment has been made in full. The assertion of the reservation of title shall only constitute a withdrawal from the contract if this is expressly declared.
The statutory warranty periods shall apply. For movable goods, a period of 2 years from dispatch shall apply. The customer must inspect the delivered goods immediately for deviations in quality and quantity and notify us in writing of any recognisable defects within one week of discovery.
In the event of a defect, Burg-Vital-Hotel shall, at its own discretion, provide a warranty by rectifying the defect or supplying a replacement. If Burg-Vital-Hotel delivers a defect-free object of purchase for the purpose of subsequent performance, the customer may demand the return of the defective object of purchase previously delivered.
No warranty can be given for defects that are due to improper use, operation, storage or above-average stress on the goods by the consumer.
Burg-Vital-Hotel shall only be liable for damages other than those resulting from injury to life, body and health insofar as these damages are based on intentional or grossly negligent actions or on culpable breach of an essential contractual obligation by us or our vicarious agents.
Any further liability for damages – irrespective of the legal grounds – is excluded.
Claims arising from a guarantee given by us as to the quality of the goods and under product liability law are unaffected by this.
According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. We are therefore not liable for the availability of the internet shop at all times.
Burg-Vital-Hotel is not liable for the content of linked websites operated by third parties.
10. evidence clause
Data stored in electronic registers or otherwise in electronic form at Burg-Vital-Hotel shall be considered admissible evidence for the proof of data transfers, contracts and executed payments between the parties.
11. Choice of law and place of jurisdiction
The parties agree on Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is agreed to be the respective competent court in whose district the company has its registered office.
For legal actions against consumers within the meaning of the KSchG who have their domicile or habitual residence in Austria or are employed in Austria, the statutory places of jurisdiction shall apply.
The place of performance for both performance and payment is at the registered office of Burg-Vital-Hotel in Oberlech 568, 6764 Lech.
Should individual provisions of these contractual terms and conditions be invalid in whole or in part, this shall not affect the validity of the remaining provisions, unless the omission of individual clauses would put a contracting party at such an unreasonable disadvantage that it can no longer be expected to adhere to the contract. The ineffective provision shall be replaced by the parties by another provision which comes closest to the economic purpose of the ineffective provision and is in turn.
Subsidiary agreements have not been made. Amendments to the contract shall only become effective if they are confirmed in writing.