Conditions

 Terms Of Business FINE WAFFLES

 

1. Scope & Partner

 

• This general terms (AGB) and conditions apply to all contracts concluded between FINE WAFFLES and your company (“costumer”) in particular for orders via our Website and our online shop. Deviating regulations are only valid if they have been agreed in writing between FINE WAFFLES and the costumer.  The costumer agrees that in the case of the use of terms and conditions by him in case of doubt from the Terms and conditions of FINE WAFFLES is to go out, even if the conditions of the customer remaining uncontradicted.

 

• Owner of the website finewaffles.com as well as partner of the costumer is:

 

SWEET DREAMS OG (short „FINE WAFFLES“)

Fiali Ring 3

3133 Traismauer

Austria

UID: ATU 72151636

E-Mail: office@finewaffles.at

 

• Personal names include women and men  likewise.

 

• Partner (“Costumer”)from FINE WAFFLES is basically that company, that gives up the order. The costumer confirms  by stating his UID number to be an entrepreneur within the meaning of § 1 UGB.  Should contrary be proved, FINE WAFFLES  is anytime entitled, to withdraw the contract.

 

• Reservation Of Changes: FINE WAFFLES ist entitled, the gerneral terms and conditions to update and to adjust („change“). The actual general terms and conditions apply at the time of ordering, retrievable under finewaffles.com/allgemeine_geschaeftsbedingungen/.

 

• Place Of Execution: As place of execution applies the austrian head office from FINE WAFFLES.

 

 

2. Offer And Formation Of A Contract

 

• All offers from FINE WAFFLES on their website respectively in the online shop are regarding the availability of the products without engagement and not binding. For details on the products, please refer to the product descriptions available at the time of ordering. Pictures of the products are only symbolic pictures.

 

• The products are basically those for commercial use. Accordingly, individual machines are e.g. supplied with the corresponding power cable, but without plug delivered. The customer can not derive any claims against FINE WAFFLES. FINE WAFFLES recommends that the connection be made by a licensed specialist company (electrician). also point seven below  7.3.

 

• The  presentation of the products in the online shop  does not make an offer from FINE WAFFLES. Only by placing an order does the customer make a binding offer

 

• The sending of an electronic order confrimation by FINE WAFFLES not yet an acceptance of the offer. A contract comes only with the explicit acceptance trough FINE WAFFLES. (f.e. trough a despatch advice or since at least trough handing over the products on the shipper respectively costumer or pick up  the products trough the costumer.

 

• FINE WAFFLES send an offer to the costumer at his request, so  FINE WAFFLES  7 working days from the date of issue, unless otherwise agreed in writing.

 

• Estimate of costs are in principle for consideration. A fee paid for the estimate will be credited, if an order is made on the basis of this cost estimate.

 

 

3. Costs, Shipping Costs & Conditions Of Payment

 

• Costs: The costs stated on the FINE WAFFLES website on the day of the order apply.This also applies to repeat orders that are not made via the website.

 

• Although not stated otherwise, these are net prices exklusive of USt, exklusive of shipping costs and exklusive packaging (f.e. stillage). You can find the shipping costs in our shipping information: https://finewaffles.at/versand-lieferung/Kosten a separate shipment (f.e. express) the customer always has to carry himself.

 

• Unless otherwise agreed, FINE WAFFLES is entitled,order changes or additional orders at reasonable Prices to invoice.

 

• The customer basically has all import and export charges including any costum duties,fully pay fees and charges. This applies in particular to a delivery to a non EWR country.

 

• Payment Methods: We generally accept the following payment methods:

 

• Prepayment
• Pay Pal
• Credit Card (VISA, Mastercard)
• Service Directebanking

 

• FINE WAFFLES reserves the right to refuse individual payment methods without giving reasons.

 

• Default Interest & Collection Costs: In case of late payment, 10% p.a. charged. FINE WAFFLES reserves the right to assert further damage. In addition, the customer has to take the necessary steps to the RATG.

 

• At FINE WAFFLES incoming payments are credited first to interest, then to interest and ancillary charges, and ultimately to the outstanding capital.

 

 

4. Retention Of Title

 

• Until full payment, the goods remain the property of FINE WAFFLES. In the case of default of payment of the customer, his rights arising from the reservation of title must be asserted. The assertion of the retention of title is only a withdrawal from the contract, if this is explicitly stated.

 

• If the customer continues to sell the goods, he assigns all claims from the resale against a third party to FINE WAFFLES up to the amount of the respectively agreed purchase price, including delivery costs and any dunning fees as well as default interest, regardless of any default in payment. In this case, the customer must inform his customer and provide FINE WAFFLES with the necessary data so that they can enforce their claims.

 

 

5. Delivery & Default Of Acceptance

 

• Delivery Time: Unless otherwise agreed, FINE WAFFLES will endeavor to ship the goods within 5 working days after confirmation of the contract . For already known, deviating delivery times, there is a note on the respective product page.The purchaser shall not be entitled to any claims arising from delayed delivery, unless this was caused by gross negligence or intent on the part of FINE WAFFLES.

 

• Delivery: The delivery is done either by one of FINE WAFFLES selected logistics partner (recognized transport company) or by FINE WAFFLES themselves.
  FINE WAFFLES reserves the right to deliver the order in partial deliveries. Thereby incurred costs takes over FINE WAFFLES. The customer carries the risk of transport.

 

• Default Of Acceptance: If the customer is in default of acceptance, FINE WAFFLES is entitled to store the goods. For this a storage fee of € 5, – per started calendar day will be charged. FINE WAFFLES is entitled to insist on fulfillment of the contract. The customer is not released from his obligation to pay. Alternatively, FINE WAFFLES is entitled to set a reasonable period of grace(f.e. 14 days) to withdraw from the contract and to use the goods elsewhere;in case of applies moreover a Penalty clause from 30% of the invoice amount, at least however € 500,– as agreed. The costs resulting from the default of acceptance (f.e. return transport, reorder delivery, lawyer and reminder costs) are in any case to be paid by the customer.

 

 

6. Right To Withdraw From A Contract

 

• Conditioned thereby, that FINE WAFFLES is not the manufacturer of the goods to be delivered, reserves FINE WAFFLES the right, to withdraw from the contract, if without fault of
  FINE WAFFLES difficulties in production or supply by the producer of the goods.The customer can not derive any claims (for example damages).

 

 

7. Accountability, Guarantee und Compensation

 

• If not product-related a warranty can be excluded,the provisions on the statutory warranty apply , at which the deadline to assertion material defect adverse FINE WAFFLES is shortened to six months. The customer has to prove that the defect was exist on delivery.

 

• The purchaser must immediately inspect the acquired goods for any defects and by statement of such FINE WAFFLES promptly and in writing (within 3 days from takeover) to inform about this or to note this at the time of acceptance to the supplier. During this time, the customer has to store the possibly defective product adequately and without risk of possible damage at his own expense. The customer takes over the corresponding expenditure .

 

• The lack of goods does not include damage, the costumers whereby incorrent and illegal Treatment or by reason of a non-observance of the instruction book of the manufacturer has caused. Likewise, properties of the goods are not considered defects, if these do not affect the functionality of the goods and visually represent no relevant for the purpose of impairment (f.e.
  ccratches on the housing of a machine or other color). Likewise, a missing plug does not count as a defect (see above point 2).

 

• Costumer complaint by reason of statutory warranty claims or other complaints must written in the contact details mentioned in the imprint .

 

• FINE WAFFLES liable for personal injury, which by at least slightly negligent and unlawful behavior from FINE WAFFLES were caused. About that out liable FINE WAFFLES only, when from the customer is at least a grossly negligent behavior of FINE WAFFLES demonstrated.
  .

 

• Particulary liable FINE WAFFLES not for indirect damages, lost profit, loss on interest, missed savings, secondary damage and financial losses or damages out claim on the part of any third parties . This also applies in particular in the case of delivery of defective goods or default in delivery
  .

 

• For whatever case – a mulct at the expensive of FINE WAFFLES was agreed, this is subject to the judicial moderation law and the assertion of a compensation exceeding the penalty shall be excluded by mutual agreement.

 

• A liability from FINE WAFFLES becomes statute-barred six months after knowledge of the customer of the damage and the injured party, at least in three years after performance of the service or delivery.

 

• Any recourse claims, from the title “product liability iSd PHG” against FINE WAFFLES were posed, are excluded, unless, the claimant reveals, that the mistake is in the sphere of FINE WAFFLES caused and at least grossly negligent.

 

• The picture may differ slightly from the original.

 

 

8. Summation And Withholding

 

• A summation against our requirements with counter claims – whatever Kind of – is excluded.

 

• Justified complaints do not entitle to the retention of the entire, but only a reasonable part of the invoice amount.

 

 

9. Written form And Secrecy

 

• All agreements, subsequent changes, additions, side agreements and so on require their written form to be valid, whereby an e-mail is sufficient.

 

• The customer undertakes to keep secret the knowledge gained from the business relationship with third parties. The transfer of non-publicly known data (f.e. price conditions, technival documents etc.) entitled FINE WAFFLES to assert a penalty for about € 1.500,– per violation.The assertion of any further damage remains unaffected.

 

 

10. Naming As Reference

 

• The purchaser agrees to the mention of his name or company name as a reference on the website or in other documents or in any other external communication of FINE WAFFLES This includes the use of the corresponding company logo.

 

• The customer may object to this use for the future at any time and without stating reasons. There is no entitlement to destruction of advertising material already produced and / or circulated.

 

 

11. Applicable Law, Jurisdiction & Severability Cause
    

 

• It is exclusively austrian substantive law excluding the UN sales law. The contract language is german.

 

• The competent court in Sankt Pölten is responsible for the decision of all disputes arising from this contract. FINE WAFFLES reserves the right to sue at the customer’s place of general jurisdiction.

 

• Should any provision of these Terms and Conditions be or become legally invalid or unenforceable in whole or in part, this shall not affect the legal validity of all other terms and conditions. The Contracting Parties shall replace the invalid or unenforceable provision by an effective and enforceable provision that comes as close as possible in content and purpose.

 

 

12. Data Protection

 

The protection of your data is important to us. Details can be found in our data privacy statement, available at www.finewaffles.com/datenschutz