Conditions

These General Terms and Conditions (hereinafter "GTC") of
COOKandGRILL GmbH, Reitern 148 , 4822 Bad Goisern am
Hallstättersee, FN 552033p, apply to all contracts which a consumer
or entrepreneur (hereinafter "customer") with COOKandGRILL GmbH.

§ 1 General

  1. Consumers are natural or legal persons within the meaning of the Consumer Protection Act (KSchG) who are not entrepreneurs. Entrepreneurs are natural or legal persons or partnerships with legal capacity who conclude the present contract for the operation of their company. The terms and conditions apply to consumers as well as to entrepreneurs, provided that no differentiations are made in the respective clauses.
  2. COOKandGRILL GmbH concludes all contracts solely on the basis of these General Terms and Conditions. Customer terms and conditions are not accepted. The sending of an order or order confirmation by COOKandGRILL GmbH does not constitute acknowledgment of the general terms and conditions or any contractual conditions of the customer. Clauses, terms and conditions and supplementary terms and conditions that deviate from or conflict with the terms and conditions of COOKandGRILL GmbH only become part of a contract if their validity is expressly approved in writing.
  3. The dispatch of an order confirmation by COOKandGRILL GmbH does not constitute acceptance of a binding offer, but is merely a confirmation that COOKandGRILL GmbH has received the order. A purchase contract between COOKandGRILL GmbH and the customer is only valid with a written confirmation of the conclusion of the contract or with the dispatch of the ordered products.
  4. If individual provisions of these General Terms and Conditions become invalid, the validity of the remaining provisions shall remain unaffected.

§ 2 Prices:

  1. If the customer is a consumer, the prices quoted include the statutory sales tax and do not include delivery costs. Should there be a statutory sales tax increase, COOKandGRILL GmbH is entitled to calculate the increased sales tax rate. Unless an agreement to the contrary has been made, the delivery costs will be invoiced separately to the customer. If the customer is an entrepreneur, all prices are net prices and do not include delivery costs.
  2. At this point it is expressly pointed out that all information on the websites, in catalogs and other media is always non-binding.
  3. In the case of entrepreneurial transactions, the prices for additional services such as packaging, shipping and the sales tax applicable at the time of invoicing are shown separately on the invoice in addition to the net price of the goods. All orders are only accepted on the basis of the prices valid at the time of the order. If the purchase price is not paid in a timely manner, any approved rebates and cash discounts will no longer apply.
§ 3 Orders and conclusion of contract
  1. The customer has the option of selecting products from the COOKandGRILL GmbH web shop and adding them to the shopping cart by clicking on the [In the shopping cart] button.
  2. The customer then gets to the start page by clicking on the [Continue to order] button.
  3. After the payment method has been selected, the customer is taken to the summary of the By clicking on the [Order with obligation to pay] button, the customer submits a binding purchase offer to COOKandGRILL GmbH.
  4. After the paid order, the customer will receive an order confirmation, which does not constitute acknowledgment of the terms and conditions or any contractual conditions of the customer, but merely represents information about the receipt of a customer order and does not constitute acceptance of a binding offer.
  5. After receipt of payment, the order will be shipped, which will result in a valid purchase contract between COOKandGRILL GmbH and the customer. The customer receives a shipping confirmation about the shipping of the products, which is proof of the valid conclusion of the purchase contract. If the customer is an entrepreneur, a purchase on account is possible, depending on the agreement. In this case, the goods will be shipped before payment is made. The purchase contract is accordingly concluded with the dispatch of the goods by COOKandGRILL GmbH taking an action to fulfill the contract. There is no entitlement to purchase on account under any circumstances. In the event that the customer fails to meet payment deadlines, COOKandGRILL GmbH is entitled to withdraw from the agreement to purchase on account and instead to provide the customer with one of the items listed in § 4 a. to select the payment methods listed.
  6. If the customer is an entrepreneur, the statutory provisions regarding sham representation and sham power of attorney apply to the conclusion of contracts and the assumption of liabilities by unauthorized bodies, people and persons. If the customer is an entrepreneur, he must immediately notify any change of persons authorized to represent; otherwise, when concluding contracts and entering into liabilities, it is assumed that the previously lawful acting person at the time the contract was concluded or the liability entered into is authorized to do so.

§ 4 Terms of payment and delivery:

  1. COOKandGRILL GmbH offers its customers the following payment options:

    - Credit card (Visa & Mastercard)
    - AMEX
    - PayPal
    - Klarna
    - EPS transfer
    - Debit card payment upon collection
    - Apple Pay
    - Google Pay
    - Shopify Pay

    No additional fees are charged for any payment method.
  2. The ordering process is encrypted with SSL (256 bit). This encryption is certified and tested.
  3. By issuing a direct debit authorization, the customer authorizes COOKandGRILL GmbH to collect the amount due. When the payment is due, you must ensure that there are sufficient funds in your bank account. COOKandGRILL GmbH must be informed immediately of changes to the bank details. All costs incurred by COOKandGRILL GmbH due to non-compliance with these obligations will be passed on to the customer account if the customer is an entrepreneur. If the entrepreneurial customer wants to withdraw his purchase offer after collection difficulties, provided that the goods have not yet been dispatched, this is possible against payment of a processing fee of EUR 15.
  4. In transactions with consumers, COOKandGRILL GmbH charges interest on arrears of 8% per year, even if it is not their fault. This does not apply to transactions that are subject to § 6 Para. 1 Z 13 KSchG. In transactions with entrepreneurs, COOKandGRILL GmbH charges default interest in accordance with § 456 UGB.
  5. If a customer is in default of payment, COOKandGRILL GmbH can also claim compensation for damage caused by the customer and COOKandGRILL GmbH. This includes, in particular, the necessary costs of appropriate extrajudicial collection or collection measures (dunning fees in accordance with the ordinance of the Federal Minister for Economic Affairs on the maximum rates of debt collection agencies: Federal Law Gazette No. 141/1996), insofar as these are necessary for appropriate legal prosecution.
  6. In transactions with entrepreneurs, COOKandGRILL GmbH is also entitled to demand a lump sum of 40 euros from the customer as compensation for any operating costs in the event of default in payment. For the reimbursement of operating costs that exceed this lump sum, § 1333 Para. 2 ABGB applies.
  7. The place of performance is the headquarters of COOKandGRILL GmbH. Deliveries are made at the expense and risk of the customer. If the customer is an entrepreneur, the risk passes to the customer when the goods are handed over to the carrier agreed with the customer.
  8. Delivery time: about 5-10 days. Objectively justified and reasonable exceeding of the delivery time are deemed to have been made by the customer. They do not entitle you to withdraw from the contract and do not justify any claims for damages. The delivery takes place while stocks last.
  9. For orders whose total amount exceeds EUR 500.00, COOKandGRILL GmbH may request a deposit of up to 100% of the total price of the order.
  10. COOKandGRILL GmbH is under no obligation to perform performance before making any down payment that may have been stipulated. Any consequences resulting from this (e.g. non-compliance with the delivery date(s) shall be borne by the customer.

§ 5 Dates

  1. Deadlines and appointments are to be recorded or confirmed in writing. COOkandGRILL GmbH makes every effort to meet the agreed deadlines. Failure to meet a deadline only entitles the customer to withdraw from the contract and to claim damages resulting from the contract after a 14-day grace period has been set.
  2. Any obligation to pay damages incurred by the customer for reasons of delay only includes compensation for material damage caused by gross negligence or willful misconduct. Liability for property damage caused by slight negligence is excluded.
  3. In any case, unavoidable or unforeseen events and force majeure release COOKandGRILL GmbH from complying with the agreed terms. In this case, the deadline for contract fulfillment is extended by the duration of the existence of this event.
  4. The same applies if the customer is in arrears with the obligations necessary to carry out the order, in particular the timely provision of all documents and information relevant to the order. In this case, the agreed date will be postponed at least to the extent of the delay.

§ 6 Conditions of return & revocation:

  1. For goods that are made to customer specifications or are clearly tailored to personal needs (private labelling), there is no right of withdrawal according to § 18 Para. 1 Z 3 FAGG. This regulation applies to entrepreneurs and consumers.
  2. In the case of the products sold by COOKandGRILL GmbH, which are foodstuffs and therefore perishable goods or goods that have a best-before date, there is no right of withdrawal according to § 18 Para. 1 Z 4 FAGG in the case of distance selling or outside of business premises closed contracts. This applies equally to entrepreneurs and consumers.
  3. The customer can withdraw from contracts for non-food products within 14 days without giving reasons. The time limit begins to run from the day on which the customer or a third party named by the customer who is not the carrier took possession of the last goods .
  4. The customer must inform COOKandGRILL GmbH about the exercise of the right of withdrawal. This can be done by letter, e-mail or fax. There is also the option of using the revocation form. The link for this can be found in the order confirmation. However, there is no obligation to use this form. The deadline for exercising the right of cancellation is met if the notification has been sent to COOKandGRILL GmbH before the cancellation period has expired.
  5. If a contract is revoked, the customer will be reimbursed for all costs already paid, including the delivery costs for standard delivery, within 14 days of the notification of the cancellation of the contract. The additional costs for another type of delivery will not be reimbursed.
  6. For the repayment, COOKandGRILL GmbH uses the payment method chosen by the customer, unless otherwise agreed. Fees are not charged for the repayment. However, the repayment can be withheld until receipt of the goods or proof of their dispatch by COOKandGRILL GmbH.
  7. The customer must return the goods within 14 days of sending the cancellation notice. To meet the deadline, it is sufficient if the goods were sent before the deadline. The return costs are borne by the customer.
  8. The customer does not have to pay for a loss in value of the goods in those cases in which the loss in value is only due to the handling necessary to check the nature, properties and functionality of the goods.

  9. "Unless the parties have agreed otherwise, the right of cancellation does not apply to contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transport of goods, vehicle rental, delivery of food and beverages and the provision of other services in the Recreational activities where the contract provides for a specific date or period of performance.” 


    withdrawal form
    (If you want to revoke the contract, please fill out this form and send it back)

    At
    COOKandGRILL GmbH
    riders 148
    4822 Bad Goisern on Lake Hallstatt
    Austria

    office@cookandgrill.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 consumer(s)
    Address of consumer(s)

    Signature of consumer(s) (only if notification is on paper)
    Date

    (*) Delete where not applicable.


§ 7 Availability of goods:
If COOKandGRILL GmbH determines after the conclusion of the contract that the
ordered goods are no longer available or not for legal reasons
can be delivered, COOKandGRILL GmbH is entitled to either an in
To offer or sell goods of equivalent quality and price
to resign. Payments already received will be followed up immediately
Cancellation of the contract reimbursed by COOKandGRILL GmbH.

§ 8 Retention of title:

  1. The delivered goods remain the property of COOkandGRILL GmbH until all claims against the customer, including all ancillary claims, have been settled.
  2. If the customer is an entrepreneur, COOkandGRILL GmbH also retains ownership of the delivered goods until all existing claims of expiring business relationships have been settled.
  3. A customer acting as an entrepreneur is entitled to resell the reserved goods in the ordinary course of business. All resulting claims against third parties are assigned to COOKandGRILL GmbH in advance by the customer in the amount of the respective invoice amount. It is irrelevant whether the goods subject to retention of title were resold before or after processing. After the claim has been assigned, the customer remains authorized to collect the claim, as does COOKandGRILL GmbH. However, COOKandGRILL GmbH will only collect the claims if the customer does not meet his payment obligations or is in default of payment or an application has been made to open insolvency proceedings against the customer's assets.

§ 9 Warranty:

  1. COOkandGRILL GmbH guarantees that the goods are free of defects at the time of delivery.
  2. For customers who are consumers iSd KSchG, the statutory warranty regulations apply.
  3. For customers who are entrepreneurs, §§ 377 ff UGB, Federal Law Gazette I No. 120/2005 in the currently valid version apply without restriction. The reversal of the burden of proof according to § 924 ABGB is excluded for customers who are entrepreneurs.
  4. For customers who are entrepreneurs, if the goods delivered by COOKandGRILL GmbH have a defect, the customer can initially only request replacement of the goods or improvement. If a replacement delivery is not possible, involves a disproportionate amount of effort or if there is an unreasonable delay in delivery, COOKandGRILL GmbH is entitled to offer a price reduction or to withdraw from the contract.
  5. For customers who are entrepreneurs, claims for damages due to product defects are excluded, unless COOkandGRILL GmbH has grossly negligently concealed the defects or has assumed a guarantee for the quality of the goods.
  6. COOKandGRILL GmbH is not liable for lost profits This provision only applies to corporate customers.

§ 10 Offsetting:
For entrepreneurs, offsetting against claims by COOkandGRILL
GmbH with counterclaims excluded. The same applies, with exception
the cases mentioned in § 6 Abs 1 Z 8 KSchG, for consumers.

§ 11 Liability:

  1. COOKandGRILL GmbH is liable to customers in accordance with the Product Liability Act. In addition, COOKandGRILL GmbH is only liable for intent and gross negligence as well as for personal injury, regardless of the degree of fault.
  2. For consumers, the scope of liability of COOKandGRILL GmbH as an importer remains unaffected.
  3. COOKandGRILL GmbH sells its products exclusively as food and not as a dietary supplement for animals.
  4. Consequential and financial losses, loss of profit, loss of interest and damage from claims by third parties against the customer.
  5. COOKandGRILL GmbH is not liable for links to external websites or the content there.

§ 12 Place of jurisdiction and choice of law:

  1. The contract with COOKandGRILL GmbH is exclusively subject to Austrian law, excluding the UN sales law and without the reference standards of private international law.
  2. For customers who are entrepreneurs, the registered office of COOKandGRILL GmbH is agreed as the place of performance for all contracts concluded with COOKandGRILL GmbH.
  3. For customers who are consumers according to the provisions of the Consumer Protection Act, § 14 KSchG or for international legal transactions the provisions of REGULATION (EC) No. 44/2001 OF THE COUNCIL of December 22, 2000 on jurisdiction and the recognition and enforcement of Decisions in civil and commercial matters (EuGVVO) in the currently valid version.
  4. Consumers who do not have their habitual residence in Austria are only bound by this choice of law to the extent that they are not deprived of protective rights under consumer law in their country of residence.

§ 13 consumer dispute settlement procedure
Since January 9th, 2016, Regulation (EU) No. 524/2013 (ODR Regulation)
in force on online dispute resolution in consumer matters. She
applies to the out-of-court settlement of disputes over
contractual obligations from online sales contracts or online
Service contracts between consumers and online retailers and
aims to achieve a high level of consumer protection
European single market. With the possibility of online dispute resolution
(OS) aims to be simple, efficient, fast and inexpensive
out-of-court settlement of disputes. The OS platform
forwards duly filed complaints to the (according to
national law) competent ADR bodies (extrajudicial dispute resolution)
further. The use of the OS platform itself is free, in procedures above
the AS offices may charge the consumer (up to EUR 30.00)
arise if his application is abusive.
Link to the OS platform of the EU Commission: https://ec.europa.eu/consumers/odr
Our email address is: office@cookandgrill.at

§ 14. Information on electronic commerce
Technical steps to conclude the contract. See the explanations in section 3 of our terms and conditions.

  1. Contract text storage / printout
    The customer can save the text of the contract by saving the relevant website on his computer using the "Save as" function in his browser. The print function of his browser also gives him the option of printing out the text of the contract. We store the texts of the contract ourselves and make them available to the customer by email or post if requested.
  2. correction option
    The customer can correct his entries at any time during the ordering process by selecting the "Back" button in the browser and then making the appropriate change. By closing the web browser, the customer can cancel the entire ordering process at any time. Furthermore, the order overview before sending the online order also offers an additional correction option, to which the customer is informed.
  3. Language
    The language available for the conclusion of the contract is exclusively German.
  4. Code of Conduct
    We are not subject to any special code of conduct (set of rules).