Confiserie Josef Holzermayr
General Terms and Conditions
We only work on our terms and conditions below, which the customer acknowledges by ordering the goods from this website.
An order can only be executed if the customer has completed the order form completely and correctly.
2. Data protection
Insofar as we have to collect and store personal data for the processing and execution of an order, we ensure its strictly confidential treatment in accordance with the statutory provisions. The customer agrees that the data disclosed in the course of ordering and order processing will be collected, processed, stored and used for the purposes of our accounting as well as for internal market research and marketing purposes. The data will be used by us to comply with legal regulations, to process payment transactions and for advertising purposes.
3. Prices, shipping costs
The shipping costs listed on the website (cash register) are valid when ordering via the Internet. We charge a shipping fee tray, which includes the weight, packaging, handling and transport route of the goods. From a certain value of goods we ship free of charge. The prices of the day of the order apply. For deliveries within Austria or to private individuals within the EU, 10% VAT is charged on the invoice amount.
Easy: Pay with just 2 clicks, without entering bank or credit card details (your PayPal account only needs to be set up once).
Secure: Your bank and credit card details will not be passed on to third parties. By the way, paying with PayPal is always free of charge for buyers.
This is how easy and fast payment works with PayPal: After selecting the payment terms “PayPal” and submitting your order to holzermayr.at, you will be automatically redirected to PayPal’s secure payment form. Please log in if you already have a PayPal account. Otherwise, click Set up account and follow the instructions.
By confirming your PayPal payment, the amount will be immediately credited to Josef Holzermayr. For more information about PayPal security, please visit www.paypal.at.
5. Retention of title
The goods remain the property of Josef Holzermayr until the purchase price and the shipping costs quoted in the checkout area have been paid in full. The customer is not entitled to dispose of these items without our prior express consent and bears the full risk for the goods entrusted to him in all respects, in particular also for the risk of loss, loss and deterioration.
6. Place of performance, transfer of risk, maturity
Josef Holzermayr fulfils its contractual obligations by sending the goods to the address specified by the buyer. The place of performance is Salzburg. The transfer of risk and the due date of the payment shall take place when the goods are handed over to the transport company. The choice of the transport company is the responsibility of Josef Holzermayr, whereby the transport route can be determined by the customer.
7. Dispatch if possible
The company Josef Holzermayr is only obliged by the purchase contract to send as far as possible. In cases of force majeure, operational disruptions, operational restrictions, traffic obstructionor or other delivery difficulties of any kind, Josef Holzermayr is entitled to withdraw from the purchase contract in whole or in part. The company Josef Holzermayr reserves the right to ship goods in midsummer (July/August), as due to the high temperatures a flawless delivery cannot be guaranteed.
Any defects that occur are unfavourable legal consequences for the customer, who is a consumer within the meaning of the Consumer Protection Act, in the event of omission – if possible at the time of delivery or after becoming visible. If the customer is an entrepreneur within the meaning of the Consumer Protection Act, he must immediately check the delivered goods or the service rendered after receipt for completeness, correctness and other defect-free defects and to report any defects in writing without delay, but at the latest five working days after receipt of the goods or service, in the event of any other loss of all claims due to him from any claims due to a proper inspection. Return is excluded because chocolate is food.
We do not accept any liability for damages for any legal reason, in particular due to delay, impossibility of performance, positive breach of claim, culpability at the conclusion of the contract, consequential damage to defects, defects or due to tort caused by slight negligence by us or persons for whom we are responsible. Customers who are entrepreneurs within the meaning of the Consumer Protection Act must prove the existence of gross negligence or intent. In the case of contracts with consumers, damages to the person and to items taken over for processing are excluded from this disclaimer.
10. Right of withdrawal
The customer, who is a consumer within the meaning of the KSchG, may withdraw from a contract concluded in distance or a contract declaration made at a distance until the expiry of the following time limits. It is sufficient if the declaration of withdrawal is sent within the time limit. The withdrawal period is seven working days, with Saturday not counting as a working day.
The period begins in the case of contracts for the delivery of goods on the date of receipt by the customer. If we have not complied with our information obligations in accordance with Sections 5d paragraph s. 1 and 2 KSchG, the withdrawal period shall be three months from the date specified in the previous sentence. If we comply with our information obligations within this period, this shall begin from the time of the transmission of the information by us the period specified in the previous sentence for the exercise of the right of withdrawal.
There is no right of withdrawal for:
Services the execution of which is started to the customer within seven working days (Section 5e paragraph 2 first sentence KSchG) from the conclusion of the contract, goods or services the price of which depends on the development of rates on the financial markets over which we have no influence, goods which are made according to customer specifications, which are clearly tailored to the personal needs which, by their nature, are not suitable for return that can quickly spoil or whose expiration date has been exceeded.
Thus, the customer has no right of withdrawal when ordering food, such as the Real Salzburg MozartKugel.
In the exercise of the right of withdrawal, we shall, in accordance with the exercise of the right of withdrawal, reimburse the payments made by the customer and to reimburse the necessary and useful expenses made by the customer on the item, the customer shall set aside the services received (whereby the direct costs of the return are to be borne by the customer in accordance with the agreement) and a reasonable fee for the use, including compensation for a related reduction in the common value of the service. , and the transfer of the services into the custody of the customer is not in itself to be regarded as a reduction in value.
This website and the descriptions and prices contained therein are compiled by us with the utmost care. Nevertheless, we cannot accept any liability for possible printing errors, technical changes to the goods or for the continued delivery capacity of all goods.
12. Place of jurisdiction
The exclusive place of jurisdiction for disputes arising from and in connection with the contract of sale, including its existence and after its termination, is the competent court in Salzburg. Josef Holzermayr may also bring an action before the court responsible for its registered office. As the place of jurisdiction for all disputes arising directly or indirectly from the contract, the Austrian court, which is local and competent for 5020 Salzburg, has agreed. If the customer is within the meaning of the KSchG, this place of jurisdiction shall only be deemed to have been agreed if the customer has his domicile, habitual residence or place of employment in this court or if the customer resides abroad. We are entitled to sue the customer at his general place of jurisdiction.
13. Governing Law
Austrian law applies to the sales contract to the exclusion of reference standards and the UN Convention on the International Sale of Goods.
Orders can only be placed by persons who have reached the age of 18.