Information according to E-Commerce-law

GENERAL TERMS AND CONDITIONS (AGB´s) of the company Haas&Haas GmbH in the following called Haas&Haas

1. General

For business relations between Haas&Haas and the customer exclusively apply the following general terms and conditions in their effective version at the time of ordering. Differing conditions of the buyer are not accepted by Haas&Haas, except Haas&Haas explicitly agreed in writing to their validity.

Should the buyer be a consumer in the sense of § 1 of consumer protection laws (KSchG), the compelling terms of the KSchG take precedence in case of a contradiction between these conditions and the KSchG.

 

2. Conclusion of the contract

Your order represents an offer to us to conclude a contract of purchase. If you submit an order to Haas&Haas, we will send you an email that confirms that we received your order (order confirmation). This confirmation does not represent an acceptance of your offer but should only inform you that we received your order. A contract of sale is only reached when we send the ordered product to you. Products from the same order, which are not included in the dispatch are not included in the contract of sale.

Haas&Haas offers no products for purchase to minors. Our products for children too can only be bought by adults.

All our offers are not binding.

 

3. Right of withdrawal

The buyer, being consumer in reflects of the consumer's protection law, can cancel the contract on his part through announcement or by returning the goods within 7 working days after receiving them. Saturdays are not working days. For Germany applies a right of withdrawal of 14 days. The term begins at the earliest with receipt of the goods and not before this instruction is received. It is sufficient when the cancellation is sent within the term.

3.1. Austrian Right of withdrawal

The buyer, being consumer in reflects of the consumer's law for the protection, can withdraw from a contract closed during the distant sales or a contract declaration issued during the distant sales up to the expiry of the in the following called term. The customer can withdraw by announcement or by return of the product within 7 working days on receipt of the product from the contract. Saturdays are not working days. The term begins at the earliest with receipt of the product and not before preservation of this instruction. It is sufficient when the cancellation or the product is sent within the term.

The customer has to bear the regular costs of the return provided that the delivered product corresponds to the ones ordered.

The cancellation is to be directed to:

Haas&Haas, Rankgasse 18, 1160 Wien, Austria
E-mail (info@haas-haas.at) Fax (0043 (0) 1 493 19 94)

Return address:
Haas&Haas A-1170 Wien Wattgasse 48, Austria

In case of return the contract is either cancelled completely or partly. After receiving the returned goods already received payments are credited minus possible transport, discount and transfer expenses paid by us. The transfer is made to an account announced by you or to your credit card account. If we have no payment details, we will send a cheque. You will be informed via e-mail about your credit entry and the way in which the amount is returned.

Should the goods show traces of usage or damage when returned, we keep the right to claim for compensation.

According to § 5f consumer protection law there is no right of return for  the goods which are made after customer specifications cut unambiguously on the personal needs or those not suitable on grounds of their state for a return, which are fast pernicious or whose expiry date would be crossed. Furthermore the right to rescind is excluded according to §5 clause 1 / 7 consumer protection law for the delivery from food, drinks or other budgetary objects of the everyday need (so-called "house deliveries").

The return of food is also problematically in this respect as to us possibly the flawless quality of sent back goods is not to be guaranteed with a resale.

Please take into account when returning goods:

 Always send the respective product complete including original packing back to us

 Enclose a copy or the original invoice and – voluntarily - make a note why you are returning the product on it

 If you keep a product of your parcel and only return others, mark the products you want to keep on the enclosed (copy of your) invoice.

 Basis for the credit entry is the value of the delivered goods at the time of sale.

 To maintain the deadline for returning it is sufficient to send the parcel in time or announcement of your right of return via e-mail (info@haas-haas.at), Telefax (0043 (0) 1 493 19 94) or telephone (0043 (0) 1 493 20 29) within the deadline. However, the actual return has to follow not later than the next working day after announcing that you are going to return the goods.

3.2. German revocation right

Revocation instruction
Valid for consumers in accordance with § 13 BGB with place of residence in Germany

The customer is able to revoke his contract explanation within 14 days without giving reasons in Text form (e.g., letter, fax, e-mail) or – if the thing is dispatched to you before the deadline – also by return of the thing recant. The term begins on receipt of this instruction in text form.

For the protection of the cancellation term the timely sending of the cancellation or the thing is enough.

The cancellation is to be directed to:

Haas&Haas, Rankgasse 18, 1160 Wien, Austria
E-mail (info@haas-haas.at) Fax (0043 (0) 1 493 19 94)

Return adress:
Haas&Haas, Wattgasse 48, 1170 Wien, Austria

Consequence of cancellation
In case of an effective cancellation the performances already received on both sides are to be refunded. If you are not or only partially able to return the received performance/goods as well as uses (e.g., use advantages) you are obliged to provide us a value substitute. For the deterioration of the thing you must pay value compensation only, as far as the deterioration on a contact with the thing exceeds the check of the qualities and the functionality . „Check of the qualities and the functionality“ is defined as testing and trying out the respective product, how it would be possible and usual in the retail shop.

Package dispatch capable things have to be returned on our risk. You have to bear the regular costs of the return, if the goods ordered correspond the ones delivered and if the price of the thing to be returned doesn't exceed an amount of 40 euros or, at a higher price of the thing, if you haven't produced the service in return or a partial payment agreed on by contract at the time of the revocation yet. The return otherwise is cost-free for you. Sending  costs as well as sending back costs (at a goods value of over 40 euros) are replaced only up to the height of the standard costs. Not package dispatch capable things are collected from you. Obligations to the refund of payments must be met within 30 days. The period starts for you with the dispatch of your revocation explanation or the thing, with the reception for us.

Exclusion of the revocation right
According to § 312 d (4) and others revocation right is excluded for the goods which are made after customer specifications cut unambiguously on the personal needs or those not suitable on grounds of their state for a return, which are fast pernicious or whose expiry date would be crossed.

Furthermore according to §312 B Civil Code (3) fig. 5 the regulations about distant sales contracts don’t apply on contracts about the delivery of food, drinks or other budgetary objects of the everyday need which are delivered in the residence, in the place of residence or in the workplace of a consumer by enterprisers on a frequent and regular basis.

 

4. Prices

4.1. The quoted prices are for end consumers. All prices (if not quoted otherwise) are in EURO and include the Austrian VAT not including dispatching costs. Excepting changes of price and errors.

4.2. Our wholesale trade department is responsible for retailers or gastronomy-bulk buyers. Please contact Ms Arocker (mailto:office@haas-haas.at)%20T Tel.:+431 493 20 29 11 Fax: +431 493 19 94.

4.3. Should Haas&Haas raise the price of the concerning product in general in the time between completion of the contract and delivery, Haas&Haas is entitled to charge for the raised price. In this case the principal / buyer can immediately withdraw after announcement of the price increase in writing, by e-mail or by fax from the contract. Rises of additional costs like cargo rates, insurance premiums, to duties etc., entitle Haas&Haas to make corresponding price increases, without entitling the principal / buyer to rescind.

 

5. Delivery & minimum order quantity

Minimum order quantity is the amount of € 20,00.

Free of forwarding costs within Austria starting from a goods value of € 40,00 except wine. By dispatch cash on delivery plus the COD charge of € 4,20.

If not agreed otherwise, delivery is ex warehouse to the delivery address given by the buyer. Information about delivery times is without guarantee, as far as a delivery date has not been exceptionally accepted definitely.

In case the ordered product is in stock domestic deliveries occur according to experience within about 5-7 working days, deliveries in EU countries possibly within 7-10 working days. If a supplier of  Haas&Haas does not supply Haas&Haas with the ordered goods despite of being under contract, Haas&Haas has the right to withdraw from the contract. In this case the buyer will be informed immediately that the ordered product is not available. An already paid purchase price will be immediately refunded.

Forwarding expenses are calculated from postage or transportation charges charged to us by the carrier plus 20% VAT.

Reservation of delivery.

We deliver while stocks last.

 

6. Terms of payment and delivery

CREDIT CARD

We gladly accept your payment by credit card - Visa and Master Card. The whole processing of the payment is taken over by the Payment service provider OGONE and guarantees for the fact that with us credit card data neither are processed nor stored. With every order a renewed input of the payment data is necessary.

PAYPAL

Equal conditions are valid for the payment by Paypal.

CASH ON DELIVERY (COD):

You pay the invoice total on delivery to the postman. Because of higher charges for COD deliveries these are charged with an additional € 4,20 and are only possible in Austria.

ADVANCE PAYMENT

Please transfer the total amount given at the end of the order to our account 7228005 with PSK BLZ: 60000 SWIFT: OPSKATWW IBAN: AT116000000007228005 in the name of the company Haas&Haas GmbH.

Haas&Haas reserves the right to exclude certain methods of payment in individual cases.

Unfortunately payment by sending cash or cheques is not possible. We exclude liability if lost.

 

7. Data protection

The transfer of your personal information is done with a special encoding method. With this we explicitly declare that your personal information will not be used for external purposes and will not be passed on to a third party.

 

8. Reservation of title

The delivered goods belong to our company until complete payment of the purchase price and all other charges. If default of payment occurred with preceding deliveries, we reserve the right to withdraw from the contract of sale.

 

9. Guarantee and liability

9.1. Guarantee

The general guarantee regulations, in particular that of the general civil law code (ABGB) are valid for consumer shops for the purposes of the consumer's law for the protection (KSchG).

The guarantee period is 24 months from delivery of the goods. You have to inform us in writing of obvious faults not later than 14 days after receiving the goods. In case of guarantee Haas&Haas is entitled to repair the damage, a compensation delivery or refund of the purchase price. If repair or compensation delivery fails, the buyer can withdraw from the contract. Additional demands of the buyer, especially claims for damages, are excluded as for as the damage has not been caused deliberately or grossly negligent by Haas&Haas.

Guarantee for food is limited to the period until the use-by-date given on the package under proper storage.

9.2. Liabilities

The liability of Haas&Haas is limited to such damages which are caused deliberately or roughly negligently. Possible indispensable legal liability regulations are not touched through this.

Haas&Haas assumes no liability for the uninterrupted availability of the Internet presence and for technical or electronic mistakes of the online offer.

The customer commits himself to keep secret his password, to inform of it no third, or to make accessible in otherwise unauthorized. Haas&Haas is not liable for damages which originate from the fact that unauthorized make purchases with the help of the password of a user. Haas&Haas assumes no liability for damages which originate from the acceptance of packages by third people.

 

10. Damages in transit

The risk of the coincidental decline and the accidental deterioration of the product passes to the customer at the latest in the handing over. Regardign the sending purchase the danger of the coincidental decline and the accidental deterioration of the product as well as the delay danger passes over to the forwarding agent, the carrier or, otherwise, the person concerned with the implementation of the sending. It is on a par with the handing over if the buyer is in the delay of the acceptance.

 

11. Place of performance, legal domicile and legal system

11.1. For contracts with companies according to §1 KSchG Vienna will be agreed upon as place of performance for deliveries and payment.

11.2. For any differences from or in connection with this business connection the responsible court for Vienna will be exclusively agreed on.

11.3. Law of the Republic of Austria is effective. Regulations of the Uncitral-purchase law will be amicably excluded.

 

12. Copyright

The Haas&Haas web pages are copyright protected. The software is only allowed to be copied, worked on and decompiled within the framework of regulations of §40 UrhG (copyright law). Every copy, circulation and other use of this software exceeding own private use is explicitly prohibited to the user.

Shop, pictures, texts, domains and hosting are property of Haas&Haas.

Imitation - even in extracts - is only allowed with the permission of Haas&Haas. All illustrations are protected by §§ 40 - 72 of copyright law.

 

13. Miscellaneous

Possible inoperativeness of particular regulations leaves the validity of all other terms of business unaffected. An effective regulation, which comes closest to the unaffected regulation in sense and purpose, legally and economically, takes over the place of this unaffected regulation.

IMPRESSUM

Haas&Haas GmbH

Einzelhandel mit Waren aller Art und Gastgewerbe

UID-Nr.: ATU15699304
FN: 100864
FB-Gericht: Wien

Sitz: 1160 Wien, Rankgasse 18 | Austria

Tel.: +43 1 493 20 29
Fax.: +43 1 493 19 94
E-Mail: office@haas-haas.at

 

Member of WKÖ, WKW, Handelskammer

Director: Dkfm. Peter Haas

Company share: 75% Dkfm. Peter Haas, 25% Dkfm. Eva Haas

Content: Information about tea

On the pages of the company Haas&Haas are links to other sites. For all those links the following statement applies:

"We want to explicitly point out that our company had no influence at all on the design and/or the content of the given sites. That is why with this we distance ourselves from all contents of all linked pages on this website including all sub-pages. This declaration is for all the links mentioned on our homepage and for all contents of the sites, to which the links or banners lead."

 

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