Terms of service
General Terms and Conditions
General Terms and Conditions of Atelier Gruber GmbH
§1 General Provisions and Scope
These General Terms and Conditions govern the contractual relationship between Atelier Gruber GmbH (Managing Director: Renate Gruber) and the customer, in the version applicable at the time the order is placed. They apply to all deliveries within Austria, Germany and Switzerland.
§2 Conclusion of Contract and Payment Methods
The products and services presented online by Atelier Gruber GmbH merely constitute a non-binding invitation to the customer to submit an offer.
Goods ordered online may be paid for in advance, via PayPal or by voucher. If an online purchase is paid for using a voucher, the original voucher must be presented when the service is redeemed—particularly in the case of course bookings—and handed to the course instructor without being asked. Purchases made in our local shops may be paid for in cash, by debit card, credit card or voucher.
§3 Delivery
Where delivery is made by courier or post, the purchased goods will be sent to the address provided electronically by the buyer. When collecting fresh products in person, the buyer is required to collect the goods within their stated shelf life.
This applies to cakes and cupcakes. If the buyer does not collect the goods within this period, they shall not be entitled to compensation or newly prepared fresh goods. Biscuits must be collected within seven working days. If the goods are not collected within this period, the entitlement to the goods shall lapse and the purchase price will not be refunded.
Shelf life: Cupcakes have a minimum shelf life of 12 hours, while cakes have a shelf life of up to three days.
§4 Right of Withdrawal by Atelier Gruber GmbH
If, after the contract has been concluded, any of the objective reasons listed below applies, Atelier Gruber GmbH shall be entitled to withdraw from the contract with the customer with immediate effect:
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If Atelier Gruber GmbH does not receive the required supplies correctly or on time. This shall not apply where the failure to supply was caused by Atelier Gruber GmbH.
Atelier Gruber GmbH undertakes, wherever possible, to inform the customer immediately if the goods or services are unavailable. Any consideration already exchanged, particularly the full purchase price already paid by the customer, will be refunded immediately.
Atelier Gruber GmbH shall also be entitled to withdraw from the contract if the goods are not collected within the periods specified in §3.
§5 Leisure Activities Scheduled for Specific Dates
§5a Course Bookings and Admission or Trade Fair Tickets
A course booking or the purchase of an admission ticket for a specific date becomes binding as soon as the customer has successfully completed the ordering process. As this is a leisure activity scheduled for a specific date and time, neither cancellation nor attendance on an alternative date is possible pursuant to §5c(4)(2) of the Austrian Consumer Protection Act (KSchG) and §18(1), item 10, of the Austrian Distance and Off-Premises Contracts Act (FAGG).
If the customer is unable to attend the course, they may send another person in their place. We also offer cancellation insurance at a cost of €30 per course place. When paying by voucher, the original voucher must be brought to the course. The voucher code is valid and redeemable only upon presentation of the original voucher.
§5b Booking a Tea Party
A booking to attend a Candlelight Dinner or Tea Party becomes binding as soon as the customer has successfully completed the ordering process. As this is a leisure activity scheduled for a specific date and time, neither cancellation nor attendance on an alternative date is possible pursuant to §5c(4)(2) of the Austrian Consumer Protection Act (KSchG) and §18(1), item 10, of the Austrian Distance and Off-Premises Contracts Act (FAGG).
If the customer is unable to attend the Candlelight Dinner or Tea Party, they may send another person in their place.
§6 Liability for Defects
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In the event of a defect, the applicable statutory provisions shall apply. Atelier Gruber GmbH shall not be liable for any additional damage suffered by the customer as a result of a defective delivery.
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This exclusion of liability shall not apply to damage arising from injury to life, limb or health caused by an intentional or negligent breach of duty by Atelier Gruber GmbH or by an intentional or negligent breach of duty by its legal representatives or vicarious agents.
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Furthermore, this exclusion of liability shall not apply to any other damage caused by an intentional or grossly negligent breach of duty by Atelier Gruber GmbH or by an intentional or grossly negligent breach of duty by one of its legal representatives or vicarious agents.
§7 Retention of Title
The goods shall remain the property of Atelier Gruber GmbH until payment has been made in full.
§8 Set-Off
The customer shall be entitled to set off claims only if their counterclaims have been established by a final court decision or acknowledged by Atelier Gruber GmbH.
§9 Right of Withdrawal and Withdrawal Information
We expressly point out that no 14-day right of withdrawal applies, despite the contract having been concluded at a distance. This also applies to our vouchers and services, as well as to contracts concluded in person at our local shops.
§10 Cancellation Policy
As our edible products always have a very short shelf life and, in some cases, require lengthy lead times due to being handmade, 100% of the gross order value will be charged in the event of cancellation.
Section 5 applies to course bookings and bookings to attend a Tea Party.
§11 General Data Protection Regulation (GDPR)
All personal data collected during the online ordering process will be deleted immediately after the purchased goods or services have been received by the buyer or an authorised person. The Data Protection Officer of Atelier Gruber GesmbH is Ms Renate Gruber.
Atelier Gruber GmbH
Albertgasse 17
1080 Vienna
Austria
VAT ID: ATU 64958709 | Company registration number: FN 326766p