General Terms and Conditions of Business of Oswald Nahrungsmittel GmbH

1. Conclusion of the Agreement

The Agreement shall be established upon receipt of the goods.

2. Revocation information
a) Right of withdrawal

You may withdraw your contractual declaration within two weeks in text form without specifying reasons (e.g. letter, fax, e-mail) or – if the article has been made available to you before the expiry of the deadline – by returning the article. The deadline shall commence upon receipt of these instructions in text form, although not before the receipt of the goods by the recipient, and moreover not before the fulfilment of our duty to provide information.

To comply with the withdrawal deadline, the punctual dispatch of the revocation or of the article shall suffice. The withdrawal must be addressed to:

Oswald Nahrungsmittel GmbH
Branch Office Vorarlberg
Untere Bahnhofstrasse 14
A-6830 RANKWEIL
T (+43) 05522/48086
oswald.austria[at]oswald-info.ch

b) Consequences of revocation

In the event of an effective revocation, the performances which have already been rendered must be returned and any possible utilised benefits (e.g. interest) must be surrendered. If you are wholly or partially unable to return the received performance to us, or are able to return this only in a deteriorated condition, then you shall to this extent be required to provide us with compensation. In the case of the surrender of articles this shall not apply if the deterioration is attributable exclusively to the inspection thereof – such as you might have been able to perform, for example, in a retail store. In other respects you may avoid the obligation to compensate us for the deterioration in an article caused by proper utilisation by not utilising the article as if this were your own property and by refraining from all actions which impair the value thereof. Articles which are capable of being sent as packages shall be returned at our risk. You shall be required to bear the cost of the return consignment if the delivered goods correspond to the ordered items and if the price of the article which is being sent back does not exceed the sum of EUR 40.00 or, in the case of a higher priced article, if you had not yet rendered the counter-performance or a contractually agreed partial payment by the time of the revocation. In other respects the return consignment shall be free of charge for you. Articles which are not capable of being sent as packages shall be collected from your address. Obligations to reimburse payments must be performed within 30 days. The deadline shall begin for you with the dispatch of your revocation declaration, and for us with the receipt thereof.
End of the revocation information.

3. Prices and forwarding charges

The prices shown on the website apply to orders placed via the internet and contain the respective valid sales tax (= value added tax) at the time of the order).

Forwarding charges for Austria
€5.00 forwarding charges for orders worth up to €60.00 (purchase value).
No forwarding charges for orders worth more than €60.00.
Minimum order value €20.00.

Forwarding charges for Germany
€7.00 forwarding charges for orders worth up to €75.00 (purchase value).
No forwarding charges for orders worth more than €75.00.
Minimum order value €20.00

Forwarding charges for France, Italy, Belgium, Denmark, Finland, Greece, Great Britain, Ireland, Luxembourg, Netherlands, Portugal, Sweden, Slovenia or Spain
€11.00 forwarding charges for orders worth up to €120.00 (purchase value).
No forwarding charges for orders worth more than €120.00.
Minimum order value €20.00.

4. Delivery reservation

If an ordered article is unavailable, we shall be entitled to refuse the delivery. We shall inform you without delay if an article is unavailable. Counter-performances which have already been rendered shall be reimbursed without delay. Deliveries shall be made only within Germany, Austria, France, Italy, Belgium, Denmark, Finland, Greece, Great Britain, Ireland, Luxembourg, Netherlands, Portugal, Sweden, Slovenia or Spain.

5. Delivery

Any possibly specified delivery deadlines are essentially non-binding. We shall be liable only for adherence to delivery deadlines which have been confirmed in writing.

6. Terms and conditions of payment

The purchase price shall be due immediately at the time of the order placement. Payment shall be performed by credit card (Visa or Mastercard/Eurocard).

7. Reservation of title

Delivered goods shall remain our property until the full payment of the purchase price and of any possible ancillary performances.

8. Warranty, liability

a) Statutory warranty rules and warranty deadlines are applicable, with the exception that complaints must be made in respect of apparent defects in the goods within two weeks following receipt of the goods. In other respects we shall no longer be able to recognise apparent defects as defects. Furthermore, we may avert defect warranty claims by means of supplementary performances. Should these supplementary performances prove unsuccessful, then you may reduce the purchase price, or may choose to withdraw from the agreement.

b) Our liability for our own faults, as well as for those of our legal representatives and vicarious agents shall be limited to wilful intent and gross negligence. This shall not apply to breaches of essential contractual obligations, injuries to persons or the absence of guaranteed characteristics in the goods. Liability pursuant to the Product Liability Act remains unaffected.

9. Data protection

We undertake to treat all data required to process the transaction in a strictly confidential manner in accordance with the statutory provisions.

10. Applicable law and place of jurisdiction

The place of performance is the domicile of the seller. The place of jurisdiction is the court with material jurisdiction in Feldkirch/Vorarlberg.

11. Company information:

Oswald Nahrungsmittel GmbH – Branch Office Vorarlberg
Untere Bahnhofstrasse 14
A-6830 RANKWEIL


Executive Board: Nadja Nabholz, Thomas Unterthurner

T (+43) 05522/48086
H (+43) 06641/819966
oswald.austria[at]oswald-info.ch

Company registration No.: FN 34789 f
VAT No.: ATU 65812258

Bank account (AUT/EU)
RBS, The Royal Bank of Scotland
BIC: ABNAATWW
IBAN: AT09 1998 5000 2486 9007

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