- scope of application
- Conclusion of Contract
- Subject matter of the contract
- Prices and terms of payment
- Retention of title
- Right of withdrawal for consumers
- Final Provisions
DO & CO München GmbH (hereinafter referred to as "DO & CO") with its business address at Parkring 35, 85748 Garching operates an online shop for the sale of cakes on the website "www.doco-torten.com".
The business relations between the online shop operated by DO & CO (www.doco-torten.com) on the one hand and the buyer of goods (hereinafter referred to as the "Customer") on the other hand shall be governed exclusively by the General Terms and Conditions of Business set out below (hereinafter referred to as the "GTC") in the version applicable at the time of the respective order.
Deviating terms and conditions of the Customer shall not be valid unless DO & CO has agreed to them in writing or by e-mail before accepting the order. Agreements deviating from the General Terms and Conditions must be made in writing in order to be valid.
By placing orders, the Customer expressly accepts the GTC. All agreements, in particular also oral agreements with agents of DO & CO and orders placed by telephone shall require written confirmation.
The contract language shall be German.
The offers of DO & CO contained in the online shop on the website "www.doco-torten.com" are subject to change and non-binding.
By placing an order in the online shop, the Customer submits a binding offer to purchase the goods. By placing an order, the Customer expressly accepts these General Terms and Conditions. After receipt of the order by DO & CO, the Customer shall receive an e-mail with an order confirmation of the order placed by him to the e-mail address provided by him. This order confirmation shall be deemed to be acceptance of the offer, whereby the contract between the Customer and DO & CO shall be concluded immediately.
The subject matter of the contract shall be the goods ordered by the Customer and specified in the order confirmation at the prices shown in the online shop on the day of the order plus the delivery and handling charges shown separately.
DO & CO expressly points out that the photos on the homepage are sample photos and that the actual appearance of the goods may differ from these photos.
Orders can be placed around the clock, on weekdays as well as on Saturdays, Sundays and public holidays. Orders are only processed on weekdays (Monday to Friday). On Saturdays, Sundays and public holidays, no orders are processed and no dispatch takes place.
Orders must be placed by 16:00 on the working day preceding the day of dispatch (i.e. by 16:00 on Monday for dispatch on the following Tuesday or by 16:00 on Friday for dispatch on the following Monday).
Collection of the ordered goods by the customer at a DO & CO shop is not possible for online orders. Orders with subsequent collection by the customer shall be accepted by DO & CO exclusively by e-mail.
All prices are quoted in EURO and include the applicable statutory VAT (10% or 20%) and do not include the delivery and handling fee (see VI. point 4).
Payment for the goods ordered is made as part of the online ordering process or, if you collect the goods yourself, directly at the Allianz Arena in Munich.
Only the following credit cards are accepted as means of payment for orders in the online shop: Visa, Mastercard, Diners Club, AMEX, JCB. The following means of payment are available to the customer for pick-ups in the branch: Cash, debit card, credit card (Visa, Mastercard, Diners Club, AMEX, JCB).
The goods delivered shall remain the sole and unrestricted property of DO & CO München GmbH until the purchase price including all ancillary charges has been paid in full.
The liability of DO & CO München GmbH shall be limited to damages caused intentionally or by gross negligence. Any indispensable statutory liability provisions shall not be affected by this.
All products are checked by DO & CO München GmbH before being shipped or made available in the shop. The instructions on the shelf life and storage of the goods must be observed. If the goods purchased from DO & CO München GmbH are not properly stored by the customer or are not consumed until after the expiry of their shelf life, any warranty or liability on the part of DO & CO München GmbH shall be excluded.
The customer or a third recipient named by him shall inspect the goods for defects immediately upon receipt. If the goods received upon self-collection are damaged, an employee of the respective shop shall immediately assess the damage, otherwise a claim settlement shall be rejected. In the case of an online order, an employee of DO & CO München GmbH shall also immediately assess the damage, whereby the employee shall be informed of the damage immediately and demonstrably (e.g. by means of a corresponding photo by e-mail), otherwise a claim settlement shall be rejected. Subsequent claims will not be accepted.
Defects which cannot be discovered immediately despite careful inspection must be claimed immediately after their discovery, at the latest, however, within one working day after receipt of the goods, otherwise they shall be deemed to have been approved.
For consumer transactions within the meaning of the Consumer Protection Act (KSchG) or the Distance and Foreign Transactions Act (FAGG), the general warranty provisions, in particular those of the General Civil Code (ABGB), shall apply.
Contracts concluded in the online shop constitute distance selling transactions within the meaning of the FAGG.
Customers who are consumers in the sense of the KSchG have the right to revoke the contract concluded in the online shop within 14 (fourteen) days without stating reasons.
The revocation period begins as soon as the customer or a third party named by him has taken delivery of the goods. In the case of a purchase contract for several goods, the revocation period begins as soon as the customer or a third party named by him has taken delivery of the last partial shipment, the last goods or the last item. The revocation period is 14 (fourteen) days.
In order to exercise the right of revocation, the customer shall
DO & CO Munich GmbH
Tel: +49 (0) 89 32376-4300
The customer must inform us of his or her decision to revoke this contract by means of a clear declaration (e.g. letter or e-mail sent by post). To comply with the revocation period, it is sufficient for the customer to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
In the event of a revocation, the following revocation form shall be completed and returned to DO & CO München GmbH (Annex I Part B FAGG):
DO & CO Munich GmbH
Werner Heisenberg Allee 25
Tel: +49 (0) 89 32376-4300
I/we(*) hereby revoke the contract concluded by me/us(*) for the purchase of the following goods: Ordered on(*)/received on(*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if notice is given on paper):
(*) Delete as applicable.
Consequences of revocation:
If the Customer revokes the contract, DO & CO München GmbH shall repay all payments received from the Customer, including delivery costs and other fees, without undue delay and at the latest within 14 (fourteen) days from the day on which DO & CO München GmbH received the notification of revocation of the contract. For this repayment, DO & CO München GmbH shall use the same means of payment that the Customer used for the original transaction, unless expressly agreed otherwise; in no case shall the Customer be charged any fees due to this repayment. DO & CO München GmbH may refuse repayment until it has received the goods back or until the Customer has provided proof that the goods have been returned, whichever is the earlier.
The costs of the return shipment are to be borne by the customer.
The right of withdrawal is excluded in accordance with § 18 FAGG for distance contracts for goods that can spoil quickly or whose expiry date would be quickly exceeded (thus for all food, as well as home-made drinks) and for goods that are delivered sealed and are not suitable for return for reasons of health protection or for reasons of hygiene, if their seal was removed after delivery (thus for all drinks). Furthermore, the right of withdrawal according to § 18 FAGG is excluded for goods that are manufactured according to customer specifications or are clearly tailored to the personal needs of the customer or a third party named by the customer.
If individual provisions of the contract or these General Terms and Conditions are legally invalid, this shall not result in the invalidity of the entire contract or the entire General Terms and Conditions. The remaining content of the contract or the remaining GTC shall remain unchanged. Any invalid provisions shall be replaced by new provisions which aim at the same economic success.
The place of performance shall be the business address of DO & CO München GmbH in 85748, Garching, Parkring 35.
The competent court in Vienna shall have exclusive jurisdiction to decide on all disputes arising in connection with the contractual relationship. If the customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), this place of jurisdiction shall only be deemed agreed if the customer has his domicile, habitual residence or place of employment in this court district.
The contract shall be governed by Austrian law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) and to the exclusion of
the reference norms of private international law. If the customer is a consumer within the meaning of the KSchG, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
The use of texts, parts of texts, images or data from the website and their reproduction shall require the prior consent of DO & CO München GmbH.
All pictures used on this website are subject to copyright regulations and are the property of DO & CO München GmbH. Any use of these images is only permitted with the prior consent of DO & CO München GmbH.
Status November 2017