General Terms & Conditions
- These General Terms & Conditions apply to all deliveries of products such as the Imperial Torte, Vienna 1873/gift vouchers/gifts and other goods and services offered in our online shop. By ordering at our online shop the customer accepts the General Terms & Conditions for the above goods and services offered by Imperial Hotels Austria GmbH, 1015 Vienna (Imperial Torte, Vienna 1873).
- Any amendments or additional agreements shall only be valid if explicitly confirmed by the persons authorized to represent Imperial Hotels Austria GmbH as duly entered in the commercial register, and only apply to the agreed individual transaction. The above persons are the only individuals authorized to enter into additional agreements.
- Imperial Hotels Austria GmbH reserves the right to amend these Terms & Conditions at any time without prior announcement. The Terms & Conditions applicable to an individual agreement are those published on the website at the time of entry into the agreement.
- No customer terms and conditions shall apply (unless mutual) or be an integral part of the agreement under any circumstances.
- Invalidity of individual provisions of the present General Terms & Conditions shall not affect the validity of the other provisions and the agreements entered into on the basis of these. The invalid provision shall be replaced by a mutually agreed appropriate valid provision which most closely approaches the the economic effect of the invalid provision.
Entry into agreement, payment
- Contracts are only deemed to be entered into on personal acknowledgement by our company or delivery of the goods or services. Our acceptance of the order does not require separate notification to the customer. All our offers on the website and in the online shop itself are non-binding. Customer orders in the legal sense are subject to the offer, which is binding on the customer for three weeks. We reserve the right to accept only part of orders as necessary.
- We reserve the right to accept only part of orders as necessary.
- Orders in the online shop can only be executed if the customer has fully and correctly completed all obligatory fields (shown in bold) for the invoice address or different delivery address. All products selected in the online shop are temporarily saved in the personal shopping cart for the duration of the visit to the website. Before placing their order the customer is shown a list of the products in the shopping cart with the individual prices and total amount, which can still change or be further processed after entering the payment method. A personal greeting can be attached to this.
- After accepting the General Terms & Conditions, the customer is given a summary of all the order data entered. When confirming this the customer must enter their credit card information to place a binding order. An automatic email from the online shop confirms the order as received, although this does not mean that the order is accepted. Orders can only be processed during daily business hours, Monday-Friday to 10 p.m., except for public holidays in Austria, and can be shipped on the same day, if desired. Orders placed after the above time will be processed on the following working day.
- The internet is not a secure means of communication. Data sent over the internet may become known to and be modified by third parties. The customer is aware of this and bears the risk that data is not received as sent by the customer or at all. We have to proceed on the assumption that the data received is what the customer intended.
Prices and delivery costs
- All prices in the online shop are shown in euro (€), including VAT at the prevailing Austrian rate, but excluding delivery costs (see shipping), unless other delivery conditions are specifically shown. For deliveries abroad, the export and import duties for the relevant country are invoiced in addition.
- Shipping prices depend on the size, weight and quantity of products ordered and the destination. The following are guidelines for individual shipments:
Shipping information Shipping weight 1 kg 2 kg 4 kg Working days Austria 12 € 12 € 12 € 1-2 Europe 25 € 31 € 43 € 1-3 Germany 22 € 28 € 38 € 1-2 Non EU 33 € 41 € 55 € 2-4 USA, Canada 36 € 47 € 64 € 2-4 Japan 37 € 50 € 80 € 3-5 Other countries 38 € 51 € 81 € 4-7 Courier shipping service
Delivery on working days: Monday-Fridays 09:00 am – 5:00 pm
Shipment and delivery time
- Shipment within Austria and abroad is by courier service to the delivery address given in the order. The customer/purchaser bears the costs and risks.
- Delivery times shown are non-binding. In the event of failure to meet the delivery date the customer can only rescind the order if the delivery cannot be made despite written notice of at least two weeks. The delivery time shall be extended by the duration of the delay for all circumstances beyond the power of the parties. Reasons include force majeure, delay in transport and customs clearance, transport damage, unforeseeable disruption of operations, acts of public authorities, defective important production parts and industrial disputes.
- Partial deliveries (where possible) are legally permissible. Each partial delivery can be invoiced separately as an individual transaction.
Delivery, delivery address
The order will be delivered to the address given by the customer in the order. Unless the customer has entered a different delivery address in the online profile, the delivery is always made to the direct customer address. The customer undertakes by entering into the contract to enter all the data clearly identified (in bold) as obligatory fully and correctly, and is accordingly liable for all costs resulting to Imperial Hotels Austria GmbH (Imperial Torte, Vienna 1873) from incorrect, incomplete and unclear entries. The customer must also notify in writing without delay any changes in name and address or change in residence. If they fail to do so, any written notice sent to the last known address given by the customer is deemed to have been effectively delivered.
- Defects must be reported on delivery if possible or when they become apparent, although a failure to do so has no disadvantageous legal consequences to the customer as the consumer within the meaning of the Consumer Protection Act. If the customer is a merchant in the sense of Consumer Protection Act, they are obliged to inspect the delivered goods or service as performed on receipt without delay for completeness, correctness and other freedom from defect, and to complain in writing of any defect without delay at the latest five working days after receipt of the goods or service, failing which they lose any claims arising out of defects which are identifiable in a proper inspection.
- For any kind of delivery, claims for defects lapse within the statutory warranty period of two years from delivery or performance, regardless of the legal basis for the claims, and specifically warranty, compensation, special right of rescission. For consumers this period for legal defects only begins when the defect is identifiable.
- In the event of defect the customer can choose between correction and replacement. Only if neither of these is feasible can the customer demand an appropriate price reduction or cancellation of the contract. If we correct a defect, we do so at no charge, although we can require the customer to return the goods – as far as feasible – at our risk and cost. The customer is obliged to give us an opportunity to correct the defect.
- In the event of defect the customer may choose between correction and replacement. If a defect is corrected this shall be done free of charge or expense by Imperial Hotels Austria GmbH, although Imperial Hotels Austria GmbH may require that the customer send the goods (if feasible) to Imperial Hotels Austria GmbH at the latter’s risk and cost. The customer is obliged to give Imperial Hotels Austria GmbH the opportunity to correct or replace defective goods. The customer may only request appropriate price reduction or cancellation of the contract in accordance with statutory provisions if correction or replacement are impossible or infeasible, although the right of cancellation is excluded for minor defects. If we correct a defect, we do so at no charge, although we can require the customer to return the goods – as far as feasible – at our risk and cost. The customer is obliged to give us an opportunity to correct the defect.
Exclusion of liability, damages
Imperial Hotels Austria GmbH does not accept any liability regardless of the legal basis, and specifically for delay, infeasibility of performance, constructive violation of claims, violation of precontractual obligations (culpa in contrahendo), sequential damage from defects or tortious acts resulting from ordinary negligence by individuals for which Imperial Torte, Vienna 1873 is responsible. Customers who are merchants in the sense of the Consumer Protection Act must prove gross negligence or intent. For contracts with consumers, this exclusion of liability does not cover personal injury or damage to items accepted for processing.
Payment terms, security
- The following credit cards are accepted for payment: American Express, Mastercard, Visa, Diners Club, JCB. Invoices must be paid without delay before the start of the delivery time.
- Credit card information is collected on the internet in compliance with SSL and PCI and processed by the payment service provider. No credit card information is processed at the online shop itself. Subsequently the credit card data is automatically deleted.
- In the event of a delay in payment, the customer will be charged default interest on the invoice amount at six percentage points above the prevailing European Central Bank base rate.
- In the event of default by the customer on payment or performance Imperial Hotels Austria GmbH is entitled without prejudice to other rights to hold up deliveries until consideration is received, at which point the remaining delivery time starts to run again.
Imperial Hotels Austria GmbH is also entitled after appropriate notice to withdraw from the contract and demand damages for non-performance. In this case the customer must return the delivered items without delay at their cost to Imperial Hotels Austria GmbH. Imperial Hotels Austria GmbH reserves the right to claim damages for loss of value, wear and tear, compensation for its own transport costs, and other expenses, and has the right after withdrawing from the contract to claim or retain 20% of the invoice amount as minimum liquidated damages.
- In the event of violation of their contractual obligations, the customer is obliged to reimburse Imperial Hotels Austria GmbH for all the expenses for appropriate enforcement of its claims. The customer is liable for €5 for each reminder and €25 for preserving evidence of the debt in reminder proceedings. At the end of the statutory reminder proceedings the costs of collection agencies and attorneys must similarly be reimbursed.
- The customer can only offset claims in the event of the insolvency of Imperial Hotels Austria GmbH or in connection with uncontested or legally established claims. Merchants within the meaning of Consumer Protection Act can only enforce a right of retention in connection with the above claims.
Retention of title
Imperial Hotels Austria GmbH retains sole and unrestricted title in delivered goods and products or services until full payment of the price including all fees. Pending payment such goods and products or services remain a good held by the customer in trust which may not be sold, pledged, given or lent. The customer is not entitled to dispose of delivered goods and products without prior explicit approval and bears the full risk in every respect for the goods held in trust, and specifically for the risk of destruction, loss and deterioration.
Venue, applicable law, place of performance
- Vienna is the venue. The competent Austrian court for the Vienna 1st District is the venue for all disputes in connection with the contract. If the customer is a consumer in the sense of the Consumer Protection Act, 1010 Vienna is only venue if the customer has their residence, place of normal residence or place of employment in this district or if the customer lives abroad. Imperial Hotels Austria GmbH is entitled to proceed against the customer at their general venue.
- Legal relationships with the customer are subject solely to Austrian substantive law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and international conflict of law rules.
- The place of payment and performance for all liabilities and obligations arising out of the present agreement is the seat of imperial Hotels Austria GmbH, 1010 Vienna.
The customer consents to the data entered in the course of the order and its processing being collected, stored and used for the accounting of Imperial Hotels Austria GmbH and for internal market research and marketing purposes. Customer data is used only to comply with statutory regulations, to process payment and for advertising purposes.
For other information see the data privacy statement at https://www.imperialtorte.com/en/privacy-statement.
Right of withdrawal, right of cancellation
- Consumers within the meaning of section 1 (1) Consumer Protection Act may cancel a (distance selling) agreement within 14 days without giving reasons.
- The period for cancellation is 14 days from the date on which the customer or a third party designated by them who is not the carrier took possession of the goods.
- To exercise the right of cancellation, the customer must notify
by a clear declaration (e.g. letter sent by post, fax or email) of the decision to cancel the present agreement. The customer may use the following sample cancellation form, although this is not required.
- To meet the deadline for cancellation it is sufficient if the notification of the exercise of the right of cancellation is sent before the deadline.
- Consequences of cancellation
If the present agreement is cancelled Imperial Hotels Austria GmbH will reimburse all payments received from the customer including delivery costs (except for additional costs resulting from the choice of a form of delivery other than the most favourable standard form offered) without delay and at the latest within 14 days from the date on which the notice of cancellation of the present agreement was received at Imperial Hotels Austria GmbH. The reimbursement will be by the same means of payment used in the original transaction, unless explicitly agreed otherwise; no charge will be made for the reimbursement under any circumstances.
- In the case of purchase agreements which do not explicitly offer to collect the goods in the event of cancellation, Imperial Hotels Austria GmbH may refuse reimbursement until Imperial Hotels Austria GmbH has received the goods or the customer has provided proof that the goods were returned, whichever is earlier.
- The customer must return the goods without delay and in any event within 14 days from the date of notification of cancellation of the present agreement to
Imperial Hotels Austria GmbH
Kärntner Ring 16
The deadline is met if the goods are sent before the end of the 14-day period.
- The customer bears the direct costs of returning the goods.
- The customer must only pay for any impairment of the goods if this is due to treatment of the goods other than required to test the characteristics, properties and functioning of the goods.
- The right of cancellation does not apply to the following agreements for goods:
- which are made to customer specifications or clearly customised for personal needs;
- which can spoil quickly or whose shelf life would be quickly exceeded; and
- which are delivered sealed and are not suitable for return for reasons of protecting health or hygiene, if the seal was removed after delivery.