1.General Terms and Conditions and Contractual Basis

1.1 The following terms and conditions serve as the basis for all business relationships between “Der süße Stopp” – Zoran Obradovic and its business customers. These terms and conditions apply to purchases made via our online platform as well as orders placed directly. Individual agreements require written confirmation from “Der süße Stopp.”

 

1.2 Company information:

”The Sweet Stop” – Zoran Obradovic

Address: Seepromenade 22, 6213 Pertisau, Austria

Contact: +43 (0) 664 321 83 91, info@dersuessestopp.com

Website: www.dersuessestopp.com

VAT identification number: [ATU76837513]

Member: WKO Schwaz and is subject to the provisions of the Trade Regulation Act

Business purpose: Trade 

District Court: Schwaz – Austria

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1.3 The personal designations used in these Terms and Conditions include all genders.

1.4 Contractual partners are companies that place orders with “Der süße Stopp” – Zoran Obradovic. By submitting their VAT identification number, they confirm their status as entrepreneurs in accordance with the Austrian Commercial Code (UGB). “Der süße Stopp” reserves the right to withdraw from the contract in the event of any deviations from this information.

1.5 “Der süße Stopp” reserves the right to amend or supplement these Terms and Conditions as needed. The Terms and Conditions in effect at the time of the order shall apply to the business relationship.

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2. Product offers and contract formation

2.1 Our product presentations in the “Der süße Stopp” online shop are subject to change and do not constitute binding offers. The exact specifications of the products can be found in the respective product descriptions at the time of ordering. Product images serve only as illustrations.

2.2 The products offered in our store are primarily intended for professional use and should be handled in accordance with the enclosed instructions and our guidelines. We strongly recommend that installation be carried out by qualified personnel.

2.3 Orders received through our online shop are considered an offer to purchase and require our confirmation. A purchase contract is concluded either with our express order confirmation or with the delivery of the goods. This applies in particular to products that are pre-ordered or must be manufactured according to special customer requests. In these cases, the contract is concluded after signature and mutual consent.

2.4 For custom-made products, special requests, and pre-orders, individual terms and conditions will be agreed upon with the customer. In particular, the regulations regarding advance payments and cancellation rights must be observed, which may differ from our usual terms and conditions with cooperation partners. The validity of the offers and the final prices will be precisely determined before the contract is signed.

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3.Scope

These Terms and Conditions apply exclusively to all deliveries and services provided by Der süße Stopp, unless expressly agreed otherwise. Deviating terms and conditions of the customer will not be recognized unless we have agreed to their validity in writing.

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4. Prices and payment terms

4.1 Pricing: The prices listed on our website and in our online shop are exclusive of statutory sales tax. In addition to the product prices, there are transport and delivery costs, which depend on the delivery location and the products ordered. For larger orders, delivery costs are negotiated individually with the customer.

4.2 Payment terms for stock items: Products in stock are ready for shipment after 100% payment has been received.

4.3 Payment terms for made-to-order items: For products that must be ordered or produced, production time is typically between one week and one month. Delivery time is typically 4-6 weeks. These items require a staggered payment: a 30% deposit upon ordering, another 30% before shipping from the factory, and the remaining balance a few days before delivery.

4.4 International Deliveries: Additional customs fees may apply for deliveries to certain countries.

4.5 Payment Methods: We accept payments via bank transfer by default. Other payment methods can be negotiated upon customer request. We plan to offer more payment options in the future.

4.6 Late Payment: In the event of late payment, the default interest stipulated in the contract will be charged. In addition, the client shall bear the costs of any necessary legal representation in accordance with the provisions of the Lawyers’ Fees Act (RATG).

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5. Guarantee and warranty and liability

5.1 Warranty Conditions: Our products, especially machines, come with a one-year warranty as standard, unless expressly agreed otherwise. Our customers will be informed in detail about the specific warranty conditions.

5.2 Warranty exclusion: We assume no liability for defects or damage caused by improper use or natural wear and tear. Notwithstanding this, statutory warranty claims remain in effect.

5.3 Statutory Warranty: The statutory warranty rights apply unless a warranty is excluded due to the nature of the product. The period for asserting material defects is reduced to six months from delivery of the goods. It is the customer’s responsibility to provide proof that the defect already existed at the time of delivery.

5.4 Inspection and Reporting of Defects: The customer is obligated to inspect the goods for defects immediately upon receipt and to report any defects found in writing within one week of receipt. Damage caused by incorrect or improper use by the customer, or if the damage does not affect functionality (e.g., minor scratches or color variations), is not considered a defect.

5.5 Exclusion of liability: We assume no liability for indirect damages, such as lost profits, loss of interest, or consequential damages, unless such damages were caused by gross negligence or intentional action on our part. This also applies to damages resulting from the delivery of defective goods or delays in delivery.

5.6 Special notes: Deviations in the performance of the products that are influenced by external factors such as power supply or ingredients used do not constitute a defect, provided that these deviations are in the single-digit percentage range.

5.7 Warranty Claim Procedure: In the event of a justified warranty claim, customers are asked to contact our customer service directly. We will then decide whether to remedy the defect, replace the product, or reduce the purchase price. We will cover the return shipping costs for defective goods, provided the warranty claim is justified.

5.8 Goodwill Services: Irrespective of statutory warranty rights, we endeavor, within the scope of our possibilities, to find customer-oriented solutions in the event of problems or dissatisfaction. Goodwill services are provided without acknowledgment of any legal obligation and do not affect statutory warranty rights.

5.9 Duty to provide information: We undertake to inform our customers about changes in legislation regarding guarantees and warranties that affect our products. This also includes information regarding the proper disposal of electrical and electronic equipment in accordance with the Waste Electrical and Electronic Equipment Act.

5.10 Customer Service Availability: Our customer service is available to answer questions, complaints, and reports regarding warranties and guarantees on weekdays from 9:00 a.m. to 5:00 p.m. You can find the contact details on our website.

 

6. Delivery, shipping and delivery conditions

6.1 General Delivery Terms: Ordered products will be delivered within the agreed delivery period to the address provided by the customer. Ownership of the goods is only transferred to the customer after full payment of all outstanding items.

6.2 Transport and delivery costs: Transport and delivery costs vary depending on the delivery location and the type of products ordered. While delivery costs are often included in the purchase price for standard products, they are billed separately for larger orders or custom-made products. The exact terms and conditions are agreed upon individually with the customer.

6.3 Delivery Times: Unless otherwise agreed, standard deliveries are dispatched within 5 business days of order confirmation. Products with different delivery times will be explicitly indicated on the product page. No claims can be made for delays that are not caused by gross negligence or willful misconduct on our part.

6.4 Special Orders: For large orders or products that are custom-made to customer specifications, we will provide transparent information about the estimated production and delivery times. The organization of delivery for such orders is handled in close consultation with the customer.

6.5 Insurance and Risk: The transport of all shipments is insured until handover to the customer. The risk of accidental loss or damage to the goods during transport is borne by our logistics partner until handover to the customer.

6.6 Default of Acceptance: In the event of non-acceptance of the goods by the customer (default of acceptance), we reserve the right to charge storage fees and to insist on fulfillment of the contract or, after setting a reasonable deadline, to withdraw from the contract. The customer shall bear the costs incurred due to the default of acceptance.

6.7 Disclaimer: We assume no liability for damages or delays beyond our control. This includes, in particular, events of force majeure or delays caused by the transport service provider.

6.8 Liability for Production and Supply Chains: We would like to point out that we assume no liability for delays or damages caused by third parties within the production and supply chain. This includes, in particular, delays in production, transport, or unforeseen events at our suppliers.

6.9 No Liability for Consequential Damages: Furthermore, we are not liable for any indirect or consequential damages that may arise from delayed delivery, such as lost revenue, business interruption, or other inconvenience to the customer. We recommend that our customers take this into account when planning and ordering and take precautions if necessary.

6.10 Communication in the event of delays: If we become aware of potential delays or problems in the production or supply chain, we will endeavor to inform our customers promptly in order to find a satisfactory solution together.

 

7. Right of withdrawal and cancellation conditions

7.1 Cancellation Fees: In the event of cancellation of the purchase contract by the customer, a cancellation fee of 25% of the total order amount will be due. However, if the cancellation occurs on our side, for example, due to non-compliance with payment agreements such as a lack of a down payment or bank guarantee, the cancellation fee will be 25% of the order amount.

7.2 Individual cancellation conditions: Different cancellation conditions must be agreed in writing at the time of conclusion of the contract.

7.3 Withdrawal in the Event of Production or Delivery Problems: Since we are not the manufacturer of the goods sold, we reserve the right to withdraw from the purchase contract should difficulties arise during production or delivery by the manufacturer through no fault of our own. In such cases, the customer is not entitled to any claims for damages.

7.4 Cancellation by the customer: Cancellations by the customer are only possible in exceptional cases and with our written consent. Approved cancellations will incur a fee of 25% of the purchase price. Please note that specially manufactured or specially ordered products are generally excluded from cancellation.

7.5 Limited right of withdrawal: A right of withdrawal only exists in cases provided for by law, in particular for products that are not suitable for return due to their nature. For products that are specially manufactured according to customer specifications and for which an advance payment has been made, there is no right of return unless the products are defective or do not meet the agreed specifications.

7.6 Processing Fees: An additional processing fee may be charged for processing cancellations, independent of the cancellation fees, to cover administrative expenses. The amount of this fee will be communicated transparently in advance.

7.7 Refund Policy: In the event of a valid cancellation or withdrawal from the contract, any payments already made will be refunded, less any applicable cancellation fees, within a specified period. The exact terms and timeframe for the refund will be determined in advance.

7.8 Documentation: Clients are encouraged to document all communication regarding cancellations or withdrawals in writing and to retain appropriate receipts. This ensures that all agreements are traceable and transparent.

7.9 Cancellation Consultation: Before canceling, we recommend consulting with our customer service to discuss possible alternatives or solutions. In some cases, we may be able to find a mutually satisfactory solution that makes cancellation unnecessary.

7.10 Order Adjustments: Should changes to an order become necessary, we strive to be flexible in responding to customer requests. However, changes to orders are only possible up to a certain point in the production process and may incur additional costs.

 

8. Intellectual Property

8.1 Copyrights: All content on our website and online shop, including text, graphics, logos, and images, is protected by copyright and is the property of us or our partners. Use without prior written consent is prohibited.

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9. Final provisions

9.1 Place of Jurisdiction: All legal disputes arising from the business relationship between us and the customer shall be subject exclusively to the competent court at the registered office of our company. Austrian law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.

9.2 Severability Clause: Should individual provisions of these Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by one that most closely approximates the original purpose.

9.3 Changes to the Terms and Conditions: We reserve the right to change these Terms and Conditions at any time. Changes will take effect upon publication on our website. Orders placed prior to the change will be subject to the Terms and Conditions in effect at the time of the order.

9.4 Communication: For effective communication, we ask our customers to notify us immediately of any changes to their contact details (especially email address) to ensure that important information reaches them.

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10. Consumer protection

10.1 Duty to provide information: We undertake to comply with all statutory information obligations towards consumers. This includes clear communication regarding prices, product characteristics, delivery times, warranty conditions, and the right of withdrawal before the conclusion of a contract.

 

11. Data protection and data security

11.1 Data Protection: We are committed to protecting the privacy of our customers and treating their personal data in accordance with the General Data Protection Regulation (GDPR) and national data protection laws. Customer data will be used exclusively for processing orders and will not be shared with third parties unless necessary for contract execution.

 

12. Dispute resolution

11.1 Online dispute resolution: We would like to point out that the European Commission provides a platform for online dispute resolution (ODR), which offers consumers the opportunity to settle disputes related to online purchases out of court.

11.2 Alternative dispute resolution: We are generally willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.

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12. Closing remarks

12.1 Customer satisfaction: Our primary goal is customer satisfaction. We always strive to respond to customer requests and needs and resolve any issues quickly and in a customer-focused manner.

 

These Terms and Conditions are written in German. Austrian law applies.

The place of jurisdiction and performance is the registered office of “Der süße Stopp”-Zoran Obradovic in Pertisau, Austria.

 

As of January 2024

Please note that these Terms and Conditions apply only to the deliveries and services of Der süße Stopp. Linked websites or third-party services may have different terms and conditions over which we have no control.