General Terms and Conditions (GTC)

1. scope of application

1.1. The following terms and conditions apply to all orders placed by a customer via the webshop of Fa. Café Hawelka GmbH also referred to as “Kaffee Rösterei Hawelka” (hereinafter referred to as “Seller”).

1.2. The contract language is German.

1.3. Our webshop is aimed exclusively at customers with residence or habitual abode in Austria.

2. conclusion of contract

2.1. The contract via the webshop runs through several steps, whereby at the end of the ordering process you will see a list of the goods ordered and the total price (including all additional costs). Until then, you also have the option of changing your order and correcting input errors. You only place a legally binding order when you click on the “Order with costs” button.

2.2. It is noted that the aforementioned order constitutes an offer on the part of the customer, whereas the advertising of the goods on our homepage does not constitute a binding offer.

2.3. As soon as an order is received from the customer, its receipt is confirmed by an automated e-mail. This does not constitute acceptance of the customer’s offer, unless it concerns the booking of a ticket for a coffee lecture, which takes place in the Café Rösterei Hawelka Shop (Dorotheergasse 7, 1010 Vienna). The order of a coffee lecture is considered a binding booking and is valid from the date of order. There is no right of withdrawal for these bookings. The ticket can be canceled free of charge by the purchaser up to 7 days before the booked date. To do this, the buyer must contact the seller via email at office@hawelka.at. Rebooking to another date is also possible up to 7 days before the start of the event. If the customer does not show up on the booked day of the event, the full price must be paid.

2.4. Acceptance of the contract is effected by an express declaration of acceptance or by dispatching the goods. In each case within a reasonable period not exceeding seven days. The customer is bound to his offer within this period.

2.5. If we are unable to fulfill a customer’s offer, we will endeavor to inform the customer as soon as possible. In particular, it may happen that ordered goods are temporarily out of stock or cannot be delivered for other reasons.

3. contract storage

3.1. The contract is stored electronically by the seller. The customer shall receive a confirmation of the contract on a durable medium (e-mail, paper) at the latest upon delivery of the ordered goods.

4. prices, payment & default of payment

4.1. In case of doubt, prices quoted in the webshop are inclusive of all taxes, including VAT. Shipping costs and other fees to be paid by the seller may be added to the prices quoted. In any case, the customer will be informed of the total price and its composition immediately before completing the order process.

4.2. In the case of delivery to a non-EEA country, the consumer shall bear all import and export charges as well as all customs duties, fees and charges associated with the delivery.

4.3. Payment of the purchase price is due immediately upon conclusion of the contract.

4.4. If the customer is in default with a payment, we are entitled to charge default interest of 5% for the period of default.

4.5. In addition, in the event of default, we shall invoice the customer for those costs that were necessary for us to take appropriate legal action (in particular collection and legal fees). In any case, we will charge at least a flat-rate processing fee of EUR 40 per case of default.

5 Delivery terms & deadlines, retention of title

5.1. The shipping costs shall be borne by the customer, whereby their amount shall be determined according to the actual costs of the seller. The amount of the shipping costs is itemized during the ordering process.

5.2. The goods will only be delivered after full payment has been received. Depending on the type of transfer, bank transactions can take several days (approx. 1 to 3 days).

5.3. After receipt of payment, the seller must deliver the goods to the consumer within a period of 30 days. If an order is placed by cash on delivery, the seller must send the goods so that they are ready for collection at the consumer’s post office within a period of 30 days.

5.4. If goods have been delivered without prior full payment, they shall be subject to retention of title until the purchase price has been paid in full. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract as long as the seller does not expressly declare such a withdrawal.

6 Warranty, guarantees & liability

6.1. It is recalled that statutory warranty claims may exist for the purchase of goods, the scope of which is determined by law and is not restricted by these GTC (cf. in particular §§ 922 ff. ABGB in conjunction with § 9 para. 1 KschG).

6.2. The customer can contact the following address to assert warranty claims: Café Hawelka GmbH, Dorotheergasse 6, 1010 Vienna, tel: +43 1 8022330, fax:+43 1 8022373, office@hawelka.at, whereby the customer is obliged to send the allegedly defective goods to the seller at the seller’s request. The associated costs shall be borne by the seller if the customer’s complaint was justified.

6.3. The seller’s liability for damages for property damage caused by slight negligence is excluded.

7. withdrawal/cancellation policy

7.1. For more information on any right of withdrawal or revocation, please click on the following link: Cancellation policy.

8. privacy policy, newsletter

8.1. We would like to point out that the following user data is stored by the webshop operator for the purpose of simplifying the purchasing process and for subsequent contract processing:

Name, date of birth, address, telephone number, e-mail, region, company information, VAT identification number, payment data.

The data is stored exclusively for the purpose of processing specific order transactions (including processing of payment and delivery) and to facilitate future order transactions for the customer by means of a personalized user account.

Data will only be transferred to third parties if this is necessary to process the order (e.g. payment data to a bank, address data to suppliers).

The website also uses cookies. If you do not wish to accept cookies, please change your browser settings accordingly. Please note that this may limit the functionality of the website. Within the scope of cookies, certain data (specifically: IP address, user account data, …) are stored in order to facilitate future ordering processes and to be able to create individualized advertising offers.

Data processing is carried out in compliance with the relevant statutory provisions, in particular the GDPR. of § 96 TKG and § 8 DSG.

8.2. The customer agrees to receive news from our company about our products, current offers and other company-related information by means of advertising e-mail (in particular newsletters).

The customer can revoke his consent to receive such e-mails at any time in the advertising e-mail sent to him or notify us at office@hawelka.at.

9. choice of law, place of jurisdiction

9.1 All contracts and agreements between the Seller and the Customer shall be governed by Austrian law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not apply if mandatory consumer protection regulations provide for this.

9.2 With regard to the place of jurisdiction, the competent court of the seller is agreed to have local jurisdiction. This does not apply if mandatory consumer protection regulations provide for this.

10. severability clause

10.1 Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the legally permissible provision that most closely reflects the purpose of the invalid provision. This shall not apply to consumers, insofar as mandatory statutory provisions prevent such a reduction to preserve the validity of the contract.