General Terms and Conditions Sweet Depot DG GmbH
- Scope & contractual partner
1.1 These general terms and conditions (GTC) apply to all contracts concluded between Sweet Depot DG GmbH and your company (“customer”), in particular for orders via our website and our online shop. Deviating regulations only apply if they have been agreed in writing between Sweet Depot DG GmbH and the customer. The customer agrees that in case of doubt, the terms and conditions of Sweet Depot DG GmbH are to be assumed if the terms and conditions of the customer are not contradicted.
1.2 Website Owner sweetdepot.at as well as the contractual partner of the customer
SWEET DEPOT DG GmbH
Franz-Werfel-Strasse 6,
3100 St. Pölten
Austria
UID: ATU 76805067
www.sweetdepot.at
Email: office@sweetdepot.at
1.3 Names of persons include women and men equally.
1.4 The contractual partner (“customer”) of Sweet Depot DG GmbH is basically the company that places the order. By providing his UID number, the customer confirms that he is an entrepreneur within the meaning of § 1 UGB. Should the opposite turn out to be the case, Sweet Depot is entitled to withdraw from the contract at any time.
1.5 Subject to change: Sweet Depot DG GmbH is entitled to update and adapt the GTC (“Change”). The general terms and conditions valid at the time of the order apply, which can be accessed at sweetdepot.at/allgemeine_business_conditions/.
1.6 Place of performance: The Austrian company headquarters of Sweet Depot DG GmbH is the place of performance.
- Offers and contract conclusion
2.1 All offers from Sweet Depot DG GmbH on their website or in the online shop are subject to change and non-binding with regard to the availability of the products. For details on the products, please refer to the product descriptions available at the time of ordering. Images of the products are only symbolic photos.
2.2 The products are basically products for commercial use. Accordingly, individual machines are supplied, for example, with the corresponding power connection cable, but without a plug. The customer cannot derive any claims against Sweet Depot DG GmbH from this. All ice machines must have an extra fuse and the ice machines must be properly and directly connected. Sweet Depot recommends having the connection made by a licensed specialist company (electrician). This also applies to point 7.3. We are happy to provide a selected technician on a flat-rate basis.
2.3 The presentation of the products in the online shop does not yet represent an offer from Sweet Depot DG GmbH. The customer only makes a binding offer by placing an order.
2.4 The sending of an electronic order confirmation by Sweet Depot DG GmbH does not constitute acceptance of the offer. A contract is only concluded with the express acceptance by Sweet Depot (e.g. through a delivery notification or at the latest by handing over the goods to the carrier or customer or collection of the goods by the customer).
2.5 If Sweet Depot DG GmbH sends the customer an offer at his request, Sweet Depot DG GmbH is bound to it for 7 working days from the date of issue, unless otherwise agreed in writing.
2.6 Cost estimates are generally chargeable. A fee paid for the cost estimate will be credited if an order is placed on the basis of this cost estimate.
- Prices, shipping costs & terms of payment
3.1 Prices: The prices shown on the Sweet Depot DG GmbH website on the day of the order apply. This also applies to repeat orders that are not placed via the website.
3.2 Unless expressly stated otherwise, the prices are net prices excluding VAT, excluding shipping costs and excluding packaging (eg pallets). You can find the shipping costs in our shipping costs overview: https://sweetdepot.at/versand-lieferung/Kosten the customer must always bear a separate shipment (eg express).
3.3 Unless otherwise agreed, Sweet Depot DG GmbH is entitled to charge for changes to orders or additional orders at reasonable prices.
3.4 In principle, the customer has to bear all import and export expenses including any customs duties, fees and charges in full. This applies in particular to a delivery to a non-EEA country.
3.5 Payment methods: We generally accept the following payment methods:
- Advance payment
- PayPal
- Credit cards (VISA, Mastercard)
- IMMEDIATE RELEASE
3.6 Sweet Depot DG GmbH reserves the right to reject individual payment methods without giving reasons.
3.7 Default interest & collection costs: In the event of default of payment, 10% pa will be charged. Sweet Depot DG GmbH reserves the right to claim additional damages. In addition, according to the RATG, the customer must bear the costs incurred through the necessary intervention of a lawyer.
3.8 Payments received by Sweet Depot DG GmbH are first offset against interest, then against interest and incidental expenses and finally against the outstanding capital.
3.9 Official company name and changes to the billing address: The official company name of the buyer must be stated with every order. For subsequently requested changes to the billing address or other invoice corrections, we charge a flat rate of €5 per change.
- Retention of title
4.1 The goods remain the property of Sweet Depot DG GmbH until full payment has been made. If the customer defaults on payment, Sweet Depot DG GmbH is entitled to assert its rights from the retention of title. The assertion of the retention of title only constitutes a withdrawal from the contract if this is expressly declared.
4.2 If the customer resells the goods, he hereby assigns all claims from the resale against a third party up to the amount of the agreed purchase price, including delivery costs and any reminder fees and default interest, to Sweet Depot DG GmbH, regardless of any default in payment. In this case, the customer must inform his customer and transmit the necessary data to Sweet Depot DG GmbH so that it can assert its claims.
- Delivery & default of acceptance
5.1 Delivery time: Unless otherwise agreed, Sweet Depot DG GmbH endeavors to dispatch the goods within 5 working days after confirmation of the contract. In the case of already known, deviating delivery times, there is a note on the respective product page. The buyer has no claims from a delay in delivery, unless this was caused by gross negligence or willful intent on the part of Sweet Depot.
5.2 Delivery: The delivery is made either by a logistics partner selected by Sweet Depot DG GmbH (recognized transport company) or by Sweet Depot itself. Sweet Depot DG GmbH reserves the right to deliver the order in partial deliveries. Sweet Depot will bear any additional costs incurred as a result. The customer bears the risk of transport.
5.3 Default of acceptance: If the customer is in default of acceptance, Sweet Depot DG GmbH is entitled to store the goods. A storage fee of €5 per calendar day or part thereof will be charged for this. At the same time, Sweet Depot DG GmbH remains entitled to insist on fulfillment of the contract. This does not release the customer from his obligation to pay. Alternatively, Sweet Depot DG GmbH is entitled to withdraw from the contract after setting a reasonable grace period (e.g. 14 days) and to use the goods elsewhere; in this case, a contractual penalty of 30% of the invoice amount, but at least € 500, applies as agreed. The costs incurred as a result of the default in acceptance (e.g. return transport, renewed delivery, legal fees and dunning costs) are to be paid by the customer in any case.
- Right of withdrawal
6.1 Due to the fact that Sweet Depot DG GmbH is not the manufacturer of the goods to be delivered, Sweet Depot DG GmbH reserves the right to withdraw from the contract if difficulties arise in the manufacture or delivery through no fault of Sweet Depot DG GmbH reveal the producer of the goods. The customer cannot derive any claims (e.g. damages) from this.
6.2 In the event of a cancellation by the customer, cancellations are only possible in exceptional cases and require the written consent of Sweet Depot DG GmbH. Unless otherwise agreed, a cancellation fee of 30% of the purchase price will be charged if the cancellation is approved. Please note that special products, especially those made to order individual orders or specially ordered products, cannot be canceled as a matter of principle.
- Liability, warranty and compensation
7.1 Insofar as a warranty cannot be excluded due to the product, the provisions on the statutory warranty apply, whereby the period for asserting any material defects against Sweet Depot DG GmbH is reduced to six months. The buyer has to prove that the defect existed at the time of delivery.
7.2 The customer must examine the goods taken over immediately for any defects and, if such defects are found, inform Sweet Depot DG GmbH immediately and in writing (at the latest within three days of takeover) or make a note of this to the supplier upon takeover. During this period, however, the customer must store the possibly defective product adequately and without risk of any damage at his own expense. The customer assumes the related expenses.
7.3 Defects in the goods do not include damage caused by the customer through improper handling or treatment contrary to the contract or due to non-observance of the manufacturer's operating instructions. Likewise, properties of the goods are not considered defects if they do not impair the functionality of the goods and also do not visually represent any impairment relevant to the intended use (e.g. scratches on the housing of an ice machine, different color or noises from machines/noise level). Likewise, a missing plug does not count as a defect (see point 2 above). Deviations from the specified maximum producible amount of ice cream (litres) in the single-digit percentage range are also possible due to external factors that cannot be influenced by Sweet Depot DG GmbH (e.g. power supply, proportion of whipped cream, etc.) and do not constitute a defect.
7.4 Complaints based on statutory warranty claims or other complaints must be made in writing using the contact details given in the imprint.
7.5 Sweet Depot DG GmbH is liable for personal injury caused by at least slightly negligent and illegal behavior on the part of Sweet Depot. In addition, Sweet Depot DG GmbH is only liable if the customer can prove at least grossly negligent behavior on the part of Sweet Depot.
7.6 In particular, Sweet Depot DG GmbH is not liable for indirect damage, loss of profit, loss of interest, missed savings, consequential damage and financial loss or damage from third-party claims. This also applies in particular in the case of delivery of defective goods or delay in delivery.
7.7 If - for whatever case - a penalty has been agreed at the expense of Sweet Depot DG GmbH, this is subject to the judicial right of moderation and the assertion of a claim for damages in excess of the penalty is mutually excluded.
7.8 Any liability on the part of Sweet Depot DG GmbH expires six months after the customer has become aware of the damage and the damaging party, in any case three years after the service or delivery has been rendered.
7.9 Any recourse claims made against Sweet Depot DG GmbH under the title “Product Liability” within the meaning of PHG are excluded unless the person entitled to recourse proves that the error was caused by Sweet Depot and was at least the fault of gross negligence .
7.10 The illustration can differ slightly from the original.
- Offsetting and retention
8.1 Offsetting against our claims with counterclaims - of whatever kind - is excluded.
8.2 Justified complaints do not entitle you to withhold the entire amount, but only an appropriate part of the invoice amount.
- Written form and confidentiality
9.1 All agreements, subsequent changes, additions, subsidiary agreements, etc. must be made in writing to be valid, an e-mail being sufficient.
9.2 The customer undertakes to keep secret the knowledge he has received from the business relationship towards third parties. The disclosure of data that is not publicly known (e.g. price conditions, technical documents, etc.) entitles Sweet Depot DG GmbH to assert a penalty of € 1.500 per violation. The assertion of further damage remains unaffected.
- Naming for reference
10.1 The customer agrees to the mentioning of his name or company name as a reference on the website or in other documents or in any other external communication from Sweet Depot DG GmbH. This also includes the use of the corresponding company logo.
10.2 The customer can object to this use for the future at any time and without giving reasons. There is no entitlement to the destruction of advertising material that has already been produced and / or put into circulation.
- Applicable law, place of jurisdiction & severability clause
11.1 Austrian substantive law applies exclusively to the exclusion of the UN sales law. The contract language is German.
11.2 The competent court in Sankt Pölten is responsible for deciding all disputes arising from this contract. However, Sweet Depot DG GmbH reserves the right to sue at the customer's general place of jurisdiction.
11.3 Should any provision of these terms and conditions be or become fully or partially legally ineffective or unenforceable, this shall not affect the legal effectiveness of all other business provisions. The contracting parties will replace the legally ineffective or unenforceable provision with an effective and enforceable provision that comes as close as possible in terms of content and purpose.
- Privacy notice
12.1 The protection of your data is important to us. You can find details on this in our data protection declaration, available at Privacy notice.
8.1 Offsetting against our claims with counterclaims - of whatever kind - is excluded.
8.2 Justified complaints do not entitle you to withhold the entire amount, but only an appropriate part of the invoice amount.
- Written form and confidentiality
9.1 All agreements, subsequent changes, additions, subsidiary agreements, etc. must be made in writing to be valid, an e-mail being sufficient.
9.2 The customer undertakes to keep secret the knowledge he has received from the business relationship towards third parties. The disclosure of data that is not publicly known (e.g. price conditions, technical documents, etc.) entitles Sweet Depot DG GmbH to assert a penalty of € 1.500 per violation. The assertion of further damage remains unaffected.
- Naming for reference
10.1 The customer agrees to the mentioning of his name or company name as a reference on the website or in other documents or in any other external communication from Sweet Depot DG GmbH. This also includes the use of the corresponding company logo.
10.2 The customer can object to this use for the future at any time and without giving reasons. There is no entitlement to the destruction of advertising material that has already been produced and / or put into circulation.
- Applicable law, place of jurisdiction & severability clause
11.1 Austrian substantive law applies exclusively to the exclusion of the UN sales law. The contract language is German.
11.2 The competent court in Sankt Pölten is responsible for deciding all disputes arising from this contract. However, Sweet Depot DG GmbH reserves the right to sue at the customer's general place of jurisdiction.
11.3 Should any provision of these terms and conditions be or become fully or partially legally ineffective or unenforceable, this shall not affect the legal effectiveness of all other business provisions. The contracting parties will replace the legally ineffective or unenforceable provision with an effective and enforceable provision that comes as close as possible in terms of content and purpose.
- Privacy notice
12.1 The protection of your data is important to us. You can find details on this in our data protection declaration, available at Privacy notice.
