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General terms and conditions

§ 1 Scope of validity
The general terms and conditions version valid at the time of order placement applies exclusively to the business relationship between “Kochen & Kunst” and the customer. “Kochen & Kunst ” does not accept the validity of any deviating customer conditions unless “Kochen & Kunst ” has agreed to the validity of these in writing.

 § 2 Conclusion of contract and withdrawal
„Kochen & Kunst“ hereby undertakes to accept the order of the customer to the conditions of the web site. In the event of spelling, printing and calculating errors on the web site „Kochen & Kunst“ is entitled to withdraw from the agreement.
Should the supplier of  „Kochen & Kunst“, in spite of contractual obligations, not deliver the ordered goods to „Kochen & Kunst“, „Kochen & Kunst“, is also entitled to withdraw from the agreement. In this case the customer will be informed immediately that the ordered product is not available. The paid purchasing price
will be reimbursed immediately.

§ 3 Delivery
If no other terms have been specified the goods will be delivered ex warehouse to the delivery address stated
by the customer. Stated delivery times are not binding, unless a binding delivery date has been given in writing in exceptional cases.
Special attention to shipments outside the European community: Costs for customs duty or tax may arise, these are the sole responsibility of the customer.

§ 4 Course Registration
With reservation of a course 50% of the course fees are to be paid. Only on receipt of this sum the reservation of the course is valid as confirmed. Should a course be already booked fully, and the customer should already have made the advance payment, you are immediately informed by " Kochen & Kunst ", and the pre-payment is immediately refunded. Cancellation of a booking for a course and refund of the pre-payment is possible only within 10 days after registration, on no account within 7 days before the course beginning. With registration
and non appearance to the course the full course fee becomes due for the customer and charged. With too
low number of participants is " Kochen & Kunst " any time entitled to call off the course. The paid course amount is immediately refunded.

§ 5 Booking in commission
For commissional work of all kind for which one or more persons book “Kochen & Kunst”, 50% of the total sum, according to offer, will be due at time of booking. Refund of the pre-payment is possible only within 10 days after reservation. With illness or accident is " Kochen & Kunst " any time entitled to call off the reservation.
The paid amount is immediately refunded.

§6 Maturity and payment, delay
The balance for course fees as well as orders becomes due of every kind immediately after ending of the course or the performed work. Then open course fees are to be paid directly after ending of the course. For work from fixed reservations a calculation is sent, and is to be paid to 14 days after exhibition appointment. If the customer comes to default, is " Kochen & Kunst " entitles interests on arrears to demand by the height of 8%. If " Kochen & Kunst " a higher delay damage has originated, is " Kochen & Kunst " entitles to assert this
§ 7 Offsetting, retention
The customer is only entitled to offset arrears if his counterclaim has been legally established or recognized
by „Kochen & Kunst”. In addition he is only entitled to assert the right of retention if the counter- claim is based on the same contractual relationship.

§ 8 Retention of title
The delivered goods remain the property of  „Kochen & Kunst” until the payment due from the customer has been made in full.

§ 9 Warranty for defects and liability
If the purchased goods have any fault for which „Kochen & Kunst” is responsible, the customer can opt for either reparation of the defect or replacement delivery.
If „Kochen & Kunst” due to disproportion, is not prepared or in a position to remedy the defect or replace the faulty goods or if this is delayed for unreasonable periods for which „Kochen & Kunst” is responsible, or if the remedy of defect or replacement fails in any other way, the customer is entitled as desired to either withdraw from the contract, demand a corresponding reduction in price or claim his purchasing price to be refunded  to him with immediate effect.
Should nothing to the contrary be included in the following, any other claims of the customer – irrespective of the legal basis—are excluded. „Kochen & Kunst“ therefore does not accept liability for damages which have not occurred on the delivered product itself. In particular „Kochen & Kunst“ does not accept any liability for lost profit or other financial loss of the customer. If the liability of  „Kochen & Kunst“  is excluded or restricted, this also applies to the personal liability of employees, representatives or agents.
This previous restriction on liability does not apply if the cause of the damage is due to intent or gross negligence or if personal injury is incurred.
If „Kochen & Kunst“ negligently violates a contractual obligation, the replacement obligation for material damage is limited to the damage which typically occurs.

§ 10 Data Protection
We store personal data for order handling purposes. These data are not passed on to third parties. Kochen & Kunst is, however, entitled to use these address data for promotional purposes for its own company.

§ 11 Court of jurisdiction and applicable law
Place of performance and court of jurisdiction for all rights and obligations of both parties arising from an order is Bad Hofgastein, Salzburg, Austria.

January 2010


 

Kochen & Kunst • Angkana & Alex Neumayer • Heissingfelding 66 • 5630 Bad Hofgastein • Austria • Tel. +43-664-512 01 72 • info@kochenundkunst.at