General Terms and Conditions

1. Validity

These General Terms and Conditions (GTC) apply to every use of this website ("www.balsamico.at"). In particular, these GTC apply to every order and to all other business relationships between Acetaia Pecoraro GmbH (FN 175847Z), Eisenhütte 32, A-3400, Klosterneuburg and the customer regarding the products ordered by the customer in the online store "www.balsamico.at", regardless of their type. The present provisions of the GTC correspond to the current version. In the event of changes to these GTC, the version published on our website at the time of the order shall apply.

This document can be printed out, saved and downloaded as a pdf file. Deviating, conflicting or supplementary terms and conditions shall not become part of the contract, even if we are aware of them, unless we have expressly agreed to their validity in writing.

2. Links, references and rights

All information on this website has been carefully researched, but we cannot completely rule out errors or typographical mistakes. Links and references to external sites are only intended as signposts. We do not identify ourselves with the content of external sites that are linked or referred to. We are only liable for linked or referenced pages in accordance with § 17 of the E-Commerce Act. If illegal content is detected on a linked/referenced page, we request notification and will delete the link/reference after checking.

We reserve all rights, in particular trademark rights and copyrights, to the entire content of this website, in particular to trademarks, logos, texts, graphics, photographs and layout. Unless use is permitted by law, any use of the content of this website, in particular storage in databases, reproduction, distribution or processing, requires our prior written consent. All product images are symbolic images.

3. Conclusion of contract

Our offers are subject to change and non-binding. We reserve the right to make technical and other changes within reasonable limits. Orders in the online store can only be placed via the Internet using the interface set up at "www.balsamico.at". Before placing an order, the customer must provide their name, address, date of birth and telephone number as well as their e-mail address, which they can use to receive, read, save and print our e-mails, in the space provided for this purpose in the online store.

By placing an order in the online store by clicking on the button "order with obligation to pay", the customer submits a contract offer for the goods contained in the shopping cart. We will immediately confirm receipt of the order by e-mail. However, this confirmation of receipt does not constitute acceptance of the offer. If the customer has selected delivery of the ordered goods as part of the order, the contract is only concluded when we dispatch the ordered goods. Orders for which the customer has selected delivery of the ordered goods can only be accepted if the specified delivery address is in Austria or Germany.

If individual items are not available, the contract is concluded for the available items and the customer receives information about unavailable items by e-mail. There is no minimum or maximum order value. However, all goods are only sold in normal household quantities.

In the event of non-availability or only partial availability of the ordered goods, we reserve the right to refuse the order and not to fulfill it. In this case, the customer will be informed immediately. Any consideration already received will be refunded immediately.

If the order is placed electronically, the text of the contract will be saved by us and sent to the customer by e-mail after conclusion of the contract, together with the legally effective GTC.

4. Delivery of the goods and transfer of risk

If the customer has selected the delivery of the ordered goods within the scope of the order, the delivery shall be carried out by a carrier commissioned by us (DPD). The customer is obliged to ensure that the deliverer can hand over the goods at the specified address. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration as well as theft of the goods in this shipment purchase shall pass to the customer when the goods are handed over to the person designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss, accidental deterioration and theft of the goods shall pass to the consumer upon delivery of the goods to the consumer or to a third party other than the carrier designated by the consumer.

Goods are delivered to the front door of the specified address. Deliveries in pedestrian zones and areas with temporary driving bans can only be made during the permitted entry times.

If no one is present at the time of delivery, the parcel will be deposited at the respective post office, unless otherwise agreed. The entire risk for the goods, in particular that of accidental loss and accidental deterioration as well as theft, is transferred to the consumer at the latest upon acceptance of the goods.

The risk of accidental loss, accidental deterioration or theft of the goods shall in any case pass to the customer at the latest when the customer is in default of acceptance.

5. Prices, terms of payment, delivery costs and conditions

Only the prices on our website www.balsamico.at apply. The prices offered on the website are current prices and are valid until further notice. Prices are subject to change and are quoted in euros and as gross prices including all taxes, in particular the applicable VAT, but excluding shipping costs.

Shipping costs:

Shipping	AUSTRIA
up to € 99,-	€ 7,90
from € 100,-	free
Shipping	GERMANY
up to € 149,-	€ 13,80
from € 150,-	free
Shipping	REST OF THE WORLD
	€ 35

The customer can pay the price by SOFORT bank transfer, with the credit cards MasterCard, VISA, or with PayPal. Further details on the payment options and their procedure can be found in the relevant overview on our website Payment is processed by our contractual partner mPAY24 GmbH. The customer is requested to observe the General Terms and Conditions of mPAY24 GmbH in the context of payment processing. Any (return) payment claims of the customer will be credited to his account or credit card immediately. We reserve the right to exclude individual payment methods.

The customer receives the invoice by email.

6. Place of fulfillment

If the customer has selected delivery of the ordered goods as part of the order, the place of performance for the delivery obligation shall be our registered office. The place of performance for all other services arising from the contract shall be our registered office.

7. Retention of title

We reserve title to the goods until the purchase price has been paid in full.

8. Warranty

For consumers, the provisions of the statutory warranty apply.

In the case of entrepreneurs, we shall initially provide a warranty for defects in the goods at our discretion by repair or replacement. The warranty period is one month from delivery of the goods.

Entrepreneurs must inspect the delivered goods for defects within a reasonable period of time and notify us of these in writing within a period of one week from receipt of the goods; otherwise the assertion of the warranty claim is excluded. Hidden defects must be reported to us in writing within a period of one week from discovery. Timely dispatch shall suffice to meet the deadline. The entrepreneur shall bear the full burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.

9. Complaints

If you have any complaints, please contact Acetaia Pecoraro GmbH by calling +43-676-5363312 or sending an e-mail to pecoraro@balsamico.at

10. Limitation of liability and indemnification

The following applies to Austrian customers:

Outside the scope of application of the Product Liability Act, our liability is limited to intent and gross negligence.

Our liability for slight negligence is excluded. We shall also not be liable for consequential damages, financial losses, unrealized savings, loss of interest and damages arising from third-party claims against the customer.

The above limitations of liability shall not apply in the event of physical injury or damage to health attributable to us or in the event of loss of life of the customer.

11. Force majeure

In cases of force majeure and other events beyond our control, such as operational, traffic, transportation, data transfer and energy supply disruptions, strikes, lockouts, we are entitled to extend the delivery period appropriately without being in default.

12. Withdrawal from the contract by consumers and consequences of withdrawal

The term "right of withdrawal" commonly used in Austria corresponds to the term "right of withdrawal" commonly used in Germany and used in the Consumer Rights Directive. We therefore use the equivalent term pair "right of withdrawal (right of revocation)". Only the term "right of withdrawal" is used in the instructions on the right of withdrawal. This is equivalent to the German term "Widerrufsrecht".

13. Choice of law / Place of jurisdiction / Written form requirement

Austrian law shall apply, to the exclusion of UN law on the international sale of goods (CISG). Unless another court has mandatory jurisdiction by law, the place of jurisdiction is the registered office of Acetaia Pecoraro GmbH Klosterneuburg. Amendments and supplements to the contract must be made in writing. Any deviation from this also requires the written form. Should any of the above provisions be invalid, this shall not affect the validity of the remaining provisions.