General Terms and Conditions
OUR CONTRACTUAL TERMS
Our deliveries are made exclusively on the basis of these General Terms and Conditions. These are recognised by the placing of an order and no later than upon receipt of the order confirmation or receipt of the goods by the customer. Differing terms and conditions of the contractor are not binding, unless they are expressly acknowledged by us in writing.
Hornig GmbH, Waagner Biro-Straße 39, 8020 Graz (hereinafter referred to as “J. Hornig”), sells coffee, tea and accessories in their online store, on the sites hornig.at, jhornig.at and johanneshornig.at.
These terms and conditions apply to all legal transactions between J. Hornig and the users of the site. By using the Internet service, in particular by clicking on the agreement button, the user accepts the present Terms and Conditions.
Other terms and conditions apply only when J. Hornig has provided them explicitly and in writing.
Hornig reserves the right to change these terms at any time, without giving reasons. Use of the Internet service is an acceptance of the amended terms as issued.
Until agreed otherwise, the delivery of goods will only takes place in small, common household amounts.
3. CONCLUSION OF A CONTRACT
Use of the website/the online store is free of charge. It is only to be used by legally competent, adult and natural persons. The user makes use of the site at their sole risk and liability. The user guarantees to provide their true identity and only proper data. J. Hornig reserves the right not to fulfil orders that contain incomplete and/or inaccurate data. The contractor shall immediately notify J. Hornig of any changes of name or address in writing. If no notification of change of name or address is received, any and all documents sent to the contracting party will be considered as having been sent to the correct address, if they have been sent to the last known address of the contractor. Requests to change the due date of invoices for that reason may not be made.
The presentation of products in our online shop, as well as information on products in the online shop, as well as in catalogues, brochures, other sales materials and on any other usual sites, are not binding for J. Hornig. In particular, there may be (minor, reasonable) deviations between product images and delivered products, for example, a change in the appearance and/or in the equipment of an item, as a result of a change to the range. The presentation of products also represents no binding offer.
After selecting a product category (coffee, tea, accessories) or their respective sub-categories on the home page, the associated products of the selected category are shown. Clicking “View” under the respective product displays detailed information about the product selected. On that page, you will also find the button “Add to cart”. Next to this button there is a field in which the product price can be seen. After showing the price in Euros, there is an “x” and the subsequent number which is set by default to “1”, which represents the amount. By entering the number of items desired, this number can be changed. By pressing the button “Add to cart”, the product is added to the shopping cart (in the desired quantity). On the top right of the website, the “shopping cart” button can be seen. By clicking on this field, the contents of the “shopping cart” is displayed and the contents of the cart may be changed or removed at any time. After making changes, those changes can be updated by clicking on the “Update cart” button, thereby changing the contents of the cart or, by means of the “Empty cart” function, all products will be removed from the cart. The button “Continue to address entry” takes the user to a page where they can either complete registration by means of a customer account or enter their address data. After these entries have been confirmed by clicking on “Send to this address”, the payment method can be chosen (credit card, PayPal, cash on delivery, immediate bank transfer). Once the payment method has been confirmed with “Continue”, it is, again, possible to make changes to the billing address, the delivery address, method of payment and the shopping cart. If at this time any user’s data is missing, a window with the heading “Please complete the following fields to proceed” appears and an indication of which data is missing is shown. Only after entering all the required data and by ticking to agree to Terms and Conditions in a separate “I confirm that I have the read the Terms and Conditions” box, can the “Place order” button be clicked. The Terms and Conditions can be viewed at any time. The completion of the order process in the online shop, by clicking on the “Place order” button, represents a binding agreement on behalf of the user to conclude a purchase contract with J. Hornig. After the order is completed J. Hornig sends the user an e-mail confirming the details of the order (order confirmation). This written order alone is seen as confirmation for the content and scope of the order. However, the confirmation email does not constitute acceptance of the user’s order. The acceptance of the order and the sales contract only takes place with the dispatch of the goods and the delivery of a second email (shipping confirmation). This shipping confirmation represents the confirmation of contract in accordance with § 4 paragraph 2 FAGG (securing the contact text). By accepting these Terms and Conditions and submitting his order, the user confirms their acceptance of our confirmation via e-mail.
If J. Hornig is not able to deliver the ordered goods due to lack of availability or should J. Hornig not accept the order, J. Hornig will notify the user immediately and refund any payment already made immediately.
Changes and additions to the contract are only effective if J. Hornig has given its express written consent.
The requirement of the written form is met by sending a fax message, an email or a simple electronic signature.
4. CANCELLATION POLICY
With consumer transactions, the user is entitled, without giving any reasons, to withdraw from their contractual declaration in writing within 14 days (Austrian formulation) or to cancel the contract within 14 days (German wording). It is sufficient if the notice is sent within this period. Statutory limitations apply (such as exceptions to the withdrawal/cancellation, for example, goods made according to customer specifications, perishable goods, sealed packaged goods).
The user is entitled, for the purpose of their withdrawal/cancellation notice, to use the template withdrawal form, in accordance with Annex I of these Terms and Conditions.
The withdrawal/cancellation and returns must be sent to:
The withdrawal/cancellation period begins on the day of taking possession of the goods by the user or a third party designated by them, who is not the person who delivers the goods. For partial or special deliveries of a single order, the period will begin on the day of taking possession of the last item of goods.
In the event of an effective withdrawal/cancellation, the benefits received by each side are to be returned immediately, reciprocally and simultaneously. The return of the goods by the user must be completed within 14 days from the submission of the withdrawal/cancellation notice and the reimbursement of payments made by the user (including any delivery costs required by J. Hornig) using the same means of payment, will take place within 14 days from receipt of the withdrawal/cancellation. J. Hornig is however entitled to refuse reimbursement until the returned goods have arrived or the user has provided proof of the return. It is sufficient if the goods are sent within that period.
The consumer has, if applicable, to pay J. Hornig an appropriate fee for any use of the goods, including for a possible reduction in their fair market value, or compensation for loss of value of the goods by handling them in any way other than is necessary to ascertain by the examination of the nature, characteristics and functioning of the goods.
The merchandise must be returned in its original packaging. The consumer has to bear the cost of returning the goods.
5. PRICES, PAYMENT CONDITIONS, COMPENSATION, RESERVATION OF OWNERSHIP
The prices at the time of ordering apply. All prices displayed on the website are subject to change, without obligation and are modifiable at any time. Prices quoted are gross prices (inclusive of the prevailing VAT) in Euros, from J. HORNIG’s stock, without packing, shipping and any other taxes and customs duties. Packing and transport costs, as well as any other taxes and duties, shall be borne by the user. Shipping fees vary depending on the respective destination country. The respective shipping costs incurred shall be borne by users; they can be viewed in the “Checkout” area of the ordering process. The shipping fees are calculated per delivery and are independent of partial deliveries and the number of items ordered.
The invoice amount is due upon receipt of the invoice sent with the goods. The user can pay the purchase price by prepayment, with credit cards (MasterCard, VISA), by direct debit or PayPal and shall use the payment method specified in the order. Furthermore, a cash on delivery option is possible, whereby the respective charges will be borne by the user, increasing the delivery cost. J. Hornig reserves the right to check the creditworthiness of the user during the order process and possibly to exclude individual payment methods.
In the event of default of payment J. Hornig is (subject to proving the incurrence of a loss) entitled to charge the user with all costs necessary for the appropriate prosecution and interest on arrears. For business people, § 456 UGB applies. In any event, the default interest amount of at least 5% per annum applies from the due date.
In addition, in the event of non-payment and the issue of a one-off reminder, J. Hornig is entitled to exclude the user from ordering other goods.
Objections from users to the request for payment stated in the invoice must be made within 14 days from the invoice date, otherwise the request shall be deemed accepted. J. Hornig will alert the user to this period and the possible legal consequences if not observed.
The user is not entitled to make claims against J. Hornig, unless J. Hornig is insolvent or the counter-claim is judicially recognised or established by a court.
Until full payment of the purchase price and any and all costs arising from of the business relationship or any other claims for a legal reason, including costs caused by the user, the property associated with the contractual service remains in the ownership of J. Hornig. The user is obliged to take all measures to ensure the security and protection of property belonging to J. Hornig, so, in particular, pawning, assignments as collateral or other such use is prohibited.
6. DELIVERY, DISPATCH
The place of fulfilment for deliveries from J. Hornig is the place of business of J. Hornig.
Partial deliveries are allowed.
In the event of force majeure the contractual obligations of both parties are suspended. Force majeure also includes labour disputes in their own or other companies, transport delays, machinery breakdown, product-related failures on the side of J. Hornig, sovereign measures and other circumstances relating to neither of the parties.
- Hornig will deliver the ordered products to the address provided by the user. Here J. Hornig chooses the transport method and routing. The user is obliged to accept the delivered products, even if those items show minor shortcomings.
Delivery dates specified by J. Hornig are not binding, unless they have been expressly agreed in writing as being binding. Damages incurred due to delayed delivery is excluded in all events, unless there is intent or gross negligence on the side of J. Hornig. With consumer business, the period for the supply of goods and services is 30 days after the signing of the contract. If J. Hornig is unable through no fault of its own to deliver the ordered goods (for example, if a supplier has not fulfilled its contractual obligations), J. Hornig is entitled to cancel the user’s contract.
With the handover of the goods to the delivery company, the risk is transferred to the user. The user has the option to take out transport insurance, the cost of which he has to bear. With consumer transactions, the risk passes to the consumer as soon as the goods are delivered to the consumer or to a third party named by them, unless the consumer has arranged the contract of carriage themselves.
If a delivery to the user is not possible for a reason that is of their making (for example, because they were not present at the delivery address at the time of delivery), they shall bear the costs of the unsuccessful delivery.
If J. Hornig has caused a delay in the delivery, the user can demand a settlement or, after an appropriate grace period (at least 3 weeks from the notification of the period), withdraw from the contract.
If goods are damaged during transport, the user shall immediately notify the transport company of the damage and make any appropriate claims connected to the damage against them. J. Hornig is not liable for culpable conduct of third parties, unless the user is a consumer.
The user knows and accepts that products shipped from J. Hornig include goods from artisan production and natural products that may have variations or deviations in their colour and patterns. These variations or deviations are not cause for legitimate warranty claims.
In consumer transactions, the statutory provisions of § 9 KSchG apply and consequently, the warranty rights of the consumer in respect of knowledge of a defect cannot be excluded or limited. The statutory warranty provisions apply.
The user is required to provide proof that the defect was present prior to the delivery of the goods (also within the first 6 months after delivery). The reversal of the burden of proof, in accordance with § 924 sentence 2 of the Civil Code, is excluded. This does not apply to consumer transactions.
If a defect from the side of J. Hornig was present at the time of delivery of the contractual object, J. Hornig will remedy the situation by repair or replacement. Cancellation or conversion are excluded.
The warranty period is three months after delivery.
Any warranty claims on the side of the user beyond these rules are excluded. Also excluded are any further claims for compensation for damages not related to the contractual object itself. This shall not apply in cases of wilful misconduct or gross negligence or the absence of guaranteed characteristics.
No warranty is provided in cases of inappropriate or improper use, handling or application.
Furthermore, there is no guarantee that the website will always be online. J. Hornig is entitled to temporarily take the shop offline for maintenance.
In consumer transactions, the statutory provisions of § 9 KSchG apply. Any further warranty claims by the user are excluded, in particular claims for compensation for damages not caused to the contractual object itself. This shall not apply in cases of wilful misconduct or gross negligence or the absence of guaranteed characteristics.
If a deficiency has been accepted by J. Hornig and a further delivery has taken place, the user is obliged to return the original goods within 14 days, at the expense of J. Hornig. J. Hornig reserves the right to claim damages in accordance with the statutory provisions.
8. LIMITATION OF LIABILITY
- Hornig is liable – except for personal injuries –only for damage to the delivered goods themselves and in the event of intent, gross negligence or culpable violation of essential contractual obligations. Other and further claims by the user against J. Hornig, in particular for lost profits, lost savings, consequential damages, economic loss, loss of interest and damages from the claims of third parties and from the title of product liability, are excluded, with the exception of consumer transactions.
Excluding consumer business, the claimant has to prove the existence of simple or gross negligence.
In particular, J. Hornig is not liable for damage caused due to force majeure, labour disputes in our own and other companies, machinery breakdown, other production-related failures that are not the responsibility of J. Hornig, sovereign measures, disruptions, interruptions or other defects of the direct or indirect network connection, for actions of third parties in the network subset, as well as other measures not taken by either of the parties or necessary and appropriate technical measures (for example, maintenance).
The amount of any damages are – except for consumer transactions – limited to triple the value of the contract.
In so far that liability is limited as permitted by law, this also applies to the personal liability of staff, employees, representatives and agents of J. Hornig.
Any right to claim for damages expires – except consumer transactions – within 12 months of becoming aware of the damage and the party that caused the damage. In cases of intentional injury or grossly negligent breach of duty and fraudulent concealment of defects, as well as in the event of claims for damages in accordance with the PHG (product liability law), the statutory limitations apply.
- Hornig is not liable should the website’s server fail. J. Hornig is entitled to take the website’s shop offline for any necessary reasons (such as maintenance, security, capacity, making improvements, etc.).
The links offered on the website are carefully chosen, but no liability is accepted for the content of the sites available via any links.
In the event of damage being caused by an agent of J. Hornig, J. Hornig will relinquish all claims to the user, without liability. In this event, the user shall primarily refer to the third party.
9. DATA PROTECTION
Hornig observes the relevant data protection laws in accordance with § 14 DSG 2000.
All data will be treated confidentially. The data required for business transactions will be automatically stored and only passed to other companies (delivery company, credit institution) within the context of order processing and if necessary.
The user agrees that any data they provide may be stored and processed by J. Hornig. This consent may be revoked by the user in writing, at any time.
10. INTELLECTUAL AND PROPERTY RIGHTS
The services, content and structure of the J. Hornig website are copyrighted.
All trademarks shown, in particular the J. Hornig logo and company name, are protected by trademark law.
Altering the homepage/website is prohibited.
The altering, removal, destruction and processing of any proprietary rights notices, trademarks, web addresses and the like, that are attached to delivered contractual items or provided with them, is strictly prohibited.
11. OTHER MATTERS
Jurisdiction for all disputes arising from contracts with the user is with the appropriate court in Graz, Austria. J. Hornig also has the option to sue the user in any other appropriate court. In consumer transactions, the jurisdiction is determined in accordance with § 14 KSchG.
Austrian substantive law applies, under exclusion of its reference provisions and the UN convention on the international sale of goods.
Should any of the above conditions be or become invalid, this shall not affect the validity of the remaining provisions. Instead of the invalid conditions, such rules should apply that come closest to the economic purpose of the contract, with due respect for mutual interests.
All rights and obligations under the corresponding contract are transferred to the respective successors. If it is not a universal succession, each contracting party is obliged to retain the rights and obligations under the contract to the assignee.
These Terms and Conditions are available in various different languages. In case of conflict between the German version of the Terms and Conditions and any of its official translations, the German version takes precedence.