1. General
For all transactions between the Customer and NancyGessert, Parkstraße 19, 7000 Eisenstadt, Austria, (hereinafter referred to asNancy's Home Cooking) these "General Terms and Conditions" shallapply exclusively. Conflicting terms and conditions of the Customer shall onlybe effective if they are expressly accepted by Nancy's Home Cooking in writing.
Agreements deviating from or supplementing these"General Terms and Conditions" must be made in writing.
2 Offer and conclusion of contract
Unless otherwise stated in the offer, it is subject toconfirmation. Offers made orally or by telephone require immediate writtenconfirmation by Nancy's Home Cooking in order to be valid. Obtaining anyofficial or other permits that may be required is the responsibility of theCustomer and only forms part of the offer if this has been agreed in writing.Quotations, plans, descriptions of concepts, etc. remain the property ofNancy's Home Cooking with all rights, unless expressly agreed otherwise inwriting. Any other utilization in any form is to be refrained from, inparticular the duplication and distribution and the passing on to third partiesas well as the making of changes without the express consent of Nancy's HomeCooking. Should individual articles of our offer not be procurable in time, wereserve the right to exchange them for equivalent goods. The contract is onlyconcluded with the written order confirmation from Nancy's Home Cooking.
3. Delivery/ Handover
Deliveries andservices shall be made to the delivery address specified by the customer withthe order on the agreed day. The procurement of premises is the responsibilityof the customer. Nancy's Home Cooking will only meet agreed deadlines under thecondition of normal business operations. Strikes, cases of force majeure,operational disruptions of any kind, such as power failures and the like,release Nancy's Home Cooking from the obligations assumed. Any complaints mustbe made known by the Customer immediately (on site if possible), but no laterthan the next day after delivery/service, otherwise the service will be deemedaccepted by the Customer. Nancy's Home Cooking assumes no liability forimproper storage by the customer.
The duty of care forrented items is incumbent upon the Customer from the time of takeover until thetime of return. Any damage or loss shall be borne by the Customer. Allmaterials and items delivered by Nancy's Home Cooking, with the exception offood and packaging, are and remain the property of Nancy's Home Cooking and areonly provided on a loan or rental basis. Delivery is always at the risk andexpense of the Customer and in the event of force majeure (in particularroadblocks), the Customer must pay the full order price. Any outstandingpartial services or defects that have been reported will be made up for orremedied as quickly as possible. Provided that they do not significantly impairthe overall performance, they do not entitle the client to refuse acceptance.Waste disposal is the responsibility of the client. Due to the fact that thegoods delivered by us are perishable food, there is no right of withdrawal.
4. Price
All prices and pricequotations shall be understood to be in EURO, including statutory taxes andduties, even if they are not expressly designated as such. Price quotations arein principle not to be understood as a lump sum price. The offer prices areonly valid for undivided orders. The offer prices are valid for four weeks fromthe conclusion of the contract. After the expiration of these four weeks,Nancy's Home Cooking is entitled to pass on to the Customer any price increasesor decreases of the manufacturers or suppliers or wage increases or decreases.The Customer may withdraw from the contract if the price is more than 10%higher than the price at the time of the conclusion of the contract. If thestart or progress of the performance is delayed for reasons for which Nancy'sHome Cooking is not responsible, Nancy's Home Cooking is entitled to chargeseparately for the additional expenses incurred as a result. The stated prices,in particular expressly stated all-inclusive prices, refer exclusively to theservices stated in the offer.
5. DataProtection
In regards todata protection, we refer to our data protection declaration. The data will beused by us for a specific purpose. It will only be passed on to third partieswithin the scope of the agreed order. The data provided by you are furthermorerequired for the fulfillment of the contract or for the implementation ofpre-contractual measures. Without this data we cannot conclude the contractwith you.
6. CancellationConditions
After the order hasbeen placed, 40 percent of the last valid offer will be charged for cancellationsup to 10 days before the event.
In case ofcancellation up to 5 days before the event, 70 percent of the last valid offerwill be charged.
In case ofcancellation less than 2 days before the event, 100 percent of the last validoffer will be charged.
7. Termsof Payment
After the orderconfirmation or a partial invoice has been sent by Nancy's Home Cooking, adeposit of 50% is due no later than 14 days before the event. The payment of the other50% of the final invoice has to be made within 7 days net without deduction afterreceipt of the invoice.
Unless the client isa consumer in the sense of the KSchG, he/shearenot entitled to withhold payments due to incomplete performance or complaints.The client may only offset against claims that have been recognized in writingor have been legally established. Payments shall be credited against the oldestoutstanding claim, in the order of costs, interest, principal. In the event oflate payment, 10% interest on arrears shall be deemed to have been agreed.
8. Insurance
The organizer,customer or client must take out any insurance themselves.
9 Liability
Nancy's Home Cookingis liable for breach of contractual or pre-contractual obligations, inparticular due to impossibility, delay etc. in case of financial loss only incases of intent or gross negligence. Towards entrepreneurial customers, theliability is limited to the maximum liability amount of any business liabilityinsurance taken out by Nancy's Home Cooking.
10. SeverabilityClause
Should individualprovisions of these "General Terms and Conditions" or othercontractual provisions be invalid, this shall not affect the binding nature ofthe remaining provisions and the contracts concluded on the basis thereof. Theinvalid provision shall be replaced by a valid provision that comes closest toits meaning and purpose.
11.Jurisdiction
Austrian law shallapply to the exclusion of its conflict of law and conflict of laws rules.
The UN Convention onContracts for the International Sale of Goods is excluded.
Place of performancefor all deliveries and services is the registered office of our company. Forall disputes arising from this contract, the exclusive jurisdiction of thecourt relevant for the registered office of Nancy's Home Cooking is agreed.