General terms and conditions of business
§ 1 Scope, Definitions
(1) Gourmetco eU, Kaiser Josef Straße 68, 3002 Purkersdorf, Austria (hereinafter: "we" or "Gourmetco eU" or "Mathinez") operates an online shop for spirits, beverages and food products under the website https://mathinez.com. The following terms and conditions apply to all services between us and our customers (hereinafter: "customer" or "you") in the version valid at the time of the order, unless otherwise expressly agreed.
(2) For the purposes of these terms and conditions, a "consumer" is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An "entrepreneur" is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity, whereby a partnership with legal capacity is a partnership that has the capacity to acquire rights and incur liabilities.
§ 2 Formation of contracts, storage of the contract text
(1) The following provisions regarding the conclusion of the contract apply to orders placed via our online shop at https://mathinez.com.
(2) Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) Upon receipt of an order in our online shop, the following provisions apply: The customer submits a binding offer to enter into a contract by successfully completing the ordering process provided in our online shop. The order is placed in the following steps:
- Selection of the desired goods,
- Adding products by clicking the corresponding button (e.g. "Add to cart", "Add to bag" or similar),
- Review of the information in the shopping cart,
- Access the order overview by clicking the corresponding button (e.g. "Proceed to checkout", "Proceed to payment", "View order overview", etc.).
- Entering/verifying address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy,
- Complete your order by clicking the "Buy Now" button. This constitutes your binding order.
The contract is concluded when you receive an order confirmation from us within three working days at the specified email address.
(4) In the event of a contract being concluded, the contract shall be with Gourmetco eU, Kaiser Josef Straße 68, 3002 Purkersdorf, Austria.
(5) Before placing your order, you can print or save the contract details electronically using your browser's print function. Order processing and the transmission of all information required in connection with the conclusion of the contract, in particular the order details, the terms and conditions, and the cancellation policy, will be carried out by email after you place your order, partly automatically. We do not store the contract text after the contract is concluded.
(6) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g., the browser's "back" button). They can also be corrected by canceling the order process prematurely, closing the browser window, and repeating the process.
(7) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular that it is not prevented by spam filters.
§ 3 Subject matter of the contract and essential characteristics of the products
(1) The subject matter of the contract in our online shop is the sale of goods. You can find the specific goods offered on our product pages.
(2) The essential characteristics of the goods are found in the product description. If the agreed quality of the goods deviates from their usual quality and intended use, this will be expressly indicated in the product description (negative quality agreement). If the customer has given their express consent to the negative quality deviation, this defines the subject matter of the contract.
§ 4 Prices, shipping costs and delivery
(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all country-specific taxes.
(2) The purchase price is payable in advance of delivery of the product, unless we expressly offer payment by invoice. The payment methods available to you are displayed under a correspondingly labeled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, payment is due immediately.
(3) In addition to the stated prices, shipping costs may apply for the delivery of products, unless the respective item is marked as shipping-free. The shipping costs will be clearly indicated to you again on the offers, in the shopping cart (if applicable), and on the order summary.
(4) All products offered are ready for immediate dispatch unless otherwise clearly stated in the product description.
(5) The following delivery area restrictions apply: Delivery is made to the following countries: Germany, Austria.
§ 5 Right of retention, reservation of title
(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
§ 6 Right of withdrawal
As a consumer, you have a right of withdrawal. This is governed by our cancellation policy.
§ 7 Liability
(1) Subject to the following exceptions, our liability for breaches of contractual obligations and for tortious acts is limited to intent or gross negligence.
(2) We are liable without limitation for slight negligence in the event of injury to life, body, or health, or in the event of a breach of a fundamental contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible, or if we have breached a fundamental contractual obligation, our liability for resulting property damage and financial losses is limited to the foreseeable damage typical for this type of contract. A fundamental contractual obligation is one whose fulfillment is essential for the proper performance of the contract, whose breach jeopardizes the achievement of the purpose of the contract, and on whose compliance you may regularly rely. This includes, in particular, our obligation to act and to perform the contractually owed services, as described in Section 3.
§ 8 Contract Language
The only language available for the contract is German.
§ 9 Warranty
(1) The warranty is governed by the statutory provisions.
(2) The warranty period for goods supplied to entrepreneurs shall be 12 months.
(3) As a consumer, you are requested to inspect the goods/digital content or the service provided immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will, of course, not affect your statutory warranty rights.
§ 10 Final Provisions/Dispute Resolution
(1) Austrian law shall apply. In the case of consumers, this choice of law shall only apply to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence (principle of most favorable law).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the provider's place of business.
(4) The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.