For the business relations between (energy cake GmbH) and the customer in the distance selling, exclusively apply the following terms and conditions in the version valid at the time of the order. Divergent conditions of the customer do not recognize the energy cake GmbH, unless energy cake GmbH had expressly agreed in writing their validity. Deviating conditions do not become part of the contract even if the customer refers to it in a letter. Silence to such deviating conditions may not be the delivery of the energy cake Gmbh closed.
II. Contract conclusion:
The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. By clicking on the button “Send order” you place a binding order of the goods contained in the shopping cart. The confirmation of the receipt of your order is made together with the acceptance of the order immediately through an automated e-mail. With this e-mail confirmation the purchase contract is done. The purchase contract is concluded with energy cake GmbH. More information about us can be found in our imprint. For questions or complaints, please contact us:
energy cake GmbH
Hirschstettner Straße 19/K
Austria, Germany, Italy:
Paypal, “Sofortüberweisung” (Klarna)
Payments can be done with Sofortüberweisung or Paypal. The customer can choose between those payment options and has to give this information while ordering.
If nothing different is arranged, the shipment will be made from our warehouse to the quoted address of the customer.
If the contractor doesn’t ship although he has a binding contract with energy cake GmbH, we are authorized to withdraw. In this case, the customer has to immediately get to know about the fact, that his goods aren’t available any more. The paid purchase will be refunded to the noted account.
If our product should have any material or production faults, you have to object about the visible blemishes and also damages in transit within seven days.
When a fault can’t be handled within an adequate period of time, you have to choose between a conversion (cancellation of the purchase) or diminution (decrease of the purchase price).
If nothing is claimed, continuative demands of the customer, regardless of the legal foundation, are exclude. Energy cake GmbH will not vouch for damages, which occurred on the object of purchace; energy cake GmbH also doesn’t vouch for losses, financial losses or physical injuries of the customer. As far as the liability of energy cake GmbH is excluded or restricted, this also applies on individual liabilities of the staff, representatives and assistants.
VI. Reservation of Title:
The ordered goods are the property of energy cake GmbH until the full payment of the price and shipping costs.
VII. Severability Clause:
If single terms of these general terms of conditions are partially or completely ineffective or unfeasible, this doesn’t affect the validity of the conditions for the rest.
VIII. Applicable right, final clauses:
The relation between energy cake GmbH and the customer from the available contract, underlie the Austrian law under the exclusion from the UN-Convention of Contracts for the International Sale of Goods.
For all disputes from this constructional relationship the parties of contract agree to the agreement of Austrian courts. Place of performance it the business of energy cake GmbH.
IX. Delivery Expenses:
We are delivering through the fastes way, normally with Post, GLS or DHL. Our delivery times are 2-5 workdays.
At this moment, we are offering a shipping throughout Europe. The shipping costs are visible in the shopping cart.
We try to deliver with the fastest and cheapest provider.
After the order, you are able to write a comment with your order as well. Please think about the fact, that everything is working automaticly and an extra comment might delay the order processing.
You can contact us any time via Email: firstname.lastname@example.org.
The shipping costs are 3,50€ (for Austria, Germany and Italy). Shipping costs to other countries will be checked with the shipping partner. We are currently shipping thoughout Europe, the corresponding shipping costs will be marked in your shopping cart.
The shipment will only take place after a successful payment via „Sofortüberweisung“ and Paypal. As we are not working together with the post office, you have to check the delivery address and whether someone will be at home at the time of delivery.
You can cancel your contract within 14 days without giving reasons in writing (for example letter, fax, e-mail) or – if the case occurs before the deadline – by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods at the recipient (in the case of recurrent delivery of similar goods not before receipt of the first partial delivery) and not before fulfillment of our information obligations under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB as well as our obligations according to § 312g paragraph 1 sentence 1 BGB in connection with article 246 § 3 EGBGB. To maintain the cancellation period, the timely dispatch of the revocation or the thing is sufficient.
The revocation must be sent to:
energy cake GmbH
Hirschstettner Straße 19/K
A-1220 Vienna, Austria
Times of office:
Mon – Thu: 08:00 – 16.00
Fr: 08:00 – 12:00
Commercial register No: FN 167950k
UID ATU 44104205
Consequences of Withdrawal
In the case of an effective revocation, the mutually received benefits shall be returned and any benefits (eg interest) incurred. If you can not give us back or give us the received performance as well as usages (eg use advantages) or only partially or in a deteriorated condition, you have to pay us the compensation. For the deterioration of the goods and for drawn uses, you only have to pay compensation if the use or the deterioration is due to a handling of the thing, which goes beyond the examination of the characteristics and the functioning. The term “testing the properties and the mode of operation” refers to the testing and testing of the respective goods, as is possible and customary in a retail store. Transportable items are to be returned at our risk. You have to bear the regular costs of the return, if the delivered commodity corresponds to the ordered and if the price of the good to be returned does not exceed an amount of 40 euro or if you with a higher price of the thing at the time of the revocation still not the consideration or a contractually agreed partial payment. Otherwise, the return is free of charge. Non-parcels are picked up at your place. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the receipt of the goods.
End of revocation
The right of withdrawal does not apply to distance contracts