Terms and Conditions (GTC)

    1. IMPRINT
      Company name: Bake Affair GmbH
      Address: Gewerbestraße 4, 3375 Krummnußbaum
      Email : info@bakeaffair.at

      VAT number: ATU75968605

      Information obligation: Section 5 paragraph 1 of the E-Commerce Act

    1. Validity/General:
      Our general terms and conditions refer to the ordering and purchase of flour, semolina, spices, baking ingredients, baking accessories or baking mixes via our homepage www.bakeaffair.at
      Any differing or conflicting terms and conditions of customers and interested parties become invalid when our terms and conditions are accepted. By clicking the checkbox in the checkout before placing the order “By placing your order, you agree to our general terms and conditions, cancellation policy and data protection policy”, the buyer agrees to these general terms and conditions and is bound by them. Our range of products is non-binding. The order from a customer with full legal capacity (persons aged 18 and over) represents an offer to conclude a purchase contract. The confirmation of receipt of the order that we subsequently send does not constitute acceptance of the offer. The purchase contract is only concluded when we deliver the ordered goods, by sending a second email as order confirmation or by otherwise accepting the customer’s offer. All offers are subject to change, non-binding and only available while stocks last.

    1. Order process, order correction, order cancellation:
      Once you have selected the product you want, you can place it in your shopping cart without obligation by clicking on the "Add to cart" button. You can view the contents of your shopping cart at any time without obligation by clicking on the "View shopping cart" button. Products can be removed from your shopping cart at any time by clicking on the "Delete" button. If you want to buy the products in your shopping cart, click the "Buy now" button. Please then enter your details, select the payment method and shipping method and then click the "Order now for a fee" button. Your order has now been sent to us and you can see all the details of your order again.

    1. Contract language:
      The contract content, all other information, customer service, data information and complaint handling are offered in German.

    1. Prices, delivery:
      All prices listed on the homepage are in euros including the reduced Austrian VAT on food of 10% ex Hof Pfaffing 8, 3386 Hafnerbach, Austria. The VAT rate of 20% applies to baking accessories. The prices are valid at the time of the order including statutory VAT. Costs for packaging and transport are calculated separately. Payment is made by invoice via Klarna, instant bank transfer via Klarna, cash on collection, PayPal or advance payment. Delivery is expressly only made AFTER receipt of the invoice amount, except for payment by invoice. Delivery by us is subject to the proviso that we ourselves are supplied correctly and on time. If the delivery time cannot be met, we will inform you by email or telephone. If you do not agree with the delayed delivery, you are entitled to withdraw from the contract without restrictions. In general, the goods remain our property until the invoice amount has been paid in full (retention of title). Delivery is made by forwarding agents (for very large quantities) or by parcel delivery via Hermes, DHL, DPD or GLS. If not all of the items ordered are available for immediate delivery, we will let you know immediately. The items that are available for immediate delivery will be delivered immediately or, by arrangement, together with the others as soon as they are available. However, the delivery costs will only be charged once per order, even in the case of partial deliveries.

    1. Our range:
      Our offers are generally subject to change. Varieties and types that are no longer available can be expressly replaced by similar ones or excluded from delivery, or you can withdraw from the purchase contract if varieties are no longer available.

    Right of withdrawal for consumers from Austria:

    1. The withdrawal period for a consumer according to the Consumer Protection Act (KSchG) from the conclusion of a contract in distance selling is 14 days. It begins with the delivery of goods when they are received by the consumer. The day on which the period begins (conclusion of the contract or receipt by the customer) does not count. The withdrawal can be made without giving reasons in writing by email, fax or letter to our company within the withdrawal period to the address below:

      Bake Affair GmbH
      Gewerbestrasse 4
      3375 Crooked Nut Tree
      info@bakeaffair.at

      If the consumer withdraws from the contract, the entrepreneur must repay the payments made by the consumer and compensate the consumer for the necessary and useful expenditure on the item. The consumer must return the services received and pay the entrepreneur a reasonable fee for the use, including compensation for any associated reduction in the fair value of the service. Acceptance of the services by the consumer is not in itself to be regarded as a reduction in value. If goods can be sent by parcel, the consumer must return them. The customer must bear the costs of returning the goods as agreed. If the customer is an entrepreneur, cancellation is completely excluded.

      Consequences of cancellation: In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return or surrender the service received and benefits (e.g. benefits of use) in whole or in part or only in a deteriorated condition, you must pay us compensation for the loss in value. You only have to pay compensation for the loss in value of the item and for any benefits derived if the use or deterioration is due to handling of the item that goes beyond checking its properties and functionality. “Checking the properties and functionality” means testing and trying out the respective goods, as is possible and usual in a store.

      Items that can be sent by parcel must be returned at your own risk. You must bear the regular costs of return if the goods delivered correspond to those ordered and if the price of the item to be returned does not exceed 40 euros or if, in the case of a higher price of the item, you have not yet paid the consideration or a contractually agreed partial payment at the time of cancellation. Otherwise, the return is free of charge for you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation notice or the item, and for us when we receive it.

      Notes for the smoothest possible processing of returns: If possible, please send the item back to us in its original packaging. The original packaging is not a "must", i.e. not a prerequisite for asserting your rights, but it simplifies and secures the processing. Returns and misuse of the return option incur costs. If you only want to return one item from the delivery, but have ordered other items that you now want to pay by invoice, simply deduct the item you have returned from the invoice amount.
    2. Payment and late payment:
      We reserve the right to withdraw in cases where, for example, there are significant doubts about the customer's ability to pay or the purchase price is not transferred to us. Payment is made in advance, by invoice, by cash on collection, by direct bank transfer or by PayPal. If the customer defaults on payment, we are entitled to demand statutory default interest.
    3. Reminder and collection fees:
      In the event of default, even if the default in payment is not our fault, the contractual partner undertakes to reimburse us for the reminder and collection costs to the extent that they are necessary for the appropriate legal action and are reasonable in relation to the claim, whereby he undertakes in particular to reimburse us for the costs incurred in the event of the involvement of a debt collection agency, provided that these do not exceed the maximum rates of remuneration due to the debt collection agency.
    4. Delay of acceptance:
      If customers who have ordered as entrepreneurs fail to accept the goods, we are entitled to store the goods at our premises, for which we will charge a storage fee of EUR 0.20 including VAT per calendar day or part thereof. At the same time, we insist on the fulfillment of the contract.
    5. Retention of title:
      We retain title to the goods delivered until all payments from the business relationship with the customer have been received. If the customer resells retention of title, he must also pass on the retention of title. The customer must immediately report any access by third parties to our retention of title goods. Pledging and similar actions on the retention of title goods are only permitted with our prior consent. If payment is not made immediately after a reminder in the event of default, our retention of title goods must be returned immediately. The return costs are borne by the customer.
    6. Data protection:
      The protection of your privacy is very important to us. In our privacy policy we provide you with detailed information about how we handle your data.
    7. Warranty, liability, guarantee:
      The warranty is in accordance with the statutory provisions (24 months from receipt of goods). The warranty applies to defects when the products are handed over (visible and invisible). The warranty has no influence on improper handling of the products by the customer. In the case of justified complaints about defects due to the ingredients, either a free replacement or improvement will be made, for which a reasonable period of time must be granted. If an exchange or improvement is not possible (not possible, too much effort, unreasonable, delay in the deadline, etc.), then the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (conversion). Any defects that occur should be reported upon delivery or as soon as they become visible. If the purchase is a commercial transaction for the customer (B2B), they must inspect the goods no later than 2 weeks after receipt and notify us immediately if a defect is found. Our company is only liable for damage caused intentionally or by gross negligence. This does not apply to personal injuries or to consumer transactions. The injured party must prove the existence of slight or gross negligence, unless it is a consumer transaction. Compensation for consequential damage (due to defects) as well as other property damage, financial loss and damage to third parties against the customer, unless it is a consumer transaction, is excluded. Our company, as the operator of the web shop named in the imprint, provides the services with the utmost care, but is not liable for services and goods provided or purchased by third parties. The guarantee must be claimed from the guarantor (the manufacturer / sometimes also the seller if this is the manufacturer) and is subject to their provisions. Claiming the guarantee does not limit the statutory warranty.
      Disclaimer of liability: The assertion of claims for damages, if legally permissible, is generally excluded.
      Prohibition of offsetting: Offsetting of counterclaims by the customer against outstanding purchase price claims of our company is excluded if this counterclaim has neither been acknowledged by us in writing nor established by a court. We recommend that declarations, notices, etc. addressed to us - with the exception of notices of defects - be sent to us in writing.
    8. Choice of law:
      All business transactions between our company and customers are subject exclusively to Austrian law without application of the UN Convention on Contracts for the International Sale of Goods or Austrian or international conflict of law rules.
    9. Place of performance, jurisdiction:
      The place of performance and jurisdiction is the company location. For contracts with companies, our company headquarters is agreed as the place of jurisdiction. The contracting parties agree to the application of Austrian law. The UN Convention on Contracts for the International Sale of Goods and all provisions relating to the UN Convention on Contracts for the International Sale of Goods are expressly excluded. For consumers within the EU, their national mandatory consumer law provisions apply, unless the respective Austrian provisions are more favorable for the consumer. For contracts with companies, our company headquarters is agreed as the place of jurisdiction. For contracts with consumers from an EU member state, we also recognize the court of the consumer's place of residence. We recognize the Internet Ombudsman as an out-of-court dispute resolution service: Internet Ombudsman, Margaretenstr. 70/2/10, 1050 Vienna

    16. Subscription products:

    The products "Flour Subscription" and "Surprise Subscription Box" (trial subscription, 4-month subscription, 8-month subscription, 12-month subscription) are a contract for the monthly or bi-monthly delivery of food, the composition of which is determined by the provider at its own discretion. For the products "Flour Subscription" and "Surprise Subscription Box", the following provisions apply in addition to the other provisions of these General Terms and Conditions:

    • The provider usually dispatches the goods on the 1st calendar day of each month.

      16.1. Subscription period and automatic renewal
    • The “flour subscription” is concluded for a period of 6 months. If no cancellation is made at least 1 day before the end of the term, the subscription will automatically be extended for a further 6 months. More information on cancellation can be found in point 16.2.
    • The “Surprise Subscription Boxes 4/8/12” are concluded for a term of 4/8/12 months. If no cancellation is made at least 1 day before the end of the term, the subscription is automatically extended for a further 4/8/12 months. More on cancellation in point 16.2.
    • The “trial box” is concluded for an indefinite period. Cancellation is possible on a monthly basis. More information on cancellation can be found in section 16.2.

      16.2. How does the customer terminate the contract?
      To be effective, terminations must be in writing at least. The customer can terminate the contract at any time by email ( info@bakeaffair.at ) or 30 days before the end of the contract term under "My Account / Subscriptions" by clicking the "Cancel" button.
      As stated in point 16.1, the cancellation will take effect at the earliest after the end of the selected term. If the cancellation is not made in time, the subscription will be automatically extended.