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 (1) of the E-Commerce Act

    1. Validity/General:
      Our general terms and conditions apply to the ordering and purchase of flour, semolina, spices, baking ingredients, baking accessories or baking mixes via our homepage www.bakeaffair.at
      Any deviating or conflicting terms and conditions of customers and interested parties become invalid upon acceptance of our General Terms and Conditions. By clicking the checkout box before placing the order “By placing your order, you agree to our General Terms and Conditions, Cancellation Policy and Privacy Policy,” the buyer agrees to these General Terms and Conditions and is bound by them. Our range of products is non-binding. An order from a customer with full legal capacity (persons aged 18 or over) represents an offer to conclude a purchase contract. The subsequent confirmation of receipt of the order we 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 other acceptance of 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 add it to your shopping cart without obligation by clicking the "Add to cart" button. You can view the contents of your shopping cart at any time without obligation by clicking the "View shopping cart" button. Products can be removed from your shopping cart at any time by clicking the "Delete" button. If you would like to purchase the products in your shopping cart, click the "Buy now" button. Please then enter your details, select your payment and shipping method, and then click the "Order now" 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 website are in euros and include the reduced Austrian VAT on food of 10%, ex-works at Gewerbestraße 4, Krummnußbaum, Austria. Baking accessories are subject to a VAT rate of 20%. Prices valid at the time of order include statutory VAT. Packaging and transport costs are charged 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 (for retailers only). Delivery by us is subject to our correct and timely receipt of deliveries. If the delivery time cannot be met, we will inform you by email or telephone. If you do not agree to the delayed delivery, you are entitled to withdraw from the contract without restriction. In general, the goods remain our property until the invoice amount has been paid in full (retention of title). Delivery is handled by freight forwarders (for very large quantities) or by parcel delivery via Post, Hermes, DHL, DPD, or GLS. If not all ordered items are immediately available, we will notify you immediately. Items that are immediately available will be delivered immediately or, by arrangement, together with the other items as soon as they are available. However, delivery costs will only be charged once per order, even for partial deliveries.

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

    Right of withdrawal for consumers from Austria:

    1. The withdrawal period for a consumer under the Consumer Protection Act (KSchG) for distance selling contracts is 14 days. This period begins upon delivery of goods upon their receipt by the consumer. The day on which the withdrawal period begins (conclusion of the contract or receipt by the customer) does not count. Withdrawal can be made without stating reasons in writing by email, fax, or letter to our company within the withdrawal period at 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, concurrently, reimburse the payments made by the consumer and compensate the consumer for any necessary and useful expenditure incurred on the goods. The consumer must return the services received and pay the entrepreneur a reasonable fee for their use, including compensation for any associated reduction in the fair value of the service. The acceptance of the services by the consumer is not, in itself, to be considered a reduction in value. If goods that can be sent by parcel post must be returned by the consumer. The customer must bear the costs of returning the goods as agreed. If the customer is a entrepreneur, cancellation is completely excluded.

      Consequences of revocation: In the event of an effective revocation, both parties must return the services received and surrender any benefits derived (e.g., interest). If you are unable to return or surrender the service received and any benefits derived (e.g., benefits of use) to us, or only partially, or only in a deteriorated condition, you must compensate us for the value. You must only compensate us for the deterioration of the item and for any benefits derived if the use or deterioration is due to handling of the item that goes beyond testing its properties and functionality. "Testing the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail store.

      Items that can be sent by parcel post are to be returned at your own risk. You will be responsible for the standard return shipping costs if the delivered goods correspond to those ordered and if the price of the returned item does not exceed 40 euros, or if, in the case of a higher price, you have not yet paid the consideration or a contractually agreed partial payment at the time of cancellation. Otherwise, the return shipment is free of charge. Obligations to reimburse payments must be fulfilled within 30 days. This period begins for you upon dispatch of your cancellation notice or the item; for us, upon receipt of the item.

      Instructions for the smoothest possible return process: Please return the item to us in its original packaging, if possible. The original packaging is not a requirement for asserting your rights, but it simplifies and secures the process. Returns and misuse of the return option incur costs. If you only want to return one item from the delivery, but have ordered additional items for which you now wish to pay by invoice, simply deduct the returned item from the invoice amount.
    2. Payment and late payment:
      We reserve the right to withdraw from the contract if, for example, there are significant doubts about the customer's ability to pay or if the purchase price is not transferred to us. Payment is accepted in advance, by invoice, cash upon collection, direct bank transfer, or PayPal. In the event of late payment by the customer, we are entitled to charge 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 fees to the extent that they are necessary for the appropriate legal action and reasonable in relation to the claim. In particular, the contractual partner undertakes 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 in acceptance:
      In the event of default in acceptance by customers who have placed orders as businesses, we reserve the right 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 delivered goods until all payments from the business relationship with the customer have been received. If the customer resells the reserved goods, they must also pass on the reserved goods. The customer must immediately notify us of any access by third parties to our reserved goods. Pledging or similar actions on the reserved goods are only permitted with our prior consent. If payment is not made immediately after a reminder in the event of default, our reserved goods must be returned immediately. The return costs are borne by the customer.
    6. Data protection:
      Protecting your privacy is very important to us. Our privacy policy provides detailed information about how we handle your data.
    7. Warranty, liability, guarantee:
      The warranty is provided in accordance with statutory provisions (24 months from receipt of goods). The warranty applies to defects upon delivery of the products (visible and invisible). The warranty does not affect improper handling of the products by the customer. In the case of justified complaints regarding defects due to the ingredients, either a free replacement or repair will be made, for which a reasonable period of time must be granted. If a replacement or repair is not possible (not possible, excessive effort, unreasonable, delayed delivery, etc.), the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (rescission). Any defects that occur should be reported upon delivery or as soon as they become apparent. If the purchase is a commercial transaction for the customer (B2B), they must inspect the goods no later than two weeks after receipt and notify us immediately of any defects discovered. Our company is liable exclusively for damages caused by intent or gross negligence. This does not apply to personal injury or consumer transactions. Unless the transaction is a consumer transaction, the injured party must prove the existence of slight or gross negligence. Compensation for consequential damages (due to defects), as well as other property damage, financial losses, and damages to third parties against the customer is excluded unless the transaction is a consumer transaction. Our company, as the operator of the online shop named in the imprint, provides its services with the utmost care, but is not liable for services and goods provided or purchased from third parties. The guarantee must be asserted against the guarantor (the manufacturer/sometimes also the seller, if the manufacturer is the manufacturer) and is subject to its terms and conditions. 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 customer counterclaims against outstanding purchase price claims of our company is excluded if these counterclaims have neither been acknowledged by us in writing nor have been legally established. We recommend that all declarations, notifications, etc. addressed to us – with the exception of notifications of defects – be submitted to us in writing.
    8. Choice of law:
      All business transactions between our company and customers are governed exclusively by 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, place of jurisdiction:
      The place of performance and jurisdiction is the company's registered office. For contracts with companies, our registered office 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 (CISG) and all provisions related to the CISG are expressly excluded. For consumers within the EU, their national mandatory consumer law provisions apply, unless the respective Austrian provisions are more favorable to the consumer. For contracts with companies, our registered office 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 provider: Internet Ombudsman, Margaretenstr. 70/2/10, 1050 Vienna