General Terms and Conditions of Regner GmbH
- Preamble
Regner GmbH, Marktstraße 11, 8732 Seckau, sells gingerbread, confectionery products, chocolates and various gift items (e.g. wooden boxes and tins) in its online store at https://shop.lebkuchen-regner.at.
- Scope of application and terms of use
2.1. The following contractual terms and conditions (hereinafter referred to as “GTC”) apply to contracts concluded via the website referred to in point 1, between Regner GmbH (hereinafter referred to as ‘Regner’) and its respective contractual partner (hereinafter referred to as “ contractual partner ”).
2.2. By placing an order , in particular by ticking the consent button in the course of the order process in the online store, the contractual partner accepts these GTC.
2.3. All sales, deliveries and other services provided by Regner are carried out
exclusively in accordance with these GTC. Conflicting GTC shall only apply
if Regner expressly agrees to them in writing.
2.4. Regner reserves the right to amend the GTC at any time without giving reasons.
2.5 These GTC apply to both business and private clients. Should they apply to legal relationships with consumers, they shall only apply insofar as they do not contradict the mandatory provisions of the Consumer Protection Act (or other consumer protection laws).
2.6 Only natural or legal persons with unlimited legal capacity are entitled to make purchases. Use by minors is not permitted. The data required for the purchase, such as name, address, telephone number, etc., must be provided completely and truthfully by the users.
2.7 The contractual partner is aware that the Internet is not a secure means of communication and that data sent via the Internet can become known on the one hand and can also be changed by third parties on the other. The contracting party bears the risk that data does not arrive at Regner or does not arrive in the form in which it was sent. Regner may rely on the fact that the data was sent by the contracting party in the form in which it was received.
3 Conclusion of contract
3.1 The product presentation on Regner’s homepage does not constitute an offer in the legal sense. The offer is only made by the contractual partner by placing an order.
The purchase contract between Regner and the contracting party is concluded by written acceptance of the order and confirmation of the purchase request by Regner (by e-mail).
3.2 The contractual partner can select the desired goods by clicking on the “Add to shopping cart” button. The selected goods are temporarily stored in the shopping cart. By clicking on the “Checkout” button, the order process is continued and the contractual partner is requested to either log in as an existing customer or register as a new customer.
3.3 An order is only possible if all mandatory fields are completed during the ordering process. In addition, the data protection provisions must be acknowledged. The contractual partner can then select the payment and shipping method. When selecting external payment services (e.g. PayPal), the contractual partner will be redirected to the external website of the respective payment service provider.
The following payment options are available in the Regner online store
– PayPal
– credit card
– instant credit transfer
– On account (only for companies and resellers with proof of business/ VAT number)
If the PayPal payment method is selected, the contractual relationship between PayPal and its customers shall be governed exclusively by the PayPal Terms of Use. Payment of the purchase price is due immediately upon conclusion of the contract.
3.4 Before submitting the order, the customer receives an overview of the contents of the order including the prices. The customer can then correct his order as well as the billing and delivery address once again before placing his order by clicking on the button “order subject to payment”.
3.5 The receipt of the order is confirmed by Regner by an automatically sent e-mail, but this does not constitute acceptance of the order. Acceptance of the order is made by a separate e-mail. If Regner rejects the conclusion of the contract, the contractual partner will be informed of this immediately in an e-mail.
3.6 The order is stored by Regner and can be viewed by the contracting party online in the customer account. Irrespective of this, Regner will send the order confirmation and the GTC to the e-mail address provided by the customer.
- 4. Revocation instruction – right of revocation
4.1 If you are a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason.
4.2 The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
4.3 To exercise the right of withdrawal, you must inform us by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of the decision to withdraw from this contract. The declaration of revocation must be sent to Regner GmbH, Marktstraße 11, 8732 Seckau, e-mail: konditorei@regner.at, fax: +43 3514/52079. You can use the sample withdrawal form (insert link), but this is not mandatory.
4.4 In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
4.5 Consequences of withdrawal:
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods.
You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal does not apply to the following contracts:
– Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
– Contracts for the supply of goods that can spoil quickly or whose expiration date would be quickly exceeded,
– Contracts for the supply of goods which are not suitable for return for reasons of health protection or hygiene if they have been opened or used after delivery,
– Contracts for the supply of goods if they have been inseparably mixed with other goods after delivery due to their nature,
– Contracts for the supply of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered at the earliest 30 days after conclusion of the contract and the current value of which depends on fluctuations in the market over which the trader has no influence on.
- Weights, prices and interest on arrears
5.1 The weights shown in the store and in the product catalog can only be assumed to be approximate due to our manual production. Please refer to the current annual price list for prices. The prices include the statutory value added tax of currently 10%.
5.2 All prices are total prices, subject to price errors. If the correct price is higher, contact will be made with the contractual partner and a contract will only be concluded if the contractual partner agrees to the conclusion of the contract at the corrected price. If the correct price is lower, the lower price will be charged.
5.3 Shipping costs are additional (see point 6).
5.4 The amount of default interest is 12.5% p.a.
6 Shipping costs and delivery conditions
6.1 The goods shall be shipped from Seckau to the delivery address specified by the contractual partner. Regner reserves the right not to ship certain items due to seasonal or weather conditions or to ship them later. In this case, the contractual partner will be contacted by Regner. Orders with a value of goods below the minimum order quantity of € 35.00 cannot be executed
6.2 Shipping by Österreichische Post AG is carried out for all private contractual partners, whether in Austria or abroad (EU). Corporate customers and resellers are supplied by DPD or, if applicable, by Österreichische Post AG. All shipments are made at the risk and expense of the contractual partner to the delivery address specified by the contractual partner when placing the order. We only ship domestically and within the EU.
6.3 The indication of delivery dates is non-binding. Non-compliance with the delivery dates shall in any case only entitle the contractual partner to assert the right of withdrawal if Regner does not carry out the delivery despite setting a grace period of at least two weeks in writing.
6.4 The delivery period shall be extended by the duration of the hindrance in the event of any circumstances beyond the control of the parties, such as force majeure, unforeseeable operational disruptions, official interventions, transport and customs clearance delays, transport damage, rejects of important production parts and labor disputes.
6.5 Insofar as partial deliveries are possible, they are also legally permissible. Each partial delivery shall be deemed a separate transaction and may be invoiced separately by us.
6.6 If an order is returned by the shipping service provider due to an incorrect address or non-acceptance of the package, the costs incurred for this as well as the costs in the event of a reshipment shall be borne by you.
6.7 In the event of damage to the goods during transportation, the contractual partner must immediately report the damage to the transport company and claim the damage there.
6.8 Deliveries within Austria:
The delivery time is approx. 2-8 days; the amount of the shipping costs is stated separately in the online store.
6.9 Delivery within other EU countries:
The delivery time is approx. 3-10 days; the shipping costs are listed separately in the online store.
6.10. Deliveries outside Europe:
We only ship domestically and within the EU.
6.11. The delivered goods remain the property of Regner until full payment has been received.
6.12. Returns will only be accepted in the original packaging.
- Exclusion of liability
Regner assumes no liability for damages for whatever legal reason, in particular due to delay, impossibility or performance, positive breach of contract, culpa in contrahendo, consequential harm caused by a defect, defects or tortious acts caused by slight negligence on the part of Regner or persons for whom Regner is responsible. Contractual partners who are entrepreneurs must prove the existence of gross negligence or intent.
In the case of contracts with consumers, damage to persons is excluded from this exclusion of liability.
8 Warranty
8.1 Warranty claims of the contractual partner that go beyond the statutory provisions are excluded. Claims for compensation for damages that have not occurred to the subject matter of the contract itself are also excluded. This shall not apply if liability is mandatory in cases of intent, gross negligence or the absence of warranted characteristics.
8.2 In any case, no warranty shall be assumed in the event of unsuitable or improper use, treatment or application.
8.3 Furthermore, no guarantee is given that the website will always be online. Regner is entitled to temporarily shut down the online store for maintenance reasons.
- Right of set-off, right of retention
9.1 The contracting party is not entitled to set off claims against Regner’s claims unless the contracting party’s counterclaims have been legally established or are undisputed. The contractual partner is also entitled to offset against our claims if it asserts notices of defects or counterclaims arising from the same purchase contract.
9.2 The contractual partner may only exercise a right of retention if his counterclaim is based on the same purchase contract.
10 Data protection
10.1 Provisions on data protection can be found in the data protection declaration.
10.2 The contractual partner’s data shall be used exclusively for order processing.
10.3 Regner processes the personal data of the contractual partners in compliance with the applicable data protection law for the fulfillment of the purchase contract. The data received from the contracting parties (title, name, address, e-mail address, telephone number, payment method) shall only be collected, processed and used to the extent necessary for the establishment, formulation or amendment of the purchase contract.
10.4 Regner is entitled to transmit this data to partners commissioned by Regner with the execution of the purchase contract, insofar as this is necessary for Regner to fulfill its rights and obligations under the purchase contract. Regner will process and use the data received from the contractual partners exclusively for the purposes of consulting, advertising, market research and the needs-based design of the offers.
11 Other provisions
11.1 Austrian substantive law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In addition, mandatory provisions of the law of the country in which the customer has his habitual residence shall apply if the transaction is a consumer transaction.
11.2 The place of jurisdiction for all disputes arising from contracts with the contractual partner shall be the competent court in Leoben. Regner also has the option of suing the user before any other competent court. In the case of consumer transactions, the place of jurisdiction shall be determined in accordance with § 14 KSchG.
11.3 The European Commission has set up a European online dispute resolution platform for the alternative out-of-court settlement of disputes between consumers and companies regarding purchase and service contracts concluded on the internet. It can be accessed via the external link http://ec.europa.eu/consumers/odr/.
11.4 Should individual provisions of the above terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by provisions that come as close as possible to the economic purpose of the contract while adequately safeguarding the interests of both parties.
- Note for entrepreneurs
For entrepreneurs within the EU, no Austrian VAT is due if proof of the VAT number is provided. Important: The invoice recipient (invoice address) must be identical to the holder of the VAT number. Please note that our store system does not automatically check the VAT number and the VAT is shown first in the order overview. Therefore, payment by credit card is not possible in this case. After checking the VAT number, you will receive an invoice without VAT and only the reduced amount will be charged.
Regner GmbH, 2025