Terms of service
General Terms and Conditions (GTC)
for the online shop of Braun. Internationale Manufaktur-Schokoladen. Status: March 2025
1. Scope
These General Terms and Conditions (GTC) apply to all orders placed through the online shop of Braun. Internationale Manufaktur-Schokoladen (hereinafter referred to as "we" or "us") by consumers and business customers, in the version valid at the time of the order.
Conflicting or deviating terms and conditions of the customer shall not apply unless we have expressly agreed to their validity in writing.
2. Conclusion of Contract
The presentation of products in the online shop does not constitute a legally binding offer but rather a non-binding invitation to place an order.
By submitting an order, the customer makes a binding offer to conclude a purchase agreement. The contract is only concluded through our express acceptance or by dispatch of the goods. An automated order confirmation does not constitute acceptance of the contract.
3. Prices and Shipping Costs
All prices are final prices in euros and include the statutory value-added tax (VAT).
Shipping costs are shown separately during the ordering process.
For deliveries outside Austria, additional taxes, customs duties, or fees may apply, which must be borne by the customer.
4. Delivery
Delivery is made to the shipping address specified by the customer. Unless otherwise agreed, delivery will be made within 14 working days after receipt of payment.
Partial deliveries are permitted if reasonable for the customer.
Delivery is at the customer’s risk from the time the goods are handed over to the carrier.
5. Right of Withdrawal for Consumers
No right of withdrawal for perishable goods
According to § 18 para. 1 no. 4 of the Austrian Distance and Off-Premises Contracts Act (FAGG), there is no right of withdrawal for consumers in the case of distance contracts concerning:
"Goods that are liable to deteriorate or expire rapidly."
Our products, such as Mozartkugel and truffles, are perishable food items. Therefore, these products are excluded from the right of withdrawal.
We explicitly point out the exclusion of the right of withdrawal for these products in the web shop. We kindly ask for your understanding that we cannot offer returns or refunds for such items under the right of withdrawal.
Right of withdrawal for other products (e.g., chocolate bars)
For products not excluded under § 18 para. 1 no. 4 FAGG (e.g., long-lasting chocolate bars), consumers have the following right of withdrawal:
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is:
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For goods orders: 14 days from the day you or a third party named by you (who is not the carrier) received the goods.
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For partial deliveries: 14 days from the day you received the last item of the delivery.
There is no right of withdrawal for sealed products that are not suitable for return for hygiene reasons once unsealed after delivery.
To exercise your right of withdrawal, you must inform us (Braun. Internationale Manufaktur-Schokoladen, Getreidegasse 29, A-5020 Salzburg, Email: shop@braunpunkt.at) by means of a clear statement (e.g., by post or email) of your decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient to send the communication before the deadline expires.
Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments received from you, including the standard delivery costs (excluding any additional costs incurred due to your choice of a different delivery method), without undue delay and no later than fourteen days from the day we receive your notice of withdrawal.
We will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed.
We may withhold the refund until we have received the goods and inspected them for quality.
You must return the goods without delay and no later than fourteen days from the day on which you inform us of your withdrawal. The deadline is met if you send the goods before the fourteen-day period expires.
You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss is due to handling that was not necessary for checking the nature, characteristics, and functioning of the goods.
6. Payment
Payments may be made by credit card, PayPal, Klarna, Apple Pay, Google Pay, Maestro, EPS, or other payment methods offered in the shop.
Payment is due immediately upon conclusion of the contract.
In the event of late payment, we reserve the right to charge statutory default interest and reminder fees of € 8.00 per reminder.
7. Retention of Title
The goods remain our property until full payment has been received.
Resale or pledging of goods before transfer of ownership is not permitted.
8. Warranty
Statutory warranty rights pursuant to §§ 922 et seq. of the Austrian Civil Code (ABGB) apply.
Our products are carefully inspected prior to shipping. As chocolate products are sensitive to temperature, visual changes (e.g., whitish film from fat bloom) do not constitute a legal defect and do not entitle the customer to make a complaint.
In the event of a defect, consumers are entitled to repair or replacement. If this is not possible, the customer may request a reasonable price reduction or cancellation of the contract (rescission).
Business customers must report visible defects in writing within 5 working days of receiving the goods; otherwise, the goods are deemed accepted.
9. Liability for Defects
We assume no liability for improper storage or handling of the products after delivery (e.g., melting due to heat, humidity, or incorrect storage).
10. Jurisdiction and Applicable Law
Austrian substantive law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
The place of performance and jurisdiction is Vienna, provided the customer is a business entity.
For consumers, this place of jurisdiction applies only if they have their domicile, habitual residence, or place of employment in this judicial district.
11. Final Provisions
Should individual provisions of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
Changes and additions must be made in writing.