These General Terms and Conditions apply to all deliveries of goods made by Querfeld’s Viennese Confectionery GmbH based on orders placed at a distance. By placing an order, or at the latest upon receipt of the goods, the customer acknowledges these terms and conditions.
Conclusion of Contract
The customer’s order constitutes an offer. A contract is only established after acceptance on our part. An order is only possible if all mandatory fields marked with an asterisk (*) in the order form are filled out and the electronic transmission of the form to us is successful. In case of missing information or if we cannot fulfill the order for other reasons, the customer will receive an error message. Before finalizing the order, the customer has the opportunity to correct their order. Subsequent corrections are no longer possible. The customer will receive supportive detailed information during the ordering process. Once the ordering process is completed, the customer will be notified through an information window stating “Your order has been completed and successfully sent to us.” However, this does not constitute our acceptance of the customer’s offer. The customer will be notified of our acceptance via email.
1. The sale and delivery of alcoholic beverages can only take place to individuals over 18 years of age. To comply with legal regulations, we are entitled to hand over the goods only after verification through an official photo ID. In the event of legitimate refusal of delivery, the customer is obligated to compensate for the actual damages incurred (e.g., delivery/return/processing costs, etc.).
2. By placing the order, the customer confirms that they or the recipient of the goods is older than 18 years.
The contract language is German. (?)
Our online offer is currently primarily aimed at customers with residence or habitual residence in Austria and Germany.
Not all products are suitable for postal delivery. The transfer of goods is done through the following options:
• Postal delivery (Austria & Germany). If the customer wishes to have the order shipped to a different country, it is possible to contact us at Tel. +43 1 24 100-567 (Mon. – Fri. from 7 am to 2 pm) or firstname.lastname@example.org.
• Courier service (Greater Vienna area)
• Pickup (Cake shops)
Landtmann’s Original Backstube cannot be held liable for undeliverable or delayed delivery of products if the cause is an incorrect delivery address or the recipient’s absence. Furthermore, unaccepted or uncollected packages from any package shops cannot be resent free of charge. Once they are returned to the sender (Landtmann’s Original Backstube) through a fee-based parcel service (company GLS), due to their perishable nature (expired minimum shelf life) and potential improper storage, they will be discarded by us. Therefore, re-shipping is not possible.
Shipping costs range from 2.50 euros to 7 euros depending on the product. An exact breakdown of shipping costs can be found in the FAQ section. All orders will be dispatched on the next working day. Upon request, shipping can also be scheduled for a later date. Estimated delivery time is at least 3 – 5 working days (delivery times vary depending on the destination and type of product).
Within the city limits of Vienna, we offer a courier service. The starting point is always Landtmann’s Original Backstube in Alterlaa. Order by midnight and we will be on our way to you or an address of your choice within Vienna on the following day. Delivery times: Monday – Sunday from 9:00 AM – 4:00 PM. Delivery cost: €9.90 – free delivery for orders over €60! Now, new for you: we deliver daily from 9:00 AM – 7:00 PM at your very own preferred time within Vienna for €15! Including Sundays and public holidays!
Our cake shop can be selected as a pickup location during the ordering process (Landtmann’s Cake Shop). When choosing to pick up at our cake shop, no additional delivery costs apply. For orders placed by midnight, the ordered cake(s) can be picked up from our cake shop two days later starting at 10 AM. The exact pickup date and location must be specified during the ordering process.
Delivery times in general.
We indicate any potential deviations in delivery times on the respective product page. We do not have control over delays (increased traffic, weather conditions, traffic jams, unforeseeable events, etc.) that are outside our scope of operation, and unfortunately, we do not provide compensation for such delays. We will, however, attempt to redeliver at a later time after consulting with the customer, if possible.
Our prices include the statutory Austrian value-added tax, excluding delivery costs and any additional services. For our deliveries, we charge an additional packaging and shipping fee (“delivery costs“), the specific amount of which depends on the ordered product as well as the delivery location. An overview of the delivery costs can be found in our FAQ.
Voucher Codes / Discount Codes
Voucher codes / discount codes can be entered in the designated field during the ordering process. Voucher codes / discount codes are not applicable for the purchase of vouchers, event tickets, delivery, or shipping costs. Voucher codes / discount codes are not valid for products already on sale and cannot be combined with other voucher codes / discount codes. Unless stated otherwise, voucher codes / discount codes are redeemable only once per customer.
Issued voucher codes (newsletter sign-ups, promotions, or other campaigns, feedback, etc.) are valid exclusively for orders placed through our online shop and cannot be used for on-site consumption/orders in our establishments or orders placed via email/phone/fax, or redeemed in cash.
We accept the following payment methods for purchases in the online shop:
– Credit Card (Visa, MasterCard)
– Instant Bank Transfer
The customer is obligated to fully pay the purchase price at the time of contract conclusion. The delivery of the goods will take place only after the payment is received in our bank account.
Purchase/Pickup by advance order on marvella.at or by telephone order at our cake shop:
– Credit Card (Visa, MasterCard)
– Cash or Debit Card
In the absence of a different agreement, the purchase price is to be paid upon pickup at one of our cake shops upon receipt of the goods.
The cash receipt serves as an invoice on-site.
Retention of Title
The goods remain our property until full payment is made.
The customer is required to inspect the goods for completeness upon arrival. In case of defects or incompleteness, this must be reported to Querfeld’s Viennese Confectionery GmbH within 3 working days after the goods’ arrival with the customer. (Preferably in written form.) In the event of a defect, the customer is entitled to a replacement delivery. If rectifying the defect through replacement delivery is not achieved, a reduction of the purchase price can be agreed upon, or the contract can be mutually revoked. In the case of the delivery of perishable goods, such as cakes, warranty claims expire after the expiration of the shelf life.
Right of Withdrawal / Right of Revocation
The term “Widerrufsrecht” commonly used in Austria corresponds to the term “Rücktrittsrecht” used in Germany and mentioned in the Consumer Rights Directive. Therefore, we use the equivalent term pair “Widerrufsrecht (Rücktrittsrecht).” The customer has the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day on which the customer or a third party other than the carrier and indicated by the customer acquires, physical possession of the goods. To exercise the right of withdrawal, the customer must inform us, Querfeld’s Viennese Confectionery GmbH, Altmannsdorfer Straße 154-156, 1230 Vienna, Tel.: +43 1 24 100-567, Email: email@example.com, of their decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post, fax, or email). To meet the withdrawal deadline, it is sufficient for the customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period expires.
There is no right of withdrawal (revocation) for goods that are customized to customer specifications or clearly tailored to personal needs.
There is no right of withdrawal (revocation) for goods that can perish quickly or whose expiration date would be quickly exceeded.
For goods that are delivered sealed and are not suitable for return due to health protection or hygiene reasons once unsealed after delivery, the right of withdrawal (revocation) is void.
Consequences of Withdrawal
If the customer withdraws from this contract, we shall reimburse to the customer all payments received from them, including the delivery costs (except for the additional costs resulting from the customer’s 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 fourteen days from the day on which we are informed about the customer’s decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as the customer used for the initial transaction unless the customer has expressly agreed otherwise; in any event, the customer will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or the customer has supplied evidence of having sent back the goods, whichever is the earliest. The customer shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which they communicate their withdrawal from this contract to us. The deadline is met if the customer sends back the goods before the period of fourteen days has expired. The customer will bear the direct cost of returning the goods. They are only 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 customer agrees that the data provided during the order and order processing will be collected, processed, stored, and used for the purposes of our accounting as well as for internal market research and marketing purposes. The data will be used by us to fulfill legal requirements, process payment transactions, and for advertising purposes.
Applicable Law, Place of Performance, Jurisdiction
The legal relationships with the customer are exclusively subject to Austrian substantive law. The place of payment and performance, as well as the place of jurisdiction, is Vienna.