General terms and conditions of business
GToC
1. Scope
The General Terms and Conditions in the currently valid version apply to every use of this website (thoralm.at), in particular to every order. In the event of changes to these General Terms and Conditions, the version published on the Internet at the time of the order applies.
Deviating agreements must be in writing.
If individual provisions of these General Terms and Conditions are wholly or partially ineffective due to mandatory legal regulations, the remaining provisions of these General Terms and Conditions remain in effect unchanged.
2. Contractual partner
The operator of the website thoralm.at and contractual partner for online orders and other forms of ordering is:
THORALM Manufaktur GmbH
Weissenbach 274
5350 Strobl
Austria
Object of the company: Spirits production and sales
Year founded: 2021
Shareholders: Mark Pohl, Robert Prym, Dr. Arne Kappenberg and Shaun Robinson
Media owner: THORALM Manufaktur GmbH
Leaf line: The website thoralm.at is used to advertise and sell goods and services as well as to promote our company.
– – – – – – – – – – – – – – – > Chamber: Salzburg Chamber of Commerce
VAT number: ATU 77840302
Email: post@thoralm.at
3. Conclusion of contract for online orders
THORALM Manufaktur GmbH offers, among other things, spirits on the website thoralm.at. The offers presented do not constitute a binding offer on the part of THORALM Manufaktur GmbH.
Only when the goods are available and an order is placed via the online shop or by email by the buyer will a binding purchase contract be concluded between the buyer and THORALM Manufaktur GmbH. THORALM Manufaktur GmbH reserves the right to refrain from delivery if the goods are not available. There is therefore no delivery guarantee. If payment has already been made by the buyer, THORALM Manufaktur GmbH will inform the customer immediately and, if necessary, refund the purchase price paid. Any claims for damages due to late or impossible delivery are excluded. A purchase contract is concluded when the buyer confirms the goods added to the shopping cart via the order form by pressing the “Order with obligation to pay” button.
4. Protection of minors
Due to the Youth Protection Act, no deliveries will be made to people under 18 years of age. By confirming the order, the buyer confirms that he is at least 18 years old and is therefore old enough to purchase spirits. Different child protection regulations may apply to orders from abroad.
5. Damages
Claims for damages in connection with the use of this website and in connection with legal transactions with THORALM Manufaktur GmbH are excluded unless there is damage to the person or a person for whom THORALM Manufaktur GmbH is responsible causes the damage intentionally or with gross negligence owed. Any further liability is excluded except for claims under the Product Liability Act. All information has been carefully researched, but we cannot absolutely rule out errors or typographical errors.
6. References and links
References and links to external sites are only guides. THORALM Manufaktur GmbH does not identify itself with the content of external sites to which reference or links are made. THORALM Manufaktur GmbH is only liable for linked pages in accordance with Section 17 ECG. If illegal content is detected on a linked page, THORALM Manufaktur GmbH requests notification and will delete the link after checking.
7. Copyrights and Copyrights
THORALM Manufaktur GmbH reserves all rights, in particular trademarks and copyrights, to the entire content of this website, in particular to brands, logos, texts, graphics, photographs, layout and music. Unless use is legally permitted, any use of content on this website, in particular storage in databases, reproduction, distribution or processing, requires the express written consent of the rights holder. All product images are symbolic images.
8. Prices
The prices shown on this website on the day of the order apply. These prices are gross prices including all taxes, in particular including sales tax. All prices are in EURO (€) and include taxes. The delivery fee is in addition to the stated prices and depends on the delivery location and the time window selected.
If export or import taxes become due during shipping, these will also be borne by the purchaser. The prices for the deliveries and services offered do not include costs charged by third parties.
There is no sales tax for sales to customers outside the EU, but they must pay the respective national import taxes. For sales to entrepreneurs within the EU, no Austrian sales tax is due if the UID is provided; they must pay the sales tax in their home country.
9. Delivery
The ordered products are delivered by courier service (e.g. Post, DHL, UPS, or others) within Austria, Germany and Switzerland. Deliveries are made to all addresses that can be reached via a fixed route with the delivery van.
The goods will be delivered to the door of the specified address. Deliveries in pedestrian zones and areas with temporary driving bans can only be made during permitted entry times.
Alcoholic drinks can only be given to people who have reached the age of 18. In case of doubt, photo ID must be presented to the delivery person.
10. Delivery times
The delivery times depend on the delivery address and the respective courier service. In principle, deliveries are made from Monday to Friday during the usual business hours or working hours of the respective courier service.
Please note, however, that in exceptional cases an acceptance period may be blocked early for tour logistics reasons. In this case we ask for your understanding.
11. Due date, means of payment, default and retention of title
Upon delivery:
THORALM Manufaktur GmbH reserves ownership of the goods until full payment has been made. After receiving the delivery, a detailed VAT invoice will be sent by email. Payment by deposit slip is not possible.
Vouchers (e.g. Sodexo, etc.) cannot be accepted as a means of payment.
Credit card payment online:
THORALM Manufaktur GmbH reserves ownership of the goods until full payment has been made.
The purchase can be paid online using one of the payment methods listed below:
Visa and MasterCard, as well as with ApplePay and GooglePay on the corresponding devices.
The data transmission is encrypted and according to the latest security standards.
Payment is processed via our contractual partner stripe.com (EU).
Please also note its general terms and conditions when processing payments.
12. Right of withdrawal
Customers who are consumers according to the Austrian Consumer Protection Act have the right to cancel this contract within 14 days without giving reasons.
Until revoked, THORALM Manufaktur GmbH is willing to take back the purchased goods without giving reasons for a refund of the full purchase price less shipping costs, provided that the return is in the original packaging within 14 working days (Saturday does not count as a working day) from the delivery date, undamaged and with presentation of the original invoice.
Returns will be made at the price in effect at the time of original purchase. The purchase price will be refunded to the bank account specified by the customer. Shipping costs cannot be reimbursed. The customer bears the costs of the return.
The contract can be terminated within the deadline in writing (letter or email) without giving reasons.
In order to exercise your right of withdrawal, you must contact us (THORALM Manufaktur GmbH, Strobl, Austria), email: post@thoralm.at by means of a clear statement (e.g. a letter sent by post or email) about your decision to withdraw from this contract to revoke, inform.
Consequences of revocation
THORALM Manufaktur GmbH can refuse repayment until THORALM Manufaktur GmbH has received the goods back.
The customer must return the goods to THORALM Manufaktur GmbH immediately and in any case no later than fourteen days from the day on which THORALM Manufaktur GmbH was informed of the cancellation of the contract. The deadline is met if the customer sends the goods before the fourteen day period has expired. The customer bears the direct costs of returning the goods.
There is no right of withdrawal for:
Goods that are made to customer specifications or clearly tailored to personal needs; Goods that are delivered sealed and are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery.
13. Warranty Rights
Obvious defects in the delivered goods such as damage caused by transport must be reported to the responsible transport partner and THORALM Manufaktur GmbH immediately after delivery, but at the latest within 3 days of receipt. Any liability is limited to the value of the goods ordered. The decision as to whether a replacement service in the replacement of the goods or the purchase price is refunded rests with THORALM Manufaktur GmbH. According to legal regulations, the customer is entitled to withdraw from the contract if the goods are defective. In this case, the customer is obliged to return the goods in full. The warranty period is 1 year from the time the order is received. After the transfer of risk from the transport partner to the customer, glass breakage in particular does not constitute a reason for the customer to assert warranty claims.
14. Delivery to Depositary
(without personal acceptance by the customer)
If delivery to a storage facility is desired (without personal acceptance by the customer), the customer must indicate this in the delivery note when ordering in the online shop of THORALM Manufaktur GmbH. In this case, payment is only possible online by credit card payment.
The customer guarantees the provision of sufficient storage space. From the time of storage in the depository, the risk and liability is transferred to the customer.
15. Closure of Customer Accounts
THORALM Manufaktur GmbH reserves the right to close and delete your customer account if you:
• in repeated cases, refuse to deliver goods after ordering without reason; or
• insult, insult, threaten, sexually harass the delivery person or driver or display any other behavior towards them that violates common decency and/or the applicable legal system.
16. Complaints, Obmudsstelle, dispute resolution
In the event of complaints or complaints, please contact THORALM Manufaktur GmbH by email to post@thoralm.at. The customer service of THORALM Manufaktur GmbH can be reached from Monday to Friday from 9:00 a.m. to 3:00 p.m.
17. Place of jurisdiction, applicable law
For contracts with companies and end customers, the court with material and local jurisdiction for the headquarters of THORALM Manufaktur GmbH is agreed as the exclusive place of jurisdiction.
The contracting parties agree on the applicability of Austrian law, provided there are no mandatory legal provisions to the contrary.
The UN Convention on Contracts for the International Sale of Goods and all provisions that refer to the United Nations Convention on Contracts for the International Sale of Goods are expressly excluded. For consumers within the EU, their national mandatory consumer law regulations apply, unless the respective Austrian regulations are more favorable for the consumer.
