These GTC apply to all contracts concluded via the online store between Bieder&Maier and the customer of Bieder&Maier.

Conflicting GTC shall only apply if Bieder&Maier expressly submits to them in writing. The written form requirement does not apply to consumer transactions.

Use of the website and the online store is free of charge. Orders via the online store are only permitted to persons who have reached the age of 14.

The data provided by the customer during the ordering process must be complete and accurate. Bieder&Maier reserves the right not to accept orders that contain incomplete and/or incorrect data. The customer must inform Bieder&Maier immediately in writing of any changes to his name or address. If no notification of change is made, documents shall be deemed to have been received by the customer if they were sent to the address last notified by the customer. Requests for changes to invoices cannot delay the due date of invoices.

There may be minor and reasonable differences between the product images in the online store and in catalogs, brochures or other sales material and the delivered product, e.g. a change in the appearance of the packaging. The presentation of the products in the online store also does not constitute a binding offer in the legal sense. It is an invitation to the customer to submit an offer. The customer submits the offer in the legal sense by placing the order in the online store.

After selecting a product category (coffee, gifts, tea, chocolate, accessories, vouchers) or their respective subcategories on the start page, the products assigned to the selected category are displayed.

By clicking on the respective product, detailed information about the selected product is displayed. The “Add to bag” button is also located on this page. In front of this button is a field in which the product price is displayed.

This can be changed by entering the desired order quantity.

The “Add to bag” button adds the product (in the desired quantity) to the shopping cart.

The “Shopping cart” can be seen on the right-hand side of the website. By clicking on this field, the contents of the “shopping cart” are displayed and it is possible to change or remove products from the shopping cart at any time. Once changes have been entered, the shopping cart is changed or all products are removed from the shopping cart by clicking on “Empty shopping cart”.

The “Check Out” button takes you to a page with Express Checkout or the page where you can register a customer account or enter your address details. By entering the delivery address, the payment method can be selected (credit card, Paypal, Shop Pay, Google Pay, Apple Pay, Klarna, Sofortüberweisung).

If customer data is still missing at this point, a message will appear asking the customer to complete the open fields.

After entering all data and submitting the order, the GTC are accepted. The GTC can be accessed at any time.

The completion of the order process by activating the “Pay now” button in the online store represents a binding offer by the customer to conclude a purchase contract with Bieder&Maier.

After the order is placed, Bieder&Maier sends the customer a confirmation e-mail containing the details of the order (order confirmation). This written order confirmation alone is decisive for the content and scope of the order. However, the confirmation does not constitute acceptance of the customer's offer.

Acceptance of the order and thus the purchase contract is concluded for orders for goods by sending the order (the actual act of sending), for other orders (courses, subscriptions, etc.) only by sending a second e-mail (dispatch confirmation). By accepting these General Terms and Conditions and sending his order subject to payment, the customer agrees to the provision of the dispatch confirmation by e-mail.

If Bieder&Maier is unable to fulfill the order due to lack of availability or if Bieder&Maier does not accept the order, Bieder&Maier shall inform the customer immediately and refund any payments already made without delay.

Unless the transaction is a consumer transaction, amendments and additions to the contract are only effective if they are agreed in writing.

The written form requirement is also met by sending a handwritten signed document as a pdf by email or by an electronically signed document or email (simple electronic or advanced electronic signature is sufficient).

The customer has the option of ordering a coffee subscription via the online store. The customer is granted a 20% discount on the regular, non-discounted sales price. This discount cannot be combined with other promotions.

The coffee subscription includes regular deliveries of the agreed type and quantity of coffee from Bieder&Maier to the customer. The customer can define the delivery interval and the delivery quantity when placing the order.

Deliveries are made to the delivery address specified by the customer. For deliveries as part of the coffee subscription, there are no shipping costs for the customer if the delivery threshold for free delivery is exceeded. 

The coffee subscription is marked separately in the customer's shopping cart and the price to be paid for each delivery interval is shown.

The contract for the coffee subscription begins with the transmission of the shipping confirmation for the first delivery and is concluded for an indefinite period. A minimum contract term is not agreed.

Bieder&Maier shall inform the customer by e-mail before the dispatch of each delivery under the coffee subscription about the content of the upcoming delivery.

The customer may terminate the coffee subscription contract at any time and without giving reasons. To cancel the coffee subscription, the customer can send a corresponding message to Bieder&Maier using the contact details in point 1 of these GTC or cancel the subscription in the account settings.

Bieder&Maier may terminate the coffee subscription contract without stating reasons by giving 14 days' notice to the 15th of the month and to the last day of the month.c

In the case of consumer transactions, the customer has the right to withdraw from the contract concluded via the online store within fourteen days without giving any reason.

The withdrawal period is fourteen days (i) from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods or (ii) - in the case of a contract for several goods that the customer has ordered as part of a single order and which are delivered separately - on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the last goods or (iii) - in the case of a coffee subscription - from receipt of the first delivery as part of the coffee subscription.

To exercise the right of withdrawal, the customer must inform Bieder&Maier (m2 Kaffeemanufaktur und Vertriebsges.m.H, Lehargasse7, 1060 Vienna, e-mail: office@biedermaier.com) of his decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).

If the customer withdraws from this contract, Bieder&Maier shall reimburse to the customer all payments received from the customer, including the costs of delivery (with the exception of the supplementary costs resulting from the customer's choice of a type of delivery other than the least expensive type of standard delivery offered by Bieder&Maier), without undue delay and in any event not later than 14 days from the day on which Bieder&Maier is informed about the customer's decision to withdraw from this contract. For this repayment, Bieder&Maier will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no case will the customer be charged any fees for this repayment. Bieder&Maier may refuse repayment until Bieder&Maier has received the goods back or the customer has provided proof that the customer has returned the goods, whichever is the earlier.

The customer must return or hand over the goods to Bieder&Maier immediately and in any case within fourteen days at the latest from the day on which the customer informs Bieder&Maier of the revocation of this contract. The deadline is met if the customer sends the goods before the expiry of the fourteen-day period.

The customer shall bear the direct costs of returning the goods. The goods must be returned in their original packaging.

The customer shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

(If you wish to cancel the contract, please fill out this form and send it back to us)

To:

m2 Kaffeemanufaktur und Vertriebsges.m.H, Lehargasse7, 1060 Vienna

E-mail: office@biedermaier.com

I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()

Ordered on ()/received on ()

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only for notification on paper)

Date

(*) Delete as appropriate.

The statutory restrictions apply (exceptions to the right of withdrawal/cancellation e.g. goods according to customer specifications, perishable goods, sealed packaged goods or services provided in connection with leisure activities, provided that a specific time or period is contractually stipulated for the performance of the contract by the entrepreneur).

The prices valid at the time of ordering apply. All prices stated on the website are non-binding and subject to change at any time. Any change has no effect on contracts already concluded. The prices quoted are gross prices (i.e. including the applicable VAT) in euros ex warehouse of Bieder&Maier excluding shipping and any other taxes and customs duties. Packaging and shipping costs as well as any other taxes and customs duties are to be borne by the customer. The shipping costs vary depending on the country of destination. The shipping costs incurred in each case are to be borne by the customer and can be viewed in the “Checkout” area of the order process, as can any other costs and taxes. The shipping costs are calculated per delivery and are independent of partial deliveries and the number of items ordered. 

The invoice amount is due upon receipt of the invoice sent with the goods or the voucher. In the case of a coffee subscription, the billing cycle therefore depends on the selected delivery interval. The customer can pay the purchase price or subscription fee in advance, by credit card (Mastercard, VISA, Amex and Mastro), by Klarna Sofort bezahlen, by Klarna Rechnung, by Apple Pay, Google Pay, Shop Pay or by PayPal and must use the payment method specified when placing the order. Bieder&Maier reserves the right to check the creditworthiness of the customer during the ordering process and, if necessary, to exclude individual payment methods.

In the event of late payment, Bieder&Maier is entitled (subject to the assertion of higher damages to be specifically proven) to charge the customer all costs necessary for appropriate legal action as well as interest on arrears. For entrepreneurs, § 456 UGB applies. For consumers, interest on arrears shall be 5% p.a. from the due date.

In addition, Bieder&Maier is entitled to exclude the customer from further orders in the event of non-payment and a single reminder.

The customer is not entitled to offset outstanding claims against Bieder&Maier, unless Bieder&Maier becomes insolvent or the counterclaim is recognized by a court or established by a court or recognized by Bieder&Maier.

Until full payment of the purchase price or subscription fee and all associated costs and expenses by the customer, ownership of the contractual service shall remain with Bieder&Maier. The customer is obliged to take all precautions to secure and protect Bieder&Maier's property, i.e. in particular, pledging, transfer by way of security or other realization is prohibited.

With the exception of consumer transactions, the place of performance for deliveries by the registered office of Bieder&Maier.

Partial deliveries are permitted, unless it is a consumer transaction.

In the event of force majeure, the contractual obligations of both contracting parties shall be suspended. Force majeure includes, for example, labor disputes in own or supplier companies, transport delays, machine breakage, pandemics, sovereign measures and other circumstances for which neither party is responsible.

Bieder&Maier will deliver the ordered products to the delivery address specified by the customer. Bieder&Maier will choose the means and route of transportation. The customer is obliged to accept the delivered products, even if they show any defects. In the event of incorrect, incomplete or unclear information provided by the customer, the customer shall bear all resulting costs.
Deliveries are only made on weekdays (Monday to Friday). No deliveries are made on Sundays or public holidays. Unless otherwise requested, deliveries will be sent by normal post. 

Delivery dates specified by Bieder&Maier are always non-binding, unless they have been expressly agreed in writing as binding. Compensation for damages due to late delivery is excluded in any case, unless there is intent or gross negligence on the part of Bieder&Maier. This clause does not apply to consumer transactions.

If Bieder&Maier is unable to deliver the ordered goods through no fault of its own (e.g. because a supplier has not fulfilled its contractual obligations), Bieder&Maier is entitled to withdraw from the contract with the customer. This clause does not apply to consumer transactions.

The risk is transferred to the customer when the goods are handed over to the means of transportation. In the case of consumer transactions, the risk shall only pass to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer by the carrier, unless the consumer himself has concluded the contract of carriage.

If delivery to the customer is not possible for a reason for which he is culpably responsible (e.g. because he was not found at the delivery address), he shall bear the costs of the unsuccessful delivery.

If Bieder&Maier is responsible for a delay in delivery, the customer may demand fulfillment or withdraw from the contract by setting a reasonable grace period (at least 3 weeks from delivery of the deadline).

In the event of damage to the goods during transportation, the customer must report the damage to the transport company immediately and claim the damage there, unless it is a consumer transaction. Bieder&Maier is not liable for culpable behavior of third parties, unless the customer is a consumer.

Bieder&Maier expressly points out that personal data of customers are passed on to third parties for processing to ensure the contractual service.

For domestic end customers (Austria)

Order value up to € 500 incl. VAT: € 9 incl. VAT Shipping costs
Order value from € 500.- incl. VAT: no shipping costs

Our logistics partners for shipping our goods are GLS and DHL (forwarding goods - pallet). For urgent deliveries we can use courier services in the Vienna area. The price depends on the size and weight of the shipment and the delivery zone.

Products in stock will be dispatched on the next working day at the latest after receipt of payment. The standard delivery time throughout Austria is 24 hours - i.e. delivery usually takes place on the next working day.
Espresso machines are delivered to the kerbside by a forwarding agent and notified by telephone or email;
You will receive track & trace information from GLS/DHL by email.
Please note that we cannot ship machines if there is a risk of frost. Damage-free shipping is only possible if the outside air temperature does not fall below 0 °C;
Please check your parcel and its contents immediately for any transport damage. Complaints must be reported to us within 24 hours. We require informative pictures of the damaged goods and packaging in order to process claims with our logistics companies. If you notice damaged transport packaging on delivery, please sign only with reservations.
Delivery to GLS packing stations possible on request.

International (on request)
For international deliveries, please contact us by e-mail or telephone. Please note that La Marzocco can only offer a regional service.

Installations
Upon customer request, we can install grinders, espresso machines and other peripherals (Perfect Moose, Milkit, Pupress, Pro Fondi etc) on site in the Vienna area. In other parts of Austria, we work closely with our La Marzocco Team Austria partners to offer you the best possible service on site. Installation costs and travel costs are quoted individually for projects. Please note that our technicians are not allowed to make any changes to the in-house infrastructure. Electrical connections, water supply and drainage must be prepared by a licensed company.

For all inquiries, please feel free to contact us at office@biedermaier.com

In the case of goods shipped by Bieder&Maier from handcrafted production as well as natural products, color deviations and/or sample deviations may occur. These do not entitle to warranty claims.

The statutory provisions of § 9 KSchG apply to consumer transactions; consequently, the consumer's warranty rights cannot be excluded or restricted before knowledge of the defect; the statutory warranty provisions apply.

The customer is obliged to inspect the subject matter of the contract for defects immediately upon receipt and to notify Bieder&Maier of any defects in writing and in detail within seven working days. Defects discovered later must also be reported in this form. In the event of non-compliance with the obligation to inspect and give notice of defects, the customer's claims to warranty, to compensation for damages due to the defect and due to an error regarding the absence of defects in the item are forfeited.

The burden of proof that the defect was present when the goods were handed over lies with the customer (even within the first 6 months after handover). The reversal of the burden of proof in accordance with § 924 sentence 2 ABGB is therefore excluded.

If there was a defect for which Bieder&Maier is responsible when the contractual item was handed over, Bieder&Maier shall rectify this at its discretion by repair or replacement. Rescission is excluded.

The warranty period shall be three months from handover.

Warranty claims by the customer that go beyond this provision are excluded. Also excluded are claims for compensation for damage that has not occurred to the object of the contract itself. This shall not apply in cases of mandatory liability due to intent, gross negligence or the absence of warranted characteristics.

In any case, no warranty is assumed in the event of unsuitable or improper use, treatment or application.

Furthermore, no guarantee is given that the website will always be online. Bieder&Maier is entitled to temporarily shut down the online store for maintenance reasons.

If there is a defect recognized by Bieder&Maier and a subsequent delivery has been made, the customer is obliged to return the goods first delivered within 14 days at Bieder&Maier's expense. Bieder&Maier reserves the right to claim damages under the statutory conditions.

Bieder&Maier is not liable for a failure of the server. Bieder&Maier is entitled to temporarily suspend the online store for necessary reasons (e.g. maintenance, security, capacity, improvement, etc.). Such a temporary suspension has no effect on contracts already concluded.

The links offered on the website have been carefully selected, but no liability is assumed for the content of the pages offered via links.

The following provisions of this point do not apply to consumer transactions:

Bieder&Maier shall only be liable - with the exception of personal injury - for damage to the delivered goods themselves and in the event of intent, gross negligence or culpable breach of material contractual obligations. Other and further claims of the customer, in particular for loss of profit, loss of savings, consequential damage, financial loss, loss of interest are excluded in any case.

The injured party must prove the existence of slight or gross negligence.

In particular, Bieder&Maier shall not be liable for damages due to force majeure, labor disputes in its own and third-party companies, machine breakage, pandemics, sovereign measures, disruptions, interruptions or other defects in the direct or indirect network connection, for actions of third parties in the network area and other measures for which neither party is responsible or necessary and appropriate technical measures (e.g. maintenance).

The amount of damages shall be limited to three times the order value.

Insofar as liability is limited by law, this also applies to the personal liability of employees, staff, representatives and vicarious agents of Bieder&Maier.

Claims for damages shall lapse within 12 months of knowledge of the damage and the damaging party. In cases of intentional breach or grossly negligent breach of duty and fraudulent concealment of defects as well as in the case of claims for damages under the PHG, the statutory limitation provisions shall apply.

In the event of damage caused by an assistant of Bieder&Maier, Bieder&Maier assigns all claims to which it is entitled against the assistant to the customer without warranty. In this case, the customer shall give priority to this agent.

The services offered by Bieder&Maier on the homepage, content and structure of the homepage/website are protected by copyright.

All symbols shown, in particular the Bieder&Maier logo and the company name, are protected by trademark law.

Modification of the homepage/website is prohibited.

The alteration, removal, destruction and processing of any proprietary notices, trademarks, network labels, etc., which are affixed to or attached to the delivered contractual items, are prohibited.

The European Commission provides a platform for online dispute resolution, which can be found at http://ec.europa.eu/consumers/odr/. Bieder&Maier is not obliged to participate in dispute resolution proceedings before a consumer arbitration board and does not participate voluntarily.

The place of jurisdiction for all disputes arising from contracts with the customer is the competent court in Vienna. Bieder&Maier also has the option of suing the customer before any other competent court. In the case of consumer transactions, the place of jurisdiction shall be determined in accordance with § 14 KSchG.

Austrian substantive law shall apply to the exclusion of its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods. This choice of law shall not result in the consumer being deprived of the protection afforded to him by those provisions from which the law of the country in which he has his habitual residence may not be deviated by agreement (principle of favorability).

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. The latter does not apply to consumers.

These GTC can be called up, saved and printed at any time.

All rights and obligations arising from the respective contract are transferred to the respective legal successor. Unless it is a case of universal succession, each contractual partner is obliged to transfer the rights and obligations arising from the contract to the legal successor.

These GTC are available in various languages. In the event of a conflict between the German version of the GTC and one of their official translations, the German version shall take precedence.

Translated with DeepL.com (free version)