Terms and conditions
1. Scope of contract and validity
For the business relationship between Dora Hably (Dora’s Cheesecake – production site: 1100 Vienna, Gudrunstrasse 11 / 6B), owner: Dora Hably, 1150 Vienna Jheringgasse 33/2/14 (hereinafter “Contractor”) and the Customer (hereinafter “Customer”) the following general rules are applicable.
Customer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. (§ 13 BGB)
Contractor within the meaning of these Terms and Conditions is any natural or legal person or a legal partnership that acts in the course of a legal transaction in the practice of their independent professional or commercial activity.
Deviating conditions of the Customer are not recognized unless the Contractor expressly agrees to their validity in written form.
The Contractor executes your order according to the General Terms and Conditions valid at the time of the order. The current version of the General Terms and Conditions is available on the website of www.dorascheesecake.com under “Terms and Conditions”. In addition, the Contractor will send you a direct link to view the Terms and Conditions with the order confirmation. The Contractor expressly reserves the right to make changes and additions to the Terms and Conditions.
2. Completion of Contract
The presentation of the products in the online shop is not a legally binding offer, but a non-binding invitation to place an order.
All offers apply “while stocks last”, unless the products state otherwise. Misprints and errors reserved.
The Customer can place the order using the online shop form at www.dorascheesecake.com. The Customer can select products from the Contractor’s assortment without obligation and collect them in a shopping cart using the button in the shopping cart.
As the next step, the Customer can check-out within the shopping cart to complete the ordering process.
After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contract offer in relation to the goods and / or services contained in the shopping cart by clicking the button that concludes the ordering process.
The Contractor then sends the Customer an automatic order confirmation of receipt by email, in which the Customer’s order is listed again and which the Customer can print out using the “Print” function (order confirmation).
The automatic order confirmation of receipt documents only, that the Customer’s order has been received by the Contractor and does not constitute acceptance of the request. The purchase contract is only concluded when the Contractor sends or hands over the ordered product to the Customer within 2 days, or the delivery arrives to the Customer within 2 days with a second email, stated the order confirmation or the invoice.
When submitting an offer via the online order form, the contract text is saved by us and sent to the Customer after receiving his order. Orders are archived on our website and can be called up free of charge via a password-protected Customer account by specifying the corresponding login data, what the Customer has created in his Customer account in the online shop before sending his order.
3. Prices and delivery fees
All prices stated on the Contractor’s website include the applicable statutory sales tax.
In the case of limited offers, their price, scope of service and period of validity are determined in accordance with the respective descriptions on www.dorascheesecake.com or in the sales prospectus.
In addition to the stated prices, the Contractor charges delivery fees for the delivery. You can find out more about the amount of the delivery fees under the heading “Delivery fees”.
4. Delivery and availability of products
If the selected products are not available at the time the Customer orders, the Contractor will inform the Customer of this in the online shop. If the product is permanently unavailable, the Contractor refrains from a declaration of acceptance. A contract is not concluded in this case.
If the product specified by the Customer is only temporarily unavailable, the Contractor will also inform the Customer immediately on the website (in the online shop). In the event of a delivery delay of more than two weeks, the Customer has the right to withdraw from the contract. In this case, the Contractor is also entitled to withdraw from the contract. The Contractor will immediately reimburse any payments already made by the Customer. If advance payment has been agreed, delivery will be made after receipt of the invoice amount.
5. Payment terms
The Customer can choose from the available payment methods as part of and before completing the order process.
If third parties are commissioned with the payment processing, e.g. SOFORTÜberweisung. their general terms and conditions apply.
6. Reservation of ownership
The goods remain the property of the Contractor until full payment has been made.
7. Warranty and guarantee claim
The guarantee is determined according to legal regulations.
The goods delivered by the Contractor are only guaranteed if they have been expressly given.
The subject of the contract is exclusively the goods sold with the properties and characteristics as well as the intended use according to the product description enclosed.
If the goods delivered by the Contractor are defective, you can, within the scope of the statutory provisions, request that the defect be remedied, or the goods delivered free of defects (subsequent performance). If the subsequent performance fails twice, you can reduce the purchase price or withdraw from the contract. The Contractor is also entitled to refuse the type of supplementary performance chosen if it only involves disproportionately high costs and the other type of supplementary performance does not represent any significant disadvantages for you.
8. Impairments to performance
The Contractor is not liable for damage that has not occurred to the goods themselves or for other financial losses.
The Contractor has unlimited liability if the cause of the damage is based on intent or gross negligence.
If the Contractor or his vicarious agents have negligently violated an essential contractual obligation, the obligation to pay compensation for property damage is limited to the foreseeable, typically occurring damage.
9. Right of withdrawal
Every Customer can withdraw from the concluded contract within 14 days after receipt of the goods by sending a written cancellation declaration without giving reasons. For this it is sufficient if the notice of withdrawal is sent within this period (the date of the mailing slip or e-mail delivery date decides). In this case, the Customer is demonstrably obliged to return the goods immediately. The return delivery costs (postage) are borne by the Customer. If the goods have been consumed and / or damaged, the Customer must pay the Contractor an appropriate fee for the consumption, including appropriate compensation for the damage incurred – at a maximum of the value of the goods.
The cancellation must be sent to: Dora Hably, Jheringgasse 33/2/14, A-1150 Wien, or via e-mail: firstname.lastname@example.org
10. Exclusion of right of withdrawal
The following contracts are excluded from the right of withdrawal: contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer; contracts for the delivery of goods that spoil quickly or whose expiration date would quickly be exceeded; contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery; contracts for the delivery of goods if they were delivered were inseparably mixed with other goods due to their nature.
The cheesecakes offered by the Contractor are handmade individual pieces, which can have slight deviations in terms of size, weight and colour, which are reasonable for the Customer.
All products are checked by us before dispatch. If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and please contact us immediately.
Please note the information on product’s expiration date and storage.
No liability is accepted for transport damage and damage resulting from improper storage of the goods after acceptance.
12. Customer obligations
The Customer can submit online his feedback and review of the product under the following link: https://dorascheesecake.com/product/cheesecake/ . With the process of uploading image data and texts, the Customer confirms that the he has the right to reproduce and distribute this data. Due to the automated process, the Contractor does not manually check or correct the data.
The Customer assures that all files and their content that the Contractor has made available by the Customer for the execution of the contract do not violate applicable rights.
The Customer guarantees in particular:
a) that no racist templates, materials and content glorifying, inciting, racism, propaganda, identifying unconstitutional parties or their substitute organizations or instructions on criminal offenses; pornographic templates, materials or content that are the subject of child sexual abuse or sexual acts with animals and also no discriminatory statements or representations regarding race, gender, religion, nationality, disability, sexual orientation or age to the Contractor.
b) that no laws protecting youth or criminal laws are violated. This applies in particular to the legal regulations of §§ 184 ff StGB (distribution of pornography), 185 ff StGB (insult, defamation, defamation) as well as to the provisions of the youth media protection state treaty.
c) that in particular images and texts sent to the Contractor do not violate any copyrights, trademarks or other protective rights of third parties, general personal rights or other rights of third parties.
Orders can only be cancelled in the status “Complete”, “Pending” and “Data received” and at the latest up to 48 hours before the selected delivery date. Cancellations in a later status or at a later time are excluded.
Cancellations can only be requested by the Customer himself.
A processing fee of € 10 will be retained for a cancellation.
14. Data encryption
Our security server software encrypts all of your personal data such as credit card number, bank code, bank account number, name and address. This information cannot be read by unauthorized persons when it is transmitted on the Internet. With encryption, the characters you enter are converted into a code that can be securely transmitted over the Internet. This means that our customers are optimally protected against unauthorized access.
15. Place of jurisdiction, applicable law, contract language
The place of jurisdiction and place of performance is Vienna.
The law of the Republic of Austria applies. This does not apply if mandatory consumer protection regulations prevent such an application.
The contract language is German.
Please note that the photos on our homepage are sample photos and the actual appearance may differ from these photos.
The use of texts, parts of texts, images or data from our website and their reproduction requires the prior consent of Dora Hably.
All images used on this website are subject to copyright regulations and are the property of Dora Hably and Markus Schiller Photography. Any use of these images is only permitted with the prior consent of Dora Hably or Markus Schiller Photography.