General Subscription and Delivery Conditions
On this page you will find the General Subscription and Delivery Conditions of Falstaff Verlag.
1. Scope of the Subscription and Delivery Conditions
The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relations between the customer and Falstaff Verlags-Gesellschaft.m.b.H. (hereinafter referred to as "Falstaff") arising from the ordering of subscriptions in connection with the Falstaff magazine as well as various guides (e.g. Restaurant Guide, Café Guide, Bar & Spirits Guide, Wine Guide) and various book productions. The version of the GTC valid at the time of the conclusion of the contract shall apply in each case. Deviating, conflicting or supplementary GTC, even if known, do not become part of the contract, unless Falstaff has expressly agreed to their validity in writing.
Price changes as well as changes to the GTC will be announced to the customer in time in advance and are valid with effect from the future date indicated - as agreed, if the customer does not object to the announced changes in writing (e-mail or fax is sufficient) within 14 days.
2. Information Obligations
According to § 5a Abs 1 Konsumentenschutzgesetz (hereinafter "KSchG") and § 4 Abs 1 Fern- und Auswärtsgeschäfte-Gesetz (hereinafter "FAGG") Falstaff provides the customer with the following already existing information:
Essential characteristics of the goods: subscription to Falstaff Magazine, which is published 4 times per year (Falstaff International) or 9 times a year (Austria, Germany, Switzerland).
Guides & books: once per year in each case
Special issues: once a year in each case
Contractual partner: Falstaff Verlags-Gesellschaft.m.b.H, Führichgasse 8, 1010 Vienna, phone: +43 1 9042141, fax: +43 1 9042141 450, e-mail: email@example.com.
Subscriber service: Falstaff Verlags-Gesellschaft.m.b.H Aboservice, Führichgasse 8, 1010 Vienna, phone: +43 1 9042141, fax: +43 1 9042141 450, e-mail: firstname.lastname@example.org.
Total price/costs: The prices quoted include all taxes and duties as well as (if not shown separately) delivery costs.
Costs of long-distance communication: customer's normal rate (no value-added rates).
Terms of payment: Credit card/SEPA mandate/payment slip.
Delivery condition: Postal or home delivery.
Right of withdrawal: see cancellation policy point 4.
Right of warranty: according to § 922 ff ABGB (Austrian Civil Code); manufacturer warranties possible for entry-level offers.
Cancellation conditions: in writing (e-mail or fax is sufficient) 2 months, see point 8.
3. Conclusion of Contract
Falstaff invites customers to make an offer to purchase a subscription and/or guides and/or book by providing telephone order hotlines of subscription order forms and online order services; this invitation is subject to change and non-binding.
By placing an order, the customer makes a binding offer to enter into a contract. In the case of content ordered electronically, Falstaff will confirm receipt of the order without delay. The confirmation of receipt does not constitute a binding acceptance of the order.
Falstaff is entitled to expressly accept the contractual offer (= order of the customer) by sending the order confirmation or by delivering the goods. Depending on which occurs first, the subscription contract comes into legal effect with the sending of the order confirmation or with the delivery of the first magazine by Falstaff.
Falstaff is entitled to refuse acceptance of the order or to limit the order to a customary quantity.
4. Right of Revocation or Withdrawal
The customer is, as far as he is a consumer in the sense of the KSchG, legally entitled according to § 3 KSchG and § 4 Abs 1 Z 8 FAGG, to revoke his contractual declaration (order) made outside the business premises of Falstaff or (after acceptance by Falstaff) to withdraw from the contract under the conditions of the following declaration of withdrawal (see point 4).
Withdrawal period: The withdrawal must be exercised within 14 days after the first delivery of the magazine (for details, see withdrawal policy point 4.).
No right of revocation or no right of withdrawal exists for contracts concluded on the business premises of Falstaff/the authorized agent/the retailer, contracts concluded at a trade fair stand of Falstaff/the authorized agent/the retailer, insofar as the subscription sale is usually exercised there (see recital 22 of the Directive 2011/83/EU), for contracts concluded outside of business premises (§ 3 Z 1 FAGG) and where the consideration to be paid by the consumer does not exceed the amount of EUR 50.00, the delivery of magazines outside of a subscription and in the case of the digital delivery of publications, insofar as Falstaff has commenced delivery prior to the expiry of the right of withdrawal and the consumer has taken note of the loss of the right of withdrawal and has expressly consented to this.
Cancellation policy: According to § 3 KSchG and § 4 Abs 1 Z 8 FAGG Falstaff informs the customer about the following right of cancellation:
RIGHT OF REVOCATION
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day you receive the first magazine.
In order to exercise your right of revocation, you must inform Falstaff Verlags-Gesellschaft.m.b.H, Leserservice, Führichgasse 8, 1010 Vienna, telephone: +43 1 9042141, fax: +43 1 9042141 450, e-mail: email@example.com by means of a clear declaration (e.g. by post or e-mail) of your decision to revoke this contract. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
CONSEQUENCES OF REVOCATION
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over any goods received in addition to the magazine (e.g. guides or books) to us immediately and in any case no later than within fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods. You will only have to pay 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 the condition, properties and functioning of the goods.
5. Contract Content
Subscription: The contract includes the subscription to 4 Falstaff magazines per year. As a rule, delivery shall commence of the issue following in time after conclusion of the contract and/or submission of the offer by the customer.
Single orders: The contract contains the one-time order of a selected product from Falstaff. Delivery usually begins after conclusion of the contract and payment for the product.
The customer is obliged to inform Falstaff immediately of any changes of address by telephone or in writing (e-mail or fax is sufficient) in order to enable Falstaff to fulfill its contractual obligations.
Within the scope of the logistical possibilities announced upon conclusion of the contract, Falstaff will deliver the magazines or the ordered goods by mail exclusively to Austrian addresses.
Trial subscription: The contract includes the subscription of 3 consecutive Falstaff magazines.
6. Terms of Payment
Unless otherwise agreed, the customer is obliged to pay the agreed fee annually in advance. It is also agreed that in the case of individual orders, payment must be made in advance.
With the signed SEPA direct debit mandate, Falstaff is authorized, in the case of subscription orders until revoked, to collect the agreed payment amounts when due by SEPA direct debit from the specified account (IBAN). The account holder thereby simultaneously instructs the respective credit institution to honor direct debits drawn on this account by Falstaff.
In case of payment processing via credit card, Falstaff is authorized until revocation to debit the agreed payment amounts from the credit card when due. The account holder thereby simultaneously instructs the respective credit card company to recognize and approve Falstaff's debit.
As soon as and as long as the customer is in qualified default (§ 13 KSchG) with one or more payments, Falstaff is entitled to stop magazine deliveries until payment is made (right of retention); in this case, the customer's obligation to pay for the continuing subscription remains in effect.
In the case of individual orders, no delivery of the product will be made if payment has not yet been made. If the delay in payment exceeds one month, Falstaff is entitled to withdraw from the contract.
The statutory interest on arrears shall apply. In the event of a delay in payment, Falstaff is entitled to charge a maximum of EUR 15.00 per own reminder and/or to hand over the matter to a collection agency/lawyer for further enforcement. The appropriate costs of this external debt collection are also to be reimbursed by the customer.
If Falstaff has granted installment or partial payment options, a loss of date is deemed to have been agreed upon and, in the event of default of payment, Falstaff is entitled to make all outstanding amounts due to the customer.
7. Retention of Title
Falstaff reserves the right of ownership of the delivered goods until full payment has been made.
8. Contract Duration
Subscription: The subscription contract is concluded for an indefinite period. The contract can be terminated at the end of the first subscription period, i.e. after one year, and then again at the end of each year, subject to two months' notice in writing (by post, fax or e-mail). The first subscription period ends after one year, calculated from the first of the month in which the first delivery was made, in the case of test subscriptions at the end of the month in which the last delivery was made.
Individual order: This is a delivery order. This delivery order ends with payment by the customer and delivery by Falstaff.
The trial subscription contains three issues of Falstaff Magazine. The trial subscription is automatically extended to an annual subscription unless the trial subscription is cancelled in writing (e-mail is sufficient). The right to prevent the extension to an annual subscription by cancellation exists at the earliest after the expiration of one month from the conclusion of the contract until at the latest two weeks before the end of the mini-subscription. Falstaff undertakes to inform the customer in good time, i.e. before the start of the cancellation period, of the possibility of cancellation in the event of other contract extensions.
9. Warranty, Liability
Falstaff provides warranty for paid contracts according to the provisions of §§ 922 ff ABGB. There is no warranty obligation for services provided by Falstaff free of charge.
The liability of Falstaff and its organs, employees, contractors or other vicarious agents (hereinafter referred to as "persons") is limited to intent or gross negligence; liability for slight negligence is excluded. This exclusion of liability does not apply to personal injury and damage to property that Falstaff has taken over for processing. Insofar as liability is excluded or limited, this also applies to the personal liability of its persons.
10. Data Protection
The data protection declaration, available at www.falstaff.at/agb/datenschutz/, applies analogously to the area of application according to point 1.
11. Final Provisions
For all disputes arising in connection with the present contract, including the pre- and after-effects, the exclusive jurisdiction of the court having subject-matter jurisdiction for Vienna is agreed (not for consumers iSd KSchG). Place of performance is 1010 Vienna.
Austrian substantive law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules.
Should individual provisions of this contract be or become invalid in whole or in part, or should there be a loophole in the contract, this shall not affect the validity of the remaining provisions.
Changes and additions to the contract must be made in writing. This also applies to any waiver of the written form requirement.
Falstaff Verlags-GmbH Reader Service
Führichgasse 8, 1010 Vienna
T: +43 1 9042141
F: +43 1 9042141 450