The following terms and conditions apply to all contracts concluded with us for the distance selling of goods and services in our online shop, both currently and, unless they involve consumer contracts, in the future, and do not apply to services in the hotel business. The customer's general terms and conditions are not recognized.

1. Conclusion of Contract:
A contract is only concluded upon our fulfillment and the dispatch of the goods. However, we will inform the customer in advance about the receipt of their order and the details of the contract to be concluded (order confirmation).

2. Right of Withdrawal and Return for Consumer Contracts:
2.1. The customer, if they are a consumer within the meaning of § 13 of the German Civil Code (BGB), has the right to withdraw their contract declaration in writing within 14 days without giving any reasons and return the goods or voucher. The withdrawal period begins upon receipt of the goods and not before receipt of this instruction. To meet the withdrawal deadline, it is sufficient for the customer to send the withdrawal and return the goods/voucher in a timely manner. The withdrawal or return of the goods/vouchers should be addressed to: Jakob Schmidlechner GmbH & Co. KG, Dorfplatz 3, 5330 Fuschl am See.
2.2. In the event of an effective withdrawal, both parties must refund the received services and, if applicable, return any benefits obtained. If the customer cannot return the received service in whole or in part or only in a deteriorated condition, they may be required to pay compensation. A reduction in value of the goods due to inspection is excluded. The customer is responsible for the cost of returning the goods within 14 days of receipt.

3. Prices and Payment Terms:
3.1. Purchased or ordered vouchers cannot be redeemed for cash. In the event of consumption exceeding the value of the voucher, the customer will receive an additional credit in the restaurant.
3.2. All prices listed do not include value-added tax, as the voucher itself represents a 100% credit. Invoicing with a tax certificate will only be done at the time of actual voucher redemption (according to the Value Added Tax Act, UStG).
3.3. The voucher is valid only once the full amount due has been paid.
3.4. All vouchers have a validity period of 3 years from the date of issue.
3.5. Invoices are due immediately.
3.6. Price changes are reserved.

4. Delivery Dates and Deadlines:
4.1. If we cannot meet the agreed delivery date for reasons beyond our control (operational disruptions, strikes, lockouts, energy supply difficulties, failure to deliver on time despite concluding a specific cover transaction with due care, etc.), we will immediately notify the customer. In such cases, the customer is not entitled to withdraw from the contract.
4.2. Partial deliveries are permissible if they are reasonable for the customer.

5. Transfer of Risk:
The risk of accidental loss and deterioration passes to the customer as soon as the goods are handed over for transport or the customer is notified of their readiness for dispatch. This applies regardless of whether the dispatch is made from the place of performance and who bears the shipping costs.

6. Retention of Title:
6.1. We reserve the right of ownership of the subject matter of the contract until all our contractual claims have been fulfilled. This applies to customers who are not consumers until all our claims from the entire business relationship with the customer have been fulfilled.
6.2. Pledges or transfers of ownership by way of security are not permissible. In the event of third-party access to the reserved property, the customer is obliged to notify us immediately and to bear all necessary costs for lifting the access and recovering the reserved property.
6.3. In contracts with customers who are not consumers, the following also applies: The customer is entitled to resell the subject matter of the contract in the course of their ordinary business operations. However, the customer hereby assigns to us all claims arising from the resale, which are assigned to them. We accept the assignment. The customer is entitled to collect the assigned claims as long as they are not in default of payment. We are entitled to revoke this collection authorization as soon as the customer fails to meet their payment obligations. In this case, the customer is obliged to provide us with all necessary information so that we can collect the claims against their customers ourselves. If the subject matter of the contract is combined with other items, the reserved property continues in the new item. We acquire co-ownership in the newly created item in proportion to the value of the reserved property (invoice value) compared to the value of the other connected items. If one of the connected items is to be regarded as the main item, the customer assigns us co-ownership in proportion to the value of the reserved property (invoice value) compared to the value of the other connected items. The customer keeps the new item with regard to our co-ownership interest free of charge.
6.4. If the law of the country in which the subject matter of the contract is located does not permit the agreement of retention of title or only allows it to a limited extent, we reserve other rights to the subject matter of the contract. The customer is obliged to cooperate in all necessary measures (e.g., registrations) to realize the retention of title or other rights that replace the retention of title and to protect these rights.

7. Warranty Claims:
7.1. If services provided by us are found to be defective, our warranty obligations apply according to legal regulations, with a warranty period of 12 months for used goods. Claims for damages remain unaffected in accordance with clause 8.
7.2. In the case of customers who are not consumers, the following also applies: The customer can initially only request rectification. We will either repair or replace the defective parts at our discretion. If rectification fails, the customer may reduce the remuneration or withdraw from the contract. In addition, the customer may claim damages in accordance with clause 8. If, in the course of rectification work, we replace materials provided by the customer, we acquire ownership of the replaced parts. If the defect is due to a faulty third-party product, we are entitled to assign our warranty claims against the upstream supplier to the customer. In this case, the customer can only invoke the above provisions after unsuccessfully attempting to assert the assigned claims against the upstream supplier in court. The customer undertakes to inform us immediately in case of a judicial assertion of the assigned claims and to obtain our consent for all agreements with the upstream supplier regarding the assigned claims. The warranty period for defects in our services is 12 months from the transfer of risk. For parts delivered by us that are used in accordance with their intended use for a building and have caused its defectiveness, the statutory warranty periods apply.

8. Liability:
8.1. We are liable according to the statutory provisions for the culpable breach of our essential contractual obligations. However, if we are not guilty of gross negligence or intent, our liability is limited to the typically occurring, foreseeable damage.
8.2. In all other cases, we are liable if damage is caused by one of our legal representatives or vicarious agents intentionally or through gross negligence.
8.3. We are liable in accordance with the statutory provisions for guarantees as well as for damages arising from the violation of life, body, or health.
8.4. Liability under the Product Liability Act remains unaffected.
8.5. In all other cases, claims for damages resulting from breaches of duty against us are excluded.
8.6. We are not liable for delayed delivery by mail.

9. Data Protection:
9.1. The customer agrees to the collection, processing, and use of their personal data for the purpose of contract processing and for marketing purposes. The data will be processed automatically by us. You will receive advertising information exclusively from the shop operator. There is no disclosure of this data to third parties.
9.2. Your security is our highest priority! Therefore, data such as credit card number, bank code, account number, name, and address are transmitted via a protected SSL line for payments by credit card to ensure the security of your data during transmission on the Internet. In addition to the secure SSL transmission, we apply a range of security measures in the voucher shop.
9.3. The customer's rights under the Federal Data Protection Act (BDSG) remain unaffected.

10. Final Provisions:
10.1. The place of performance for all obligations of both parties and the place of jurisdiction for all disputes arising in connection with this contract is the Landesgericht Salzburg, provided that the customer is a merchant, a legal entity under public law, or a public-law special fund. The same applies to persons who relocate their place of residence or habitual abode abroad after the conclusion of the contract or whose place of residence or habitual abode is not known.
10.2. The invalidity of individual provisions of this contract does not affect the validity of the remaining provisions and the existence of the contract. In the case of invalid provisions, a regulation shall apply that comes as close as possible to the economic purpose of the invalid provision. This applies in the event of a gap if no dispositive statutory law applies.