Information duty according to § 5 ECG, § 14 UGB, § 63 GewO. Disclosure requirement according to §25 MedienG.
Österreichische Werkstätten Art Works Handels GmbH
Karin Lichtenegger ,Managing Director
A-1010 Vienna, Kärntner Strasse 6
Unternehmensgegenstand: Handel mit Waren aller Art
Value Added Tax-ID: ATU66894257
Registered at: Handelsgericht Wien, 372968h
Kärntner Strasse 6
Phone: +43 1 512 24 18
Member: wkö, wkw, Landesgremium Handel, Bundesgremium Handel
Trade Order: www.ris.bka.gv.at
Supervisory Authority: Magistratisches Bezirksamt Wien
Award Country: Austria
According to Regulation on consumer ODR: Link to the platform of the European Commission
For questions or complaints send us an E-Mail: email@example.com
Link to our general terms and conditions: GTC.
Alle texts, data and pictures. All rights reserved.
By using our website you acknowledge the validity of our Terms and Conditions. Pursuant to our company's tradition and professional approach which is widely acknowledged well beyond Austria, we make every effort to offer our customers the highest level of service. Therefore, this website is operated with a focus on utmost diligence, reliability and availability. However, we do not warrant that the information contained is correct and complete. Further, we are not liable either that the services offered via our website are available without interruption or that the desired connections can always be created or that stored data are preserved under any condition or that data sent are processed. We shall be entitled to change the contents of this website at any time and without prior notice, including but not limited to the services offered and the prices described therein. We accept no responsibility for data provided on this website are obsolete. We shall not be liable for the content of the transmitted data and the content of data which are available via our website.
1. Scope of Application
Our Terms and Conditions shall apply to all business relations between us and the party ordering a work and/or the purchaser, (hereinafter the "Customer"). Any terms and conditions of the Customer to the contrary are herewith objected. We shall not be obliged by these, even if we do not again object against these upon conclusion of the contract. Neither shall the sending of the order confirmation constitute an acknowledgement of the Customers' terms and conditions. Any amendment and any collateral agreement must be confirmed by us in writing in order to be effective and shall only apply in a particular case. Our Terms and Conditions shall be deemed accepted at the latest when the contract is awarded or the order is placed.
2. Cost Estimates and Offers
By submitting a cost estimate, we neither undertake to accept the order nor to render the services listed therein. Cost estimates shall only be binding for us if the cost estimate expressly so provides. We do not warrant for the correctness of a cost estimate. Other than that, our cost estimates and offers shall basically be without engagement. Cost estimates and offers are prepared on the basis of best expert knowledge. Specific circumstances of an order, which we can not identify, can not be taken into consideration. Additional services related to the preparation of a cost estimate, such as planning services, shall be charged separately. We shall not accept any responsibility for information material provided by our Customers; this includes but is not limited to any defects contained therein. The Customer shall warrant for the correctness of designs, drawings, drafts, plans or documents provided by it. The Customer further warrants to have all rights to the designs, drawings, patterns, plans or documents of a similar kind which are provided to us.
Our prices are inclusive of applicable statutory VAT. The prices and conditions valid on the day an order is accepted shall be relevant. Therefore, a fixed price is determined with the acceptance of an order. Changes in costs, including but not limited to wages, material and power supply will not be passed on to the Customer. Our prices are exclusive of delivery and customs duties. Potential customs duties and taxes will be determined after receipt of the delivery. Special requests regarding transport (express delivery, courier services, etc.) are subject to extra costs. Any potential rebate or discount granted shall only apply to the respective service and not to any potential follow-up orders or deliveries, even if we do not object to any potential deductions which the Customer makes with regard to follow-up orders or deliveries. Prices and conditions are without engagement and shall not be binding for any follow-up order.
4. Delivery and/or Rendering of Services
If the transaction is processed via credit card, the goods will be shipped only after the purchase price is deducted and credited to our account. Any information we provide with regard to delivery and/or service dates shall be non-binding. We are not liable for any delays on the part of the supply factories. Our obligation to deliver shall depend on the prerequisite that we ourselves receive correct and timely deliveries, unless such incorrect or belated delivery to us was caused by our fault. Purchaser shall not be entitled to claim damages on grounds of late performance. Any alteration of an order in turn changes the original, non-binding target date. Customer shall not be entitled to change the kind or volume of the agreed service or circumstances of service provision or to claim additional services without our express consent. Upon completion of our services, our services shall be deemed accepted by the Customer. Customer shall be obliged to accept the goods directly after being informed that they are available. The Customer shall bear the costs and risk of returning the goods to us in case of default in acceptance. If Customer fails to accept the goods in due time, we shall be entitled to rescind the contract without granting a grace period and claim damages on grounds of non-performance of contract. In this case, we may claim or retain any potentially agreed advance payment, at minimum, however, 15 % of the purchase price as contractual penalty that may not be reduced by court order. This amount shall also constitute partial minimum compensation for damages on grounds of non-performance. To the extent that deliveries and/or partial services can be provided, we shall be entitled to deliver parts at our discretion. Any partial delivery and/or service shall be deemed an individual transaction and may be billed separately. Obligations to deliver and provide services as well as any relevant time limits shall be suspended for as long as the Customer is in arrears with payment or fails to carry out any action required for the performance of the contract. Our right to partly or completely rescind the contract in such cases remains unaffected. Cases of force majeure or other impeding events preventing us from fulfilling our obligation shall release us from fulfillment of our obligations during the period and scope of their effects. If an impediment continues for more than three months, both we and the Customer may rescind the contract.
If no specifications regarding delivery have been determined when placing the order, shipment will be made at our best discretion but without any responsibility for the cheapest shipping method. Even in case of freight paid shipment, goods shall be delivered at Customer's cost and risk without any exceptions. Packing material may not be returned. Goods directly shipped to third parties shall be deemed delivered pursuant to terms and conditions regarding both the interior and the exterior of those goods, and shall be deemed as irrevocably/finally accepted. The Customer shall be liable for all costs including customs duties and taxes, notwithstanding payment orders or provisions stipulating otherwise.
Unless agreed otherwise, our invoices are due for payment immediately and without any deduction. We expressly do not accept bills of exchange and checks as well as currencies other than Euro. Upon failure to effect payment, we may claim default interest at a rate of 3 % above the relevant base rate of the Austrian National Bank, regardless of fault, the costs of appropriate and necessary collection measures (including but not limited to cost of extrajudicial legal services and costs of a debt collection agency) and compensation for damages we have incurred, or may rescind the contract and claim damages on grounds of non-performance of contract at our discretion. In the latter case, we may claim or retain any potential advance payment notwithstanding the Customer's fault, at minimum, however, 15 % of the purchase price as contractual penalty that may not be reduced by court order. This amount shall also apply as minimum loss on grounds of non-performance. This provision regarding contractual penalty shall only apply to transactions with consumers to the extent these were individually negotiated. The obligation to pay a contractual penalty shall not prevent the assertion of further claims for damages. Payment periods agreed start with the date of the invoice. If payment periods are not observed, we shall also be entitled to immediately accelerate all claims we hold against the Customer. This provision regarding maturity shall not apply to business transactions with consumers.
7. Warranty, Guarantee and Damages
Defects shall immediately be reported to our Customer Center, Österreichische Werkstätten Art works Handels GmbH Kärntnerstraße 6, A- 1010 Vienna (hereinafter: Customer Center), as otherwise our delivery or service (work) shall be deemed approved, unless such defects are hidden defects. Hidden defects shall be reported to us immediately in writing after they have been identified by the Customer. It is consensually agreed that wear and tear or damage of the delivery or service (work), including but not limited to mechanic or chemical impact or heat, shall not be deemed defects. Any warranty or guarantee shall only be accepted, provided that the Customer has duly observed and complied with all care and maintenance instructions.
For consumer transactions the following shall apply: The warranty period for consumers is 2 years from supply of the goods/service. The consumer basically may opt for improvement or replacement of the goods/service. We may reject the selected remediation method if it is impossible for us or if, compared to the other remediation method, it involves an unproportionally high effort. In this case, the consumer shall have the choice between price reduction or, unless the defect in question is not only a minor defect, claiming rescission of the contract.
For transactions with entrepreneurs the following shall apply: The warranty period for entrepreneurs is 1 year from supply of the goods/service. The assumption set forth in Section 924 of the Austrian Civil Code is excluded. For companies, we shall either improve or replace the defective goods/services at our discretion. Rescission of the contract as well as the right to terminate the contract shall be excluded for entrepreneurs. When asserting warranty or guarantee claims, the entrepreneur shall send the delivery or service (work) to our Customer Center, if possible in its original package, at its own risk and expense. Special recourse pursuant to Section 933 b of the Austrian Civil Code shall be excluded after the expiry of the warranty period.
Upon expiry of the warranty period, any warranty claims or damages shall be time-barred or statute-barred. The assertion of damages against us by the Customer, our other contracting partner or in connection with the contractual relationship or the services hereunder by other persons (e.g. due to a so-called contract protecting third parties) shall be excluded, unless we have acted with intent or gross negligence. We shall only accept liability for intent or serious gross negligence.
8. Right of Rescission
If we provide services or supplies by virtue of a distance selling contract, consumers pursuant to the Austrian Consumer Protection Act may rescind contracts within seven working days, starting from receipt of the shipment by the consumer or contract execution date in case of service contracts. Saturdays shall not be deemed working days. No reason for the rescission need to be given. Notice shall be given in writing to our Customer Center; sending of such notice in due time shall be sufficient. No right of rescission exists with regard to services the provision of which to the consumer pursuant to agreement starts within seven working days from contract execution. Moreover, no right of rescission exists for goods and services made according to Customer's specifications, which are clearly tailored to personal requirements and which, due to their nature, are not fit to be returned. When exercising the right of rescission, the consumer shall return the unused and undamaged, ordered supplies or services (work) in their original packaging to our Customer Center, if the goods can be sent as parcel. The consumer shall bear the risks and expenses for returning goods when exercising the right of rescission. Customer Center shall not accept goods returned on a freight collect basis.
9. Data Privacy
We make an effort to take appropriate measures to protect your data stored with us. We shall, however, not be held responsible if someone unlawfully manages to access and further use such data. The assertion of claims on your part as third party or Customer towards us in this context is consensually excluded.
10. Product Liability
For the protection of our Customers, the Austrian Product Liability Act as amended shall apply without any restrictions. A product liability claim may be asserted provided that the product is defective. A product is defective if it does not offer the security usually expected taking into account all circumstances, in particular as regards the use of the product, which may reasonably be expected. Liability is limited to the product's value.
11. Release from the Performance of Contracts
Force majeure and its consequences as well as delays or interruptions of the start of or during our supplies for which we can not reasonably be held responsible shall release us from our obligation to perform the contract. If we uphold the contract, the Customer shall compensate us for the damage thereby incurred if the impediments fall into his responsibility. Changes in the creditworthiness of a Customer entitles us to rescind the contract or to claim advance payment or collaterals. In this case, the client shall be responsible for the expenses we incur in connection with the placed order. Customer's claims for damages shall therefore be excluded.
12. No Setoff
Customer may not set off its counterclaims against our claims, unless we expressly acknowledge any such set-off in writing and indicate the exact figures in a particular case. A consumer shall be entitled to set off counter-claims if we are unable to pay, if counter-claims are legally related to the consumer's liability or if counter claims were determined by court order or if we have acknowledged them in writing.
13. Copyright and Use
All designs, drawing, drafts, plans or similar documents prepared by us shall remain our intellectual property. Therefore, notwithstanding any payment, the Customer shall use these for personal purposes only. The Customer may not disclose, copy or exploit in any other form whatsoever the designs, drawings, drafts, plans or similar documents prepared by us without our express written consent. The Customer shall be liable for damages towards us for any disclosure as mentioned above, in which case the Customer shall provide full compensation. All samples provided, if any, shall remain our property and shall be immediately retuned to us if no contract is concluded.
14. Reservation of Title
The supplies and services (works) shall remain our exclusive property until our total claim is completely paid. The total claim consists of our claim from the delivery of the product and/or the provision of the service or of any other legal basis. The reservation of title shall only expire once the Customer has paid all our claims. The same applies in particular in case of a debit balance from a current account relationship. The intellectual property pursuant to clause 13 shall remain unaffected. If the Customer is in arrears with payments, we shall be entitled to claim the return of our goods and/or our service (work) at any time, also without rescission of the contract. Legal action to recover the purchase price and/or the service compensation or any part thereof shall not affect our reservation of title. As long as our reservation of title exists, we shall in any case also be entitled to rescind the contract. In case of rescission of contract, the Customer will only receive the amount for the item and/or service (work) returned less handling fees, transportation costs and other disadvantages we incurred on grounds of the rescission of contract including lost profits. As long as our reservation of title is effective, the Customer may only dispose of the item and/our our service (work) after obtaining our prior written consent. In case of disposal of the item and/or our service (work) we shall automatically acquire all and any claims and receivables to which the Customer is entitled on grounds of such a disposal. In case of a combination or processing of the item and/or service, we shall be entitled to all co-ownership claims instead of the Customer. Customer shall immediately notify us before any pledge or other claim of a third party with respect to the delivered item and/or services.
15. No Assignements of Rights
Rights arising from the business relationship may not be assigned to third parties without our consent.
16. Other Provisions
Since handicraft items are made by hand, products may naturally differ from the pictures shown on our website. The same is true for the colors of the handicraft items. Please note that the shades of colors also depend on the color settings of a screen. In this context, any guarantee as to a particular scope, size, form or color of the items is consensually excluded.
Should any of these Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining terms hereof or the validity of the concluded contract.
18. Place of Performance and Juristication
Place of performance for supplies and services and payment shall be Vienna. All disputes arising from or in connection with this Agreement shall be exclusively referred to the court having jurisdiction in Vienna, unless the Customer is a consumer and the Consumer Protection Act mandatorily provides otherwise.
19. Arbitration Clause
When contracts are concluded with Customers who are residents of states with which no convention on the recognition and enforcement of civil claims with Austria exists, the venue clause in clause 18 shall be replaced by the following and the Customer undertakes to conclude a respective arbitration agreement, if required: All disputes arising out of this Agreement shall be finally settled under the Rules of Arbitration and Conciliation of the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna (Vienna Rules) by one or several arbitrators appointed in accordance with these rules. The contract shall be exclusively governed by and construed in accordance with the substantive law of Austria, without giving effect to the UN Sales Convention.
20. Applicable Law
All contracts shall be governed by and construed in accordance with Austrian law without giving effect to the UN Sales Convention, unless expressly agreed otherwise.
21. Google Ads
We use the online advertising program "Google AdWords" and within Google AdWords the conversion tracking. Google Conversion Tracking is an analysis service of Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). When you click on an ad served by Google, a conversion tracking cookie is placed on your computer. These cookies expire after 30 days, do not contain any personal information, and are not personally identifiable.
If you visit certain pages on our site and the cookie hasn't expired, Google and we may recognize that you clicked on the ad and were directed to that page. Each Google AdWords customer receives a different cookie. As a result, there is no way that cookies can be tracked across the websites of AdWords customers.
The information collected using the conversion cookie is used to compile conversion statistics for AdWords customers who have opted in to conversion tracking. The information collected using the conversion cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking, which tells them the total number of users who have clicked on their ad and been redirected to a page with a conversion tracking tag. However, they do not receive information that personally identifies users.
If you do not wish to participate in the tracking process, you may refuse to accept cookies by selecting the appropriate settings on your browser, such as turning off automatic cookie submission. You can also disable cookies for conversion tracking by setting your browser to block cookies from the "googleadservices.com" domain.
22. Using Facebook social plug-ins
This offer uses social plug-ins (“plug-ins”) from the social network facebook.com, which is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”). The plug-ins may be identified by one of the Facebook logos (white “f” on a blue tile, the terms “Like”, “Gefällt mir” or a “thumbs up” sign) or are marked with the addition text “Facebook social plug-in”. The list and appearance of the Facebook social plug-ins can be seen here: https://developers.facebook.com/docs/plugins/.
When a user accesses a website of this offer that contains such a plug-in, their browser establishes a direct connection to Facebook’s servers. The content of the plug-in is transmitted directly from Facebook to your browser and integrated into the website by it. Wilhelm J. Sluka Nfg. GmbH & Café Drei Husaren GmbH therefore has no influence on the extent of the data that Facebook collects with the help of this plug-in and therefore informs the user according to its level of knowledge:
By integrating the plug-ins, Facebook is notified that a user has opened the corresponding page of the offer. If the user is logged in to Facebook, Facebook can assign the visit to their Facebook account. If users interact with the plug-ins, for example by clicking the “Like” button or commenting, the corresponding information is transferred directly from your browser to Facebook and stored there. If a user is not a member of Facebook, it is still possible for Facebook to become aware of and store their IP address. According to Facebook, only anonymous IP addresses are stored in Germany.
The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as the related rights and setting options to protect the privacy of users, can be found in Facebook’s privacy notice: https://www.facebook.com/about/privacy/.
If a user is a Facebook member and does not want Facebook to collect data about them via this offer and link it to their stored member data on Facebook, they must log out of Facebook before visiting the website. Further settings and objections to the use of data for advertising purposes are possible in Facebook’s profile settings: https://www.facebook.com/settings?tab=ads.
23. Facebook pixel
This website uses the Facebook pixel from Facebook, a social media network owned by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
The code implemented on this site can evaluate the behaviour of visitors who have come to our website from a Facebook advertisement. This can be used to improve Facebook ads. This data is collected and stored by Facebook. The data collected cannot be viewed by us, but can only be used within the framework of advertising placements. Cookies are set by using this Facebook pixel code.
Similarly, by using the Facebook pixel, the visit to this website is communicated to Facebook so that visitors to Facebook can see matching ads. If you have a Facebook account and are signed in, your visit to this website will be associated with your Facebook user account.
To find out how the Facebook pixel is used for advertising campaigns, visit https://www.facebook.com/business/learn/facebook-ads-pixel.
You can change your ad settings in Facebook at https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen if you are logged in to Facebook. At http://www.youronlinechoices.com/de/praferenzmanagement/, you can manage your preferences for usage-based online advertising. You can deactivate or activate many providers at once or change the settings for individual providers.
For more information about Facebook’s data policy, please visit https://www.facebook.com/policy.php.
This offer uses Twitter buttons. These buttons are offered by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. They are recognisable by terms such as “Twitter” or “Follow” combined with a stylised blue bird. The buttons can be used to share an article or a page of this offer on Twitter or to follow the provider on Twitter.
When a user accesses a website of this offer that contains such a button, their browser establishes a direct connection to Twitter’s servers. The content of the Twitter buttons is transmitted by Twitter directly to the user’s browser. Wilhelm J. Sluka Nfg. GmbH & Café Drei Husaren GmbH therefore has no influence on the extent of the data that Twitter collects with the help of this plug-in and therefore informs the user according to its level of knowledge: only the IP address of the user is transmitted along with the URL of the respective website when the button is obtained, but is not used for purposes other than for displaying the button.
Further information can be found in Twitter’s privacy notice at http://twitter.com/privacy.
This website uses Hotjar, an analysis software of Hotjar Ltd. ("Hotjar") (http://www.hotjar.com, Level 2, St Julian's Business Centre, 3, Elia Zammit Street, St Julian's STJ 1000, Malta, Europe). Hotjar makes it possible to measure and evaluate the usage behaviour (clicks, mouse movements, scroll heights, etc.) on our website. The information generated by the "tracking code" and "cookie" about your visit to our website is transmitted to the Hotjar servers in Ireland and stored there. The following information is collected by the Tracking Code:
Device dependent data
The following information can be recorded by your device and browser:
- The IP address of your device (collected and stored in an anonymous format)
- Your e-mail address including your first name and surname, if you have made this available to us via our website
- Screen size of your device
- Device type and browser information
- Geographical point of view (only the country)
- The preferred language to display our website
- User Interactions
- Mouse events (movement, position and clicks)
- Keyboard entries
The following data is automatically generated by our servers when Hotjar is used
- Referring domain
- Visited pages
- Geographical point of view (only the country)
- The preferred language to display our website
- Date and time when the website was accessed
Hotjar will use this information to evaluate your use of our website, to create reports on the use of our website, and to provide other services related to website use and internet analysis of the website. Hotjar also uses the services of third party companies, such as Google Analytics and Optimizely, to provide services. These third parties may store information that your browser sends when you visit the website, such as cookies or IP requests. For more information on how Google Analytics and Optimizely store and use data, please see their respective privacy policies.
If you continue to use this website, you consent to the processing of data about you by Hotjar and its third party service providers as described above in their respective privacy statements.
The cookies that Hotjar uses have different "lifespans"; some last up to 365 days, some only last during the current visit.
You can prevent Hotjar from collecting the data by clicking on the following link and following the instructions there: Hotjar Opt-out.