Terms & Conditions
• Originating in a main outlet in Beirut, due to its enticing recipes, the taste of Patibon offers the public an exquisite experience, constantly seeking excellence and innovation.
• The combination of expertise, devotion, passion, quality, hard work, exceptional flavours, artisanal fabrications, as well as meticulous wrapping of items have brought the Patibon chocolate to top positions in terms of high quality products in the trade.
• Constantly seeking excellence and innovation, Patibon makes your dreams come true.
• This document sets out the terms and conditions governing the use of this Website and the purchase of Products through the Online Shop.
• Please this read this document before using this Website.
A. Website Administrator
• The Website www.patibon.at is administered by the Patibon Trading GmbH company, with its registered office in Parkring 12A/GL. 5.3 1010 Wien, Austria registered with the Trade Register no. FN421937x, duly represented by Mr. Andrei Gabriel Badila.
B. Use of the Website
• The use of the Website www.patibon.at (including access, navigation and purchase of Products on this Website) involves the implicit agreement to comply with the terms and conditions set forth herein with all the effects and consequences deriving therefrom.
• The Website administrator reserves the right to make any changes to the content, form, placement, prices, Products, without any prior notice to the Website’s Users.
• The Website administrator reserves the right to update this document without any prior notice to the Website’s Users. Changes will take effect from the date of their posting on the Website.
• Users will have access to the terms and conditions of use of the Website.
C. Communication with the Online Shop
• In order to improve the quality of our Products and services, you can send us your suggestions/notes/complaints/notifications by one of the following methods:
– completing the special form available on the Website,
– sending an e-mail to the address email@example.com.
– making a telephone call to the number +43 (0) 6606305477.
3. WEBSITE CONTENT
AND INTELLECTUAL PROPERTY RIGHTS
• The Website administrator declares on their own responsibility that the whole Website content is original and all resources used (Product images, specifications, video, text etc.) are used with the manufacturer’s consent, without breaching copyright law.
• By accessing this Website you agree that Patibon Trading GmbH is the exclusive owner of all intellectual property rights of the content of this Website, including, but not limited to, photos, articles, text clips, trademarks, etc.
• You also agree not to affect or interfere in any way with the security features of the Website, the elements that prevent or restrict the use or copying of content, or the elements that strengthen the limits to the use of the Website or its content.
• The content of this Website may not be used, reproduced, distributed, transmitted, displayed for purposes other than those expressly and legally permitted. The retrieval of any information followed by any commercial use that exceeds the scope of private copying regulated by law, or sale or licensing without the prior written consent of the holders of intellectual property rights is a breach of the terms and conditions.
• Patibon and all Products sold on the Website, along with logos displayed are registered trademarks and enjoy all rights conferred by Community legislation on industrial property, including Law no. 84/1998 on trademarks and geographical indications. Any use without right constitutes counterfeiting and the person responsible incurs liability under the law.
• The terms used in this document will have the following meanings:
– User – Individual or legal entity accessing, navigating and purchasing Products on www.patibon.at, shop.patibon.at;
– Buyer – individual aged at least 18 years or legal entity placing an Order;
– Seller – Patibon Trading GmbH, with its registered office in Parkring 12A/GL 5.3 1010, Vienna, Austria, registered with the Trade Register under no. FN421937x, holder of the Single Registration No. FN421937x , duly represented by Andrei Gabriel Badila;
– Product – Any good, including documents and services mentioned in the Order, which the Seller will supply to the Buyer;
– Order – Electronic document serving as a form of communication between the Seller and the Buyer, by which the Seller agrees to deliver the Products and the Buyer agrees to receive such Products and to pay for them;
– Contract – Product Supply Contract concluded between the Seller and the Buyer within the sale system organised through the Online Shop, , www.patibon.at, shop.patibon.at, which before and at the time of concluding this Contract uses solely one or more remote communication techniques that do not involve the simultaneous physical presence of the two parties;
– Online Shop/Website – remote sale system that is the Online Shop and/or the Website www.patibon.at, shop.patibon.at;
– Specifications – all Product characteristics as specified on the Website or the Order.
5. REGISTRATION AND PERSONAL INFORMATION
• To make an Order or to be constantly in touch with news and promotions of our Shop, any User is able to create a personal account by completing the electronic form on the Website.
• When creating the account, the User takes all responsibility regarding the accuracy of data provided and the activities carried out through that account. Consequently, the User has the obligation to secure his password or other access data.
• If the security of your account is compromised, you have the obligation to notify the Website administrator in the shortest time possible by sending an e-mail to the address firstname.lastname@example.org.
• The Website administrator is not responsible for damages caused to the account holder or third parties by the unauthorised use of the account.
6. PRODUCT DESCRIPTION
• The Seller declares on their own responsibility that the Products sold are original.
• The original Products are offered exactly as presented and offered by their manufacturer, depending on the available stock.
• The Specifications of the Products presented in our Shop are identical to those made available to us by Patibon representatives.
• All Products sold on the Website www.patibon.at come with warranty conditions in accordance with the laws in force and the manufacturers’ trade policies. The Products are new, in original packaging and come from sources authorised by the manufacturer.
• Patibon Products look amazing, taste great, are permanently up to the standard in terms of best quality/price ratio and are available to the public.
8. PRODUCT AVAILABILITY
• The registration of Orders depends on the availability of those Products in stock. If supply difficulties occur or if a Product is not in stock, we reserve the right to inform you about the situation in a reasonable time and to provide you with details on replacement Products of quality and value equal to or higher than those you have ordered. For this purpose, Buyers will be contacted by e-mail/telephone to the number provided. If you do not want to place the Order for the replacement Products, we will refund any amounts you have paid within 30 days from the date of the Buyer’s request in this regard.
9. HOW TO ORDER
A. Placing the Order
• Orders may be made only online through the personal account created by completing the electronic form.
• Only Orders made under the conditions specified herein will be accepted.
• The minimum Order is 200 grams (2 pieces). The minimum Order for ready-to-buy boxes is in the amount of EUR 15.
• An Order is placed by following the steps below:
– the User selects the Product of choice;
– put the Product of choice in the shopping cart;
– complete the personal data in the special form;
– select the payment method;
– select the delivery method;
– give your consent to the terms and conditions of use of the Website.
• Upon completing the Order form, the Buyer is asked to provide correct and complete information to avoid any errors in processing the Order.
• The Buyer takes full responsibility for the truthfulness and accuracy of information provided in the Order form.
• The Buyer is asked to complete the form carefully and correctly and to indicate, if applicable, the names of the persons to whom the invoice and/or delivery will be made. The e-mail address is particularly important considering that the information on the Order and the Products ordered will be sent by e-mail. An incorrect e-mail address slows down the entire Product ordering process. Moreover, we will not be able to contact and inform you of the status of your Order. If the delivery address is not the same as the invoicing address, indicate this by selecting the menu at the end of the form.
• By accessing this Website you agree that all agreements, approvals, disclosures and other communications that we provide electronically satisfy any legal requirement that such communications be made in writing and you understand that all communication will be by electronic mail.
• The Buyer is asked to check with particular attention all Products and quantities shown in the cart, as they are the final Order.
• After checking the Buyer must click “Confirm Order.”
B. Confirming the Order
• After the online placement of the Order, the Seller will issue the invoice and send an e-mail to confirm to the e-mail address indicated by the Buyer.
• The invoice must contain the mandatory information required under the legal rules in force. In order to make the payment, the invoice will be sent to the Buyer by e-mail.
• The actual confirmation of the Order is subject to the registration of payment to the Seller’s account. For this purpose, the registration of the payment to the Seller’s account will be confirmed by the latter by sending an e-mail to the Buyer.
• The Buyer will take possession of the physical invoice upon delivery of the Product.
C. Refusing an Order
• The Seller reserves the right to refuse an Order at any time and he is exempt from any liability to the Buyer.
• The refusal of an Order may occur in many situations, including but not limited to the following:
– the Product is not in stock;
– there has been an error in price or Specifications/Product description;
– the weather conditions do not allow the Product to be delivered in optimum condition;
– the data entered by the Buyer in the Order form cannot be processed, etc.
• If an Order is refused, the Buyer will be notified by e-mail on the reason for refusal.
D. Dispatching the Order
• An Order will be dispatched within 14 business days from the confirmation of the Order (payment made by the Buyer).
• Before dispatching the Order the Seller will carry out all necessary checks in order for the Product dispatched to comply and be packed in accordance with the Buyer’s Order.
• The Product will be packed in special boxes that maintain optimal temperature for safety of maintaining Product quality during transport.
• If any problem occurs in relation to the dispatch of the Order, the Seller will notify the Buyer of this in the shortest time possible by e-mail.
10. TRANSPORT AND DELIVERY
• Orders will be delivered to the address indicated by the Buyer through the DPD transport company.
• The Products will be delivered according to the highest standards of quality, complying with all legal procedures in force.
• Delivery will be made exclusively from Monday to Friday, from 08.00 am to 08.00 pm.
• Delivery time may vary between a minimum of 24 hours and a maximum of 72 hours, depending on the delivery address and Product availability.
• If the Buyer wants to change the delivery address, he has the obligation to notify the Seller of this before receiving the e-mail confirming the payment registration.
• In case of courier delivery, if the Buyer/any other person entrusted with the receipt of packages is not found at the address mentioned, the courier will deliver to another person near the delivery place established by the Buyer. If the Buyer does not want this, he will make an express note of it upon completing the Order form. In the latter case, if the Buyer cannot be found to the address on the delivery day, the delivery procedure will be resumed the next day and the package will subsequently be returned to the Seller. In this case, the Seller is exempt from any responsibility regarding the quality of the Product.
• Upon the acceptance of the Products, the Buyer must always check that they comply with his Order in terms of quality and quantity and send a confirmation e-mail to the Seller.
• If, upon the acceptance of the Products, they do not comply in terms of quality and quantity, the Buyer will necessarily make a note of this in the receipt report and will notify the Seller of any inconsistency by e-mail or telephone to the number +43 (0) 6606305477on the same day.
• If delivery is to a person other than the Buyer, any note/notification/complaint about the status/characteristics/delivery method of the Product subject to acceptance may be made within a maximum of 12 hours from the receipt of the package by e-mail or a telephone call to the number +43 (0) 6606305477.
• After the expiry of the above deadlines no note/ notification/complaint will be accepted. The Seller will provide the Buyer with a written answer by e-mail.
• Following the evaluation and acceptance of the complaint by the Seller, the Buyer will be able to choose between returning the package and the possibility of making another Order within the price limit of the first Order. If the Buyer chooses the first option, all costs incurred by him for the purchase and transport of the Products will be refunded to him by the Seller within 14 business days. If the Buyer chooses the second option, the costs of the new Order will be borne by the Seller.
• Delivery is considered completed when a signature for the receipt of the Product to the agreed delivery address is obtained.
• After the expiry of 5 days from the date on which the Order should have been delivered without having been delivered for reasons not attributable to the Seller, the Order will be cancelled and the Contract will be considered terminated. Following the termination of the Contract, the Seller will reimburse the Buyer for the price paid by him for the Products concerned within 30 days from the termination date. In such cases the Seller has the right to withhold all delivery costs and costs resulting from the termination of the Contract from the price paid by the Buyer.
• The Seller reserves the right to delay or cancel deliveries of Products ordered if they cannot be honoured for reasons beyond his control, including: governmental actions, force majeure, wars, acts of terrorism, protests, riots, civil disturbances, fires, explosions, floods, epidemics, strikes, bad weather and the like.
11. SELLER’S LIABILITY
• As far as dispatch, transport and delivery of the Products are concerned, the Seller takes no liability for situations beyond his control, including, but not limited to: force majeure, wars, acts of terrorism, protests, riots, civil disturbances, fires, explosions, floods, epidemics, strikes, bad weather and the like.
• The Seller takes no liability for software errors that can impact the delivery procedure.
• Considering that Product delivery is carried out under optimal conditions at a temperature of 22 degrees Celsius, or 72 degrees Fahrenheit respectively, the Seller takes no liability for changes in temperature that may occur during the delivery of the Order.
• To maintain the quality of Products during transport, the Seller will pack the Products in special boxes that maintain the ideal temperature.
• The Seller reserves the right to suspend delivery of Orders if, during summer, temperatures are very high and delivery of the Products cannot be made under optimal conditions.
• We provide this website on an “as is” basis without any conditions and make no representations or warranties of any kind with respect to this website or the content contained on it (including any text, graphics, advertisements, links or other item). Accordingly to the maximum extent permitted by law we exclude all representations and warranties, including without limitation either the conditions implied by the law of satisfactory quality, fitness for purpose and use of reasonable care and skill. We also make no warranty as to freedom from viruses of the content contained on this website. Therefore, all warranty and liability obligations shall, in terms of scope, be reduced to the statutorily admissible minimum extent.
12. PRICES. PAYMENT METHOD. PROMOTIONS
• The Price of the Product is the one mentioned on the Website, unless there is an obvious error.
• If an error occurs in the price indicated on the Website, the Seller will inform the Buyer by e-mail in the shortest time possible and will give him the possibility to reconfirm the Order at the correct price or to cancel it. In case of impossibility to contact the Buyer the Order will be considered cancelled, and if the Buyer has already paid the price of the Product, the Seller will reimburse the Buyer for the amount paid.
• The Prices shown on the Website include VAT, but they do not include transport costs that will add to the total amount, as specified in the Order form. The transport cost will be mentioned on the Website.
• The prices shown on the Website can be changed at any time, but this will have no effect on the Orders for which the Seller has already sent the confirmation of dispatch to the Buyer.
• Any Order must be paid in full prior to delivery.
• The Seller’s confirmation of the Order is subject to the Buyer’s payment.
• The Products ordered may be paid online, by using Visa, Mastercard, American Express cards or PayPal.
• The Products delivered will be paid in EUR, at the exchange rate on the payment date.
• The Buyer may purchase a gift certificate by completing the form in the Voucher section.
• The Seller will show all the information on promotional offers in the “Special offers” section.
13. RETURN OF PRODUCTS
• The Buyer may cancel the Order made on the same day when he receives the Seller’s confirmation of payment registration at the latest.
• Considering Article 16 in conjunction with Article 9 of the Government Emergency Ordinance no. 34/2014 on consumer rights under contracts with professionals and amending and completing regulatory acts, and that the Products sold on the Website make up perishable and easily damaged foodstuff, the 14-day right of withdrawal does not apply to the Contract between the Seller and the Buyer under the conditions herein.
• In principle, the Buyer cannot return the Products purchased, the only exception in this respect being when the Seller considers the note/notification/complaint about the status/characteristics/delivery method of the Product subject to acceptance, submitted by the Buyer under the conditions set forth in paragraphs 9 and 10 herein, to be founded.
• Provisions concerning the Fern- und Auswärtsgeschäfte-Gesetz – FAGG are missing.
• The Website administrator processes personal data in accordance with the legal provisions in force.
• By registering on the Website, Users expressly and unequivocally agree that their personal data may be entered into the database managed by Patibon Trading GmbH.
• Personal data collected and processed will not be disclosed to third parties, unless the Website administrator has the obligation to disclose them under the law in force.
• The Website administrator guarantees the privacy of the personal data of all Users. The User, as data subject, has the following rights: right to information, right of access to data, right to intervene on data, right to object, right not to be subject to individual decision and right to go to court.
15. GOVERNING LAW AND JURISDICTION
• The use of the Website and the Contracts concluded through the Website are governed by the laws in force at the Seller’s registered office. (Austrian substantive law – excluding its conflict of law rules of Austrian international private law and also excluding the UN Sales Convention –applies to any legal disputes that arise from the contract).
• Any disputes arising between the Seller and Buyers will be resolved amicably or, where this is not possible, disputes will be settled by the competent courts in the Seller’s area of jurisdiction. (Any disputes arising from the contract, especially disputes regarding conclusion, termination, annulment, non validity and reversal shall be dealt with exclusively under the jurisdiction of the Commercial Court of Vienna).
• Any verbal agreement between the representatives of the Online Shop/third parties and Buyers that does not comply with the conditions herein is forbidden.
• In case a provision of this Terms and Conditions is or becomes void, ineffective and/or not enforceable, the validity and/or legal effect of the remaining provisions shall not be affected. Any provision that is void, ineffective and/or not enforceable shall be replaced by a valid and/or enforceable provision, which reflects the economic intent and economic result of the invalid provision as closely as possible.
• You acknowledge that you are solely responsible for the use to which you put this website and all the results and information you obtain from it and that all warranties, conditions, undertakings, representations and terms whether express or implied, statutory or otherwise are hereby excluded to the fullest extent permitted by law.