Terms and Conditions:

About Us Spicy Soul is completely dedicated to your total satisfaction. If you have any suggestions or comments please email us at afuchs@spicysoul.at,  lhaschemi@spicysoul.at

Our Contact details:
Wings & Wine OG
Hengsberggasse 20, 3400 Klosterneuburg, Austria

Phone: +43 650 38 36 811

Email: afuchs@spicysoul.at, lhaschemi@spicysoul.at
VAT Number: ATU71955725


§ 1
SCOPE AND CONTRACTING PARTIES
1. These General Terms and Conditions (GTC) apply to all contracts concluded between you as a customer and us as the operator of the Spicy Soul Online Shop in Austria. Within the framework of the ordering process, you accept the terms and conditions valid at the time of the order. We recommend that you print out your order data (order data) immediately after sending your order together with the general terms and conditions of the order. We do not save the contract text. We will send you the order overview by e-mail. For security reasons, your order data can only be accessed via the customer account.
All offers and promotions in Werbemitteln and in the Online-Shop are valid only while stock lasts.
We ask for your understanding that the delivery is only made in household quantities. All prices are quoted in Euro and include all incidental costs.
2. The owner or operator of the online shop and its operator is:
Wings & Wine OG, Hengsberggasse 20, 3400 Klosterneuburg, represented by the owners Alexander Fuchs, MBA and Lorenz Haschemi
E-mail: afuchs@spicysoul.at, lhaschemi@spicysoul.at
Telephone number: +43 650 38 36 811 (please call your landline or mobile operator for fees)
§ 2
CONTRACT AND MINIMUM VALUE OF CONTRACT
1. The presentation of the goods in our online shop does not constitute a binding offer for sale. Instead, you place the offer for the purchase contract by submitting the order by clicking on the “Buy now” button after completing the order page. You remain bound to this order for one week, which means that the contract is binding if we accept your order within this period.
2. After placing your order in the online shop, you will receive an automated e-mail (order confirmation) by confirming that we have received your order. However, this automated e-mail (order confirmation) is not a contract acceptance. If we accept the contract, we will send you a separate e-mail as soon as the goods leave our warehouse (shipping confirmation) or at the latest with delivery of the goods. If you have already paid the purchase price before the contract is concluded or have paid for the payment, this also applies.
3. The contract shall only come into force on those articles expressly listed in the shipping confirmation.
4. Your statutory right of revocation (see § 5) remains unaffected by the above regulations in any case.
5. The contract, order and business language is German.

§ 3
PRICES, INC
1. The prices shown in our online shop do not contain any sales tax, since we are subject to the “small business” regulation. § 6 para. 1 no. 27 UStG, invoices are issued with the addendum “Umsatzsteuerfrei der Kleinunternehmerregelung”. The prices stated in the offer at the time of the order apply. The prices are final prices.
2. We deliver exclusively to delivery addresses within Austria and Germany, and in principle free of shipping costs from an order value of at least € 50, – for standard shipping with our shipping service provider GLS. For orders under € 50, – we charge a shipping cost of € 3,00.
2. The delivery times are generally for a maximum of 10 business days. The delivery time shall be extended by appropriate force majeure. In case of force majeure, strike, lock-out, official interferences, shortage of energy and raw materials, faulty transportation bottlenecks, indefinite operational impairments such as fire, water and machinery damage and all other obstacles which have not been culpably brought by us. We will immediately notify you of the start and the end of such obstacles.

§ 4
PAYMENT
1. When ordering, you can decide for yourself how you want to pay; You can pay by credit card, Paypal, Sofortüberweisung, Kreditkarte, Amazon Payments or EPS.
2. In the case of pre-transfer, we will inform you of the invoice amount and our bank details in the order confirmation. The invoice amount is immediately due for transfer and must be credited to our account within 5 days at the latest. We reserve the right to conclude the contract. Section 2 (2). If you pay by credit card, your credit card will be charged when the goods leave our warehouse.
3. When paying through Amazon Payments, you will need an Amazon customer account. If you follow the “Pay via Amazon” prompt, a page will automatically pop up asking you to sign in with your Amazon account. You will be notified that Amazon Payments uses your Amazon account information to identify you, complete your purchases, and you agree to be bound by Amazon’s Use Agreement and Data Protection Agreement.

§ 5
RIGHT OF REFUSAL
Right of revocation
You have the right to revoke this contract within a period of fourteen days without giving reasons.
The period of revocation shall be fourteen days from the date on which you or a third party you designate, which is not the carrier, has or has possessed the last product. However, the period does not begin until the purchase contract has become binding for you by your approval of the purchased item.
To exercise your right of revocation, you must inform us (Wings & Wine OG, Hengsberggasse 20, 3400 Klosterneuburg, phone: +43 650 38 36 811 email: afuchs@spicysoul.at, lhaschemi@spicysou.at) by means of a clear statement (eg Mail, e-mail) about your decision to revoke this contract. You can use the enclosed sample revocation form, but this is not required.
In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we will pay you all the payments we have received from you, including the cost of delivery (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us ) Within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same means of payment that you have used in the original transaction, unless you have expressly agreed otherwise with you; In no case will you be charged for these repayment fees. We may refuse the refund until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier.
You have returned the goods to us immediately and in any case, no later than fourteen days from the date on which you inform us of the revocation of this contract. The time limit for packaged goods is respected if you send the goods before the end of the period of 14 days.
They bear the direct costs of returning the goods. This includes the transport costs, even if the delivery was free of charge.
They must pay for a possible loss of value of the goods only if this loss in value is attributable to a handling which is not necessary for the examination of the quality, characteristics and functioning of the goods.
End of revocation

§ 6
Voluntary return at Spicy Soul

1. Additional right of return at Spicy Soul – 30 days after receipt of goods
For all purchases at brandery.de and brandery.at, Brandery grants a voluntary return of 30 days in excess of the statutory right of rescission. This only applies to purchases at www.spicysoul.at and brandery.at. After the expiry of the statutory right of rescission (see above), you can also rescind the contract by returning the goods to us within 30 days of receipt of the goods (beginning of the day after receipt of the goods). Timely transmission is sufficient to meet the deadline. The prerequisite for the exercise of the right to return is, however, that you have only carried the goods to the fitting shop, as in a shop shop, and return the goods completely and intact in the original packaging. In the case of return, you can download the return sticker here and print it yourself. If you have problems with downloading the return label or if you do not have a printer available, please contact our customer service. The right of return does not apply to the purchase of gift vouchers and not to contracts for the delivery of goods which, due to their nature, for example for hygienic reasons, are not suitable for return (eg open cosmetic products).
Please send goods to:
Wings & Wine OG
Hengsberggasse 20
3400 Klosterneuburg

2. The repayment is always made to the account you use for payment. In the case of payment on account, as well as transfer in the case of prepayment, the reassignment is directed to the account from which the transfer was made. If you have paid by Paypal / Credit Card, the refund will be made to the associated Paypal / Credit Card account.
3. Your statutory right to rescind the contract will not be affected by the observance of our rules on the supplementary contractually agreed (voluntary) return right and will remain independent of this. Until the expiry of the time limit for the statutory right of withdrawal, the statutory conditions listed therein shall apply. Furthermore, the contractual (voluntary) right of return does not limit your statutory warranty rights, which remain unrestricted to you.

§ 7
ELECTRONIC COMMUNICATION
You agree that the contract-related communication may take place in electronic form.


§ 8 LIABILITY FOR EXTERNAL LINKS
We refer to our pages with links to other sites on the Internet. The following applies to all of these links: We expressly declare that we have no influence on the design and contents of the linked pages. For this reason, we hereby expressly dissociate ourselves from all contents of all linked third-party sites at www.spicysoul.at, www.spicysoul.de, and do not adopt these contents as our own. This declaration applies to all displayed links and to the content of the pages to which links lead.

§ 8.1 YOUTH PROTECTION

Delivery and delivery of wine and spirits can only be made to persons over 18 years of age. In order to comply with the legal requirements, Wings & Wine OG is entitled to transfer goods only after authorization by means of an official photo identification. In the event of a legitimate refusal to surrender the customer is obliged to compensate for the actual damage incurred (eg costs of delivery). When placing the order, the customer assures that the recipient of the goods is older than 18 years.


§ 9 DATA PROTECTION
Privacy Policy
We take the protection of your personal data very seriously. The person responsible for the data protection act, the personal data collected during your visit to the website, the processing and use of these personal data, and the purposes of such processing and use are described below.
1. Responsible body for the data collection:
Wings & Wine OG
Hengsberggasse 20
3400 Klosterneuburg
Phone: +43 650 38 36 811
E-mail: afuchs@spicysoul.at, lhaschemi@spicysoul.at

2. Personal data
You can view and view our website without disclosing personal data to us and without our having collected, processed or used personally identifiable information. The following personal data (“personal data”) are requested by contacting the contact form on the website: First name, surname, e-mail address and message. Use of cookies
The site uses cookies by default. These are small files which are stored on your computer and sent to our server by your browser. They contain random, anonymous mapping numbers that allow the server to reassign the settings you have chosen (such as language, country) to your next page call. Cookies do not contain or collect any personal data that could be evaluated by us or third parties and expire after 30 days. If you do not want to allow cookies to be stored, you can deactivate this via the settings of your web browser. The use of the website is not affected by this, the identification number is then automatically attached by your browser to every link within the website. However, your settings are lost when the browser is closed.4. Anonymous access data
The web server collects anonymous access data for statistical purposes during your visit. These give us e.g. Information about the accessibility of certain websites of the website and help us in the continuous improvement of the offer. Individualization of the users is not possible via this data. A personal analysis of these data is not carried out.5. Contact
You are entitled to demand at any time information and legal correction, correction or cancellation of your personal data from us. Please contact us at afuchs@spicysoul.at

3. Data input
If you register a user account, you must also assign a password. In this case, you will receive the access data as an e-mail immediately after registration. E-mail address and telephone number, we need to get in touch with you and inquiries and information in connection with your order. We need your date of birth to check your creditworthiness.
In addition, we require the following data in the case of credit card payment: cardholder, card number, credit card company, date of validity, CVV code and, depending on the credit card, MasterCard SecureCode or Verified by VisaCode. In case of payment via PayPal we need your PayPal user name and PayPal password. We will not collect your payment data by credit card, e-mail, bank transfer, sofortüberweisung and PayPal, since all payments will be made via our payment partner Novalnet AG (www.novalnet.de). Our payment partner encrypts your credit card data or PayPal access data via SSL (at least 128bit) during data transmission.
4. Use of social media plugins
We use social networking plug-ins Facebook and Instagram and Twitter provided by the companies Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA, www.facebook.com, Instagram, LLC ATTN: Arbitration Opt-out 1601 Willow Menlo Park, CA 94025, USA, www.instagram.com and Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103
USA, www.twitter.com. If you visit one of our websites that contains such a plugin, a connection is made from your browser to the respective social network. The social network receives information about your visit to our websites via the plugin. If you are logged into (specify network), your visit can be assigned to your account of your social network. Any interactions with the plugin can be stored by the network operator. Information on the use of the data collected by the respective social network can be found on the company’s website under “Privacy” or “privacy”. If no data is to be collected, please log in before the visit of our websites from the respective social network!

8. This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”) Google Analytics uses so-called cookies, text files that are stored on your computer to provide an analysis of the use of the website. The information generated by cookies about your use of this website (including your IP address) is transmitted to a Google server and stored there. Google will use this information to evaluate the use of the website to compile reports on website activity. We use this information exclusively for the purpose of our own market research and optimization of the design of the website.
Google will transfer this information to third parties, if required by law, or to the extent that third parties process these data on behalf of Google. Google will in no case associate your IP address with other data. You can prevent the installation of the cookies by setting your browser software accordingly. In this case, you may no longer be able to fully utilize all the functions of this website. By using this website, you agree to the processing of the data about you by Google in the manner and for the purposes set out above.

§ 10
PICTURE RIGHTS
All image rights are with us or with our partners. No use of pictures or texts is permitted without our express permission.
§ 11
WARRANTY
Your warranty claims are governed by statutory provisions. The statutory warranty period is 24 months from receipt of the goods.
The warranty period for suppliers supplied by the supplier is 12 months.
When the goods are dispatched in the case of consumer transactions, the risk of loss or damage to the goods is passed on to the consumer only as soon as the goods are delivered to the consumer or to a third party designated by the carrier.
The supplier is liable for defects in accordance with the applicable legal regulations, in particular § § 922 ff ABGB. In particular, the customer can demand fulfillment (improvement or exchange of the goods). However, the supplier is entitled to refer the customer to an exchange if the improvement would involve a disproportionate effort. Upon request of the supplier, the customer sends the defective goods for inspection at the expense and risk of the supplier to the following address:
Wings & Wine OG, Hengsberggasse 20, 3400 Klosterneuburg

§ 12
RIGHT AND COURT
1. The contractual relationship shall be governed exclusively by Austrian law, with the exclusion of substantive uniform law, in particular the UN purchase law on the international purchase of goods. The statutory provisions apply to the court of jurisdiction.

2. The provider reserves the right to change these general terms and conditions at any time, in particular to remove subsequent amendments as well as to adapt to changed legal or technical conditions. Changes made will be announced by the provider on this website. Insofar as the General Terms and Conditions of Business are entered into the contractual relationship with a customer, the respective customer will be informed of the change of the General Terms and Conditions. In this case, the General Terms and Conditions as amended will be deemed to have been accepted and accepted by the Customer if the Customer does not object to the amendments within thirty days after receipt of the amendment notice.

§ 13
SALVATORY CLAUSE
Should individual or several provisions of these general terms and conditions be or become invalid or unenforceable in whole or in part, this does not entail the invalidity of the entire contract. The inadmissible or invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid or unlawful provision.
§ 14
INTERNET, NEWSLETTER, MAILING, REQUEST
At your request, the Wings & Wine OG, or a company commissioned by the Wings & Wine OG, will send you information about their wide range of products and services or draw your attention to interesting offers.
If you wish to receive the newsletters requested by Wings & Wine OG by filling out the “appropriate box”, you agree that your personal data (first name, surname, street / house number, Address, postcode, town, date of birth, e-mail address) can be stored and processed for this purpose by Wings & Wine OG.
You may revoke your consent at any time by submitting an identity card by writing to Wings & Wine OG, Hengsberggasse 20, 3400 Klosterneuburg or by e-mail to afuchs@spicysoul.at or lhaschemi@spicysoul.at. You can also revoke your consent to receive digital newsletters, which are advertised by the Wings & Wine OG, by clicking on the button “Unsubscribe Newsletter” in the newsletter.
§ 15
Gift certificates
1. Payment of promotional vouchers
Promotion vouchers (value vouchers which can not be purchased, but which we issue in the context of an advertising campaign with a certain period of validity) are only valid for the specified online shop, only in the specified period and can only be redeemed once within the scope of an order process. To redeem, the value of the goods must be at least equal to the amount of the promotional voucher. The combination with other vouchers or further promotional vouchers is not possible, likewise a cash payment or reimbursement, if no consideration for it was provided, is excluded. A transfer to third parties and publication are prohibited. If you use a promotional voucher for your purchase, we reserve the right to charge you the original price of the goods you retain if the total value of the order falls below the respective value of the promotional voucher due to your revocation.

2. Redeeming Gift Certificates (Purchased Vouchers)
Gift vouchers (vouchers that you can purchase) can be redeemed for the purchase of Spicy Soul items. However, they can not be used for the purchase of other gift vouchers. The credit of a gift voucher is neither paid in cash nor interest. Gift vouchers and credit balances can only be redeemed before completion of the ordering process. Gift vouchers and credit can not be charged retroactively. A cancellation of the purchase of a gift voucher can be made by our customer service only if the gift voucher has not yet been redeemed. A gift voucher is considered to be redeemed if it has been charged with an order or credited to the credit account. If the credit of a gift voucher for the order is not sufficient, the difference with the offered payment possibilities can be compensated. More than one gift voucher can be used for an order. Gift vouchers can be combined with one promotional voucher per order. To redeem gift vouchers on your customer account or to view an existing credit, please visit “My Account” at www.spicysoul.at. We accept no liability in the case of loss, removal or unauthorized credit card liability. We also do not accept any liability for typographical errors in the e-mail address of the voucher recipient. The gift voucher is transferable. The use of the vouchers for commercial purposes is not permitted. Duplication, editing or manipulation of the vouchers is also not permitted.
§16
liability
1. The user is only liable for damage caused by injury to life, body and health, insofar as these are based on intentional or gross negligence on the part of the user or his vicarious agents.
2. Data communication via the Internet can not be guaranteed without errors and / or at any time according to the current state of the art. The user is therefore not liable for the permanent and uninterrupted availability of the online trading system nor for technical and electronic errors during a sales event to which the user is entitled
Has no influence, in particular not for a possibly delayed processing or acceptance of offers.
§ 17
Retention of title
We reserve the right to ownership of the delivered service or product or to the media processed or created by us until the receipt of all payments from the business relationship with the customer. If the customer sells proprietary proprietary rights, he shall also forward the retention of title. The customer shall immediately notify us of any access by third parties to our proprietary reserved goods. Pledging, security surrender and the like of the reserved property are only permitted with our prior consent. If payment is not made immediately after payment has been made, our reserved property shall be issued without delay. The costs of return shall be borne by the customer.
Last update: 01.01.2017