Terms of service

General Terms and Conditions of Outdoorchef Austria GmbH (“Terms & Conditions”)

1. GENERAL

Outdoorchef Austria GmbH, Handelskai 94-96/23rd & 24th floor, Millennium Tower, 1200 Vienna, Austria, (hereinafter “OUTDOORCHEF”) develops, produces and imports barbecues, accessories and spare parts (hereinafter “Product” or “Products”) and sells them to customers in Austria. These Terms & Conditions apply to the purchase contracts concluded between OUTDOORCHEF and its customers and apply from the date given at the end of these Terms & Conditions. They replace all previous versions.

Any general terms & conditions of business or purchasing of the customer shall apply only if they have been expressly recognised in writing by OUTDOORCHEF.

OUTDOORCHEF may make changes to these Terms & Conditions at any time. The changes shall be made known to the customer by email or in another appropriate way (online). The Terms & Conditions valid at the time the contract is concluded apply.

These Terms & Conditions apply both to transactions with customers who are consumers within the meaning of Section 1 of the Buyer Protection Act (Käuferschutzgesetz, KSchG; hereinafter referred to as “Consumers” and transactions with them as “Consumer Transactions”) and customers who are not consumers within the meaning of Section 1 of the KSchG, but are to be classified as entrepreneurs (hereinafter referred to as “Entrepreneurs” or “Business Customers” and transactions with these as “Entrepreneurial Transactions” or “Transactions with Business Customers”). If individual provisions below only apply to one of these customer groups, this is indicated in each case in a corresponding note in the respective provision. Unless otherwise stated, the provisions of these Terms & Conditions apply to both customer groups.

The contractual language is German.

2. ORDER AND CONFIRMATION

2.1 Our offers are aimed exclusively at customers who have their headquarters, domicile or habitual residence in Austria. All offers from OUTDOORCHEF (e.g. in catalogues, price lists, order lists, online shop, etc.) are non-binding and are to be understood as an invitation for the customer to submit a contract or purchase offer.

Products are ordered by customers from OUTDOORCHEF in writing, electronically or by phone. By placing an order, the customer agrees to these Terms & Conditions. The order constitutes an offer on the part of the customer to OUTDOORCHEF. OUTDOORCHEF confirms receipt of the offer/order, but this does not yet constitute acceptance. OUTDOORCHEF shall verify whether the Product is available. If it is available, the Product shall be sent to the customer. Written or electronic order confirmation or shipping of the Product constitutes acceptance of the customer’s offer on the part of OUTDOORCHEF.

Orders placed are binding for customers until they are rejected by OUTDOORCHEF. For Consumer Transactions, OUTDOORCHEF will, as far as possible, notify the customer of a rejection within 5 working days. Unless specified otherwise, or required by law (for example, legal rights of withdrawal for Consumers), the customer has no right of return or withdrawal.

Any deviations in the confirmation sent by OUTDOORCHEF from the customer’s order shall be reported by a customer who is not a Consumer immediately, and within 2 working days of receipt of the OUTDOORCHEF confirmation at the latest. If the Business Customer fails to make such a report or is delayed in doing so, the conditions in the OUTDOORCHEF confirmation shall be deemed to have been accepted by the customer.

2.2 SPECIAL TERMS AND CONDITIONS FOR ORDERS BY CONSUMERS AND CONFIRMATIONS FOR OUR CONSUMER E-SHOP (B2C)
This point of the contract applies exclusively to business relationships with Consumers:

The customer makes a selection from the OUTDOORCHEF online shop and makes OUTDOORCHEF an offer for the selected Product by submitting an order. Product details and specifications of the Product are provided on the Product page.

The customer can initially place Products from the range available in the online shop in the online shop’s shopping cart without obligation. The contents of the shopping cart can be viewed at any time by clicking on “Shopping cart”. The customer can also remove Products from the shopping cart. It is only possible to place an order if all of the information required and marked as mandatory in the online shop’s order form has been completed. If information is missing or if OUTDOORCHEF cannot fulfil the order for another reason, the customer will receive an error message. Before the order is finally submitted, the customer is given the opportunity to correct or adjust the order. The customer receives detailed supporting information during the ordering process. An order can only be placed if these Terms & Conditions have been explicitly accepted. By clicking on the “Place order and pay” button or similar, the order is complete and binding for the customer. As soon as the order process has been completed, the customer will be informed of this on the website. When we have received the order, the customer will be notified of their order being received via the email address provided. This communication does not yet constitute acceptance of the customer’s offer on our part (see point 2.1.).

The customer is bound to their order for 5 working days after this order is received. The statutory right of cancellation (right of withdrawal) remains unaffected by this.

We save the purchase contract for customers who have a customer account and the customer can access this via their customer account in the online shop. If customers order as a guest without registering for a customer account, the text of the contract is not saved and can no longer be accessed after the order has been placed. The customer can print the order confirmation after the contract has been concluded.

The Products listed in the OUTDOORCHEF online shop and their illustrations, details and descriptions of dimensions are non-binding and may occasionally differ from the actual Product.

3. DELIVERY AND SERVICE

Delivery is available only within Austria. Unless otherwise agreed or specified for a Product, the Product will be shipped from OUTDOORCHEF’s warehouse within 5 working days of the contract being concluded. Delivery usually takes place within 14 days of dispatch. For advance payments, the delivery period begins when the amount is received in our bank account. Any deviating delivery periods are indicated on the respective page for the Product.

The customer acknowledges that the delivery dates specified by OUTDOORCHEF are non-binding; OUTDOORCHEF expressly reserves the right to change delivery periods, unless otherwise agreed on a case-by-case basis.

If an order includes several Products for which different delivery periods apply, OUTDOORCHEF shall send the Products in a single shipment, unless otherwise agreed. In this case, the delivery period for the item with the longest delivery period shall apply to the entire order. This does not then incur any additional delivery costs.

3.1 PART DELIVERIES
OUTDOORCHEF expressly reserves the right to make part deliveries and to bill for them, unless otherwise agreed with the customer.

3.2 TRANSPORT COSTS/DAMAGE
In addition to the prices specified, OUTDOORCHEF shall charge for the costs of packaging and shipping, any additional costs for special treatments and any optional extras in pre-assembly, set-up and delivery. These costs shall be indicated to the customer openly and billed for separately before the order is placed, if possible.

This provision applies exclusively to business relationships with Business Customers: In any case, the customer shall bear the risk of delivery. OUTDOORCHEF cannot accept liability for delivery damage, in particular for transport damage, because packaging is missing or inadequate or because the choice of means of transport is incorrect. Claims for delivery damage, such as that caused by missing or inadequate packaging, are also excluded. The Business Customer is not permitted to refuse to accept deliveries with transport damage, and instead must accept them with reservation and notify the carrier and OUTDOORCHEF of this immediately. The customer must notify OUTDOORCHEF in writing of any complaints regarding transport damage or deviations in quantity within 5 calendar days of the ordered Products being delivered, enclosing photos documenting this, otherwise the delivery shall be deemed to have been approved.

3.3 RETURNS
These provisions apply exclusively to business relationships with Business Customers: OUTDOORCHEF accepts returns only of incorrect deliveries and brand-new Products in undamaged original packaging and without stickers (e.g. showing prices). Return or exchange of Products is possible only within 10 days of receipt by the customer or by special agreement and only following approval from the OUTDOORCHEF Sales department. That approval shall take the form of issuance of a return order number by OUTDOORCHEF. The customer can only return Products to the address and recipient specified in the respective OUTDOORCHF returns authorisation. The return order number must appear on all documents (e.g. delivery notes) provided by the customer. Any costs for checks, damaged packaging, etc. shall be deducted from the credit note issued to the customer.

If the customer fails to observe these provisions, OUTDOORCHEF is entitled to return the Products to the customer without postage, to refuse to accept delivery or to charge expenses of a minimum of CHF 70 and a maximum of 10% of the invoice amount.

3.4 TRANSFER OF BENEFIT AND RISK
This provision applies exclusively to business relationships with Business Customers: The benefit and risk associated with the Products shall be transferred to the customer at the latest on release for shipping by OUTDOORCHEF.

This provision applies exclusively to business relationships with Consumers: The risk of loss or damage to shipped Products transfers to the customer when they are delivered to the customer or a third party designated by the customer.

3.5 OUTDOORCHEF’S RIGHT OF WITHDRAWAL
This provision applies exclusively to business relationships with Business Customers: Until payment of the purchase price has been made by the customer, OUTDOORCHEF is entitled to withdraw from contracts without penalty, insofar as facts come to light to suggest that the customer is not creditworthy, or there are legitimate doubts as to the customer’s ability to pay. Assessment of the creditworthiness of the customer is entirely at the discretion of OUTDOORCHEF.

3.6 CONSUMER’S RIGHT OF WITHDRAWAL
These provisions apply exclusively to business relationships with Consumers:
Customers who are Consumers can withdraw from the purchase 14 days after accepting the goods without stating the reasons for this. To exercise the right of cancellation, the customer must notify OUTDOORCHEF of their decision to revoke the contract by means of a clear declaration (e.g. a letter sent by post or email). To meet the cancellation deadline, it is sufficient for the customer to notify us of their intent to exercise their right of cancellation before the cancellation period has expired.

It is sufficient if the withdrawal is sent within the deadline without stating the reasons for this. In the event of withdrawal, the purchase price will only be reimbursed as Products are returned from the customer. The condition for this is that the Products are in an unused condition and can be resold as new. After receiving the declaration of withdrawal, OUTDOORCHEF will provide the return address and recipient in Austria to whom the Products are to be returned or handed over to within fourteen days of notification at the latest. The customer shall bear the cost of returning the goods. If Products are impaired or damaged or show signs of use, OUTDOORCHEF will charge an appropriate fee for the loss of value. The same applies if accessories are missing when Products are returned.

OUTDOORCHEF shall provide notification of more detailed conditions and consequences of the cancellation in a separate cancellation policy.

There is no right of cancellation (right of withdrawal) for Products that are manufactured in line with customer specifications or that are clearly tailored to the personal needs of the customer.

3.7 RETENTION OF TITLE
OUTDOORCHEF retains title of all delivered Products until the invoice amount plus interest and charges have been paid in full. Before transfer of title, pledging, transfer by way of security, processing and remodelling are not permitted without the express consent of OUTDOORCHEF.

This provision applies exclusively to business relationships with Business Customers: The customer hereby assigns to OUTDOORCHEF its claim from any resale of reserved Products to secure their purchase price claim, even if these have been processed, remodelled or mixed. The customer is only authorised to dispose of Products subject to retention of title in the case of resale with deferral of the purchase price on the condition that they notify the onward buyer of this security assignment at the same time as the resale or they note the assignment in their company accounts. The customer must notify OUTDOORCHEF of the assigned claim and its debtor on request and provide all information and documents required for debt collection and notify the third party debtor of the assignment. In the event of seizure or other claims, the customer is obliged to point out OUTDOORCHEF’s right of ownership and must notify OUTDOORCHEF immediately.

4. PURCHASE PRICES

OUTDOORCHEF sells the Products at the prices and under the conditions specified on the relevant price lists or in the online shop, where OUTDOORCHEF reserves the right to make changes to prices and models at any time. Unless otherwise stated, all prices are inclusive of statutory VAT but are exclusive of shipping costs or other expenses associated with shipping, which are shown and charged to the customer separately before ordering.

This provision applies exclusively to business relationships with Business Customers and takes precedence over the previous paragraph: Unless otherwise stated, the prices apply ex works or ex OUTDOORCHEF’s warehouse plus VAT, packaging, loading, dismantling, return and proper recycling and disposal of electrical and electronic equipment for commercial purposes within the meaning of the Electrical Equipment and the Waste Management Act (Elektroaltgeräteverordnung). If fees, taxes or other charges are charged in connection with the delivery, these shall be borne by the customer. If delivery is agreed, this, in addition to any transport insurance requested by the customer, will be charged separately, but will not include unloading and subsequent handling. Packaging is only taken back by explicit agreement. Prices are based on costs applicable at the time the initial price offer is made. If costs increase by the time of delivery, OUTDOORCHEF is entitled to adjust prices accordingly.

5. PAYMENT TERMS

Payment can be made either by credit card or by other methods of payment accepted by OUTDOORCHEF, as indicated in the web shop, in price lists, in catalogues or in offers made by OUTDOORCHEF. Payment is made on completion of the order.

If the “Payment on account” option is available, the following regulations apply: The customer is required to pay for Products supplied within 30 days of the invoice date.

Payments must be made in euros without deduction. Cheques or bills of exchange are always only accepted on account of payment. Any related interest and expenses (such as collection and discount charges) are to be borne by the customer.

Any discounts or bonuses granted in individual cases are conditional on full payment being made in a timely manner.

If insolvency proceedings are opened against the customer’s assets or an application is rejected for lack of assets, deliveries are only made against prepayment.

This provision applies exclusively to business relationships with Business Customers:

The customer is not entitled to make part payments, nor to withhold payments because of complaints. Furthermore, the customer is not permitted to offset any counterclaims.

OUTDOORCHEF reserves the right to adjust the payment terms at any time.

6. DEFAULT OF PAYMENT

On expiry of the payment term of 30 days or another agreed payment period without payment having been made, the customer is in default without further notification. In the event of a default in payment, statutory default interest will be charged.

OUTDOORCHEF is entitled to charge the customer a reminder fee of CHF 40 per reminder. Furthermore, the customer is required to bear the necessary costs of appropriate out-of-court enforcement or recovery measures, insofar as these are in reasonable proportion to the claim made.

In the event of default of payment, OUTDOORCHEF is entitled to demand payment in advance for subsequent orders and deliveries that have not been completed until receipt of the outstanding payment(s).

7. WARRANTY AND GUARANTEE

The following terms of warranty and guarantee only apply if OUTDOORCHEF has not made a different agreement in writing with the customer outside these Terms & Conditions.

7.1 WARRANTY
OUTDOORCHEF provides the customer with a warranty only covering the absence of defects in the Products within the meaning of Sections 922 et seq. of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB). OUTDOORCHEF shall only be liable for Product characteristics specified by the customer in the context of their order if OUTDOORCHEF has expressly warranted or accepted them in writing.

Slight, reasonable technical and design deviations from the details in brochures, catalogues and written documents and changes in models, designs and materials in the context of technical progress and further development do not constitute a defect either in fulfilment or the Product.

The warranty also excludes defects that arise from improper use, arrangement and assembly not carried out by OUTDOORCHEF, inadequate equipment, failure to observe installation requirements and conditions of use, overuse of parts beyond performance specified by OUTDOORCHEF, negligent or incorrect handling and use of unsuitable operating materials. This also applies to defects that can be traced back to material or components provided by the customer. OUTDOORCHEF is also not liable for damage caused by the actions of third parties, atmospheric discharges, surges or chemical influences. The warranty does not apply to the replacement of parts that are subject to natural wear and tear.

In addition, the provisions on statutory warranties apply to customers who are Consumers. The warranty period for the delivery of movable items is two years from the date on which Products are accepted. Complaints based on statutory warranty claims or other complaints can be made using the contact details given in point 16.

The following supplementary provisions only apply to business relationships with Business Customers and take precedence over the previous regulations insofar as:

The warranty period is 12 months, unless special warranty periods have been agreed for individual Products. The warranty period starts on transfer of risk in accordance with point 3.4. Claims under Section 933b of the ABGB become time-barred at the end of the aforementioned period.

For warranty claims, the Business Customer must have reported any defects in writing immediately after delivery and OUTDOORCHEF must have received notice of such defects (Section 377 UGB).

Compensation for consequential damages and other material damage, financial losses and damage to third parties is excluded.

7.2 GUARANTEE
In addition to statutory warranty, OUTDOORCHEF shall give customers a voluntary product guarantee when purchasing an OUTDOORCHEF Product.

The term of the guarantee and DOA provisions (definition below) for individual Products are communicated on the OUTDOORCHEF website at www.outdoorchef.at or can be requested from OUTDOORCHEF at any time by telephone.

Guarantee claim
Guarantee claims must be asserted by the customer to OUTDOORCHEF in writing immediately after discovery, but within 2 months at the latest, by submitting the guarantee card or proof of purchase. After expiry of the 2-month period (complaint period), all guarantee claims against OUTDOORCHEF are excluded. For obvious, recognisable and clear defects, this complaint period begins on receipt of the Product. The customer is obliged to check the Product for defects immediately after receipt. In the case of hidden defects, the period for giving notice of defects shall commence on discovery of the defect.

If the Product was purchased in a non-functional state, i.e. cannot be put into operation after purchase (dead on arrival, “DOA”), the customer must return it to OUTDOORCHEF within 10 working days from the date of purchase, showing the relevant guarantee card or proof of purchase. The Product will be replaced for the customer with an equivalent or comparable model from OUTDOORCHEF. After a period of 10 days from the date of purchase passes, no exchange will be made, but a repair will be carried out. This does not apply to brands and Products for which the DOA provisions are excluded.

Guarantee cases and scope
Within the scope of this guarantee, OUTDOORCHEF guarantees that the components of the Product will be free from defects in terms of material or workmanship for the periods specified below. The guarantee is valid from the date of purchase and is granted in the following cases, provided that there is no exclusion:

- 12 years on stainless steel burners*
- 12 years on all stainless steel parts*
- 12 years on die-cast aluminium parts*
- 12 years on stainless steel grills*
- 12 years on ceramic burners*
- 5 years on the enamelled sphere (base and lid)*
- 5 years on enamelled cast iron grate*
- Enamelling defects only before first use
- 2 years on all remaining manufacturing/material defects

*only valid in case of rusting/burning through for the models Davos, Arosa, Lugano Evo, Dualchef; from the 6th to the 12th year, 50% on spare parts costs for the enamelled sphere/cast iron grate (excluding transport costs)

Irregularities that are insignificant with respect to the functionality, colour differences in the enamelling or minor faults such as production-related contact points on the lower edge of the lid or on the suspensions are not considered to be defects. Reasonable technical and design deviations from the details in brochures, catalogues and written documents and changes in models, designs and materials in the context of technical progress and further development do not constitute a defect either in fulfilment or the Product.

In the event of a guarantee claim, OUTDOORCHEF may, at its sole discretion and choice, repair or replace the damaged or defective parts or replace the Product altogether. In the event of a replacement, OUTDOORCHEF shall be entitled, at its own discretion and choice, to offer the customer a comparable model from OUTDOORCHEF, e.g. in exchange for a successor model. Insofar as the functionality of the Product is not impaired by a defect, the customer may also be offered appropriate financial compensation instead of a repair or exchange/replacement.

The guarantee is in any case limited to the value of the purchase price of the Product purchased by the customer.

Guarantee exclusion
The guarantee is excluded in the following cases:

- Consumables, such as bulbs, batteries, packaging, etc.
- Faults, defects and deterioration of condition caused by accident, incorrect use, failure to observe the operating instructions, failure to tighten the screw connection hose & regulator to the grill incl. leak test and/or the warning notices;
- Grease fire;
- Environmental and extreme weather conditions/force majeure (hail, lightning strikes, hurricanes, earthquakes, tsunamis, storm surges, tornadoes, severe storms, acid rain and others); and
- Exposure to salty air and/or chlorine sources such as swimming pools and hot tubs.
- Improper modification;
- Misuse;
- Vandalism/wilful damage;
- Faulty assembly;
- Negligence;
- Lack of care of the Product/non-performance of regular maintenance;
- Contamination and damage caused by insects or spiders (e.g. burner tubes);
- Damage caused by rodents or martens (hoses and other parts);
- Damage due to wear;
- Usual wear and tear during normal use, especially on general wear parts such as the funnel, flame roofs, burner, thermometer, ignition and battery, electrode, ignition cable, gas hose, gas pressure regulator, heating element, reflector, aluminium protective foil, grill or charcoal grate and tray, ignition grate, grease drip tray and charcoal tray;
- Scratches;
- Dents;
- Paint damage;
- Coatings;
- Corrosion and superficial rusting;
- Discoloration due to heat;
- Damage caused by abrasive and chemical cleaning agents;
- Chipping and damage to porcelain-coated parts and components (unless the defect can be proven to have existed prior to first use);
- Defects and/or damage, insofar as these have been caused by interventions or repairs by service technicians not authorised by OC or by the installation of spare parts from other manufacturers;
- Defects and/or damage that occurred during transport to the buyer, unless the transport was arranged by the guarantor; and
- Defects and/or damage due to wear and tear during professional use for commercial purposes (e.g. use in the hotel or catering industry).

The guarantees and disclaimers specified in this guarantee agreement are conclusive. OUTDOORCHEF does not undertake any warranty, guarantee or liability beyond the scope of this guarantee agreement.

Guarantee processing
In the event of a guarantee claim, the customer must contact OUTDOORCHEF immediately. The customer must provide the following information and submit supporting documentation when submitting a guarantee claim:
- Purchase receipt and guarantee certificate;
- Product name with serial and part number (to be found on the data sticker attached to the Product);
- Address of the customer; and
- Description of the defect.

Guarantee processing is not possible without this information and receipts. For the duration of the guarantee processing (inspection and possible repair/replacement/replacement), there shall be no claim against OUTDOORCHEF for a replacement Product or any other compensation. The performance of guarantee services shall neither extend nor restart the guarantee period. Replaced parts shall become the property of OUTDOORCHEF.

The customer is responsible for transportation of the Product in question to the service centre address provided by OUTDOORCHEF following notification of the guarantee claim—the service centre will carry out the guarantee review and bear the costs of this. Returns from the OUTDOORCHEF service centre will only be made to addresses in Austria.

8. LIMITATION OF LIABILITY

OUTDOORCHEF shall only liable for any damage suffered by the customer in the event of wilful intent or gross negligence, with the exception of damage to people, health and life or within the scope of the Product Liability Act (Produkthaftungsgesetz). Otherwise, liability for slight negligence is excluded. The injured party is required to prove the existence of gross negligence, unless this relates to a Consumer Transaction.

The following supplementary limitations of liability apply exclusively to business relationships with Business Customers:

In cases of gross negligence, OUTDOORCHEF’s total liability is limited to the lower of the net order value or EUR 500,000. OUTDOORCHEF’s liability is limited to the lower of 25% of the net order value or to EUR 125,000, for each claim.

Liability for slight negligence and compensation for consequential damage, purely financial losses, indirect damage, loss of production, financing costs, costs for alternative power, loss of power, data or information, lost profits, unrealised savings, loss of interest and damage from claims by third parties against customers are excluded.

In the event of non-compliance with any conditions for assembly, commissioning and use (such as those contained in the operating instructions) or the official approval conditions, any compensation for damages is excluded.

9. AFTER-SALES

Internal spare parts and parts that carry gas for Products shall only be sent to authorised, recognised service centres.

If, at the customer’s request, the Product is to be returned unrepaired or there is no response to the estimate and no warranty claim, a processing fee shall be charged. This also applies if external products are sent.

In the case of unjustified warranty or guarantee claims that result from an operating error on the part of the customer, there may be a charge for the work involved.

This provision applies exclusively to business relationships with Business Customers:
OUTDOORCHEF shall provide a warranty of 6 months on repair work carried out and spare parts replaced.

10. FORCE MAJEURE

If, as a result of the effects of force majeure, in particular war, unrest, natural disasters, strikes, disruption to operations, epidemics or similar circumstances, contractual obligations of OUTDOORCHEF cannot be fulfilled, cannot be fulfilled on time or cannot be fulfilled properly, OUTDOORCHEF is exempt from its obligation to provide performance for the duration of such disruption. The start and duration of any deadline is stopped and extended accordingly.

11. INFORMATION OBLIGATION

This provision applies exclusively to business relationships between OUTDOORCHEF and Business Customers and is subject to other agreements made individually with business customers:

The customer shall immediately forward complaints from their customers and third parties of which they gain knowledge to OUTDOORCHEF in all cases.

12. RELEASE OF DOCUMENTS

This provision applies exclusively to business relationships between OUTDOORCHEF and Business Customers and is subject to other agreements made individually with business customers:

The customer shall promptly release to OUTDOORCHEF marketing, advertising and other documents provided by the latter.

13. ADVERTISING

This provision applies exclusively to business relationships between OUTDOORCHEF and Business Customers and is subject to other agreements made individually with business customers:

The customer shall agree and approve all advertising activities that are co-financed by OUTDOORCHEF in advance with the sales management of OUTDOORCHEF and ensure that they correspond to the current design templates (corporate design/identity) for the Product or the Product brand. Without this prior agreement and approval, and submission of specimen copies, OUTDOORCHEF cannot pay any advertising subsidies. Payment shall be made on invoicing by the customer.

14. NO CHANGES TO PRODUCTS

This provision applies exclusively to business relationships between OUTDOORCHEF and Business Customers and is subject to other agreements made individually with business customers:

The customer is not permitted to change Products and the brands, names, logos and symbols applied to them in any way.

15. SEVERABILITY CLAUSE

If any of the above regulations proves to be invalid, this shall not affect the validity of the remaining regulations. Invalid or ineffective provisions shall be replaced by provisions that come as close to the intended economic purpose as possible. The same approach shall be taken with respect to loopholes.

16. APPLICABLE LAW/PLACE OF JURISDICTION/DISPUTE RESOLUTION

These Terms & Conditions and the contracts and agreements made between OUTDOORCHEF and its customers are governed exclusively by Austrian law, excluding the provisions covering the conflict of law and the United Nations Convention on the International Sale of Goods (Vienna Sales Convention, CISG).

The courts with local jurisdiction over the registered office of OUTDOORCHEF are exclusively responsible for dealing with disputes in connection with these Terms & Conditions and the contracts concluded by the Parties.

For Consumer Transactions, the courts where the Consumer has their place of domicile, habitual abode or employment in Austria is also deemed to have jurisdiction.

The EU Commission provides a platform for out-of-court settlement of disputes. This gives Consumers the opportunity to settle disputes regarding their online order out of court. You can find the dispute settlement platform here: https://ec.europa.eu/consumers/odr/

Our email for Consumer complaints is: webshop@outdoorchef.at

Version: 01/03/2021