Legal Notice & Privacy Policy

This site is published by MooserWirt GmbH, which is solely responsible for its contents:

MooserWirt GmbH
Unterer Mooserweg 2
6580 St. Anton am Arlberg
Tirol / Austria 
T +43 5446- 2644
F +43 5446- 2644- 20
info@mooserwirt.at
www.mooserwirt.at

Download Terms & Conditions as PDF

Information according to Austrian E-Commerce Law (ECG) and Media Law (MedienG)—in German only:

Web Design & Web Development
ZMART Kreativstudio, Zangerl Martin
Schnann 23, 6574 Pettneu am Arlberg
info@zmart.at, www.zmart.at

Disclaimer

1. Contents
All information available via this site is supplied as is. MooserWirt GmbH makes no representations that information on the web site is accurate and up to date or complete and accepts no liability for any loss or damage caused by the inaccuracy or incompleteness of information on the site. The publisher provides no explicit or implicit guarantee and accepts no responsibility for the use of this information. Users shall bear sole responsibility for the use of such information. MooserWirt GmbH reserves the right to modify this information at any time, particularly through site updates.

2. Linked Web Sites
This Site includes links to other web sites. The publisher provides such links solely as a convenience to you and for informational purposes only. The publisher has not reviewed all of the information on these other web sites. The inclusion of these links in no way indicates the publisher’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such web sites. Neither MooserWirt GmbH , nor any other providers of products or services related to this Site, shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. This also applies to third party entries’ in guest books, blogs, and mailings.

3. Copyright
The presentation and all of its elements, including the domain name, brands, logos, signs, drawings, illustrations, photographs, text, graphics and other files appearing on this site, are protected by the intellectual property laws in force, and belong to MooserWirt GmbH or have been authorized for its use. No element of the site may be copied, reproduced, modified, republished, loaded, altered, transmitted or distributed in any way whatsoever, via any medium whatsoever, in part or in whole, without the prior written permission of the author.

4. Legal Effectiveness
In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

5. Disclaimer

Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

 As a service provider we are responsible for our own contents on this site under applicable law. Contents must not be illegal or unlawful, must not infringe any third party's legal rights and must not be capable of giving rise to legal action. We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website. Notwithstanding our rights under these terms of use in relation to content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website. Any liability in this respect shall commence at the time we become aware of the respective violation. If we are made aware of any such violations, such content will be removed immediately.

6. Liability for Links

This web site contains links to web sites that are not under our control. We are not responsible for the content, commentary, or applications of these web sites. Whilst we take all reasonable care in the creation, selection and assembly of the information, the information is provided as-is and no warranty or representation is given as to its accuracy or appropriateness. The particular provider or webmaster is always responsible for the content of linked pages. The linked sites were checked at the time of linking for possible violations of law. Illegal contents were not identifiable at the time of linking. Upon notification of violations, we will remove such links immediately.

7. Copyright

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. 

The presentation and all of its elements, including the domain name, brands, logos, signs, drawings, illustrations, photographs, text, graphics and other files appearing on this site, are protected by the intellectual property laws in force, and belong to us or have been authorized for its use. Content of third parties are marked as such. No element of the site may be copied, reproduced, modified, republished, loaded, altered, transmitted or distributed in any way whatsoever, via any medium whatsoever, in part or in whole, without the prior written permission of the author. Downloads and copies of this website are only permitted for private, non-commercial use.

8. Privacy Policy

We are committed to safeguarding the privacy of our website visitors; the use of our website is usually possible without providing personal information. If personal data (such as name, address or email address) is collected on our webpages this will be on a voluntary basis as far as possible. These data are not passed on to third parties without your explicit consent. We point out that data transmission over the Internet (e.g. when communicating by e-mail) can have security breaches. A complete protection of data against access by third parties is not possible. 

The use of contact data published within the bounds of imprint obligation by a third party for the purpose of providing not specifically requested advertisements and information is hereby expressly forbidden. The website provider reserves the right to take legal action in case of unsolicited advertising, such as spam e-mails.

Source: e-recht24.de, Legal Advice by Sören Siebert, Lawyer

9. Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer to help the website analyze how visitors use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. If, however, you would rather that the Google Analytics tool did not monitor your use of the website in this way (or any other sites that also use Google Analytics), you can add a plug-in to your browser that will block this activity. Please visit http://tools.google.com/dlpage/gaoptout for more information about the Google Analytics Opt-out Browser Add-on.    

Disclaimer

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

As a service provider we are responsible for our own contents on this site under applicable law. Contents must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action. We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website. Notwithstanding our rights under these terms of use in relation to content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website. Any liability in this respect shall commence at the time we become aware of the respective violation. If we are made aware of any such violations, such content will be removed immediately.

Liability for Links

This website contains links to websites that are not under our control. We are not responsible for the content, commentary, or applications of these websites. Whilst we take all reasonable care in the creation, selection and assembly of the information, the information is provided as-is and no warranty or representation is given as to its accuracy or appropriateness. The particular provider or webmaster is always responsible for the content of linked pages. The linked sites were checked at the time of linking for possible violations of law. Illegal contents were not identifiable at the time of linking. Upon notification of violations, we will remove such links immediately.

Copyright

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website.

The presentation and all of its elements, including the domain name, brands, logos, signs, drawings, illustrations, photographs, text, graphics and other files appearing on this site, are protected by the intellectual property laws in force, and belong to us or have been authorized for its use. Content of third parties are marked as such. No element of the site may be copied, reproduced, modified, republished, loaded, altered, transmitted or distributed in any way whatsoever, via any medium whatsoever, in part or in whole, without the prior written permission of the author. Downloads and copies of this website are only permitted for private, non-commercial use.

Severability

If, for any reason any term, covenant, condition, or provision of these Terms of Use, or portion thereof, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

This document is a translation of our German General Terms and Conditions Statement („Allgemeine Geschäftsbedingungen “). Where the MooserWirt GmbH has provided you with a translation of the German language version of the Terms, then you agree that the translation is provided only for your convenience and that the German language versions of the Terms will govern your relationship with the MooserWirt GmbH.

General Terms and Conditions 

Eugen Scalet Mooserwirt GmbH 
Unterer Mooserweg 2 6580 St. Anton am Arlberg 
Tel: +43/5446/3588 fax: +43/5446/3588-30 
e-mail: info@mooserwirt.at 
VAT number: ATU 64335525 

Responsible trade authority: District administrative department - Landeck 
Member of the Austrian Chamber of Commerce 
Professional group/occupational group: Catering trade 
Type of Business: Restaurant 

2. General 

The following business conditions apply to the sale and the delivery of goods by Mooserwirt GmbH. Any conflicting conditions of the buyer are only valid with the firms’ legally binding signature. By placing an order in the online shop the buyer agrees to the general Terms and Conditions of Mooserwirt GmbH. Our range of goods offered is not binding and is subject to alteration without notice. 

3. Ordering 

An order can only be made after logging in properly. For a first order, a registration as a new user is required. Follow up orders can be made with the submission of your established login user details. In addition, it is possible to place an order without opening an account by selecting "express order" where the delivery/ order invoice address is requested. 

Mooserwirt GmbH is not obliged to complete the contract in the event that written, printed or calculation errors occur on the web site. If the supplier fails to deliver the product to Mooserwirt GmbH for any reason, there is also no obligation to complete the contract. These General terms and Conditions apply to legal transactions with consumers in accordance with Austrian consumer protection law and in so far as they do not contradict mandatory regulations of the consumer protection law. 

4. Language of the agreement 

The terms of the contract, all other information, customer service, data information and processing of any claims are generally in German. 

5. Prices 

All prices are valid at the time of the order and are inclusive of VAT and all additional costs such as shipping costs and expenses. All costs are displayed before completion of the order and in addition are given to the customer with the order confirmation. Any possible additional export or import surcharges are at the expense of the customer. For sales to businesses within the EU, the purchase tax will be paid in their home country if they provide a VAT number. Payments will be made in Euros. 

6. Return policy 

The contract can be revoked within a period of 2 weeks from completion. Customers can withdraw from the sale contract, without giving any reason, during this period. If the customer cancels upon receipt of the ordered product, the item must be returned at the expense and the risk of the customer. A complete or partial refund of the sale price will be given on receipt of the returned items. A complete refund is given if the product is as good as new and returned unopened and originally packed. In the event that there is any decrease in the value of the goods, a partial refund, representing such decrease in value, will be given.

Return policy for consumers from Germany 

Any customer has the right to revoke his contract within 14 days in writing (for example by letter or e-mail) without giving reasons or by returning the goods. The revocation period starts upon receipt of these Terms and Conditions in writing. The customer will be deemed to have complied if the goods are returned or notice of revocation is given within this period. The notice of revocation should be sent to: 

Eugen Scalet Mooserwirt GmbH 
Unterer Mooserweg 2 6580 St. Anton am Arlberg 
Tel: +43/5446/3588 fax: +43/5446/3588-30 
e-mail: info@mooserwirt.at 

Consequences of revocation 

In the event that a contract is revoked, both parties must return any services rendered or goods received, where possible with the benefits of such services or goods and with interest. Should the customer not be able to return the goods or only return them partially or in a deteriorated condition, then he may be obliged to compensate the seller accordingly. In the case of returned goods this does not apply if the deterioration of the goods is caused solely as a result of the customer testing the goods as he could have done for example in a shop. Otherwise, the customer can avoid having to compensate the seller by not using the goods and by not doing anything to reduce their value. The seller bears both the cost and the risk of shipments in the event of returns. Items that are not transportable by parcel will be collected from the customer. Refunds must be paid within 30 days. For the customer, this period commences with the sending of the notice of revocation or with the return of the goods; for the seller the period begins upon receipt of either the notice or the goods.  

The Mooserwirt team 

7. Service/Delivery 

Mooserwirt GmbH reserves the right to change the range of goods and services offered at shop.mooserwirt. at any time. The prices quoted at shop.mooserwirt.at for goods and services do not contain any costs which are set off by third parties. If any of the articles ordered are not immediately available for delivery, these will be delivered as soon as available. Transportation costs are settled separately and are indicated before completion of the order. 

8. Refusal of acceptance 

If the customer refuses to accept delivery of the goods without having previously cancelled the order, a charge of 20 Euros will apply. 

9. Delivery times 

The delivery times are indicated under the shipping section. Delivery is carried out as quickly as possible and in any event within the legal period of 30 days. The customer will be informed about any possible delays in shipment once the order has been placed. If the customer should not agree to the extended delivery time, he is free to return the late delivered product.

10. Shipping costs 

The delivery costs are indicated under the shipping section. We deliver in the whole of the EU. Delivery to a PO Box is not possible. 

11. Payment 

We accept the following as payment: 

Credit card (Visa, MasterCard, Maestro.) 
Cash on Delivery (only Austria.) 
Advance payment 
PayPal 

12. Reminder and collection expenses 

In the event of a delay in payment, the customer must reimburse Mooserwirt GmbH for any reminder and collection expenses it incurs with a collection agency as long as these do not exceed the maximum rates of compensations due according to the BMWA regulations. In the event that Mooserwirt GmbH issues its own letters of demand, the customer must pay to Mooserwirt the sum of € 12 per notice plus the sum of €5 every six months to compensate for the monitoring of the debt.

13. Retention of title - Ownership

Mooserwirt GmbH shall retain the title to the goods supplied until payment has been made in full. When it contracts with companies, Mooserwirt GmbH shall retain title until all claims, including any future and conditional claims arising from the contract, have been satisfied. The customer must treat the goods with care and must notify us without delay in the event that there is a change in ownership of the goods changes or the customer changes address.

14. Data protection privacy 

All persons who deal with the processing of customer data are subject to the non-disclosure statement of Austria’s data protection law. Also the very facts of the message exchange are subject to the non-disclosure statement. However, routing and domain information must and may be passed on. 

The customer acknowledges that the customer data cited in the contract will be stored and used for accounting purposes and customer files. The data will be used for the fulfillment of legal regulations and for the execution of payment transactions. 

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google“). Google Analytics uses “cookies“, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. 

15. Warranty, Liability, Guarantee 

As of 1.1.2002, the warranty given by Mooserwirt GmbH will expire after the legal period of 24 months.

In the event of justified complaints of defects, the customer will be offered either a free replacement or repair within a reasonable period. In the event that replacement or repair are inappropriate (not possible, the cost would be too high, it would be unreasonable or would cause a delay), the customer will be entitled to a reduction in the purchase price or, if the defect is not minor, to revoke the contract.

 Returns to Mosserwirt GmbH must be carried out freight paid. If an inspection of the returned product shows that the damage has been caused by improper treatment, the customer will be informed. On request an estimate of the cost of repairing the defect can be prepared. In the case of repair after improper treatment the return is carried out at the expense of the buyer. Mooserwirt GmbH bears no liability for guarantees provided by manufacturers. 

16. Liability/exclusion of liability 

Mooserwirt GmbH is generally only liable for damage caused intentionally and by gross negligence. This does not apply to personal injuries or to consumer contracts. In the event that the contract is not with a consumer, the injured party must prove that the damage has been caused by carelessness or gross negligence. Also, if the contract is not with a consumer, Mooserwirt GmbH is not liable to pay compensation to the customer for any damage caused by defects, or for any material damage, financial loss or injuries caused to third parties. Mooserwirt GmbH as the operator of shop.mooserwirt.at renders its services with the greatest care. However, is not liable for the services made available by or obtained by third parties. Mooserwirt GmbH is not liable for any technical changes to goods, misprints or for the quality of the goods.   

17. Place of performance 

The contract is performed at the headquarters of our company. 

18. Copyright 

All information supplied on the website of Mooserwirt GmbH together with the graphics used and the design of the website is exclusively for the personal information of our customers. Use of the website is at the user’s risk. All data supplied is protected according to § 4 and § § 87 ff. of the Copyright law. 

The reproduction, copying and printing of any part of the website are only permitted when placing an order with Mooserwirt GmbH. Any reproduction, usage or disclosure of this information will be deemed to exceed usual use and will constitute a breach of copyright.