General Terms and Conditions (GTC)
barista.tools
Otto Hauck
As of January 2026
1. Scope
These terms and conditions apply to all contracts concluded via the online shop barista.tools between
Otto Hauck
Fraham 18
5273 Roßbach
Austria
VAT ID No.: ATU68885815
(hereinafter referred to as "Seller")
and Consumers within the meaning of these terms and conditions are persons as defined in § 1 of the Austrian Consumer Protection Act (KSchG).
Entrepreneurs are persons as defined in § 1 UGB.
2. Conclusion of the contract
The products displayed in the online shop do not constitute a legally binding offer, but rather a non-binding invitation to place an order .
The contract is concluded as soon as the seller
-
the order was confirmed by email or
-
The goods have been shipped.
3. Prices and Payment
All prices are in euros including VAT , plus shipping costs.
The payment methods offered during the ordering process are considered agreed upon.
4. Delivery and Transfer of Risk
Delivery will be made to the address provided by the customer.
Consumers:
The risk of accidental loss or accidental damage to the goods only passes to the consumer(s) upon delivery .
Entrepreneurs:
The risk passes to the entrepreneur (s) upon handover to the transport service provider .
4a. Self-Collection, Export and Use Outside Austria
If agreed between the seller and the buyer, delivery of the goods may also take place by self-collection at the seller’s place of business in Austria. In this case, the goods shall be deemed delivered upon handover to the buyer or the buyer’s authorized representative. The place of delivery and performance shall in this case be the seller’s registered place of business in Austria.
Transport, loading, export from Austria as well as any import into other countries shall be carried out exclusively by the buyer and at the buyer’s own risk and responsibility.
The buyer is obliged to independently ensure that the import, resale or use of the goods in the country of destination complies with all applicable legal regulations. This applies in particular to technical, regulatory, safety-related as well as trade and customs requirements.
The buyer is further obliged to independently verify, prior to exporting, reselling or using the goods outside Austria, whether such actions may infringe the rights of third parties. This applies in particular to intellectual property rights such as patents, utility models, trademarks, designs or comparable protection rights.
The seller assumes no warranty and no liability that the import, distribution or use of the delivered goods outside Austria is free from third-party rights or other legal restrictions.
The buyer undertakes to indemnify and hold the seller harmless from and against any claims by third parties arising from violations of legal provisions or intellectual property rights in connection with the export, import, resale or use of the goods outside Austria.
4b. Shipping, Default of Acceptance, and Return Costs
(1) Goods shall be shipped to the delivery address specified by the customer. In the case of consumers, the risk of accidental loss or deterioration of the goods shall pass to the customer only upon delivery of the goods to the customer or to a third party designated by the customer.
(2) If delivery of the goods cannot be completed for reasons attributable to the customer (e.g. absence, insufficient address details, or failure to collect the goods after a delivery attempt), and the goods are returned to the seller, the customer shall be deemed to be in default of acceptance, provided that the customer was given a reasonable opportunity to accept delivery or collect the goods.
(3) In the event of default of acceptance, the seller shall be entitled to charge the customer for the actual costs incurred due to the failed delivery, as well as for any costs of re-shipment.
(4) In the event of default of acceptance, the seller shall furthermore be entitled to withdraw from the contract after granting a reasonable grace period. In such case, the seller may claim reasonable compensation for expenses incurred.
(5) The customer shall have the right to prove that no costs or significantly lower costs were incurred.
(6) For entrepreneurs, the risk shall pass to the customer upon handover of the goods to the carrier.
5. Retention of title
The goods remain the property of the seller until full payment has been received .
6. Right of withdrawal for consumers (according to FAGG)
6.1 Right of withdrawal
Consumers have the right to withdraw from this contract within 14 days without giving any reason .
The cancellation period is 14 days from the day on which the consumer or a third party designated by him/her , who is not the carrier, has taken possession of the goods.
To exercise the right of withdrawal, consumers must notify the seller.
(Email: info@barista.tools )
inform us of your decision to withdraw from this contract by means of a clear statement .
To meet the deadline, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the expiry of the withdrawal period .
6.2 Consequences of the revocation
If this contract is cancelled, the seller must refund all payments, including standard delivery costs, immediately and at the latest within 14 days of receiving the cancellation notice .
Refunds will be issued using the same payment method used for the original transaction, unless expressly agreed otherwise.
The seller can refuse repayment until
-
the goods have been received again or
-
Proof of return has been provided
depending on which time occurs earlier.
6.3 Return of goods
The goods must be returned immediately and at the latest within 14 days of the notice of cancellation .
Consumers bear the direct costs of the return shipment .
Consumers are only liable for a loss in value of the goods if this is due to handling that was not necessary to examine the nature, characteristics and functioning of the goods.
6.4 Special shipping requirements for goods with lithium-ion batteries
If batteries are removable , consumers must remove them before returning them.
-
remove from the device,
-
enclose separately
-
Protect against short circuits (e.g. by taping over the contacts),
-
individually package as well as
-
Protect against movement and mechanical damage.
The shipment must comply with the relevant regulations governing dangerous goods and transport .
Shipping damaged, deformed or swollen lithium-ion batteries via regular parcel services is prohibited.
In the event of violations, consumers are liable – to the extent permitted by law – for any resulting damages and additional expenses.
6.5 Exclusion of the right of withdrawal
No right of withdrawal exists in particular in the case of:
-
sealed goods for hygiene or health protection reasons after opening
-
custom-made or personalized goods
6.6 No right of withdrawal for entrepreneurs
The statutory right of withdrawal applies exclusively to consumers .
Entrepreneurs are not entitled to a right of withdrawal or return unless expressly agreed otherwise in writing.
7. Warranty
Consumers:
The provisions of the Consumer Warranty Act (VGG) apply .
Entrepreneurs:
Warranty period 12 months ;
Duty to investigate and give notice of defects pursuant to Section 377 of the Austrian Commercial Code (UGB) .
8. Liability
Unlimited liability applies to:
-
Intentional acts and gross negligence
-
Product liability
-
Injury to life, body or health
In cases of slight negligence, the seller is only liable for breaches of essential contractual obligations and only to the extent of the typically foreseeable damage .
9. Data protection
Personal data is processed in accordance with the privacy policy on barista.tools.
10. Applicable Law and Jurisdiction
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods .
The place of jurisdiction is determined by the statutory provisions .