General Terms and Conditions
barista.tools
Otto Hauck
Fraham 18
5273 Roßbach bei Mauerkirchen
Austria
Last updated: 8 September 2026
1. Scope
These General Terms and Conditions apply to all contracts concluded through the online shop barista.tools between Otto Hauck, Fraham 18, 5273 Roßbach bei Mauerkirchen, Austria, VAT ID ATU68885815 (hereinafter referred to as the “Seller”) and its customers.
For the purposes of these Terms and Conditions, consumers are persons who qualify as consumers within the meaning of Section 1 of the Austrian Consumer Protection Act (KSchG). Businesses are persons who qualify as entrepreneurs within the meaning of Section 1 of the Austrian Commercial Code (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 submit an order.
The contract is concluded when the Seller expressly confirms the order by email or dispatches the goods.
3. Prices and Payment
Unless otherwise stated, all prices are shown in euros including the applicable statutory VAT, plus any applicable shipping costs.
The payment methods actually offered during the checkout process shall apply.
4. Delivery and Transfer of Risk
Delivery is made to the delivery address provided by the customer.
For consumers: The risk of accidental loss of or accidental damage to the goods generally passes to the consumer only when the goods are delivered to the consumer or to a third party designated by the consumer who is not the carrier.
For businesses: Unless expressly agreed otherwise, the risk passes to the business when the goods are handed over to the carrier, freight forwarder or other person or organisation responsible for carrying out the shipment.
4a. Collection, Export and Use Outside Austria
Where agreed between the Seller and the customer, goods may also be collected from the Seller’s place of business in Austria. In this case, the goods are deemed to have been delivered when they are physically handed over to the customer or to a person authorised by the customer to collect them.
If, following delivery, the customer independently arranges onward transport, export from Austria or import into another country, the customer is responsible for complying with the legal, customs, tax and other regulatory requirements applicable to them.
Where the customer independently takes the goods outside Austria, the customer is responsible for verifying the legal requirements applicable to the import, resale and use of the goods in the respective destination country. This may include, in particular, technical, regulatory, safety, commercial, customs and intellectual property requirements.
Statutory consumer rights, including mandatory provisions concerning warranty, product safety, liability and transfer of risk, are not restricted by this provision.
Business customers shall indemnify the Seller against third-party claims to the extent that such claims arise directly from a culpable breach by the business customer of applicable law or third-party rights in connection with an export, import, resale or use of the goods independently undertaken by that business customer.
4b. Shipping, Default of Acceptance and Additional Costs
(1) Goods are shipped to the delivery address provided by the customer. In the case of consumers, the risk of accidental loss of or accidental damage to the goods generally passes only when the goods are delivered to the consumer or to a third party designated by the consumer who is not the carrier.
This does not apply where the consumer independently commissions a carrier that was not previously offered by the Seller as a shipping option. In such a case, the risk passes when the goods are handed over to that carrier.
(2) If the customer fails to accept a delivery offered in accordance with the contract, or if delivery cannot be completed for reasons attributable to the customer, the customer may be in default of acceptance provided that the customer has been given a reasonable opportunity to receive the shipment or, where the shipment has been deposited for collection, to collect it.
Mere absence during a single unannounced delivery attempt does not in itself constitute default of acceptance.
(3) Where the customer is in default of acceptance, the Seller may charge the customer the actual, necessary and reasonable additional costs directly caused by that default.
Such costs may include, in particular, costs actually charged by the transport provider for an unsuccessful delivery attempt, the return transport of an unaccepted or uncollected shipment to the Seller and, where requested by the customer, the costs of a new shipment.
(4) Only additional costs actually incurred and capable of being demonstrated will be charged. Consumers will not be charged flat-rate handling, administration or restocking fees solely on the basis of default of acceptance. The customer remains entitled to demonstrate that no costs or lower costs were incurred.
(5) Mere refusal to accept or failure to collect a shipment, without an additional unequivocal statement to the Seller indicating the consumer’s decision to withdraw from the contract, does not in itself constitute an exercise of the statutory right of withdrawal.
The statutory withdrawal rights of consumers and the applicable statutory provisions, in particular regarding return costs and reimbursement of payments already made, remain unaffected.
(6) For business customers, unless expressly agreed otherwise, the risk of accidental loss of or accidental damage to the goods passes to the customer when the goods are handed over to the transport provider, freight forwarder or other person or organisation responsible for carrying out the shipment.
5. Retention of Title
The goods remain the property of the Seller until payment has been made in full.
6. Right of Withdrawal for Consumers
6.1 Right of Withdrawal
Consumers have the right to withdraw from the contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day on which the consumer or a third party designated by the consumer, other than the carrier, takes possession of the goods. In the case of multiple goods, partial shipments or separate deliveries, the statutory provisions concerning the commencement of the respective withdrawal period apply.
To exercise the right of withdrawal, the consumer must inform the Seller by means of an unequivocal statement of their decision to withdraw from the contract.
Withdrawal may in particular be declared by email to info@barista.tools, by using the model withdrawal form or through our electronic withdrawal function.
When the electronic withdrawal function is used, the consumer will receive without undue delay an acknowledgement of receipt of the electronic withdrawal declaration on a durable medium, in particular by email.
To meet the withdrawal deadline, it is sufficient for the consumer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
6.2 Effects of Withdrawal
If the contract is validly withdrawn from, the Seller shall reimburse all payments received from the consumer, including the cost of the least expensive standard delivery offered by the Seller, without undue delay and no later than 14 days after receipt of the withdrawal declaration.
Additional costs resulting from the consumer choosing a type of delivery other than the least expensive standard delivery offered by the Seller will not be reimbursed.
Unless expressly agreed otherwise, reimbursement will be made using the same means of payment as used for the original transaction.
In the case of sales contracts, the Seller may withhold reimbursement until the goods have been received back or until the consumer has provided evidence that the goods have been returned, whichever occurs first. This does not apply if the Seller has offered to collect the goods.
6.3 Return of Goods
The goods must be returned without undue delay and no later than 14 days after the withdrawal declaration has been made.
The deadline is met if the goods are dispatched before the 14-day period has expired.
The consumer bears the direct cost of returning the goods, provided that the consumer was properly informed of this before conclusion of the contract and the Seller has not expressly agreed to bear those costs.
The consumer is liable for any diminished value of the goods only where that diminished value results from handling the goods beyond what is necessary to establish their nature, characteristics and functioning.
6.4 Special Shipping Requirements for Goods Containing Lithium-Ion Batteries
When returning goods containing lithium-ion batteries, the applicable statutory and transport regulations as well as the shipping requirements of the chosen transport provider must be observed.
Where a battery is removable and its removal is required or permitted under the transport provider’s rules, it must be secured for shipment against short circuits, unintended movement and mechanical damage.
Damaged, deformed, leaking or swollen lithium-ion batteries must not be sent using a standard parcel service without prior clarification. In such cases, the Seller must be contacted before the goods are returned.
6.5 Exclusions from the Right of Withdrawal
The statutory right of withdrawal does not apply, in particular, to goods:
- made to the consumer’s specifications or clearly personalised to the consumer’s individual needs; or
- supplied sealed and not suitable for return for reasons of health protection or hygiene where the seal has been removed after delivery,
provided that the respective statutory requirements for exclusion of the right of withdrawal are fulfilled.
6.6 No Statutory Right of Withdrawal for Business Customers
The statutory right of withdrawal applies exclusively to consumers. Business customers have no statutory right of withdrawal or return unless expressly agreed otherwise.
6a. Free promotional items when withdrawing from a purchase or returning part of an order
This provision applies to expressly advertised free promotional items that are conditional on a minimum qualifying purchase value, provided that this provision was made available to you before you placed your order and became part of the contract. Orders placed previously remain subject to the terms agreed when the order was placed.
If you withdraw from the entire purchase contract, you must also return any free promotional items that form part of that contract.
If you return part of your order when exercising your right of withdrawal, you may keep the free promotional item if the qualifying goods you retain still meet the minimum purchase value applicable when you placed your order. If the remaining qualifying value falls below that minimum, the free promotional item must also be returned. The calculation is based on the promotional terms applicable when the order was placed and the goods’ values determined under those terms. The regular selling price of the free promotional item is not added to the qualifying value.
Where possible, please return any promotional item that must be returned together with the other returned goods. Failure to return a promotional item does not invalidate a validly exercised right of withdrawal. We will not automatically charge its regular selling price or deduct that price as a flat amount from your refund. Keeping the promotional item in exchange for payment requires a separate, express agreement.
The statutory rules on refunds, return shipping costs and any diminished value remain unaffected. Your statutory rights in respect of faulty or non-conforming goods are not restricted. Sending an item back solely for repair or replacement does not require you to return the free promotional item.
7. Statutory Warranty
For consumers: The applicable statutory warranty provisions apply, in particular the Austrian Consumer Warranty Act (VGG) where applicable.
For business customers: To the extent permitted by law and unless expressly agreed otherwise, the warranty period is 12 months from delivery. The business customer’s statutory duty to inspect the goods and notify defects pursuant to Section 377 of the Austrian Commercial Code (UGB) remains unaffected.
8. Liability
The Seller is fully liable for damage caused intentionally or by gross negligence as well as in cases where liability is mandatory by law, in particular for personal injury and under applicable product liability legislation.
With regard to consumers, the statutory liability provisions otherwise apply. Mandatory consumer rights, including statutory warranty rights, are not restricted by these Terms and Conditions.
With regard to business customers, where legally permissible, the Seller is liable for slight negligence only in the event of a breach of material contractual obligations and only up to the amount of the loss typically foreseeable for this type of contract.
9. Privacy, Shopify and Shopify Network Intelligence
9.1 General Processing of Personal Data
Personal data is processed in connection with our online shop in accordance with the Privacy Policy published on barista.tools.
The Privacy Policy provides information in particular about the personal data processed, the purposes and legal bases of processing, service providers used, international data transfers and the rights of data subjects.
9.2 Shopify as Our E-Commerce Platform
Our online shop is operated through and technically hosted by the e-commerce platform Shopify.
Shopify processes personal data relating to visitors and customers when they visit our shop, use shop functions, access a customer account, proceed through checkout or make a purchase.
Depending on the respective function, Shopify may process personal data on our behalf or, for certain purposes of its own, under its own responsibility as a data controller.
9.3 Shopify Network Intelligence and Enhanced Services
Shopify Network Intelligence is enabled in our shop.
As a result, Shopify may process certain information about visitors’ and customers’ interactions with our shop together with information concerning their interactions with Shopify and other Shopify merchants in order to provide so-called Enhanced Services.
These services may in particular be used to personalise the shopping experience, improve Shopify and shop functionality, support security and fraud prevention, analyse customer interactions and – where legally permissible and subject to the required consent – provide more relevant advertising.
For the purpose of providing these services, information concerning visitors’ and customers’ activities in our shop may be shared with Shopify as well as other service providers or recipients. Such recipients may also be located in countries outside the European Economic Area.
Other Shopify merchants do not thereby obtain direct access to our customer data.
Where consent is required for particular processing activities, the choices made through our cookie and privacy settings are taken into account.
Further information about Shopify, Shopify Network Intelligence, Enhanced Services, international data transfers and the exercise of privacy rights is available in our Privacy Policy and through the Shopify Privacy Portal.
10. Applicable Law and Jurisdiction
For consumers: The applicable law and jurisdiction are determined by the relevant statutory provisions. Mandatory consumer protection provisions of the country in which the consumer has their habitual residence remain unaffected.
For business customers: Austrian law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Jurisdiction for disputes arising out of or in connection with the contractual relationship is determined by the applicable statutory rules unless another jurisdiction has been validly agreed.