Terms of service
1. Scope of Application
These General Terms and Conditions ("GTC") apply to all contracts for the purchase of products via the online shop operated by Cuisine Barista Service GmbH (hereinafter "Cuisine Barista", "we", "us" or "our"). The version of the GTC valid at the time of the order applies to that order. Conflicting or supplementary terms of the customer do not become part of the contract unless we have expressly agreed to them in writing.
2. Contracting Party
Cuisine Barista Service GmbH Eisenhowerstrasse 27 4600 Wels, Austria VAT ID: ATU82991808 E-mail: [email protected]
3. Conclusion of Contract
The presentation of products in our online shop does not constitute a binding offer. It is an invitation for you to place an order.
By completing the order form and clicking the order button, you submit a binding offer to purchase. We will acknowledge receipt of your order by an automated confirmation e-mail. This automated acknowledgement does not constitute acceptance of your offer.
The contract is concluded only upon our explicit acceptance, which we issue either by a separate order-confirmation e-mail or by dispatching the goods, whichever occurs first.
4. Prices and Payment
All prices are stated in Euro and include the statutory Austrian value-added tax (VAT). Shipping costs, where applicable, are shown separately during checkout. The price displayed at the time of order is decisive for the contract.
The full purchase price is due immediately upon conclusion of the contract and is charged using the payment method selected at checkout. For products sold by way of pre-order, full payment is collected at the time of order; see also Section 5a.
We may change prices and product availability at any time; such changes do not affect orders already accepted.
5. Delivery and Shipping
Delivery is made to the address specified by the customer. Delivery times stated in the shop are estimates; binding delivery dates require our written confirmation. Unless otherwise agreed, we will deliver within 30 days of contract conclusion. If we are unable to deliver within this period, you may withdraw from the contract after granting us a reasonable additional period in writing.
For products sold by way of pre-order, the specific delivery terms set out in Section 5a apply in addition to and, where applicable, in deviation from this section.
Shipping costs are indicated during the ordering process and are borne by the customer unless otherwise stated.
For consumers, the risk of accidental loss or deterioration of the goods passes to you only upon physical hand-over of the goods to you or a person nominated by you.
5a. Pre-Order
Certain products in our online shop, including the Barista M3 1926 Limited Edition by Ducati, are sold by way of pre-order. By placing a pre-order, you acknowledge and agree to the following:
a) Pre-order phase. The product is currently available exclusively as a pre-order. We expect the pre-order phase to end at the close of Q4/2026, after which we anticipate offering the product as a regular in-stock order with standard delivery times. Depending on production capacity and remaining inventory of the limited edition, the pre-order phase may extend beyond this date.
b) Expected shipping window. Pre-order shipments are expected to commence in Q4/2026 (October to December 2026), based on current production planning. We will keep you informed by e-mail of the production status and the confirmed shipping date.
c) Full payment at order. The full purchase price is charged immediately upon conclusion of the contract in accordance with Section 4. Your goods will be dispatched within the shipping window described in (b) above.
d) Express agreement to extended delivery period. By placing your pre-order, you expressly agree, as permitted under § 7a (3) FAGG, to a delivery period that exceeds the 30-day default referenced in Section 5.
e) Right to cancel before shipment. Until the goods are dispatched, you may cancel your pre-order in writing at any time, without giving reasons. We will refund all payments received within 14 days of receiving your cancellation, using the same means of payment used for the original transaction.
f) Significant delay. If shipment of your pre-order is delayed by more than 60 days beyond the shipping window most recently confirmed to you in writing, and we have not provided you with prior notice of the delay, you may withdraw from the contract in writing and receive a full refund of all amounts paid, including any shipping costs already collected.
g) Statutory right of withdrawal unaffected. Your 14-day statutory right of withdrawal under Section 7 applies in addition to the cancellation right under (e) and begins only upon physical receipt of the goods.
6. Retention of Title
The delivered goods remain our property until full payment has been received.
7. Right of Withdrawal
Consumers have a 14-day statutory right of withdrawal in accordance with the Austrian Fern- und Auswaertsgeschaefte-Gesetz (FAGG). Detailed information, including the model withdrawal form and the contact address for withdrawal, is set out in our separate "Right of Withdrawal & Returns" document available on our website.
We bear the cost of returning the goods.
8. Statutory Warranty
The statutory warranty rights under Austrian law (§§ 922 ff. ABGB and the Verbrauchergewaehrleistungsgesetz, VGG) apply. For new goods sold to consumers, the warranty period is two years from delivery. Defects should be reported promptly to [email protected] so that we can arrange repair, replacement or, where appropriate, refund.
9. Liability
We are liable without limitation in cases of intent and gross negligence, for damage resulting from injury to life, body or health, under the Austrian Product Liability Act (Produkthaftungsgesetz), for the breach of expressly assumed guarantees, and for the breach of essential contractual obligations.
For ordinary negligence in matters not listed above, our liability towards consumers is limited to damages that were foreseeable and typical for this type of contract at the time of conclusion. Liability for purely indirect or consequential damages is excluded to the extent permitted by mandatory law.
Nothing in this clause restricts any rights you have under mandatory Austrian or EU consumer-protection law.
10. Data Protection
We process personal data in accordance with the General Data Protection Regulation (GDPR / DSGVO) and the Austrian Datenschutzgesetz. Detailed information on the processing of your personal data is set out in our Privacy Policy available on our website.
11. Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), accessible at https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute-settlement proceedings before a consumer arbitration board.
12. Applicable Law and Jurisdiction
These GTC and all contracts concluded under them are governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-laws rules. Mandatory consumer-protection provisions of the country in which the consumer has their habitual residence remain unaffected (Article 6 Rome I Regulation).
For consumers, jurisdiction is determined by Articles 17 to 19 of the Brussels Ia Regulation. Consumers domiciled in the EU may bring proceedings against us either at our seat in Wels, Austria, or at the courts of their place of residence; we may bring proceedings against consumers only at the courts of the consumer’s place of residence.
For business customers (B2B), the exclusive place of jurisdiction is the competent court for our seat in Wels, Austria.
13. Amendments to These GTC
The GTC valid at the time of the customer’s order apply to that order. We may amend these GTC for future orders at any time; the current version is published on our website. For ongoing consumer contracts, amendments are only effective with the consumer’s express consent or in the cases permitted by mandatory law.
14. Severability
Should any provision of these GTC be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid provision that comes closest to the economic intent of the original.
Open Points for Legal Review
Cross-border delivery: confirm whether you ship to non-EU jurisdictions (UK, US, Switzerland). EU consumer rules apply only inside the EU; you may want a region-specific addendum.
B2B sales: if you sell to companies (e.g. Ducati dealers, hotels), consider a separate B2B GTC with stricter liability and jurisdiction terms; current text is consumer-safe by default.
Privacy Policy and Imprint must reference the same Austrian entity (Cuisine Barista Service GmbH) with the same address and VAT ID.
If you accept payment methods that involve specific terms (e.g. Klarna, PayPal), reference them in Section 4.
German mirror version: required for the Austrian-language site. Recommend identical structure for parity.