GENERAL TERMS AND CONDITIONS

These General Terms and Conditions can be accessed, printed out or saved at any time at /en/imprint/terms/.

I. General

1. HENRY – the art of living GmbH (hereinafter referred to as “HENRY”) with the business address Stephansplatz 12, 1010 Vienna, operates an online shop selling food and drinkts at the website “www.enjoyhenry.com”.

II. Scope of application

1. The General Terms and Conditions set forth hereinunder (hereinafter referred to as “GTC”), as applicable at the time of placement of the respective order, shall exclusively apply to the business relations between the online shop operated by HENRY (www.enjoyhenry.com), on the one hand, and the orderer of goods (hereinafter referred to as “Customer”), on the other hand.
   
   
2. Deviating terms and conditions of the Customer shall not apply, unless HENRY agreed to these in writing or by e-mail prior to accepting the order. Agreements deviating from these GTC shall be made in writing to take effect.
   
   
3. Through placing orders, Customer expressly accepts these GTC. All agreements, particularly verbal agreements made with a representative of HENRY, as well as telephone orders are subject to written confirmation.

III. Conclusion of contract

1. The contract language is English.
   
   
2. The offers of HENRY included in the website “www.enjoyhenry.com” at the online shop are nonobligatory and without engagement.
   
   
3. With the order placed at the online shop, Customer makes a binding offer to purchase the goods. Through such order, Customer expressly accepts these GTC. After receipt of the order by HENRY, an e-mail with the order confirmation of the order placed by the Customer is transmitted to the Customer at the e-mail address declared by the Customer. Such order confirmation is considered as acceptance of the offer, whereby the contract between the Customer and HENRY directly becomes effective.

IV. Subject-matter of contract

1. The subject-matter of the contract shall be the goods ordered by the Customer and indicated in the order confirmation at the prices indicated at the online shop on the order date, plus the separately stated delivery and processing fee.
   
   
2. HENRY expressly points out that the photos on the homepage are sample photos and that the actual appearance of the goods may deviate from such photos.

V. Order

1. Orders may be placed round the clock, on weekdays as well as on Saturdays, Sundays and public holidays, with such orders being processed exclusively on weekdays (Monday through Friday). No orders are processed, respectively no dispatches made, on Saturdays, Sundays or public holidays.
   
   
2. Orders must be made no later than by 2 pm on the working day preceding the day when dispatch is made (i.e., by Monday, 2 pm, for dispatch on the following Tuesday; or by Friday, 2 pm, for dispatch on the following Monday).

VI. Order Pick up

1. Upon placing the order, the Customer shall indicate at which store the ordered products will be picked up as well as a pick up-time. A pick up is only possible during the respective store’s opening hours.
   
   
2. The order shall be picked up by the Customer at the store and time as indicated as per point 1 above.
   
   
3. HENRY will make available the ordered goods for pick up at the desired pick-up time for a period of 1 hour (one hour) in the store specified at the time of order. If the pick-up is not completed within one hour from the desired pick-up time, HENRY is not obliged to keep the ordered goods available.

VII. Dispatch

1. Unless agreed otherwise, dispatch is made to the stated Customer address. If no precise shipping address is stated, then the Customer address is deemed the valid shipping address. If the Customer provides incorrect, incomplete or ambiguous information, Customer shall bear all costs thus incurred.
   
   
2. Deliveries shall be made exclusively on weekdays (Monday through Friday), taking into consideration to the highest possible extent the date indicated by the Customer upon placing the order. No dispatch or delivery shall be made on Saturdays, Sundays and public holidays.
   
   
3. The Customer may choose between the following delivery periods:
   09:30 – 10:30 a.m.
   10:30 – 11:30 a.m.
   11:30 a.m. – 12:30 p.m.
   12:30 – 13:30 p.m.
   13:30 – 14:30 p.m.
   14:30 - 15:30 p.m.
   15:30 - 16:30 p.m.
   16:30 - 17:30 p.m.
   17:30 - 18:30 p.m.
    
4. Deliveries are only possible within the Vienna city limits (1st - 23rd district).
   
   
5. For each delivery, a processing and delivery fee in the amount of EUR 9.50 shall be paid.

VIII. Prices and conditions of payment

1. All prices are stated in EURO and are understood to include statutory VAT at the applicable rate (10 % or 20 %); plus the delivery and processing fee.
   
   
2. Payment for goods ordered at one of our Henry Shops shall be made upon pick up. The following means of payment are accepted in the Henry Shops: 

- Credit Card (Visa, Mastercard, Diners Club, AMEX, JCB)
- Bank Card
- Cash

3. In case of ordering via the Henry Online-Shop with the option of pick-up in one of our HENRY shops OR delivery, payment via Credit Card only (Visa, American Express, Mastercard).

IX. Reservation of ownership

1. The delivered goods shall remain in the exclusive and unrestricted poperty of HENRY until the purchase price, including all accompanying charges, has been paid in full.

X. Liability / Warranty

1. Liability on the part of HENRY is limited to such damage as is caused through intent or gross negligence. Mandatory statutory provisions concerning liability remain unaffected.
   
   
2. All products are examined by HENRY prior to dispatch. Information concerning stability and storage of the goods shall be heeded unconditionally. Any warranty, respectively liability, on the part of HENRY shall be excluded in the event that the Customer fails to store appropriately the goods purchased from HENRY, respectively consumes these after the expiration date.
   
   
3. The Customer shall examine the goods for defects immediately upon receipt. Immediate claims assessment by a staff member of HENRY shall be initiated and the damage notified to the staff member immediately and demonstrably (for instance, by means of a respective photograph to be sent by e‑mail); otherwise, claim settlement shall be rejected. Subsequent complaints are not accepted.
   
   
4. Claims for defects that cannot be detected immediately in spite of careful examination shall be asserted immediately after detection; however, no later than within one working day after receipt of the goods; otherwise, the goods shall be deemed approved.
   
   
5. With regard to transactions with consumers within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz – KSchG), respectively the Austrian Distance Selling Act (Fern- und Auswärtsgeschäftegesetz – FAGG), general warranty provisions, particularly those set forth in the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch – ABGB), shall apply.

XI. Right of revocation on the part of consumers

1. Contracts concluded at the online shop constitute distance selling deals within the meaning of the Austrian Distance Selling Act.
   
   
2. Customers who are consumers within the meaning of the Austrian Consumer Protection Act have the right to revoke the contract concluded at the online shop within 14 (fourteen) days without stating any reason.
   
   
3. The revocation period commences as soon as the Customer, or a third party named by the Customer, has accepted the goods. In case of a purchase contract concerning several goods, the revocation period commences as soon as the Customer, or a third party named by the Customer, has accepted the final part shipment, the final good or the final unit. The revocation period is 14 (fourteen) days.
   
   

4. In order to exercise the right of revocation, the Customer must inform 

   HENRY – the art of living GmbH
   Stephansplatz 12
   1010 Wien
   Tel.: +43 (0)1 74 000 2100
   E-Mail: office@enjoyhenry.com

   by means of an unequivocal statement (e.g., letter sent by surface mail or e-mail) of their decision to revoke that contract. In order to comply with the revocation period, it is sufficient that the Customer sends of the notice of exercising the right of revocation before the revocation period expires. 

   In case of revocation, the following form must be filled in and returned to HENRY (Attachment I, Part B, Austrian Distance Selling Act):

   To:
   HENRY – the art of living GmbH
   Stephansplatz 12
   1010 Wien
   Tel.: +43 (0)1 74 000 2100
   E-Mail: office@enjoyhenry.com 

   I/we (*) hereby revoke the contract concluded by me/us (*) concerning purchase of the following goods:

   Ordered on (*) / received on (*): 

   Name of consumer(s): 

   Address of consumer(s): 

   Signature of consumer(s) (only on notification in hard copy):

   Date:

    

   (*) Delete as applicable.
    

5. Consequences of revocation:
   If the Customer revokes the contract, HENRY shall pay back all payments received from the Customer, including delivery costs and other charges, immediately and no later than within 14 (fourteen) days as of the date when HENRY received the notice of revocation of contract. Unless expressly agreed otherwise, HENRY shall use for such repayment the same means of payment as that used by the Customer in the initial transaction; under no circumstance shall the Customer be billed with any charges due to such repayment. HENRY may withhold repayment until it receives the goods or until the Customer has demonstrated that the goods were sent back, whichever is the earlier.

   The cost of returning the goods shall be borne by the Customer.

6. Pursuant to Section 18, Austrian Distance Selling Act, the right of revocation is excluded for distance selling deals concerning goods that are easily perishable or the expiration date of which would be quickly exceeded (i.e., all food and fresh-made juices) and for distance selling deals concerning goods that are delivered sealed and that are not eligible for return for reasons of health protection or hygiene, provided that the seal was removed after delivery. Moreover, pursuant to Section 18, Austrian Distance Selling Act, the right of revocation is excluded for goods that were produced according to customer specifications or are clearly customised according to the personal needs of the Customer or of a third-party named by the Customer.

XII. Closing provisions

1. If individual provisions set forth in the contract or in these GTC are legally invalid, this shall not result in the invalidity of the entire contract or of the entire GTC. The other content of the contract, respectively the other provisions of the GTC, shall remain valid and unaffected. Invalid provisions, if any, are replaced by new provisions that aim for the same economic purpose.
   
   
2. The place of performance is agreed to be the business address of HENRY at 1010, Vienna, Stephansplatz 12.
   
   
3. The court having subject-matter jurisdiction in Vienna is exclusively competent to rule on any disputes that arise in the context of the contractual relationship. If the Customer is a consumer within the meaning of the Austrian Consumer Protection Act, such legal venue shall be deemed agreed only if and when the customer has their place of residence, usual abode or place of employment in this judicial district.
   
   
4. The contract shall be subject to Austrian law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and to the exclusion of the conflict of law rules of international private law. If the Customer is a consumer within the meaning of the Austrian Consumer Protection Act, such choice of law shall apply only to the extent that granted protection by mandatory statutory provisions of the country, in which the consumer maintains their usual abode, is not withdrawn.
   
   
5. The use as well as the reproduction of texts, parts of texts, photo material or data of the website is subject to prior approval of HENRY.
   
   
6. All images used on this website are subject to copy right regulations and are the property of HENRY. Any use of such images is permitted only subject to the prior approval of HENRY.

Status May 2018