Terms & Conditions

GENERAL TERMS AND CONDITIONS OF 5CL e.U. (OWNER: THOMAS BARMÜLLER)

SECTION 1 SCOPE

Services by 5CL e.U. (owner: Thomas Barmüller), hereinafter referred to as 5CL, with respect to the online shop at www.5cl.eu, hereinafter referred to as online shop, is governed solely by the following GTC. Any agreements that deviate from the GTC will only be valid with the prior written consent of 5CL. Any GTC of the customer that deviate from these will likewise only be valid with the prior written consent of 5CL. The GTC of 5CL may be stored or printed out by the customer. They are available at any time and on a permanent basis at www.5cl.eu/AGB and are also sent to the customer together with the order confirmation to the email address provided by the customer. Customers must have a delivery address in Austria.

SECTION 2 CONTRACT PARTNER

Information about 5CL:

5CL e.U. (owner: Thomas Barmüller)
Mariahilfer Straße 1d, 3. Stock, Tür 13 (3rd floor, door 13), A-1060 Vienna
www.5cl.eu
Tel: +43 (664) 394 28 02
Email: office@5cl.eu
VAT identification no.: ATU69230049
Commercial register no.: 436912 v, registered at the Vienna Commercial Court

Our customer service is available from 9 a.m. until 5 p.m. on workdays to handle any queries or complaints.

SECTION 3 OFFERS AND CONCLUSION OF THE CONTRACT

Any information about goods and prices in the online shop is subject to change and non-binding.

5CL does not engage in wholesale trading. Goods are therefore only permitted to be ordered in normal household quantities. 5CL products are made from natural substances and may therefore have variations in colour and structure.

The presentation of products in the online shop does not constitute a legally binding offer. Instead, it serves as an invitation to make an offer. By completing the checkout process (clicking on “place order with payment obligation”), the customer does not legally declare acceptance with respect to the goods in the basket, but instead makes an offer (places an order) that we may, but are not obliged to, accept. Furthermore, by making an offer (ordering), the customer declares that he/she is entitled to purchase and consume whisky (alcoholic drink with at least 40% alcohol content) pursuant to the applicable statutory provisions.

Receipt of the order by 5CL will be confirmed automatically immediately after the order is sent or the order process is completed. The order confirmation will be sent by email to the email address provided by the customer. The order confirmation does not constitute acceptance of the order by 5CL. It merely notifies the customer that the order has been received.

A legally binding contract will only be concluded upon confirmation of delivery, delivery of the goods or acceptance by 5CL, whichever is earlier.

We shall notify the customer if products are unavailable or cannot be produced within a reasonable time period following placement of their order.

SECTION 4 CUSTOMISED PRODUCTION

The goods offered by 5CL are solely produced according to the customer’s specifications and are clearly tailored to the personal requirements of the customer. The customer shall provide the necessary specifications during the order process.

Specifically, book spines are embossed with words and symbols submitted by the customer, which 5CL is responsible for producing, but whose content 5CL does not check.

That constitutes an exception governed by law (Section 18 of the Austrian Act on Distance and Off-Premises Transactions (FAGG)), pursuant to which the customer does not have a right of withdrawal or cancellation.

The customer warrants that the words and symbols that it provides are not in violation of applicable law, the rights of third parties or common decency and morals. The customer shall indemnify and hold 5CL harmless if any claims are made by third parties against 5CL on the grounds of words and symbols submitted by the customer.

SECTION 5 PRICES, DELIVERY COSTS AND DELIVERY

The prices listed on our website at the time of ordering apply. The prices are given in EUR and include the statutory VAT in Austria. The total price therefore consists of the order value of the goods and the statutory VAT.

We only deliver within Austria. We do not charge any fees for delivery within Austria, including collection and return of the special transport case (PELI™ Case). If the customer fails to return the special transport case to us within 21 days through the delivery company, we will charge the customer the cost price of the special transport case (PELI™ Case) in the amount of EUR 350.

SECTION 6 DELIVERY AND PLACE OF PERFORMANCE

The place of performance for performance by 5CL and payment by the customer is the registered office of 5CL.

The production of the goods and shipment of the delivery may take up to 6 (six) weeks. The exact date will be clarified before acceptance of the order and agreed to in writing. Following notification that the goods are ready, 5CL is entitled to wait until receipt of the full purchase price before having the goods shipped.

Goods will only be shipped within the Republic of Austria.

Delivery will be performed by a company contracted by 5CL e.U. to the delivery address provided by the customer. The customer agrees to the aforementioned form of delivery. The customer shall bear any costs associated with having provided an incorrect address. 5CL goods are delivered in highly sturdy and shock-resistant PELI™ Cases, which will be collected within 7 days of delivery by the contracted company.

The delivery time is dependent on the lead times for the service provider specified in the order acceptance.

We endeavour to process all orders carefully and promptly. If delivery delays nevertheless occur, please contact 5CL by using the contact details given in the legal notice on the www.5cl.eu website.

SECTION 7 EXCLUSION OF THE RIGHT OF WITHDRAWAL AND CANCELLATION

The customer does not have a right of cancellation since the goods supplied by 5CL are produced according to the customer’s specifications (see Section 4) and are clearly tailored to the customer’s personal requirements.

SECTION 8 DUE DATE, PAYMENT, DEFAULT INTEREST AND RETENTION OF TITLE

The customer agrees to make an advance payment of 30% of the purchase price upon acceptance of the order, and to pay the remaining amount before shipment of the goods.

If the customer selects payment by credit card, 5CL reserves the right to verify the validity of the credit card.

The goods will remain the property of 5CL until they have been paid for in full.

In the case of payment default by the customer, the customer shall pay default interest to 5CL of 4% per annum.

SECTION 9 WARRANTY

Product images do not necessarily match the appearance of the supplied products. 5CL products are made from natural substances and may therefore have variations in colour and structure.

If the purchased item is defective at the time of handover, the relevant statutory provisions will apply. Any warranty claims will lapse 2 years after handover of the goods.

The warranty will not apply if damage results from incorrect use.

SECTION 10 LIABILITY / COMPENSATION

5CL is only liable to provide compensation in the case of wilful misconduct or gross negligence. In the case of ordinary negligence, 5CL will only be liable for personal injuries.

SECTION 11 DATA PRIVACY; AVAILABILITY AND SENDING OF THE GTC

5CL shall comply with all statutory provisions on data privacy. The personal data provided by the customer, such as name, address and email address, will solely be processed and stored for handling the order and for customer care. 5CL will only disclose the data to relevant service providers (third parties) such as credit card companies, banks and the postal service, for the purpose of fulfilling its contractual duties. With the above exception, the personal data of the customer will not be disclosed to third parties without the customer’s express consent, which may be revoked at any time.

No cookies are placed by 5CL on the customer’s computer via 5CL’s online shop. 5CL does not use tracking programs (such as Google Analytics).

Customers may place orders even without logging in and without creating a customer account.

Data Privacy Statement

SECTION 12 GOVERNING LAW AND JURISDICTION

Austrian law applies, with exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

The relevant court with jurisdiction for 1180 Vienna will have jurisdiction for any disputes arising from this agreement. Pursuant to the Austrian provisions on general jurisdiction, however, 5CL also has the right to bring a lawsuit against the customer at the court with jurisdiction for the customer’s place of residence or habitual abode if the customer is a natural person, and at the customer’s registered office (or in case of doubt, place of administration) if the customer is a legal person. If the customer is a consumer pursuant to the Austrian Consumer Protection Act (KSchG), the relevant court with jurisdiction for the district where the consumer has his/her place of residence, habitual abode or place of employment will have jurisdiction.

If any provisions of these GTC are ineffective, unenforceable or contain any gaps, the validity of the other provisions will be unaffected. Any provision that is ineffective or contains gaps shall be replaced by a provision that corresponds as closely as possible to the original commercial intent of the parties.

 

DATA PRIVACY STATEMENT ISSUED BY 5CL e.U. (OWNER: THOMAS BARMÜLLER)

5CL shall comply with all relevant statutory provisions on data privacy. Personal data provided by the customer, such as name, address and email address, will solely be processed and stored for handling the order and for customer care. 5CL will only disclose the data to relevant service providers (third parties) such as credit card companies, banks and the postal service, for the purpose of fulfilling its contractual duties. With the above exception, the personal data of the customer will not be disclosed to third parties without the customer’s express consent, which may be revoked at any time.
No cookies are placed by 5CL on the customer’s computer via 5CL’s online shop. 5CL does not use tracking programs (such as Google Analytics).
Customers may place orders even without logging in and without creating a customer account.

In addition, we would like to inform you about the following details regarding data protection:
We have created this privacy statement (version 09.01.2019) to explain to you, in accordance with the requirements of the General Data Protection Regulation (EU) 2016/679 and the Data Protection Act (DSG), what information we collect, how we use data and what choices you have as a visitor to this website.

Unfortunately, these explanations sound very technical, but we have tried to describe the most important things as simple and clear as possible.

AUTOMATIC DATA STORAGE

When you visit websites today, certain information is automatically generated and stored, including on this website.

When you visit our website as you are doing now, our web server (computer on which this website is stored) automatically stores data such as

  • the address (URL) of the website accessed
  • Browser and browser version
  • the operating system used
  • the address (URL) of the previously visited page (referrer URL)
  • the host name and IP address of the device from which it is accessed
  • Date and time
  • in files (web server log files).

As a rule, web server log files are stored for two weeks and then automatically deleted. We do not pass on this data, but we cannot rule out the possibility that this data may be viewed in the event of unlawful conduct.

According to Article 6 (1) f DSGVO (lawfulness of processing), the legal basis is that there is a legitimate interest in enabling the error-free operation of this website by recording web server log files.

STORAGE OF PERSONAL DATA

Personal data that you provide to us electronically on this website, such as your name, e-mail address, address or other personal information when submitting a form or comment in the blog, will be used by us together with the time and IP address only for the purpose stated, kept secure and will not be disclosed to third parties.

We therefore use your personal data only for communication with visitors who expressly wish to contact us and for the processing of the services and products offered on this website. We will not disclose your personal information without your consent, but we cannot rule out the possibility that such information may be disclosed in the event of unlawful conduct.

If you send us personal data by e-mail – thus off this website – we cannot guarantee a secure transmission and the protection of your data. We recommend that you never transmit confidential data unencrypted by e-mail.

According to Article 6 paragraph 1 a DSGVO (lawfulness of processing), the legal basis is that you give us your consent to process the data you have entered. You can revoke this consent at any time – an informal e-mail is sufficient, you will find our contact details in the imprint.

RIGHTS ACCORDING TO DATA PROTECTION ORDINANCE

According to the provisions of the DSGVO and the Austrian Data Protection Act (DSG), you have the following rights in principle:

  • Right to report (Article 16 DSGVO)
  • Right to cancellation (“right to be forgotten”) (Article 17 DSGVO)
  • Right to limitation of processing (Article 18 DSGVO)
  • Right to be informed – obligation to notify in connection with the rectification or erasure of personal data or the limitation of processing (Article 19 
DSGVO)
  • Right to data transferability (Article 20 DSGVO)
  • Right of objection (Article 21 DSGVO)

Right not to be subject to a decision based exclusively on automated processing, including profiling (Article 22 DSGVO)
If you believe that the processing of your data violates the data protection law or your data protection claims have otherwise been violated in any way, you can complain to the supervisory authority, which in Austria is the data protection authority, whose website you can find at https://www.dsb.gv.at/ .

TLS ENCRYPTION WITH HTTPS

We use https to transmit data in a tap-proof manner on the Internet (data protection through technology design Article 25 paragraph 1 DSGVO). By using TLS (Transport Layer Security), an encryption protocol for secure data transmission on the Internet, we can ensure the protection of confidential data. You can recognize the use of this data transfer security by the small lock symbol at the top left of the browser and the use of the https scheme (instead of http) as part of our Internet address.

COOKIES

Our website uses HTTP cookies to store user-specific data.

A cookie is a short data package that is exchanged between a web browser and a web server, but is completely meaningless to the web browser and only becomes important for the web application, e.g. an online shop, such as the content of a virtual shopping basket.

There are two types of cookies: first-party cookies are created by our website and third-party cookies are created by other websites (such as Google Analytics).

Exemplary cookie data:

  • Name: _ga
  • Expiry time: 2 years
  • Use: Differentiation of website visitors
  • For example, GA1.2.1326744211.152111092112

There are three categories of cookies: cookies that are essential to ensure the basic functionality of the Website, functional cookies that ensure the performance of the Website, and targeted cookies that improve the user experience.

We use cookies to make our website more user-friendly. Some cookies remain stored on your terminal until you delete them. They enable us to recognize your browser on your next visit.

SEE COOKIE SETTINGS AND DELETE COOKIES

If you would like to know which cookies have been stored in your browser, change cookie settings or delete cookies, you can find this in your browser settings:

  • Safari: Manage cookies and website data with Safari
  • Firefox: Delete cookies to remove data that websites placed on your computer
  • Chrome: Delete, activate and manage cookies in Chrome
  • Internet Explorer: Deleting and managing cookies

If you do not wish data to be stored in cookies, you can set your browser so that it informs you when cookies are set and you only allow this in individual cases. You can delete or deactivate cookies that are already on your computer at any time. The procedure for this varies depending on your browser, it is best to search the manual in Google with the search term “Delete cookies Chrome” or “Deactivate cookies Chrome” in the case of a Chrome browser or exchange the word “Chrome” for the name of your browser, e.g. Edge, Firefox, Safari.

If you do not generally allow us to use cookies, i.e. deactivate them via browser settings, some functions and pages may not function as expected.

 

INSTRUCTIONS ON WITHDRAWAL / CANCELLATION ISSUED BY 5CL e.U. (OWNER: THOMAS BARMÜLLER)

The goods offered by 5CL are solely produced according to the customer’s specifications and are clearly tailored to the personal requirements of the customer. The customer shall provide the necessary specifications during the order process.

Specifically, book spines are embossed with words and symbols submitted by the customer, which 5CL is responsible for producing, but whose content 5CL does not check.

That constitutes an exception governed by law (Section 18 of the Austrian Act on Distance and Off-Premises Transactions (FAGG)), pursuant to which the customer does not have a right of withdrawal or cancellation.

 

Download GTC as PDF
GTC last amended on January 9th 2019.