Terms and conditions

Heidi Chocolat AG – Niemetz Schwedenbomben® Onlineshop

Niederlassung Österreich

Office: IZ NÖ-Süd, Straße 2c, Objekt M 52, 2351 Wiener Neudorf

Identification number: ATU 7943648

Commercial register: FN397683

Commercial register court: Handelsgericht Wien

Managing Director: Bernhard Kletzmair



For reasons of easier readability, gender-specific differentiation such as customer is omitted in this text. Corresponding terms apply to both sexes in the sense of equal treatment.

  1. Scope

The following terms and conditions apply to all established contractual relationships between Heidi Chocolat AG – Niemetz Schwedenbomben® and its customers. General terms and conditions of the customer that deviate from the following regulations are expressly rejected. With the order, the customer acknowledges the GTC in the currently valid version as solely decisive for the contractual relationship.

  1. Products

Heidi Chocolat AG – Niemetz Schwedenbomben® offers food products via its online shop.

  1. Conclusion

Before placing an order, the customer must, in addition to his name, address and telephone number, provide his e-mail address, from which he can receive, read, save and print out e-mails from Heidi Chocolat AG - Niemetz Schwedenbomben®, at the designated place in the online shop . By placing an order in the online shop, the customer submits a contract offer. Heidi Chocolat AG - Niemetz Schwedenbomben® will confirm receipt of the order by e-mail, but this confirmation does not constitute acceptance of the contract offer. The contract is only concluded with the delivery or collection of the ordered goods. If an item is not available, Heidi Chocolat AG – Niemetz Schwedenbomben® will select an appropriate replacement item for the customer. When the goods are handed over, the customer decides whether he agrees to the replacement item and has the option of rejecting the item if he does not like it.

  1. Damages

Claims for damages against Heidi Chocolat AG - Niemetz Schwedenbomben® in connection with the use of this website and in connection with legal transactions with Heidi Chocolat AG - Niemetz Schwedenbomben® are excluded, provided that there is no damage to persons or Heidi Chocolat AG - Niemetz Schwedenbomben ® or a person for whom Heidi Chocolat AG - Niemetz Schwedenbomben® is responsible, caused the damage intentionally or through gross negligence. Any further liability is excluded except for claims under the Product Liability Act. All information has been carefully researched, but we cannot absolutely rule out errors or typographical errors.

  1. Delivery

The ordered products will be delivered by DHL Express. All Austrian and German addresses are supplied.

  1. Warranty rights

When the goods are shipped, the risk of loss of or damage to the goods only passes to the consumer when the goods are delivered to the consumer or to a third party designated by the consumer who is different from the carrier. However, if the consumer has concluded the contract of carriage himself without using one of the options suggested by us, the risk passes to the carrier as soon as the goods are handed over. The customer has a statutory warranty right according to §§ 923ff ABGB. The period is two years from the acceptance of the goods. Heidi Chocolat AG - Niemetz Schwedenbomben® guarantees the goods are free of defects at the time of delivery in accordance with the statutory provisions. The statutory deadlines apply to the assertion of warranty claims. If the complaint is justified, it is not possible to return the goods if there are defects. Heidi Chocolat AG - Niemetz Schwedenbomben® is only liable for damage caused by intent and gross negligence. This does not apply to personal injury or consumer transactions. The existence of slight or gross negligence, unless it is a consumer transaction, has to be proven by the injured party. Compensation for (defect) consequential damage, as well as other property damage, financial loss and damage to third parties against the customer, unless it is a consumer transaction, is excluded. Our company, as the operator of the web shop mentioned in the imprint, provides the services with the greatest care, but is not liable for the services provided or obtained from third parties. The guarantee is to be claimed from the guarantor (the manufacturer/sometimes also from the seller if this is the manufacturer) and is carried out according to their regulations. Claiming the guarantee does not restrict the statutory guarantee.

  1. Closing customer accounts

Heidi Chocolat AG – Niemetz Schwedenbomben® reserves the right to close and delete your customer account if you:

  • in repeated cases, refuse deliveries of goods after ordering without reason; or
  • insult, insult, threaten, sexually harass or otherwise behave against the deliverer or driver that is contrary to morality and/or the applicable legal system.
  1. Prices and payment
  2. a)The prices can be found in the current price list or in the webshop for the respective articles. The prices quoted include VAT.
  3. b)When purchasing online, only the payment methods displayed during the ordering process, credit cards and PayPal are accepted..
  4. Cancellation

In the case of contracts concluded away from business premises and distance contracts, the consumer has a right of withdrawal.

  1. Withdrawal

You have the right to revoke this contract within fourteen days without giving reasons.

The cancellation period is fourteen days in the case of a service contract from the day the contract was concluded, in the case of a purchase contract from the day on which you or a third party named by you who is not the carrier took possession of the goods.

To exercise your right of withdrawal, you must tell us:

Heidi Chocolat AG
Niemetz Schwedenbomben®

Niederlassung Österreich
IZ NÖ-Süd, Straße 2c, Objekt M 52,  2351 Wiener Neudorf

Telefon: +43 1 795 45 0
E-Mail: office@schwedenbomben.at

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. Heidi Chocolat AG - Niemetz Schwedenbomben® may refuse to refund until the goods have been returned or the buyer has provided proof that the goods have been returned, whichever is earlier. The buyer must return or hand over the goods to Heidi Chocolat AG - Niemetz Schwedenbomben® immediately and in any event no later than fourteen days from the day on which Heidi Chocolat AG - Niemetz Schwedenbomben® received the cancellation. The deadline is met if the buyer sends the goods before the period of fourteen days has expired. The buyer bears the direct costs of returning the goods. The buyer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

If the buyer has requested that services should begin during the cancellation period, the buyer must pay Heidi Chocolat AG - Niemetz Schwedenbomben® a reasonable amount, which corresponds to the share of the up to the point in time at which the buyer of Heidi Chocolat AG - Niemetz Inform Schwedenbomben® of the exercise of the right of withdrawal with regard to this contract, corresponds to the services already provided in comparison to the total scope of the services provided for in the contract.

  1. Cancellations

We reserve the right to cancel the order in the event of delivery bottlenecks.

  1. Liability / Damages

Unless otherwise specified below, claims for damages by the customer are excluded. If the customer asserts claims against legal representatives and/or vicarious agents of Heidi Chocolat AG - Niemetz Schwedenbomben®, the above disclaimer of liability also applies in favor of them. Excluded from this are claims for damages due to injury to life, limb, health and claims for damages resulting from the violation of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. Also excluded from the exclusion of liability is liability for damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents.

  1. Warranty / Guarantee

The statutory warranty rights exist. A guarantee is not declared by Heidi Chocolat AG – Niemetz Schwedenbomben®.

  1. Further consumer information on distance contracts

The customer can find essential features of the offered goods or services as well as the period of validity of limited offers in the individual product descriptions. Heidi Chocolat AG - Niemetz Schwedenbomben® reserves the right to change the range and the offer prices of the current range at any time. Any input errors when submitting the order can be recognized in the final confirmation before checkout and corrected at any time with the help of the delete and change function before sending the order. Heidi Chocolat AG – Niemetz Schwedenbomben® is not subject to any special codes of conduct. The language available for the conclusion of the contract is exclusively German.

  1. Privacy

Heidi Chocolat AG – Niemetz Schwedenbomben® processes the personal customer data in compliance with the data protection regulations applicable to the contract. The data is collected, processed and used automatically to the extent required for the contractual relationship. The customer allows Heidi Chocolat AG - Niemetz Schwedenbomben® to transmit this data to third parties commissioned with the execution of the contract, insofar as this is necessary so that the concluded contracts can be fulfilled and, in particular, to permanently store all data about the visitor and the visit . More information on data protection.

  1. Prohibition of retrieval and pledging

The assignment or pledging of claims or rights to which the customer is entitled vis-à-vis Heidi Chocolat AG – Niemetz Schwedenbomben without the consent of Heidi Chocolat AG – Niemetz Schwedenbomben®® is excluded, unless the customer proves a legitimate interest in the assignment or pledge. This does not apply if the customer is a consumer.

  1. Place of jurisdiction / choice of law

For all disputes arising from the contractual relationship between the customer and Heidi Chocolat AG – Niemetz Schwedenbomben, the place of jurisdiction is the registered office of Heidi Chocolat AG – Niemetz Schwedenbomben®®, unless the customer is a consumer. The applicable law is that of the Republic of Austria. The mandatory consumer protection regulations of the country in which the customer has his habitual residence are excluded from the choice of law. The UN Convention on Contracts for the International Sale of Goods shall not apply.

  1. Place of performance

If the customer is an entrepreneur, the place of performance for all disputes arising from this contract for both contracting parties is Wr.Neudorf / Austria.

  1. Note on out-of-court online dispute resolution (so-called OS platform)

The online platform of the EU Commission, which serves as a contact point for the out-of-court online settlement of disputes concerning obligations arising from contracts concluded online, can be accessed via the following link: http://ec.europa.eu/consumers/odr

Our E-Mail-address: office@schwedenbomben.at

Note according to § 36 Consumer Dispute Resolution Act (VSBG)

Heidi Chocolat AG – Niemetz Schwedenbomben® is not legally obliged and also not willing to participate in a dispute resolution procedure before a consumer arbitration board.

date: march 2023