Shopping Cart
§1 SCOPE OF APPLICATION
The following General Terms and Conditions govern the conditions under which natural and legal persons (hereinafter "Users") can purchase products offered by Nobileaty GmbH (hereinafter "Nobileaty"). Any deviation from these Terms and Conditions shall not be recognized unless expressly agreed to in writing by Nobileaty.
These Terms and Conditions also regulate the use of the Nobileaty shop network and its supplementary online services. These Terms of Use do not apply to producers offering products through Nobileaty; separate contractual provisions apply in such cases.
The offers of the Nobileaty shop network are available to all customers in the EU and EEA under the same conditions.
§2 CONTRACTUAL PARTNER
The owner of the website and the contractual partner for online orders is:
Nobileaty GmbH
Josef-Fritsch-Weg 5/518
1020 Vienna, Austria
Company register number: FN633872
Commercial Court: Commercial Court of Vienna
Phone: +43 664 99253100
E-Mail: office@Nobileaty.com
VAT ID: ATU81105206
Business purpose: Online trade
Managing Directors: Walter Leor Phillips
Special professional regulations can be found in the Federal Legal Information System: www.ris.bka.gv.at
§3 DESCRIPTION OF SERVICES
The use of the Nobileaty Shop network is free of charge for the User. Nobileaty provides its shop network to Users in order to obtain information about the products offered there, to purchase them, to rate them, and to comment on them.
Nobileaty’s services towards Users relate to the presentation of goods from individual producers, the handling of the ordering and payment process, and the organization of the shipping of the products. Nobileaty organizes shipping through a logistics service provider. Product images used to describe goods are sample photos. They do not always accurately represent the item but serve for illustration purposes. Depending on the screen used, in particular, colors and sizes may be displayed differently. The decisive factor is the description of the respective item.
§4 CONCLUSION OF CONTRACT
The presentation of products in the online shop does not constitute a legally binding offer but rather a non-binding online catalog. By clicking the „Order with obligation to pay” button, the user submits a binding order for the items in the shopping cart. Confirmation of receipt of the order, together with acceptance of the order, is sent immediately after dispatch by automated e-mail. With this confirmation email, the purchase contract is concluded.
Nobileaty does not offer products for sale to minors. By clicking the „Order with obligation to pay” button, the user confirms that they have reached the statutory minimum age required to purchase the products (especially alcohol).
The contract is concluded with: Nobileaty GmbH, Josef-Fritsch-Weg 5/518, 1020 Vienna, Austria, UID: ATU81105206, FN633872
The conditions applicable to the purchase of offered products are exclusively those of the General Terms and Conditions valid at the time of order. The purchase contract is stored and can be viewed in the customer account under the order number.
Note: All quantities are limited; available stock may differ from stated availability.
§5 RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you (other than the carrier) took possession of the goods, or in the case of partial deliveries, the last delivery.
To exercise your right of withdrawal, you must inform Nobileaty GmbH, Josef-Fritsch-Weg 5/518, 1020 Vienna, Austria, Phone: +43-664-99253100, E-Mail: office@nobileaty.com, by means of a clear statement (e.g., letter, email, or orally by phone) of your decision to withdraw from the contract.
You may use the attached sample withdrawal form, but this is not mandatory.
If you use the online contact form, we will send you confirmation of receipt of your withdrawal without delay (e.g., by email).
Sample Withdrawal Form:
(If you wish to withdraw from the contract, please complete this form and return it to: Nobileaty GmbH, Josef-Fritsch-Weg 5/518, 1020 Vienna, Austria, Phone: +43-664-99253100, E-Mail: office@nobileaty.com)
"I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ():
— Ordered on () / received on ()
— Name of consumer(s)
— Address of consumer(s)
— Date
() Delete as applicable"
Consequences of withdrawal:
If you withdraw from this contract, we must reimburse you for all payments we have received from you, including delivery costs (except for additional costs arising if you chose a type of delivery other than the least expensive standard delivery offered by us), without delay and no later than fourteen days from the day we received your notification of withdrawal from this contract. We will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us at your own expense without delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You are only liable for any diminished value of the goods if this diminished value results from handling of the goods other than what is necessary to establish their nature, characteristics, and functioning.
End of withdrawal policy
Note: You have no right of withdrawal for contracts concerning goods made to customer specifications or clearly tailored to personal needs, goods that may perish quickly or whose expiration date would quickly be exceeded, as well as goods delivered sealed and unsuitable for return for health protection or hygiene reasons, if the seal was removed after delivery.
§6 PRICES AND SHIPPING COSTS
The prices applicable are those at the time of the order. The prices stated on the product pages include the statutory VAT under Austrian law and other price components. By entering the delivery address, VAT rates will be adjusted to the respective delivery country. Price changes and errors are reserved. In addition to the product price, the User must bear the costs of shipping. Shipping costs depend on the quantity of goods ordered, the shipping method, and the delivery destination and will be clearly communicated during the ordering process before a binding order is placed. For products shipped in deposit bottles, the deposit is shown separately. This will be refunded to the sender upon return of the deposit bottles. The organization and cost of the return must be borne by the customer.
§7 DELIVERY
Delivery is made exclusively within the EU to the delivery address specified in the order. The delivery period may vary by country and can take several working days (no deliveries are made on Saturdays, Sundays, or regional and national Austrian public holidays). The User is responsible for accepting the delivery. If the User is not available at the time of delivery and no alternative delivery is possible, the User bears the sole risk of goods spoiling due to their fault. Refunds for goods spoiled for this reason are excluded. If delivery cannot be completed after two attempts due to the absence of a recipient, the goods will be returned to us. If the customer subsequently requests redelivery, a fee of €19.90 will be charged for return handling, reshipping, and additional processing.
§8 PAYMENT
By clicking the “order with obligation to pay” button, the order becomes binding and must therefore be paid. Payment is made via the chosen payment method at checkout. For credit card payments, your credit card account will be charged upon completion of your order.
Payment Agreement for “B2B Company Invoice”
Payment for the “B2B Company Invoice” method is due within 7 days from the invoice date without deduction. Payment is deemed made only when Nobileaty can dispose of the invoice amount. In the event of late payment, without the need for a reminder and without prejudice to claims for further damages, default interest of 1% per month and incurred costs will be charged. All other outstanding claims become immediately due. The same applies if a payment already due is deferred. Furthermore, in the event of payment default, Nobileaty is entitled to immediately cease further deliveries, without the buyer being entitled to any compensation. For further deliveries, Nobileaty may demand advance payment (cash or non-cash). To secure the buyer’s payment obligations, Nobileaty is entitled to demand a bank guarantee in the corresponding amount before executing delivery.
In the event of default, the contracting party undertakes, even in the case of non-fault-based default, to reimburse Nobileaty for reminder and collection costs incurred, insofar as they are necessary for appropriate legal prosecution and proportionate to the claim. Specifically, the contracting party undertakes to reimburse costs incurred by Nobileaty in the event of engaging a collection agency, provided such costs do not exceed the maximum rates payable to collection agencies under the BMWA regulation. If Nobileaty handles dunning internally, the debtor undertakes to pay a minimum of EUR 5.00 per reminder. Furthermore, any additional damages, particularly those arising from higher interest charges on credit accounts incurred by Nobileaty due to non-payment, must be compensated regardless of fault for late payment. In the event of payment default, Nobileaty is entitled to withhold discounts, bonuses, or other compensations.
Multiple contracting parties (natural and/or legal persons) are jointly and severally liable. The assertion of counterclaims by the customer by offsetting or exercising rights of retention is excluded.
§9 RETENTION OF TITLE
The delivered goods remain the property of Nobileaty until full payment has been made.
§10 WARRANTY
Nobileaty warrants, in accordance with statutory provisions, that the goods are free from defects at the time of delivery. Upon receipt, the delivered goods should be inspected for completeness, accuracy, and other defects, particularly for the integrity of the packaging. If the purchased item is defective, this should be reported to Nobileaty GmbH, if possible, upon delivery or as soon as it becomes visible:
Nobileaty GmbH
Josef-Fritsch-Weg 5/518, 1020 Vienna, Austria
office@nobileaty.com | +43-664-99253100
Failure to fulfill this obligation does not restrict statutory warranty rights of the User. This only serves faster and more effective processing of defect notifications.
Warranty does not apply to damages caused by improper use or handling of the product. This includes, in particular, improper handling (e.g., storing ordered goods at excessively high ambient temperatures, chocolate melted during non-cooled shipping due to high ambient temperatures in the destination country), misuse, or unauthorized repair attempts. Product images on the website and/or in our brochures may differ in color and size from the delivered products due to resolution and scale. The delivered goods are deemed in conformity with the contract if they correspond to the product specifications.
If the reported defects are justified, either an improvement will be made or a replacement delivered free of charge. A reasonable period must be granted for this. If replacement or improvement is not feasible due to excessive effort, delay, or unreasonableness, the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (rescission). Fraud in this matter will be reported under criminal law.
If the User is requested to return the goods to Nobileaty and the goods are indeed defective, Nobileaty will bear the corresponding costs. Otherwise, any costs of the return shipment must be borne by the customer. Defective goods should therefore only be returned at our express request.
§11 CUSTOMER REVIEWS
If the user decides to write a customer review in the Nobileaty Shop, they grant Nobileaty the exclusive right to use the review, unlimited in time and location. Nobileaty is entitled to use the customer review for any purpose, both online and offline. Nobileaty will endeavor to always name the author as the author (unless the author has stated that they wish to remain anonymous), but reserves the right to shorten or omit this information. Nobileaty also reserves the right not to display a review on its websites or to display it only for a limited period of time.
§12 LIABILITY
Nobileaty is liable for damages in accordance with statutory provisions. Liability for damages caused by slight negligence is excluded. This limitation of liability does not apply to damages arising from injury to life, body, or health, nor to claims under the Product Liability Act.
§13 USER OBLIGATIONS
The User must ensure that their access data (username and password) is not made accessible to third parties. In particular, they are prohibited from providing third parties with access data. For their own protection and internet security, Users should change their password regularly. Users must promptly report any changes to their provided data (delivery address, etc.), especially where such changes are necessary for processing pending orders. The User is obliged not to use the Nobileaty Shop network for any purposes other than those described in these GTC.
§14 BLOCKING OF USERS
Nobileaty is entitled to block Users if there is an objectively justified reason. Blocking may occur without prior notice if Nobileaty has a legitimate interest in immediate blocking. Grounds for blocking include, in particular, violation of obligations under this contract or third parties alleging an infringement of rights against Nobileaty. In the event of such allegations, Nobileaty will forward the relevant information to the User. Nobileaty is not obliged to verify the validity of such allegations.
§15 FINAL PROVISIONS
The contract language is English and/or German. For contracts with consumers from an EU member state, the consumer may choose between their local court of residence and the court at the seat of the company. The contracting parties agree, insofar as no mandatory statutory provisions apply otherwise, on the applicability of Austrian law. The UN Sales Convention and all provisions referring to it are expressly excluded. Should any provision of the contract or of the general terms and conditions be invalid or become invalid, or should the contract be incomplete, the validity of the remainder of the contract remains unaffected. The law of the consumer’s home country shall apply if it is more favorable to the consumer.
21 August, 2025