Terms of service

1. General Terms and Conditions (GTC) of Falstaff Verlags-Gesellschaft m.b.H.

This page provides the general subscription and delivery terms of Falstaff Verlag.

1. Scope of the Subscription and Delivery Terms

The following General Terms and Conditions (hereinafter referred to as the “GTC”) apply to all business relationships between the customer and Falstaff Verlags-Gesellschaft m.b.H. (hereinafter referred to as “Falstaff”) arising from the ordering of subscriptions in connection with the Falstaff Magazine as well as various guides (e.g. Restaurant Guide, Bar & Spirits Guide, Wine Guide) and various book publications & merchandise items.
The version of the GTC valid at the time of contract conclusion shall apply.

Deviating, conflicting, or supplementary terms and conditions shall not become part of the contract, even if known, unless Falstaff has expressly agreed to their validity in writing.

Price changes and amendments to these GTC will be communicated to the customer in advance and shall be deemed agreed upon as of the specified effective date if the customer does not object to the announced changes in writing (email or fax is sufficient) within 14 days.

2. Mandatory Information

In accordance with § 5a para. 1 of the Austrian Consumer Protection Act (KSchG) and § 4 para. 1 of the Distance and Off-Premises Contracts Act (FAGG), Falstaff provides the following information to the customer:

  • Essential characteristics of the goods: Subscription to the Falstaff Magazine, published 10 times per year.

  • Guides & books: Once per year.

  • Special issues: Once per year.

  • Contracting party: Falstaff Verlags-Gesellschaft m.b.H., Schottenring 2–6, 1010 Vienna,
    Tel.: +43 1 9042141, Fax: +43 1 9042141 450, Email: abo@falstaff.at

  • Subscription service: Falstaff Verlags-Gesellschaft m.b.H., Subscription Service, Schottenring 2–6, 1010 Vienna,
    Tel.: +43 1 9042141, Fax: +43 1 9042141 450, Email: abo@falstaff.at

  • Total price/costs: The stated prices include all taxes and charges as well as (unless indicated otherwise) delivery costs.

  • Telecommunication costs: Standard rates of the customer (no premium charges).

  • Payment methods: Credit card / SEPA direct debit / payment slip.

  • Delivery terms: Postal or home delivery.

  • Right of withdrawal: See Section 4.

  • Warranty rights: In accordance with §§ 922 ff of the Austrian Civil Code (ABGB); manufacturer warranties may apply to introductory offers.

  • Termination terms: Written notice (email or fax is sufficient) with two months’ notice, see Section 8.

3. Conclusion of Contract

Falstaff invites customers—through telephone order hotlines, subscription order forms, and online order services—to submit an offer to purchase a subscription and/or guide and/or book. This invitation is non-binding and without obligation.

By placing an order, the customer submits a binding offer. For orders placed electronically, Falstaff will confirm receipt of the order without delay. This confirmation does not constitute acceptance of the order.

Falstaff may expressly accept the offer (i.e., the customer’s order) either by sending an order confirmation or by delivering the goods. The contract for the subscription becomes legally effective upon the earlier of these two events — either the sending of the order confirmation or the delivery of the first issue by Falstaff.

Falstaff reserves the right to decline an order or to limit the order to a customary quantity.

4. Right of Withdrawal (Cancellation / Revocation)

If the customer is a consumer within the meaning of the Consumer Protection Act (KSchG), they are legally entitled under § 3 KSchG and § 4 para. 1 item 8 FAGG to withdraw from a contract concluded outside Falstaff’s business premises (order) or to rescind a contract already accepted by Falstaff under the following withdrawal conditions.

Withdrawal period: The withdrawal must be exercised within 14 days after receipt of the first magazine delivery (for details, see the Withdrawal Policy below).

No right of withdrawal applies to contracts concluded on Falstaff’s business premises (or those of its agents or dealers), at trade fair stands where subscription sales are customary, to off-premises contracts (§ 3 item 1 FAGG) with a total payment not exceeding EUR 50.00, to the delivery of individual magazine issues outside of a subscription, or to the digital delivery of publications where Falstaff has begun delivery before the withdrawal period has expired and the consumer has acknowledged and expressly agreed to the loss of the right of withdrawal.

Withdrawal Policy

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 the first magazine is sent.

To exercise your right of withdrawal, you must inform Falstaff Verlags-Gesellschaft m.b.H., Reader Service, Schottenring 2–6, 1010 Vienna,
Tel.: +43 1 9042141, Fax: +43 1 9042141 450, Email: abo@falstaff.at
of your decision to withdraw from this contract by means of a clear statement (e.g., by post or email). To meet the withdrawal deadline, it is sufficient to send your notice before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (except for additional costs arising if you chose a delivery method other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day we receive your withdrawal notice.

We will use the same means of payment as you used for the original transaction, unless expressly agreed otherwise; you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first.

Any goods (e.g., guides or books) received in addition to the magazine must be returned to us without undue delay and no later than fourteen days from the day you notify us of your withdrawal. The deadline is met if you send the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods. You are liable for any diminished value of the goods only if such loss in value results from handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods.

5. Contract Content

Subscription: The contract includes a subscription to ten Falstaff magazines per year. Delivery usually begins with the next available issue following contract conclusion and/or the customer’s offer.

Single orders: The contract covers the one-time purchase of a selected Falstaff product. Delivery typically begins after payment has been received.

The customer is obliged to promptly notify Falstaff of any change of address by phone or in writing (email or fax is sufficient) to ensure proper fulfillment of Falstaff’s contractual obligations.

Within the logistical possibilities specified at the time of contract conclusion, Falstaff delivers magazines and goods by post exclusively to Austrian addresses.

6. Payment Terms

Unless otherwise agreed, the customer must pay the agreed fee annually in advance. For single orders, payment must also be made in advance.

By signing the SEPA Direct Debit Mandate, the customer authorizes Falstaff, until revoked, to collect the agreed payments via SEPA direct debit from the specified account (IBAN). The account holder simultaneously instructs their bank to honor such direct debits.

For credit card payments, Falstaff is authorized, until revoked, to charge the agreed payments when due. The cardholder instructs their card issuer to honor such charges.

If the customer is in material default (§ 13 KSchG) with one or more payments, Falstaff is entitled to suspend magazine deliveries until payment is received (right of retention). The customer’s payment obligation for the ongoing subscription remains valid.

For single orders, delivery will not occur until payment has been made. If payment is overdue by more than one month, Falstaff may withdraw from the contract.

Statutory default interest applies. In case of default, Falstaff may charge up to EUR 15.00 per reminder and/or assign the matter to a collection agency or lawyer, whose appropriate costs are also payable by the customer.

If Falstaff has granted installment or partial payment arrangements, a loss-of-term clause applies, entitling Falstaff to demand immediate payment of all outstanding amounts in the event of default.

7. Retention of Title

Falstaff retains ownership of the delivered goods until full payment has been received.

8. Contract Duration

Subscription: The subscription contract is concluded for an indefinite period. It may be terminated at the end of the initial subscription period (after one year) and thereafter at the end of any subsequent year, with a two-month notice period and written notice (by post, fax, or email). The initial subscription period ends one year after the first day of the month in which the first delivery occurred; for trial subscriptions, it ends at the end of the month in which the last issue was delivered.

Single orders: These constitute a one-time delivery contract that ends with payment by the customer and delivery by Falstaff.

Trial subscription: Includes three issues of the Falstaff Magazine. The trial subscription automatically renews into an annual subscription unless canceled in writing (email is sufficient). The right to prevent renewal exists no earlier than one month after contract conclusion and no later than two weeks before the end of the trial period. Falstaff undertakes to inform the customer in due time—before the start of the cancellation period—about the possibility of cancellation to avoid automatic renewal.

9. Warranty and Liability

Falstaff provides warranty for paid contracts in accordance with §§ 922 ff ABGB. There is no warranty obligation for services provided free of charge.

Liability on the part of Falstaff, its officers, employees, contractors, or other agents (“persons”) is limited to intent or gross negligence; liability for slight negligence is excluded. This exclusion does not apply to personal injury or damage to property accepted for processing by Falstaff. Where liability is excluded or limited, this also applies to the personal liability of those persons.

10. Data Protection

The privacy policy available at www.falstaff.at/agb/datenschutz/ applies correspondingly to the scope defined in Section 1.

11. Final Provisions

For all disputes arising from or relating to this contract, including pre- and post-contractual matters, the exclusive jurisdiction of the competent court in Vienna is agreed (excluding consumers under the KSchG). The place of performance is 1010 Vienna.

Austrian substantive law applies, excluding the UN Convention on Contracts for the International Sale of Goods and conflict-of-law rules.

If any provision of this contract is or becomes invalid or incomplete, the validity of the remaining provisions shall remain unaffected.

Amendments and supplements to this contract must be made in writing. This also applies to any waiver of the written form requirement.

Falstaff Verlags-GmbH, Reader Service
Schottenring 2–6
1010 Vienna, Austria
Tel.: +43 1 9042141
Fax: +43 1 9042141 450
Email: abo@falstaff.com