General Terms and Conditions
General Terms and Conditions and Client Information
The following General Terms and Conditions also contain legal information on your rights in accordance to the provisions on contracts in distance sales and electronic commerce).
- Scope
- Offers and Service Descriptions
- Order Process and Contract Conclusion
- Prices and Shipping Costs
- Delivery, Product Availability
- Terms of Payment
- Retention of Title
- Warranty
- Liability
- Right of Withdrawal
- Exclusion of the Right of Withdrawal
- Returns
- Storage of the Contract Text
- Data Protection
- Protection of Minors
- Jurisdiction, Applicable Law, Contract Language, Miscellaneous
1. Scope
1.1. For the commercial relationship between Weingut Weninger GmbH, A - 7312 Horitschon (hereinafter referred to as "the Seller") and the customer (hereinafter referred to as "the Customer"), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.
1.2. You can reach our Customer Services for queries, complaints and objections on weekdays from 08:00 until 12:00 on the telephone number 0043 2610 42165 as well as via e-mail at weingut@weninger.com.
1.3. Consumers for the purposes of these Terms and Conditions are consumers in terms of the Austrian Consumer Protection Act (Konsumentenschutzgesetz - KSchG) and therefore natural or legal persons who are not entrepreneurs.
1.4. Deviating conditions of the Customer are not recognised, unless the Seller has expressly agreed in writing to accept their validity.
2. Offers and Service Descriptions
2.1. The presentation of the products in the online shop does not constitute a legally binding offer but an invitation to submit an order.
Service descriptions in catalogues as well as on the websites of the Seller do not constitute an assurance or a guarantee.
2.2. All offers are valid “as long as stocks last” unless otherwise specified for the products. Moreover, the Seller accepts no liability arising from errors.
3. Order Process and Contract Conclusion
3.1. The Customer is free to choose from the range of the Seller’s products without obligation and collect these using the button [Add to basket] in a so-called basket.
3.2. Subsequently, the Customer may proceed within the basket with the button [proceed to check-out] to conclude the order process.
3.3. With the button [Purchase now], the Customer makes a binding request to purchase the goods in the basket. Before sending the order request, the Customer may alter or view the personal information at any time. The necessary information fields are marked with an asterisk (*).
3.4. The Seller will thereafter send the Customer an automatic confirmation of receipt together with the legally effective included General Terms and Conditions via e-mail, where the Customer’s order will once again be listed, and which the Customer may print using the function “Print” (Order Confirmation). The automatic confirmation of receipt only documents that the Customer’s order has been received by the Seller, and it does not constitute an acceptance of the request. The purchase contract is only concluded when the Seller has shipped or handed over the product to the Customer within 2 days, or when the Seller has sent the Customer a second e-mail within 2 days in order to expressly confirm the order confirmation or the mailing of the invoice.
3.5. Should the Seller allow a reservation on an article on prepayment terms, a contract is only concluded when the banking information and the payment request are provided. If the payment is overdue and if after a repeated request to pay the amount outstanding is not settled within 10 calendar days after the Seller has sent an order confirmation, the Seller will withdraw from the contract, with the effect that the order becomes invalid, and that the Seller is no longer under obligation to deliver the goods. The order is then considered as settled without any further consequences. Therefore, with regard to reservations of articles on prepayment terms, an article can only be reserved for a maximum period of 10 calendar days.
4. Prices and Shipping Costs
4.1. All prices stated on the Seller’s website include the statutory value added tax applicable at the time. The stated prices are current prices which are valid until further notice. Prices are subject to change without notice.
4.2. In addition to the stated prices, the Seller charges shipping costs for delivery. The shipping costs are clearly communicated to the Customer on the Shipping Costs page and during the order process.
5. Delivery, Product Availability
5.1. Should there be no stock available of the ordered product at the time of the order, then the Seller shall inform the Customer of this in the order confirmation. If the product is permanently unavailable, then the Seller shall refrain from issuing a declaration of acceptance. In this case no contract is concluded.
5.2. If the product specified by the Customer in the order is only temporarily unavailable, the Seller shall inform the Customer of this immediately in the order confirmation. If delivery is delayed by more than two weeks, the Customer has the right to withdraw from the contract. In this case, the Seller is also entitled to withdraw from the contract. Should this be the case, the Seller shall immediately reimburse any payments already made by the Customer. If reservation on prepayment terms has been agreed to, delivery shall take place after receipt of the invoiced amount.
5.3. Delivery shall be made to the delivery address specified by the Customer. Any costs caused by the Customer giving an incorrect delivery address shall be borne by the Customer.
5.4. Delivery is carried out by us or by a commissioned forwarder during normal business hours. If the goods are not accepted or collected within the deposit period indicated to the Customer, the Customer shall be obliged to carry the additional expenses incurred as a result.
5.5. In the case of the entrepreneur, the risk of accidental loss or deterioration of the goods shall pass to the Customer upon handover, in case of a sales shipment with the handover of the goods to the forwarder, the carrier or any other person or institution designated to carry out the shipment. The same applies if the Customer is in delay of acceptance.
5.6. In the case of the consumer, the risk of loss or damage of the goods only passes to the consumer once the goods have been delivered to the consumer or to a third party who was designated by the consumer and who is not the carrier. If, however, the consumer concluded the contract of carriage himself or herself without having used one of the choices suggested by the Seller, the risk is transferred to the carrier as soon as the carrier receives the goods.
5.7. If the goods are not taken over by the Customer, the Seller has the right to either store the goods at the risk of the Customer at a storage fee of 5% of the invoiced amount per month or part thereof plus the value added tax and to insist on the fulfilling of the contract, or to withdraw from the contract after setting a grace period of two weeks and resell the goods to a third party, in which case the Customer must immediately pay a handling fee of 10% of the purchase price plus the value added tax.
6. Terms of Payment
6.1. Within the framework of the order process and before the completion of the order process, the Customer may choose from the available methods of payment.
6.2. If payment by invoice is possible, the payment must be made within 14 days of receipt of the goods and the invoice. For all other payment methods, the payment must be made in advance without deduction.
6.3. If third party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions apply with regard to the processing of the payment.
6.4. If the due date of the payment is determined according to the calendar, then the Customer is already in default if he or she has failed to pay by the due date. In this case the Customer must pay the default interest at the statutory rate (for consumers 4% and for entrepreneurs 9.2% over the basic interest rate).
6.5. The obligation of the Customer to pay the default interest does not exclude the Seller’s right to claim further delay damages. The Customer is also obliged to bear all costs and expenses associated with the recovery of the debt, particularly including collection charges or other costs necessary for appropriate legal proceedings.
6.6. The Customer is only entitled to offset if his or her counterclaims have been ascertained as legally binding or if they have been acknowledged by the Seller. The Customer may only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of Title
7.1. The delivered goods remain the property of the Seller until full payment has been made. 7.2. The Customer is obliged to handle the goods with care during the duration of the retention of title.
7.3. The Customer must inform the seller immediately in writing of all third-party access to the goods, in particular of enforcement measures, as well as of any damage to or destruction of the goods.
7.4. The Customer must notify the seller immediately of any change of ownership of the goods and of any change of his or her address. 7.5. The Customer shall reimburse the Seller for all damages and costs incurred by a breach of this obligation and by necessary intervention measures against access by third parties to the goods.
7.6. The entrepreneur is entitled to resell the goods in the ordinary course of business. The entrepreneur hereby assigns to the Seller all claims in the amount of the invoiced amount accruing to him or her from the resale against a third party, and undertakes to make a corresponding note in his books or on his invoices and to inform the Seller immediately in writing of the assignment. The Seller accepts the assignment. After the assignment, the entrepreneur is authorised to collect the claim. The Seller reserves the right to collect the claim himself or herself as soon as the entrepreneur does not properly meet his payment obligations and is in default of payment.
8. Warranty
8.1. Upon receipt of the goods, the goods must be inspected for any defects. In the event of defects, the Seller must be informed immediately.
8.2. According to § 932 ABGB the Customer primarily has the right to improvement or exchange and under certain conditions secondarily the right to rescission or price reduction.
8.3. If the buyer is an entrepreneur, he or she is obliged to immediately inspect the goods delivered to him for defects or completeness. If defects are discovered, they must be reported in writing within a period of one week from receipt of the goods, otherwise the assertion of a warranty claim is excluded. The burden of proof for the existence of the defects and the timeliness of the notice of defects lies with the entrepreneur as the purchaser.
8.4. The warranty period for consumers is 2 years from the date of delivery; the warranty period for entrepreneurs, however, is 1 year.
9. Liability
9.1. The following exclusions and limitations of liability shall apply to the Seller's liability for damages, notwithstanding the other statutory conditions for claims.
9.2. Outside the scope of application of the Product Liability Act, the Seller's liability is limited to intent or gross negligence. Liability for slight negligence, compensation for consequential damage and financial loss, savings not achieved, loss of interest and damage from third-party claims against the Customer are excluded.
9.3. The limitation of liability for slight negligence does not apply to consumers. 9.4. The Seller's liability towards entrepreneurs is limited to 10% of the purchase price.
9.5. The above limitations of liability shall not apply to loss of life, physical injuries to the body or damage to health attributable to the Seller.
9.6. Insofar as the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and agents.
9.7. The Seller is only liable for his or her own content on the website. Insofar as the Seller provides links to other websites, he or she is not responsible for the external content contained therein. The Seller does not adopt the external content as his or her own. If the Seller becomes aware of illegal content on external websites, he or she will immediately block access to these pages.
10. Exclusion of the Right of Withdrawal
- Beginning of the withdrawal instructions for consumers-
Withdrawal by express written declaration
In the case of a long-distance or external transaction, consumers may withdraw from the concluded contract within 14 days after receipt of the goods by sending a written declaration of withdrawal without needing to state reasons. It is sufficient if the notice of withdrawal is sent within this period (the date of the postmark ticket is the deciding factor). In this case, the Customer is demonstrably obliged to return the goods immediately. The return shipping costs (postage) must be borne by the Customer. If the goods have been used and/or damaged, the Customer shall pay the Seller a reasonable fee for their use, including reasonable compensation for the damage incurred, up to a maximum of the value of the goods. The notice of withdrawal must be sent to the following address:
Weingut Weninger GmbH, Florianigasse 11, 7312 Horitschon, Österreich; weingut@weninger.com
Withdrawal by simple return of the goods
The consumer can also exercise his or her right of withdrawal by simply and demonstrably returning the goods to the Seller within 14 days of receipt without written notice of withdrawal. In this case, the demonstrably timely dispatch of the goods is considered sufficient compliance with the deadline. A prerequisite for this form of exercising the right of withdrawal by simply returning the goods is that the goods are not damaged or used and that the return is sufficiently stamped. Only in the case of incorrect or defective delivery shall the Seller bear the return shipping costs (postage).
The risk of the return as well as its proof lies in each case with the Customer. In the case of a withdrawal by the Customer (through express explanation or simple return of the goods), the Seller shall immediately reimburse the purchase price already paid - forwarding expenses shall not be refunded. If the Customer ordered on an open account, a credit note shall be issued on the Customer's account. - End of the withdrawal instructions for consumers-
11. Notes on the Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to the delivery of goods that are manufactured to customer specifications or clearly tailored to personal needs.
12. Returns
12.1. Customers are requested to report the return to the seller before returning the goods (Tel. 0043 2610 42165 or weingut@weninger.com) in order to announce the return. In this way, they enable the Seller to assign the products as quickly as possible.
12.2. Customers are asked to return the goods as a stamped parcel to the Seller and to keep the proof of posting. The Seller will reimburse the Customer the postage costs in advance if requested to do so, unless these are to be borne by the Customer himself or herself.
12.3. Customers are asked to avoid damage to or contamination of the goods. If possible, the goods should be returned to the Seller in their original packaging with all accessories. If the original packaging is no longer in the Customer's possession, other suitable packaging should be used in order to provide adequate protection against transport damage and to avoid any claims for damages due to damage resulting from defective packaging.
12.4. The modalities mentioned in this section (No. 12) of the General Terms and Conditions are not a prerequisite for the effective exercise of withdrawal pursuant to No. 10 of these General Terms and Conditions.
13. Storage of the Contract Text
13.1. The Seller saves the contract text of the order. The General Terms and Conditions are available online. The Customer may print out the contract text before submitting the order to the Seller by using the print function of the browser in the last step of the order.
13.2. In addition, the Seller sends the Customer an order confirmation with all order data to the e-mail address provided by him or her. Furthermore, the Customer receives a copy of the General Terms and Conditions with the order.
14. Data Protection
14.1. The Seller processes personal data of the Customer for specific purposes and in accordance with the statutory provisions.
14.2. The personal data (such as the name, e-mail address, address, payment data) given for the purpose of ordering goods shall be used by the Seller to fulfil and process the contract. These data will be treated as confidential and will not be passed on to third parties who are not involved in the ordering, delivery or payment process.
14.3. The Customer has the right, upon request and free of charge, to obtain information about the personal data stored about him or her by the Seller. In addition, he or she has the right to correct incorrect data, block and delete his or her personal data, as long as there is no legal obligation to retain it.
14.4. Further information on the type, scope, location and purpose of the collection, processing and use of the required personal data by the Seller can be found in the data protection declaration.
15. Protection of Minors
15.1. The Seller's offer of alcoholic beverages is aimed exclusively at persons of legal age. By accepting the General Terms and Conditions of the Seller before each order of alcoholic beverages, the Customer confirms that he or she has reached the age of 18.
15.2. Alcoholic beverages may only be distributed and delivered to persons aged 18 years and older. In order to comply with the statutory provisions, we are entitled to hand over the goods only after the person has been identified by means of an official photo ID. In the event of a justified refusal by us to hand over the goods, the Customer will be obliged to compensate us for the actual damage incurred (e.g. costs of delivery).
16. Jurisdiction, Applicable Law, Contract Language, Miscellaneous
16.1. The place of fulfilment is the registered office of the Seller at 7312 Horitschon, Florianigasse 11. The place of jurisdiction is the competent court for the registered office of the Seller. If the Customer is a consumer, this place of jurisdiction shall only be deemed agreed to if the Customer has his or her place of residence, habitual abode or place of employment in this jurisdiction or if the Customer lives abroad.
16.2. Austrian law applies. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
16.3. The contract language is German.
16.4. Should individual provisions of the contract with the Customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In the case of contracts with entrepreneurs, the wholly or partially ineffective provision shall be replaced by a provision whose economic objective comes as close as possible to that of the ineffective provision.