Weingut Habsburg GmbH
1. SCOPE OF APPLICATION
These general terms and conditions apply to the sale and delivery of goods by Weingut Habsburg GmbH (hereinafter referred to as “Weingut Habsburg”) with its headquarters and business address in 1090 Vienna, Lazarettgasse 37/14.
The general terms and conditions can be changed by Weingut Habsburg at any time and apply in the version current at the time the customer placed the order.
Deviating terms and conditions are not valid, unless Weingut Habsburg has agreed to them in writing or by email before accepting the order.
By placing an order, the customer agrees to these general terms and conditions.
The customer’s order represents a binding offer. The acceptance of the customer’s offer by Weingut Habsburg takes place through the actual delivery of the ordered goods. Weingut Habsburg is entitled to refuse an order without giving reasons.
2. PRICES AND SHIPPING CHARGES
The prices offered for the goods are gross prices in euros and include all statutory taxes and duties for domestic deliveries. However, the prices offered do not include any packaging and shipping costs.
For deliveries outside Austria, additional customs duties and / or charges may apply, including any import or export taxes and any consumption taxes that may lead to a change in the gross prices offered. Such duties and / or charges are to be borne by the buyer in the respective statutory amount. In addition, deliveries outside Austria can only take place if there are no legal or disproportionate logistical obstacles to the delivery.
The prices stated in brochures and price lists are always non-binding, unless something else is expressly stated in individual cases. The prices are also non-binding for reorders.
The prices are based on the costs at the time the price was quoted for the first time. If the costs change by the time the buyer places an order, Weingut Habsburg is entitled to adjust the prices accordingly. The binding prices are displayed in the Internet online shop after correct selection in the shopping cart and, in the case of an order placed by post, telephone or email, are shown in the order confirmation issued by Weingut Habsburg in writing (including by email).
The buyer bears all shipping costs. The costs of delivery are shown in the shopping cart when ordering in the online shop after correct selection, and are shown in the order confirmation sent by Weingut Habsburg in writing (including by email) for an order placed by post, telephone or email.
From a gross price of currently EUR 199 for consumers in Austria and EUR 399 for consumers in Germany and the BeNeLux countries, Weingut Habsburg assumes the costs of standard delivery.
For the remaining states of the Schengen area, the actual delivery costs incurred will be invoiced and their amount will be shown according to point 2.5 after correct selection in the shopping cart and in the order confirmation. For deliveries outside the Schengen area, deliveries are made by a forwarding agent. In this case, an automatic calculation of shipping costs is not possible. The customer can still order if he follows the usual order process. After sending the order, Weingut Habsburg will contact the customer and tell him the delivery costs. The purchase contract is only concluded when the customer has accepted the offer.
Points 2.1 to 2.7 do not apply to auctions in the context of online auctions; in this regard, reference is made to the provisions contained in point 12 of the General Terms and Conditions.
3. PAYMENT AND DEPOSIT
The purchase price is due when the contract is concluded, at the latest when the goods are delivered. This also applies to partial deliveries, for which the purchase price is to be paid for the respective partial quantities delivered.
If delivery with delivery is agreed, this and any transport insurance requested by the buyer (see point 4) will be charged separately. The fee for this is due upon delivery of the goods. If the invoiced price is not paid in full upon delivery, the carrier of the goods is entitled to take them back at the buyer’s expense. Justified complaints do not entitle the buyer to withhold the entire amount, but only an appropriate part of the invoice amount. In the case of transactions with consumers, the latter can refuse to pay in full if Weingut Habsburg has not performed the delivery in accordance with the contract or the performance is endangered by their poor financial circumstances, which the consumer was neither known nor had to be aware of at the time the contract was concluded. If Weingut Habsburg offers adequate security, this right to refuse payment does not apply.
Weingut Habsburg retains ownership of all goods until full payment of the purchase price including ancillary fees.
When placing an order, a deposit of 50% of the purchase price must be made. The deposit must be paid within 14 days.
If the buyer is in default of payment or other performance, Weingut Habsburg can:
postpone the fulfillment of their own obligations until the arrears payments or other services are effected,
claim a reasonable extension of the delivery period corresponding to the delay of the customer,
make the full or outstanding purchase price due immediately (loss of deadline); This also applies to the agreement of an installment payment with the consumer, provided that Weingut Habsburg has already performed its services, at least one backward service by the consumer has been due for at least 6 weeks and Weingut Habsburg provides the consumer with the threat of missing the deadline and setting a grace period of at least 2 weeks has issued an unsuccessful reminder, whereby the immediately due installments are to be reduced taking into account a deduction for the interest corresponding to the remaining term,
Charge default interest of 6% above the base rate of the Austrian National Bank, at least 10% per year, plus sales tax, and
withdraw from the contract if a reasonable grace period is not met, and
request from the buyer the reminder and collection costs incurred, insofar as they are necessary for appropriate legal prosecution and are in reasonable proportion to the claim made, whereby the buyer is obliged to reimburse a maximum of the remuneration of the collection agency involved, which is based on the regulation of the BMWA above the maximum rates of the collection agencies. In addition, any further damage, in particular damage that arises from the fact that, as a result of non-payment, correspondingly higher interest accrues on any credit costs on the part of Weingut Habsburg, is to be compensated regardless of the fault in the delay in payment.
Granted discounts or bonuses are conditional upon receipt of full payment. When paying with vouchers, no credit can be issued for any remaining amounts. The redemption period for vouchers / shopping vouchers etc. is based on the date stated on the vouchers / shopping vouchers etc.
Discounts and discounts do not apply to goods that have already been reduced. Discounts, discounts and special offers are only applicable when purchasing normal household quantities.
4. TRANSFER OF RISK
If the buyer collects the goods himself, use and risk are transferred to the buyer at the latest when the goods are handed over to the buyer.
In the event of delivery, Weingut Habsburg determines the type and route of transport as the buyer’s agent, unless otherwise instructed by the buyer. In the case of delivery, use and risk are transferred to the buyer when the goods are handed over from Weingut Habsburg to the transporter. The delivery takes place at the expense and risk of the buyer. The delivery is covered by transport insurance for a goods value of more than EUR 1,500.00 only if expressly instructed by the buyer and at his expense.
In the event of delivery, Weingut Habsburg determines the type and route of transport as the buyer’s agent, unless otherwise instructed by the buyer. In the event of delivery, use and risk are transferred to the buyer, provided that he is a consumer within the meaning of the Consumer Protection Act, as soon as the goods are delivered to him or to a third party designated by him, other than the carrier. However, if the consumer himself has concluded the contract of carriage without using one of the options suggested by Weingut Habsburg, the risk is transferred to the carrier as soon as the goods are handed over.
5. RETURN OF GOODS AND RIGHT OF WITHDRAWAL
Until further notice, Weingut Habsburg is prepared to take back goods purchased from it against a refund of the full purchase price under the following conditions: The return must be made within 14 days of the invoice date in the original packaging, undamaged and with the original invoice. Marked special offers will only be withdrawn in the total amount purchased. The redemption takes place at the price valid at the time of the original purchase. The purchase price will be reimbursed in the form of a credit note. This expressly excludes ordered goods, remaining items and partial quantities from packaging units, partial quantities from sets.
If the buyer is a consumer within the meaning of the Consumer Protection Act and has placed his order by post, telephone, e-mail or via the online shop, he can according to §§ 11 FAGG and in deviation from point 5.1 within fourteen days from the day of Declare withdrawal from the purchase contract upon receipt of the goods by the buyer. The cancellation period begins as soon as the buyer or a third party named by him has taken over the goods. In the case of a purchase contract for several goods, the withdrawal period begins as soon as the buyer or a third party named by him has taken over the last partial shipment, the last goods or the last piece. The day of takeover is not included in the deadline. Saturdays, Sundays and public holidays are included in the calculation of the deadline. To meet the withdrawal deadline, it is sufficient to send the declaration of withdrawal or return the goods in good time.
In order to exercise your right of withdrawal, you must contact Weingut Habsburg, Lazarettgasse 37/14, 1090 Vienna, Tel .: 01 96 86 549, email: [email protected] by means of a clear declaration ( e.g. a letter sent by post or E-mail) of your decision to withdraw from this contract and provide your account details. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation: If you revoke this contract, Weingut Habsburg has received payments from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by Weingut Habsburg have), to be repaid immediately and at the latest within fourteen days from the day on which the notification of your revocation of this contract was received by Weingut Habsburg. Weingut Habsburg uses the account details you provided for this repayment. Under no circumstances will you be charged any fees for this repayment. Weingut Habsburg can refuse repayment until the goods have been received by Weingut Habsburg or until you have provided evidence that you have sent the goods back, whichever is earlier. You must return or hand over the goods to Weingut Habsburg, Lazarettgasse 37/14, 1090 Vienna, immediately and in any case no later than fourteen days from the day on which you informed Weingut Habsburg about the cancellation of this contract . The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs as well as the risk of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
6. ORDERS, CONTRACT PROVISIONS, DELIVERY PERIOD, DELIVERY OBSTACLES, WITHDRAWAL FROM THE CONTRACT
Weingut Habsburg accepts orders by phone or email (Monday to Friday 9:00 a.m. – 4:30 p.m.) or via the online shop. The order times can be changed from time to time by Weingut Habsburg according to the information in advertising mails or in the online shop. If orders are received outside of the order times, these are only deemed to have been received at the beginning of the order time on the next working day. When placing the order, the customer must state a desired delivery date as well as an alternative date and the exact delivery location. The customer is obliged to ensure proper acceptance of the ordered goods at the specified delivery location on these dates. Weingut Habsburg sends the customer a written (including by email) order confirmation with all relevant order data. Weingut Habsburg GmbH does not save any contractual provisions other than the data entered for the order. The data cannot be called up by the customer, but will be sent to the customer together with the order confirmation.
If the ordered goods are not accepted, Weingut Habsburg is entitled to demand reimbursement of the additional expenses incurred, such as frustrated transport costs. This does not apply if Weingut Habsburg does not provide its services in accordance with the contract.
Orders are accepted subject to delivery options. Weingut Habsburg reserves the right to allocate smaller quantities to the customer if a product is oversubscribed. If delivery or compliance with an agreed delivery period becomes impossible due to circumstances for which Weingut Habsburg is not responsible, the obligation to deliver on the scheduled delivery date expires. The circumstances for which Weingut Habsburg is not responsible include in particular: Difficulties in obtaining the goods or raw materials from third parties, operational disruptions (also with suppliers to Weingut Habsburg), traffic disruptions, lockouts and strikes as well as all cases of force majeure. In such cases, Weingut Habsburg will contact the buyer immediately to arrange an alternative date for the delivery that has been prevented. If the buyer is offered a new delivery date by Weingut Habsburg, which is no later than two weeks after one of the originally agreed delivery dates, and the delivery is also carried out properly on this new date, a timely delivery by Weingut Habsburg is given in the sense of the purchase contract .
If Weingut Habsburg cannot offer the buyer a new delivery date in accordance with point 6.3 or if the new delivery date cannot be met in the cases mentioned in point 6.3 (impossibility of delivery on the agreed date due to circumstances beyond the control of Weingut Habsburg), Weingut Habsburg is entitled to to withdraw from the contract in whole or in part without being liable for damages. In such cases, the buyer can also withdraw from the contract.
In the case of divisible services, the buyer has no right of withdrawal with regard to deliverable parts, insofar as parts of the service can be performed and used by the buyer. The buyer is not entitled to refuse to accept partial deliveries under the same conditions or if the remaining parts can be delivered in good time (in terms of point 6.3).
If the buyer unjustifiably declares that he does not want to adhere to the contract (“cancellation”) and if Weingut Habsburg agrees to this in writing (including by email), Weingut Habsburg is entitled to 15% of the purchase price as flat-rate compensation for goods in stock (“cancellation fee “). Such termination of the contract is fundamentally excluded in the case of goods that have been ordered. Deviating from this, the statutory right of withdrawal without a cancellation fee in accordance with §§ 5e – 5h of the Consumer Protection Act (see also point 5.2) remains valid for consumers.
Changes or cancellations of orders by the buyer must be made in writing (including by email). Weingut Habsburg reserves the right to accept declarations in a different form, which then only become effective with written confirmation by Weingut Habsburg (including by email).
The conditions stated on the Internet also apply to online vouchers.
Promises, such as about the usability or special properties of the goods, or declarations by the employees of Weingut Habsburg are non-binding and do not represent an express assurance of certain properties if they are not made in writing (including by e-mail).
Warranty claims require that defects are reported to Weingut Habsburg immediately, recognizable defects immediately upon acceptance, hidden defects after discovery, and with submission of the opened goods and original invoice.
A warranty claim is in any case limited to the purchase price of the delivered and defective goods.
Weingut Habsburg fulfills its warranty obligations either by delivery of defect-free goods, improvement, subsequent delivery of shortfalls or rescission of the contract (ie repayment of the purchase price) within a reasonable period of time.
For transactions with consumers within the meaning of the Austrian Consumer Protection Act, point 7.1 applies to the seller. to 7.4. that, in the event of a defect, the customer can request improvement, replacement of the item, reasonable price reduction or conversion at his option and in compliance with the statutory provisions.
Reasons for taste, customary or minor, technically conditioned deviations in quality, quantity, color, size, weight, equipment or design as well as age-appropriate changes in taste, color and packaging do not constitute warranty defects or non-fulfillment of the contract.
Weingut Habsburg is not liable for taste, color, material or pattern matching or other matching features of reordered goods. The same applies to goods ordered according to samples, provided that the deviation is within the customary and technical limits.
After tasting, consuming or starting processing or processing the goods, any warranty is excluded.
The warranty period is 2 years from the time of transfer of risk in accordance with Section 4.
Items 7.6 to 7.8 do not apply to transactions with consumers within the meaning of the Consumer Protection Act.
8. LIABILITY FOR DAMAGES
Weingut Habsburg is liable for damage in accordance with the statutory provisions. However, liability for damage caused by slight negligence is excluded. The limitation of liability does not apply to damage resulting from injury to life, limb or health of people and for claims under the Austrian Product Liability Act.
Entrepreneurs have to prove the existence of intent or gross negligence. Liability for loss of profit and other consequential damage to entrepreneurs is excluded. Furthermore, liability towards them is limited to 10% of the purchase price. Compensation for (defect) consequential damage, other property damage, financial loss and damage from third party claims against the customer is also excluded from entrepreneurs.
Item 8.1 does not apply to transactions with consumers within the meaning of the Austrian Consumer Protection Act.
9. COLLECTION, DEFAULT ACCEPTANCE BY THE BUYER
Goods ordered or picked from Weingut Habsburg must be picked up within 14 days of notification or picking. Any longer storage time of up to a maximum of 4 weeks must be agreed and electronically recorded on the order or the invoice.
If the goods are not picked up or taken over within this period, Weingut Habsburg has the right either to store the goods at the risk of the buyer with a storage fee of 5% of the invoice amount per commenced month plus sales tax and to insist on the fulfillment of the contract, or, after setting a grace period of 2 weeks, to withdraw from the contract and to resell the goods to another customer, in which case the buyer has to pay an immediately due manipulation fee of 10% of the purchase price plus sales tax.
10. YOUTH PROTECTION
The dispensing and delivery of wine and spirits can only be made to people over the age of 18. In order to comply with the legal requirements, Weingut Habsburg is entitled to hand over goods only after legitimation by means of an official photo ID. In the case of a justified refusal of handover, the customer is obliged to compensate for the damage actually incurred (e.g. costs of delivery).
By placing the order, the customer assures that he or the recipient of the goods is older than 18 years.
11. OTHER PROVISIONS
The place of performance for both the Habsburg winery and the buyer is the business address of the Habsburg winery. This does not apply to consumer contracts.
The competent court in Vienna has exclusive jurisdiction to resolve all disputes arising in connection with contractual relationships in which no consumer is involved.
The contract is subject to Austrian law to the exclusion of the UN sales law.