These general terms and conditions apply to the sale and delivery of goods by Katharina Schwarzl with its registered office and business address in 8461 Ehrenhausen, Ottenberg 32a. Unless expressly agreed otherwise, our general terms and conditions made known to the contractual partner shall apply. The contract language is German.
Our offer is subject to change and is only valid while stocks last. Due to the limited quantities of individual goods, there may be a sell-out situation during your online order. In this case, we allow ourselves to offer you alternative products. Our current terms of delivery and payment are exclusively decisive for the delivery. Deviating agreements are only valid if they are confirmed by us in writing.
PRICES AND SHIPPING COSTS
1. The prices offered for the goods are gross prices in euros per item and include all statutory taxes (VAT) and duties. However, the prices offered do not include any shipping costs.
2. Katharina Schwarzl can unilaterally change the stated amounts at any time for future contracts. In the case of writing, printing and calculation errors on the website, Katharina Schwarzl is entitled to withdraw.
3. The prices are based on the costs at the time the price was first quoted. Should the costs change by the time the buyer places an order, Katharina Schwarzl is entitled to adjust the prices accordingly.
4. Deliveries outside of Austria can only be made if there are no legal or disproportionate logistical obstacles to the delivery.
5. All shipping costs are borne by the buyer. The costs of delivery are displayed when ordering in the Internet online shop after correct selection in the shopping cart, and when an order is placed in the order confirmation sent in writing (by e-mail) by Weingut Gross.
6. Katharina Schwarzl will bear the costs of standard delivery within Austria and Germany for goods with a gross price of EUR 150 or more.
7. Our current terms of delivery and payment are exclusively decisive for the delivery. Deviating agreements are only valid if they are confirmed by us in writing.
The ordered goods are paid for by payment slip or credit card.
Katharina Schwarzl guarantees complete replacement for damage and impairments that occur during transport under the following conditions: The incoming goods must be checked immediately for correctness and completeness and reported. Any complaints must be confirmed by the transport company.
RETURN OF GOODS AND RIGHT OF WITHDRAWAL
1. Until further notice, Katharina Schwarzl is willing to take back goods purchased from her for a refund of the full purchase price under the following conditions: The goods must be returned within 14 days of the invoice date in the original packaging, undamaged and with presentation of the original invoice. Refunds will be made at the price applicable at the time of original purchase. The purchase price will be refunded in the form of a credit note.
2. If the buyer is a consumer within the meaning of the Consumer Protection Act and has placed his order via the Internet online shop, he can, in accordance with §§ 11 FAGG, declare his withdrawal from the purchase contract within fourteen days from the day the goods were received by the buyer. The cancellation period begins as soon as the buyer or a third party named by him has accepted the goods. In the case of a purchase contract for several goods, the cancellation period begins as soon as the buyer or a third party named by him has accepted the last partial shipment, the last goods or the last piece. The day of acceptance is not included in the deadline. Saturdays, Sundays and public holidays are included in the calculation of the deadline. The timely dispatch of the declaration of withdrawal or the return of the goods is sufficient to meet the withdrawal deadline.
In order to exercise your right of withdrawal, you must inform Katharina Schwarzl of your decision to withdraw from this contract.
3. Consequences of the revocation: If you revoke this contract, Katharina Schwarzl has to repay payments received from you, including the delivery costs, immediately and at the latest within fourteen days from the day on which Katharina Schwarzl received the notification of your revocation of this contract. Katharina Schwarzl may refuse repayment until Katharina Schwarzl has received the goods or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to Katharina Schwarzl, Ottenberg 32a, 8461 Ehrenhausen without undue delay and in any case no later than fourteen days from the day on which you inform Katharina Schwarzl of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs and the risk of returning the goods. You are 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.
ORDERS, DELIVERY PERIOD, DELIVERY OBSTACLES, WITHDRAWAL FROM THE CONTRACT
1. The customer's order represents an offer. A contract is only concluded after acceptance by Katharina Schwarzl. The customer will be informed of our acceptance by email or telephone. If Katharina Schwarzl is unable to fulfill the customer's order for any reason, the customer will be informed immediately.
2. Katharina Schwarzl accepts orders via the Internet online shop from Monday to Friday from 8 a.m. to 5 p.m. If orders are received outside of the ordering times, they are only deemed to have been received at the beginning of the ordering time on the next working day.
3. When placing the order, the customer must specify an exact place of delivery. The customer is obliged to secure the ordered goods at the specified place of delivery. Katharina Schwarzl sends the customer a written (including email) order confirmation with all relevant order data.
4. Delivery is made via a shipping partner commissioned by Katharina Schwarzl at normal business hours.
5. In the event of non-acceptance of ordered goods, Katharina Schwarzl is entitled to reimbursement for the additional expenses incurred as a result, e.g. frustrated transportation costs to charge. This does not apply if Katharina Schwarzl does not provide her services in accordance with the contract.
6. Orders are accepted subject to delivery options. Katharina Schwarzl 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 Gross is not responsible, the obligation to deliver on the scheduled delivery date expires. Circumstances for which Katharina Schwarzl is not responsible include in particular: Difficulties in obtaining goods or primary materials from third parties, operational disruptions, traffic disruptions, lockouts and strikes as well as all cases of force majeure. In such cases, Katharina Schwarzl will contact the buyer immediately in order to arrange an alternative date for the prevented delivery. If the buyer is offered a new delivery date by Katharina Schwarzl, 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, then there is a timely delivery by Katharina Schwarzl within the meaning of the purchase contract .
7. In the case of divisible services, the buyer has no right of withdrawal with regard to parts that can be delivered, insofar as parts of the service can be performed and can be used by the buyer. Under the same conditions, or if the remaining parts can be delivered in good time, the buyer is not entitled to refuse partial deliveries.
8. If the buyer unjustifiably declares that he does not want to stick to the contract ("cancellation"), and Katharina Schwarzl agrees to this in writing (by e-mail), Katharina Schwarzl is entitled to 15% of the purchase price as flat-rate compensation ("cancellation fee "). In the case of ordered goods, such a contract termination is generally excluded. Deviating from this, the statutory rights of withdrawal without cancellation fee according to §§ 5e - 5h of the Consumer Protection Act remain valid for consumers.
9. Changes or cancellations of orders by the buyer must always be made in writing (by e-mail). Katharina Schwarzl reserves the right to accept declarations in other forms, which then only become effective with written confirmation from Katharina Schwarzl (by e-mail).
10. Unless otherwise agreed, Katharina Schwarzl delivers within 3 to 5 working days after confirmation of the concluded contract.
1. Complaints based on statutory warranty claims can be made to the following address: Katharina Schwarzl, Ottenberg 32a, 8461 Ehrenhausen, phone: +436641225639.
2. Promises, such as the usability or special properties of the goods, or declarations by Katharina Schwarzl's employees are non-binding and do not represent an express assurance of specific properties if they are not made in writing (by e-mail).
3. Warranty claims presuppose that defects (e.g. a broken wine bottle) are reported to Katharina Schwarzl immediately, namely recognizable defects immediately upon acceptance, hidden defects after discovery, and with presentation of the opened goods and the original invoice.
4. A warranty claim is in any case limited to the purchase price of the delivered and defective goods.
5. Katharina Schwarzl fulfills her warranty obligations at her discretion either by delivering goods free of defects, improvement, subsequent delivery of missing quantities or cancellation of the contract (ie repayment of the purchase price) within a reasonable period of time.
6. For transactions with consumers within the meaning of the Austrian Consumer Protection Act, the customer can request improvement, replacement of the item, reasonable price reduction or conversion in the event of a defect at his own discretion and in compliance with the statutory provisions.
7. Reasons for taste, commercial or minor, technically caused deviations in quality, quantity, color, size, weight, equipment or design as well as age-related changes in taste, color and packaging do not constitute warranty defects or non-fulfillment of the contract.
8. Katharina Schwarzl is not liable for a match in terms of taste, colour, material and pattern or other matching features of goods that have been ordered. The same applies to goods ordered based on a sample, provided the deviation is within the customary and technical limits.
LIABILITY FOR DAMAGES
1. Katharina Schwarzl is liable for damages according to the legal regulations. 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 or to claims under the Austrian Product Liability Act.
The sale and delivery of wine and spirits can only be made to persons over 18 years of age. In order to comply with legal regulations, Katharina Schwarzl is entitled to hand over goods only after legitimation by means of an official photo ID. In the event of a justified refusal to hand over the goods, the customer is obliged to compensate for the damage actually incurred (e.g. delivery costs).
By placing the order, the customer assures that he or the recipient of the goods is older than 18 years.
IT PROCESSING AND CUSTOMER DATA
The buyer agrees that the personal data specified in the purchase contract and disclosed during registration will be stored and processed in compliance with the provisions of the Data Protection Act. This data is used to the extent necessary to comply with legal regulations, to process payment transactions, customer care and marketing purposes. Furthermore, the customer agrees to receive mailings from Katharina Schwarzl for advertising purposes. This consent can be revoked at any time by sending an email to Katharina Schwarzl (email@example.com). As part of customer care, Katharina Schwarzl's data will not be passed on to other companies.
1. If individual provisions of the contract or these general terms and conditions are invalid, this does not result in the invalidity of the entire contract or the entire general terms and conditions. The remaining content of the contract and the remaining General Terms and Conditions remain unchanged.
2. The place of performance for both Katharina Schwarzl and the buyer is Katharina Schwarzl's business address.
3. The competent court in Leibnitz has exclusive jurisdiction to decide all disputes arising in connection with the contractual relationship.
4. The contract is subject to Austrian law.
Place of jurisdiction: Leibnitz
Raiffeisenbank Gamlitz eGen
IBAN: AT45 3809 4000 0102 2805
Place of jurisdiction: Leibnitz
Raiffeisenbank Gamlitz eGen
IBAN: AT96 3809 4000 0010 2327