General Terms and Conditions (GTC) of Esterhazy Wein GmbH
1. scope of application
The goods offered via the website of Esterhazy Wein GmbH, Trausdorf 1, 7061 Trausdorf an der Wulka, firstname.lastname@example.org ("Esterhazy Wein", "we", "us") are exclusively based on these GTC. Supplementary or deviating agreements must be in writing to be legally effective.
By clicking the appropriate box in the course of the order, the customer agrees to these terms and conditions. The contract language is German. The GTC are available to the customer for reproduction and storage before submitting his contractual declaration.
2. offers, conclusion of contract, prices
The presentation of our goods on the website are subject to change and non-binding.
The offer is made by the customer by sending the order of the selected items or services. The customer has the opportunity to check his order before submitting his offer and to correct any errors. The offer of the customer becomes binding by clicking on the button "order with obligation to pay". After submitting the offer, the customer can no longer change the order.
After receipt of his order by us, the customer will receive a separate, automated confirmation of receipt of his order sent by e-mail. Such confirmation of receipt does not constitute acceptance of the offer. The acceptance and thus the purchase contract comes into effect only through express written acceptance by Esterhazy Wein (order confirmation, also by e-mail/fax) or de facto fulfillment by Esterhazy Wein.
We are entitled to reject offers of the customer without giving reasons, especially if the goods are no longer available.
All prices are end consumer prices and therefore include the statutory tax. We shall indicate all additional packaging, freight, delivery, shipping or other costs to the customer prior to the submission of his offer, insofar as these costs can reasonably be calculated in advance. Otherwise, we will indicate the possible incurrence of such additional costs prior to the submission of the offer by the customer.
3. terms of payment
The purchase price is due for payment upon conclusion of the contract. The payment of the goods is only possible by credit card. If the debit is not possible for reasons in the sphere of the customer or if our payment service provider gives negative credit information about the customer, we are free to ask the customer to pay in advance within a reasonable period or to withdraw from the contract for good cause.
In the event of a consumer's culpable default in payment, we shall charge the annual statutory default interest of 4%. If the customer is an entrepreneur, on the other hand, 12% interest on arrears p.a. shall be deemed to have been agreed. In the event of a default for which the customer is responsible, the customer shall also be obliged to reimburse us for the necessary costs of appropriate enforcement and collection measures. With regard to these costs, the rates and tariffs of the Lawyers' Fees Act shall be deemed appropriate.
If the customer is an entrepreneur, he is not entitled to withhold payments or to refuse payments due to claims, even if they are raised on the basis of notices of defects. He is also not entitled to offset any counterclaims, unless Esterhazy Wein is insolvent and they are acknowledged by Esterhazy Wein or have been legally established.
For all damages and impairments that occur during transport, Esterhazy Wein will provide full compensation. If the customer is an entrepreneur, this only applies under the condition that the goods are checked immediately after delivery for completeness and regularity, the complaint is made within 8 days and the transport damage was confirmed in writing by the transport company. This confirmation must be sent with the complaint. This notice of defects does not apply to consumers.
5. Retention of title
Esterhazy Wein retains ownership of all goods until full payment of the purchase price including additional costs and interest.
6. warranty, compensation
Towards customers, the statutory warranty provisions apply in the event of defects in the goods - unless otherwise agreed with companies in the following.
If a wine is defective, send the bottle, the cork and the contents to Esterhazy Wein.
Esterhazy Wein is only liable for damages caused by them, intentionally or due to gross negligence. Liability for slight negligence is excluded. These limitations of liability do not apply in the scope of application of the Product Liability Act, in the case of damages resulting from injury to life, body or health of persons and essential contractual obligations.
In addition, if the customer is an entrepreneur, claims for damages and warranty claims are to be asserted in court within 6 months in the event of any other limitation period. In any case, the statutory provisions shall apply to consumers.
7. right of withdrawal
If the customer is a consumer in the sense of the KSchG, he has the right within fourteen days without giving reasons to revoke this contract. The revocation period is fourteen days from the day on which the customer or a third party named by him, who is not the carrier, has taken possession of the goods.
In order to exercise the right of withdrawal, the Customer must inform us (Esterhazy Wein GmbH, Trausdorf 1, 7061 Trausdorf an der Wulka, email@example.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of his decision to withdraw from this contract. For this purpose, the customer may use the sample revocation form attached below as Annex 1 to the GTC, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that the customer sends the notification of exercise of the right of withdrawal before the expiry of the withdrawal period.
7.1. CONSEQUENCES OF REVOCATION
If the revokes this contract, we shall repay to the customer all payments received from him, including delivery costs (with the exception of self-collection), without undue delay and at the latest within fourteen days from the day on which we received the notification of revocation of this contract. For this repayment, we will use the same means of payment that the customer used in the original transaction, unless expressly agreed otherwise with the customer; in no case will the customer be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until the customer has provided proof that he has returned the goods, whichever is the earlier.
The Customer shall return or hand over the goods to Esterhazy Wein GmbH, Trausdorf 1, 7061 Trausdorf an der Wulka without undue delay and in any case no later than within fourteen days from the day on which he notifies us of the revocation of this contract. The deadline is met if the customer sends the goods before the expiry of the period of fourteen days.
The customer shall bear the direct costs of returning the goods.
The customer must pay for any loss in value of the goods only if it is not due to necessary measures to check the condition, properties and functioning of the goods.
7.2. EXCEPTIONS TO THE RIGHT OF REVOCATION
The customer has no right of withdrawal in the cases listed in § 18 FAGG. In particular, there is no right of withdrawal for goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery.
8. choice of law
Austrian law shall apply exclusively to the exclusion of the conflict-of-law rules. The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. In the case of consumers, this choice of law shall only apply to the extent that mandatory provisions of the law of the state in which he has his habitual residence are not displaced.
The sale of alcoholic beverages is only to persons over 18 years.
Towards entrepreneurs, the following applies: If any provision of these Terms and Conditions violates mandatory law or is invalid for any other reason, the remaining provisions shall nevertheless be deemed agreed. In place of the invalid provision, the customer undertakes to consider as validly agreed that legally permissible provision which, according to its content, comes closest to the originally agreed provision. This provision shall not apply to consumers.
APPENDIX 1: CANCELLATION SAMPLE FORM
Esterhazy Wine Ltd.
7061 Trausdorf an der Wulka
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of paper communication)
(*) Delete where not applicable.