General business relationships
1 DEFINITIONS AND SCOPE
In the following general terms and conditions, Weinhof Kaiser is referred to as the "supplier" and the purchaser of the goods as the "customer".
These terms and conditions apply to all business relationships that have been concluded between the provider and the customer. The provider does not accept any deviating provisions unless the provider has expressly agreed to their validity in writing.
2 CONCLUSION OF THE CONTRACT OR ORDERING THE GOODS
By submitting the order in the online shop, the customer makes a binding offer aimed at the conclusion of a purchase contract for the goods contained in the shopping cart. By submitting the order, the customer also recognizes these terms and conditions as solely relevant for the legal relationship with the provider.
The contract between the customer and the provider is not concluded until the provider has confirmed it by email or telephone. Only the quantities of goods confirmed are delivered.
The wines can be ordered mixed. The minimum order quantity is 6 bottles.
The provider reserves the right to change the year.
All prices are in euros including sales tax and all other taxes. Transport costs are not included in the price.
Information about the delivery period is non-binding, unless the delivery date has been exceptionally promised. In any case, shipping will only take place after receipt of the purchase price.
The risk passes to the customer as soon as the delivery has left the provider's premises.
Delivery is possible within Austria and Germany.
4 MATURITY AND PAYMENT, DELAY, TRANSFER OF RISK
The customer is obliged to check the goods for possible bottle breakage immediately upon receipt. Such a bottle break must be confirmed by the carrier.
If the buyer picks up the goods for their own benefit and risk, at the latest when the goods are handed over to the buyer.
5 SETTLEMENT, RESERVATION
The customer is only entitled to offset if his counterclaims have been legally established or the provider has given his express consent. In addition, he is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
6 RESERVATION OF OWNERSHIP
Unpaid or not fully paid goods remain the property of the provider until full payment. Goods that have already been paid are also liable within the framework of the claim that the provider has against the customer for goods that have not yet been paid for and that have been delivered by the provider.
7 WARRANTIES AND LIABILITY
Commitments, such as the usability or special properties of the goods, or declarations by the employees of the provider are non-binding and do not constitute an express assurance of certain properties if they are not made in writing (including by fax or email).
Warranty claims require that defects are reported to the provider immediately, recognizable defects immediately upon acceptance, hidden defects after discovery, and with presentation 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.
The provider fulfills his warranty obligations at his choice either by delivery of defect-free goods, improvement, subsequent delivery of shortages or re-execution of the contract (i.e. repayment of the purchase price) within a reasonable period.
Commercial or minor, technically related deviations in quality, quantity, color, size, weight, equipment or design do not constitute defects in warranty or non-fulfillment of the contract.
The provider is not liable for the taste, color, material and pattern match or other conformity characteristics of reordered goods. The same applies to goods ordered according to a sample, provided the deviation is within the customary and technical limits.
After tasting, consumption or started processing or processing the goods, any guarantee is excluded.
The provider is only liable for damage in the event of intent or gross negligence, with the exception of damage to the person.
Liability is limited to 10% of the purchase price within the framework of the statutory provisions. The replacement of (defect) consequential damage, other property damage, financial loss and damage from third party claims against the buyer is excluded.
Points (2), (3), (7) and (9) do not apply to transactions with consumers within the meaning of the Consumer Protection Act.
The customer has been informed of the type, scope, location and purpose of the collection, processing and use of data necessary for the execution of orders. The customer expressly agrees to this collection, processing and use of personal data.
9 APPLICABLE LAW AND JURISDICTION
The place of performance for both the provider and the buyer is 3131 Wetzmannsthal.
The competent court in 3100 St. Pölten is solely responsible for deciding all disputes arising in connection with the contract.
The contract is subject to Austrian law to the exclusion of UN sales law.
10 SEVERABILITY CLAUSE
Should one provision of these general terms and conditions be ineffective, the effectiveness of the remaining provisions will not be affected.