General Terms and Conditions
with customer information

1. Scope
2. Offers and description of services
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of merchandise
6. Payment modalities
7. Reservation of title
8. Warranty for material defects, return and guarantee
9. Liability
10. Storage of contract text
11. Place of jurisdiction, applicable law, language of contract

1. Scope

1.1. The business relationship between Gebietsvinothek Weinviertel GmbH Hauptplatz 4-5, 2070 Retz, Austria (hereinafter “Seller”), and the customer (hereinafter “Customer”) is governed exclusively by the following General Terms and Conditions as amended at the time of the order.

1.2. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction which can in the main be assigned to neither their commercial nor their freelance work (Section 13 of the Austrian Civil Code).

1.3. Deviating conditions of the Customer will not be recognised unless the Seller expressly consents to their applicability.

1.4. The sale of all products of the winery will take place in the name and on the account of the winery in question.

2. Offers and description of services

2.1. The representation of products in the online shop does not constitute a legally binding offer but instead an invitation to place an order. Service descriptions in catalogues and on the Seller’s websites do not have the character of warranties or guarantees.

2.2. In the absence of notes to the contrary on the products, all offers are subject to availability “while supplies last”. For the rest, errors are reserved.

3. Order process and conclusion of contract

3.1. The Customer can make a non-binding selection from the Seller’s product range and add this via the button [in den Warenkorb] to a shopping cart. The product selection can be changed, for example deleted, in the shopping cart. The Customer can then proceed via the button [Weiter zur Kasse] to the conclusion of the order process within the shopping cart.

3.2. By activating the button [zahlungspflichtig bestellen] the Customer will be submitting a binding request to purchase the merchandise in the shopping cart. Before sending the order, the Customer can view and change the information at any time and use the browser’s “Back” function to return to the shopping cart or cancel the order process altogether. Required information is indicated with an asterisk (*).

3.3. The Seller will then send the Customer an automatic confirmation of receipt by e-mail, including the Customer’s order details, which the Customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the order has been received by the Seller and does not constitute acceptance of the request. The purchase contract will only come into force once the Seller has shipped or handed over the ordered product to the Customer within 2 days or expressly confirmed acceptance of the order or sent an invoice to the Customer in a second e-mail within 2 days.

3.4. Should the Seller allow payment in advance, the contract will come into force upon provision of the bank details and request for payment. If the due payment has not been received by the Seller within 10 days of despatch of the order confirmation, even after a second payment request, the Seller will cancel the contract, whereupon the order will be void and the Seller will no longer be subject to a delivery obligation. The order will then have been settled without further consequences for either the Seller or the Customer. In the case of payments in advance, the item will therefore be reserved for a maximum of 10 calendar days.

4. Prices and shipping costs

4.1. All prices stated on the Seller’s website include statutory value-added tax at the rate in force at the time.

4.2. The Seller will not charge any shipping costs in addition to the stated prices. The shipping costs will be communicated clearly to the Customer on a separate information page and in the context of the order process.

5. Delivery, availability of merchandise

5.1. Where payment in advance has been agreed, delivery will take place after receipt of the invoice amount.

5.2. Should it prove impossible to deliver the merchandise after three attempts for reasons for which the Customer is responsible, the Seller will be entitled to cancel the contract. Any payments previously made by the Customer will be refunded without undue delay.

5.3. If the ordered product is not available because the Seller, through no fault of its own, has not been supplied with this product by its supplier, the Seller will be entitled to cancel the contract. In this case, the Seller will inform the Customer without undue delay and, where applicable, propose the delivery of a comparable product. If no comparable product is available or the Customer does not wish to receive such a product, the Seller will, where applicable, refund to the Customer without undue delay any considerations already paid.

5.4. Customers will be informed about lead times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the relevant product description.

6. Payment modalities

6.1. The Customer can choose between the available payment methods in the context and before conclusion of the order process. Customers will be informed about available payment methods on a separate information page.

6.2. If payment by invoice is possible, payment must be made within 10 days of receipt of the merchandise and the invoice. With all other payment methods, payment must be made in advance without deductions.

6.3. If third-party providers, e.g. PayPal, are commissioned with payment process management, their general terms and conditions will apply.

6.4. If the due date is determined according to the calendar, the Customer will be in default as soon as the deadline has been missed. In this case, the Customer will have to pay the statutory default interest.

6.5. The Customer’s obligation to pay default interest will not exclude the assertion by the Seller of other claims for damages due to default.

6.6. The Customer will have the right to offset payments only if its counterclaims have been finally established by law or recognised by the Seller. The Customer can exercise a right of retention only if the claims result from the same contractual relationship.

7. Reservation of title

Until such time as payment has been made in full, the merchandise supplied will remain the Seller’s property.

8. Warranty for material defects, return

8.1. A guarantee for the merchandise supplied by the Seller will exist only if it has been expressly offered.

9. Liability

9.1. Without prejudice to the other statutory conditions governing claims, the following exclusions and limitations of liability apply to the Seller’s liability to pay compensation.

9.2. The Seller will be liable without limitation if the cause of the damage is based on intent or gross negligence.

9.3. The Seller will moreover be liable for the breach due to ordinary negligence of cardinal obligations whose breach jeopardises the achievement of the contractual purpose or for the breach of obligations without whose fulfilment the due and proper execution of the contract would be impossible and on whose fulfilment the Customer would ordinarily rely. In this case, the Seller will however be liable only for the foreseeable damage typical of this kind of contract. The Seller will not be liable for the breach due to ordinary negligence of other obligations than those mentioned in the foregoing sentences.

9.4. The foregoing limitations of liability will not apply in the event of injury to life, limb or health, to a defect after the acceptance of a guarantee for Gebietsvinothek Weinviertel GmbH Hauptplatz 4-5, 2070 Retz T. +43 (0)2942 20488 FN 277701i, local court of Korneuburg; VAT ID no. ATU625241474
Quality of the product and in the case of the malicious concealment of defects. Liability pursuant to the Austrian Product Liability Act is unaffected.

9.5. Where the Seller’s liability is excluded or limited, this will apply also to the personal liability of employees, representatives and vicarious agents.

10. Storage of contract text

10.1. The Customer can print out the contract text before placing the order with the Seller by using their browser’s print function in the last step of the order process.

10.2. The Seller will also send the Customer an order confirmation with all the order data to the e-mail address supplied by the latter. Along with the order confirmation, the Customer will also receive a copy of the GTC, instructions on order cancellation and information concerning shipping costs plus delivery and payment conditions. If you have registered in our online shop, you can view the orders you have placed in your profile. We will also store the contract text without making it accessible online.

11. Final provisions

11.1. The place of jurisdiction and fulfilment is the Seller’s registered office if the Customer is a merchant, a legal person under public law or a special fund under public law.

11.2. The language of contract is German.

11.3. The European Commission’s Online Dispute Resolution (ODR) platform for consumers: We are neither willing nor obliged to participate in a dispute resolution procedure offered by a consumer dispute resolution body.

Last revised: 23.04.2018