GENERAL TERMS AND CONDITIONS OF WEIN-LEBEN e.U.
- These General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to services as well as to the sale and shipments of goods through WEIN-LEBEN e.U. (hereinafter referred to as “WEIN-LEBEN”) with a registered office and business address in 1190 Vienna, Obkirchergasse 36/1.
- The general terms and conditions can be modified by WEIN-LEBEN at any time and are valid in the current version at the time of the order of the CUSTOMER. All orders are subject to the current GTC at the time of ordering, which can be found on our website under: GENERAL TERMS AND CONDITIONS.
- The terms and conditions apply both to consumers and to entrepreneurs, (hereinafter referred to as “CUSTOMER”), unless a differentiation is made as indicated in the respective section. Differing terms and conditions shall only be valid, if WEIN-LEBEN has explicitly agreed in writing or by e-mail to deviate from these GTC before acceptance of the order.
- For reasons of the legibility this website does not use gender-specific phrasing.
Nevertheless, any information as herein provided refers to members of both genders
- By placing an order, the CUSTOMER agrees to these terms and conditions.
- For the avoidance of doubt in case of any ambiguities the German version of these GTC shall prevail.
II. OFFERS, ORDERS AND CONCLUSION OF CONTRACT
- Basically, German will be the leading contractual and business language, unless otherwise agreed in writing before conclusion of a contract.
- Product ranges of WEIN-LEBEN as herein presented are non-binding in regards to availability of the goods. Prices and text are subject to typographical and printing errors. All illustrations on the website are symbolic photos and shall be protected by copyright (see also section XV COPYRIGHT AND RIGHT OF USE).
- Any reasonable effort is made by us to ensure that the information provided on this website is accurate and complete at the time of presentation.
- We assume no liability for the information provided. Liability claims against us, of whatever nature, caused by the use or non-use of the information provided or by the use of incorrect and incomplete information are explicitly excluded.
- All offers are non-binding. We expressly reserve the right to change, supplement or delete parts of the pages or the entire offering without prior notice, or to temporarily or permanently suspend publication.
- WEIN-LEBEN will accept requests and orders by phone or e-mail from Monday to Thursday: 10:00 am – 4:00 pm and on Fridays: 10:00 am – 1:00 pm. As far as orders are placed out of these regular order times, such orders will only be deemed to have been received at the beginning of the order times on the next working day.
- Orders are deemed to have been accepted by dispatch of an order acknowledgement (confirmation of the contract) or respectively by issuing of an invoice by WEIN-LEBEN. Acceptance of an order is usually done promptly, but within three (3) working days from receipt of the order at the latest. Delivery notification for goods usually takes place by e-mail or at the latest by delivery of the goods.
- WEIN-LEBEN is entitled to refuse an order within five (5) working days from receipt of the order without reason or cause.
- Orders for goods can only be accepted if delivery takes place in Austria or in EU countries within the Schengen area. Such countries are listed under: DELIVERY TIMES & SHIPPING COSTS.
- Sale of goods to consumers shall apply in quantities for household use only, subject to availability of stock and delivery options.
III. PRICES AND SHIPPING COSTS
- All prices for goods and services as herin expressed are gross prices in Euro and shall include all statutory taxes and duties for domestic deliveries. The offered prices, however, do not include any packaging and shipping costs.
- In the case of shipments outside of Austria, in particular outside of the EU – Schengen area, additional duties and / or export charges may incur. Such additional expenses, respectively any import or export duties and any excise duties that may lead to a change in the gross prices as stated on this website. Such duties and / or duties shall be borne by the CUSTOMER up to the respective statutory amount.
- All prices as quoted in e-mails, brochures, price lists, etc. are – unless expressly stated in individual cases – always non-binding. For repeating orders prices are also non-binding
- All costs incurred through shipments shall be borne by the CUSTOMER and can be found on our website under DELIVERY TIMES & SHIPPING COSTS or can be submitted on written request.. Shipping costs are disclosed separately in the order confirmation provided by WEIN-LEBEN via e-mail for orders by mail, telephone or e-mail.
- For standard deliveries within Austria and a gross purchase price of more than EURO 90 (€90) shipping costs shall be taken over by WEIN-LEBEN.
IV. TERMS OF PAYMENT AND RENTENTION OF TITLE
- The purchase price will be due upon conclusion of the contract, or upon delivery of the goods/provision of the services at the latest. This shall also apply to partial deliveries whereas the purchase price for the respective partial quantities delivered must be paid.
- In general payments shall be made net in advance following by receipt of the invoice and by bank transfer to the bank account as specified in the invoice.
- Companies will have the option to place an order on open account. In this case, the entrepreneur receives an invoice together with the delivery. The invoice amount due must be transferred within fourteen (14) days to the account stated in the invoice. Prerequisite for the purchase on open account is the indication of the sales tax identification number when ordering.
- When placing an order for services which cannot be provided within one business day, a down payment of 25% of the purchase price shall be made. Down payments are due within three (3) calendar days.
- WEIN-LEBEN reserves title of ownership of all goods until fulfillment of payment of the purchase price, including ancillary charges.
If the CUSTOMER is in default of any agreed payment or other performance, WEIN-LEBEN may:
a) postpone fulfillment of its own obligations until delayed payments are received or respective services rendered,
b) induce a reasonable extension of the delivery period, as appropriate relating to the default of the CUSTOMER,
c) charge default interest of 5% above the base rate of the Austrian National Bank, at least 10% per year, plus VAT, and
d) in the event of non-observance of a reasonable grace period withdraw from the contract, as well as
e) enforce any claims in court.
V. VOUCHERS, DISCOUNTS AND BONUSES
- Any open invoices for seminars, wine tastings and Specials can also be paid by VOUCHERS, issued from WEIN-LEBEN in full or can be combined with the above-mentioned payment methods.
- Discounts granted or bonuses are conditional upon receipt of full payment. When paying with vouchers, no credit can be issued for any remaining amounts.
VI. TRANSFER OF RISK
- In the event of pickup of the goods by the CUSTOMER, use and risk are transferred to the CUSTOMER with the handover of the goods at the latest. If the CUSTOMER is a consumer as defined in the Consumer Protection Act, use and risk are being transferred to the CUSTOMER upon delivery, when the goods are handed over as soon as the goods have been delivered to them or to a third party (forwarding agent), legitimized by WEIN-LEBEN.
- If the consumer has concluded a contract of carriage by himself without using any delivery options, proposed by WEIN-LEBEN, risk is being transferred to the carrier upon handover of the goods.
- If the CUSTOMER is an entrepreneur in case of delivery risk and use of the goods are being transferred to the CUSTOMER upon delivery of the goods from WEIN-LEBEN to the carrier. Therefore, delivery will take place at risk and expenses of the CUSTOMER. A transport insurance coverage while delivery is only made on explicit instruction of the CUSTOMER and at its expenses.
VII. RETURN POLICY/ WITHDRAWAL OF DELIVERY OF GOODS
(only applicable for consumers acc. to the Austrian Consumer Protection Law: iSd § 1 KSchG)
- The CUSTOMER has the right to withdraw from this contract within fourteen (14) days after receipt of the goods without any given reason. For reimbursement of the full purchase price the following enumeration is a prerequisite:a) The goods must be returned undamaged within fourteen (14) days after receipt of the goods and submission of the invoice.
b) The return takes place at the price valid at the time of the original purchase
c) All payments received from the CUSTOMER, including delivery charges, will be refunded (with the exception of any additional costs arising in case the CUSTOMER has chosen a different delivery method than the most favorable standard delivery offered by WEIN-LEBEN).
d) Unless otherwise expressly agreed for refund of the purchase price, WEIN-LEBEN will use the same means of payment as applied by the CUSTOMER in the original transaction.
e) In no way any additional fees will be charged the CUSTOMER for the repayment.
- To exercise the right of withdrawal, the CUSTOMER must inform us, Wein-Leben e.U., Obkirchergasse 36/1, 1190 Vienna, tel. no: +43 678 126 12 50, Email: office @wein-leben.at by meaning of a clear declaration (e. g. letter sent by mail, fax or e-mail) about the decision to withdraw from this contract. The CUSTOMER may use the model revocation form which can be found on our website under: RETURN POLICY, however, this is not mandatory.
- In order to maintain the cancellation period, it is sufficient enough for the CUSTOMER to send the notification to exercise of the right of withdrawal before the expiry of the withdrawal period.
- WEIN-LEBEN may refuse to repay until we have received the goods or until the CUSTOMER has provided proof that the goods have been returned, whichever is the earlier.
- The CUSTOMER may return or hand over the goods to us immediately or in any event not later than fourteen (14) days from the date on which the CUSTOMER informed us about the cancellation of this contract.
- The deadline will be met if the CUSTOMER dispatches the goods before expiration of the period of fourteen (14) 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 such a loss of value is caused due to unnecessary handling in the course of an examination of the nature, characteristics and functioning of the goods.
VIII. DELIVERY TIMES, OBSTACLES TO DELIVERIES AND WITHDRAWAL FROM THE CONTRACT
- Unless a delivery period has been agreed, deliveries made by WEIN-LEBEN will take place within the periods as stated on our website under: DELIVERY TIMES & SHIPPING COSTS.
- If delivery or adherence to an agreed delivery date is impossible due to circumstances beyond the control of WEIN-LEBEN, such as difficulties in purchasing goods or materials from third parties, traffic disruptions, lockouts and strikes, as well as all cases of force majeure, the obligation shall expire to deliver to the initially agreed delivery period.
- If WEIN-LEBEN cannot offer a new delivery date to the CUSTOMER or if the new delivery date cannot be met for the causes as mentioned in point VIII, paragraph 2 (impossibility of delivery on the agreed date for reasons beyond the control of WEIN-LEBEN) WEIN-LEBEN reserves the right to withdraw from the contract in whole or in part without being liable for damages. Likewise, in such cases, the CUSTOMER may also withdraw from the contract.
- Changes or cancellations of orders by the CUSTOMER shall be made in writing (including post or e-mail). WEIN-LEBEN may reserve the right to accept declarations in another ways, which will only become effective upon written confirmation by WEIN-LEBEN (including post or e-mail).
- For VOUCHERS the above conditions shall apply.
- Warranty is granted in accordance with the statutory regulations by the meaning of law. Commitments, such as the usability or special characteristics of the goods, or declarations made by employees of WEIN-LEBEN are non-binding and do not constitute, neither a specific nor an implied warranty or guarantee, of certain characteristics unless they are made in writing (by post or e-mail).
- Warranty claims assume that any defects are notified to WEIN-LEBEN immediately upon presentation of the goods and a copy of the invoice.
- WEIN-LEBEN guarantees the complete replacement under the following conditions for damages and impairments that may occur during transport:a) Incoming goods must be checked immediately for correctness and completeness
b) Any complaints must be confirmed by the transport company.
c) A complaint of the goods must be immediately communicated to us.
- WEIN-LEBEN fulfills its warranty obligations in the following order stated by replacement or subsequent delivery of the goods, price reduction or repayment of the purchase price.
- Reasons of taste characteristics, commercial or minor, technical deviations of quality, quantity, color, size, weight, equipment or design as well as age-related changes of taste, color and packaging are neither warranty defects nor non-performance of the contract.
- Cork replacement: Cork and wine are natural products. This is why isolated cork-sick bottles are unavoidable. There is no general right to substitute cork-sick bottles. Likewise, any excretions such as depot or tartar are no shortcomings. We herewith expressly point out that complaints of cork-sick bottles can only be replaced after consultation with the winery by us.
Cork sick bottles must be returned to us nearly full and completely closed with the “faulty original cork” within seven (7) days for review.
- After tastings or consumption, which are far beyond tastings in small quantities in order to check for any wine faults, any warranty is excluded.
- For entrepreneurs, the provisions of §§ 377 ff UGB, as amended, shall apply without any restriction. Any defects, if the CUSTOMER is an entrepreneur, must be immediately disclosed to WEIN-LEBEN upon receipt of delivery in writing (also by e-mail).
X. LIABILITY FOR DAMAGES
- WEIN-LEBEN shall be liable for damages in accordance with statutory provisions by the meaning of law. Liability for damages caused by ordinary negligence is excluded. The limitation of liability shall not apply to damages resulting from injury to life, body or health of persons as well as for claims under the Austrian Product Liability Act.
- CUSTOMERS who are an entrepreneur within the meaning of the Austrian Consumer Protection Law carry the burden of proving gross negligence or willful misconduct. For entrepreneurs, the liability for loss of profits and other consequential damages is excluded. The replacement of consequential damages caused through defects, other property damages, financial loss and damages from claims of third parties against the CUSTOMER shall be also excluded for entrepreneurs.
XI. PICK-UP, DELAY IN ACCEPTANCE BY THE CUSTOMER
- Goods ordered or picked at WEIN-LEBEN must be collected within fourteen (14) days of notification or picking. Any longer storage period must be agreed and recorded on the order or invoice.
- If the goods are not picked up or not taken over within this period, WEIN-LEBEN has the right to either store the goods at the risk of the CUSTOMER by charging a storage fee of 5% of the invoice amount per commenced month plus VAT and to insist on fulfillment of the contract , or after setting a grace period of two (2) weeks, withdraw from the contract and resell the goods to another CUSTOMER, either way, the CUSTOMER must pay an immediately due handling fee of 10% of the gross purchase price.
XII. WINE TASTINGS, SEMINARS AND OTHER EVENTS
- WEIN-LEBEN organizes wine tastings, wine seminars and other events, collectively called “EVENTS”, as part of its business operations and upon separate announcement. Registration for the events must be in writing (registration form on our website at: EVENTS/ SEMINARS & WINE TASTINGS or via e-mail to: firstname.lastname@example.org).
- In the event of availability or non-availability of the requested number of seats, a confirmation of registration (= order confirmation) or a cancellation will be sent to the CUSTOMER within three (3) working days of receipt of the written registration. Invoicing will take place no later than fourteen (14) days prior to the EVENT. The fixed reservation of seats is guaranteed only after receipt of the confirmation of registration.
- In the event of non-availability of the requested number of seats, the CUSTOMER can optionally register for priority notice and will be respectively informed in writing if one or more seats are vacant.
- Cancellation by the CUSTOMER is no longer possible than two (2) weeks before the beginning of the EVENT. Already deposited amounts cannot be refunded in consequence. In case of a cancellation of the EVENTS by WEIN-LEBEN, the CUSTOMER has the choice between an alternative date or a refund of the full purchase price.
- CUSTOMER rights of withdrawal or cancellation do not exist for services rendered in connection with leisure activities, if WEIN-LEBEN has contractually provided a specific time or period of time (§ 18 sec. 1 clause 10 FAGG). WEIN-LEBEN offers services in the field of leisure activities. In particular for binding registrations of seminars and wine tastings in the context of EVENTS, there is no right of withdrawal / cancellation.
- VOUCHERS are not valid as a confirmation of registration (order confirmation) and can only be redeemed as such with the registration.
XIII. CONSULTING SERVICES AND ON-SITE SERVICES
- The scope of a specific order of consulting services and on-site services shall be based on individual agreements by submitting of a written offer from WEIN-LEBEN.
- In the event of on-site services, the CUSTOMER shall agree to announce any contact persons as well as to provide the necessary infrastructure to employees of WEIN-LEBEN, which are necessary for the fulfillment of the performance and within the scope of the order by WEIN-LEBEN.
- WEIN-LEBEN agrees to keep all business matters confidential that come to its attention. In particular business- and trade secrets, as well as any information we receive about the nature, scope and business practices of the CUSTOMER.
XIV. DATA PROTECTION
- Personal data will only be collected and processed by Wein-Leben to the extent permitted by law or if users consent to the collection of personal data. In general, it is evident to users when using the respective service which category of personal data is being stored, such as name, e-mail address and living address, when using the contact form.
- The personal data provided for the purpose of ordering goods and the provision of services (such as name, e-mail address, living address) will be used by us to fulfill and process the contract. This information will be kept confidential, encrypted transmitted and will not be disclosed to any third parties who are not involved in the ordering-, delivery- and payment process.
- When contacting WEIN-LEBEN (via contact form or by e-mail), the details of the user are stored for the purpose of processing the request as well as in case of follow-up questions.
- We have taken organizational, contractual and technical security measures to ensure compliance with data protection laws and to prevent accidental or intentional manipulation, loss, destruction or access by unauthorized persons.
- Detailed information on data processing by WEIN-LEBEN and on your rights can be found on our website under PRIVACY.
XV. COPYRIGHT AND RIGHTS OF USE
- All contents as reproduced here such as text, photos, illustrations and layouts are protected by Austrian and international copyright law. All rights, in particular the right of duplication and distribution, as well as translation, are herewith reserved.
- No information published on this website or parts of thereof may be reproduced in any form (by photocopy, microfilm or any other methods) or stored, processed, duplicated or distributed using electronic systems without the written permission of the authors.
- For references, of whatever kind, on other third-party websites (“links”) that are not directly subpages of our information provided in and directly related to this website, we assume no liability for the content of the linked websites.
XVI. PROTECTION OF MINORS
- Wine tastings, delivery and pick-up of wines and spirits may only be granted to persons over the age of eighteen (18). To comply with the statutory provisions, WEIN-LEBEN is entitled to hand over goods only after having been legitimized by an official identification document with photo.
- By placing an order, the CUSTOMER or the recipient of the goods assure according to the current legal provisions to comply with the minimum age of eighteen (18) years.
XVII. ONLINE DISPUTE RESOLUTION
- Any complaints can be directly addressed via Email to: email@example.com.
- Consumers have the chance to make a complaint on the online dispute resolution platform of the EU.
The EU Commission has provided an online platform for online dispute resolution under the following link: europa.eu/consumers/odr.
XVIII. OTHER PROVISIONS
- If individual provisions of the contract or these terms and conditions are declared partially or fully invalid, this shall not prejudice the validity of the remaining contract or the entire GTC. The remaining contents of the contract and the remaining GTC shall remain unaffected.
- Place of performance shall be the business address of WEIN-LEBEN for both WEIN-LEBEN and the CUSTOMER.
- For the resolution of all disputes arising in connection with the contractual relationship, the competent commercial court in Vienna (HG Vienna) has exclusive jurisdiction.
- The contract is subject to Austrian law with exclusion of the UN convention on contract for the international sale of goods (CISG).
- If the CUSTOMER is a consumer within the meaning of the Austrian Consumer Protection Act, all disputes arising out of or in connection with contracts concluded via WEIN-LEBEN shall be settled by the competent court for the domicile or habitual residence of the CUSTOMER. Other places of jurisdiction for consumer claims against WEIN-LEBEN shall remain unaffected.
(valid as of April 09, 2019)