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GENERAL TERMS AND CONDITIONS (AGB)

BIOWINE EXPERTE.

 

Online dispute resolution

The EU Commission has provided an online platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr/

 

 

 1. SCOPE OF APPLICATION

 

These General Terms and Conditions apply to the sale, auction and delivery of goods by BIOWEIN-EXPERTE with its registered office and business address in Salvatore Damin, 1100 Vienna, Eisenstadtplatz 2/9.

BIOWEIN-EXPERTE may amend these General Terms and Conditions at any time and they shall apply in the version valid at the time of the Customer's order.

Deviating terms and conditions shall not be valid unless BIOWEIN-EXPERTE has agreed to them in writing or by e-mail before accepting the order.

 

By placing an order, the Customer agrees to these General Terms and Conditions.

 

The customer's order constitutes a binding offer. The acceptance of the customer's offer by BIOWEIN-EXPERTE shall be effected by actual delivery of the ordered goods. BIOWEIN-EXPERTE is entitled to refuse an order without giving reasons.

 

2. PRICES AND SHIPPING COSTS

The prices offered for the goods are gross prices in euros and include all statutory taxes and duties for domestic deliveries. However, the prices offered do not include any packaging and shipping costs.

Deliveries outside Austria may be subject to additional customs duties and/or charges, including any import or export duties and any excise duties, which may lead to a change in the gross prices offered. Such customs duties and/or levies shall be borne by the purchaser to the respective statutory amount. Furthermore, deliveries outside Austria can only be made if there are no legal or disproportionate logistical obstacles to the delivery.

The prices stated in catalogues, brochures, price lists etc. are always non-binding, unless expressly stated otherwise in individual cases. Prices are also non-binding for repeat orders.

The prices are based on the costs at the time of the first quotation. Should the costs change up to the time of the placing of an order by the purchaser, BIOWEIN-EXPERTE is entitled to adjust the prices accordingly. The binding prices shall be displayed in the Internet online shop after correct selection in the shopping basket and, in the case of an order placed by post, telephone, fax or e-mail, shall be shown in the order confirmation issued by BIOWEIN-EXPERTE in writing (including by fax or e-mail).

 

 

 All costs arising from the dispatch shall be borne by the purchaser. The costs of delivery shall be displayed in the shopping basket after correct selection when placing an order in the Internet online shop and, in the case of an order placed by post, telephone, fax or e-mail, shall be shown in the order confirmation issued by BIOWEIN-EXPERTE in writing (including by fax or e-mail).

For the remaining countries of the Schengen area, the actual delivery costs incurred will be invoiced and their amount will be shown in accordance with point 2.5 after correct selection in the shopping basket and in the order confirmation. For deliveries outside the Schengen area, deliveries are made by forwarding agent. An automatic calculation of shipping costs is not possible in this case. The customer can nevertheless order if he follows the usual ordering procedure. After sending the order BIOWEIN-EXPERTE will contact the customer and inform him about the delivery costs. The purchase contract shall only come into effect once the customer has accepted the offer.

 

Points 2.1 to 2.7 do not apply to auctions within the scope of online auctions; in this regard, reference is made to the provisions contained in Point 12 of the General Terms and Conditions.

If your order includes goods whose sale is subject to age restrictions, we will ensure through the deliverer that the orderer has reached the required minimum age. The deliverer delivers the goods only after the age check and only to the customer personally.

 

3. PAYMENTS AND PREPAYMENTS

The purchase price is due upon conclusion of the contract, at the latest upon delivery of the goods. This shall also apply to partial deliveries where the purchase price for the respective partial quantities delivered is to be paid.

If delivery with delivery has been agreed, this and any transport insurance requested by the buyer (see point 4) shall be charged separately. The payment for this shall be due upon delivery of the goods. If the invoiced price is not paid in full upon delivery, the bearer of the goods is entitled to take them back at the expense of the buyer. Justified complaints do not entitle the buyer to withhold the entire invoice amount, but only a reasonable part. In the case of transactions with consumers, the latter may refuse payment in full if BIOWEIN-EXPERTE has not delivered the goods in accordance with the contract or if the delivery is jeopardised by the poor financial circumstances of the consumer, which were neither known nor should have been known to the consumer at the time the contract was concluded. If BIOWEIN-EXPERTE offers reasonable security, this right to refuse payment shall lapse.

BIOWEIN-EXPERTE reserves title to all goods until full payment of the purchase price including ancillary charges.

If the Buyer is in default of payment or other performance, BIOWEIN-EXPERTE: to postpone the fulfilment of its own obligations until the outstanding payments or other services have been effected, claim a reasonable extension of the delivery period corresponding to the default of the customer, (loss of date); this shall also apply in the event of an agreement with the consumer on payment by instalments, provided that BIOWEIN-EXPERTE has already rendered its services, at least one outstanding service of the consumer has been due for at least 6 weeks and BIOWEIN-EXPERTE has unsuccessfully dunned the consumer under threat of loss of date and setting a grace period of at least 2 weeks, whereby the instalments due immediately shall be reduced taking into account a deduction for the interest corresponding to the remaining term, interest on arrears of 6% above the basic interest rate of the Oesterreichische Nationalbank, at least 10% per year, plus VAT, and withdraw from the contract in the event of non-compliance with a reasonable grace period, and request the purchaser to pay the reminder and collection charges incurred, insofar as they are necessary for the appropriate prosecution and are in reasonable proportion to the claim being pursued, whereby the purchaser is obliged to reimburse at most the remuneration of the collection agency involved, which results from the BMWA's VO (German Federal Ministry of Economics and Labour) on the maximum rates of the collection agencies. In addition, any further damage, in particular also the damage caused by BIOWEIN-EXPERTE's failure to pay correspondingly higher interest on any credit costs, shall be reimbursed irrespective of the default in payment.

 

 

4. RETURN OF THE GOODS AND RIGHT OF RESCISSION

BIOWEIN-EXPERTE is ready until revocation to take back purchased goods against reimbursement of the full purchase price under the following conditions: The goods must be returned within 14 days of the invoice date in their original packaging, undamaged and accompanied by the original invoice. Marked promotional offers will only be taken back in the total quantity purchased. The return takes place at the price valid at the time of the original purchase. The purchase price shall be refunded in the form of a credit note. This expressly excludes ordered goods, exhibition items, lost property items, residual items and partial quantities from packaging units, partial quantities from sets and goods from auctions.

If the purchaser is a consumer within the meaning of the Consumer Protection Act and if he has placed his order by post, telephone, fax, e-mail or via the Internet online shop, he can declare his withdrawal from the purchase contract in accordance with §§ 11 FAGG and in deviation from point 4.1 within fourteen days from the date of receipt of the goods by the purchaser. The revocation period begins as soon as the buyer or a third party named by him has taken over the goods. In the case of a purchase contract for several goods, the revocation period begins as soon as the buyer or a third party named by him has taken over the last partial shipment, the last goods or the last piece. The day of acceptance shall not be included in the period. 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 shall suffice to comply with the withdrawal period.

In order to exercise your right of withdrawal, you must inform BIOWEIN-EXPERTE, e-mail: info@biowein-experte.at of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached sample withdrawal form for this purpose. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of the revocation: If you revoke this Agreement, BIOWEIN-EXPERTE shall reimburse any payments received from you, including the delivery costs (excluding the additional costs resulting from your choosing a different method of delivery than the cheapest standard delivery offered by BIOWEIN-EXPERTE), immediately and no later than fourteen days from the date on which BIOWEIN-EXPERTE received notice of your revocation of this Agreement. BIOWEIN-EXPERTE will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you. In no event will you be charged for this refund. BIOWEIN-EXPERTE may refuse a refund until the Goods have arrived at BIOWEIN-EXPERTE or until you have provided proof that you have returned the Goods, whichever is the earlier. You shall return or deliver the Goods to BIOWEIN-EXPERTE immediately and in any event no later than fourteen days after the date on which you notify BIOWEIN-EXPERTE of the revocation of this Agreement. This period shall be deemed to have been observed if you dispatch the goods before expiry of the period of fourteen days. You shall bear the direct costs and the risk of returning the goods. You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary to inspect their condition, properties and functionality.

 

5. WARRANTY

Assurances, such as regarding the usability or special properties of the goods, or declarations by employees of BIOWEIN-EXPERTE are non-binding and do not constitute an express assurance of specific properties unless made in writing (including by fax or e-mail).

 

Warranty claims are subject to BIOWEIN-EXPERTE being notified immediately of any defects, namely visible defects immediately upon acceptance, hidden defects upon discovery and upon 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.

 

 

 

BIOWEIN-EXPERTE shall fulfil its warranty obligations at its discretion either by delivery of defect-free goods, improvement, subsequent delivery of missing quantities or rescission of the contract (i.e. repayment of the purchase price) within a reasonable period.

For transactions with consumers within the meaning of the Austrian Consumer Protection Act, the provisions of items 5.1. to 5.4. shall apply to Steller that in the event of a defect the customer may, at his discretion and in compliance with the statutory provisions, demand improvement, replacement of the item, a reasonable price reduction or conversion.

Taste reasons, customary or minor deviations in quality, quantity, colour, size, weight, equipment or design due to technical reasons as well as age-appropriate changes in taste, colour and packaging do not constitute warranty defects or non-fulfilment of the contract.

 

BIOWEIN-EXPERTE is not liable for taste, colour, material and sample conformity or other characteristics of conformity of reordered goods. The same shall apply to goods ordered according to samples if the deviation is within the usual commercial and technical limits.

 

BIOWEIN-EXPERTE is not liable for taste, colour, material and sample conformity or other characteristics of conformity of reordered goods. The same shall apply to goods ordered according to samples if the deviation is within the usual commercial and technical limits.

After tasting, consumption or started processing of the goods any warranty is excluded.

The warranty period shall be 2 years from the date of transfer of risk in accordance with Clause 4.

 

Points 5.6 to 5.8 do not apply to transactions with consumers within the meaning of the Consumer Protection Act.

 

6. LIABILITY FOR DAMAGES

BIOWEIN-EXPERTE is liable for damages according to the legal regulations. However, liability for damages caused by slight negligence is excluded. The limitation of liability does not apply to damages resulting from injury to life, limb or health of humans and to claims under the Austrian Product Liability Act.

Entrepreneurs must prove the existence of intent or gross negligence. Liability towards entrepreneurs for lost profits and other consequential damages is excluded. Furthermore, liability towards them is limited to 10% of the purchase price. The compensation of (defect-) consequential damages, other material damages, financial damages and damages from claims of third parties against the customer is also excluded.

Item 6.1 does not apply to transactions with consumers within the meaning of the Austrian Consumer Protection Act.

 

 

 

7. PROTECTION OF MINORS

Wine and spirits can only be distributed and delivered to persons over 18 years of age. BIOWEIN-EXPERTE is entitled to hand over goods only after legitimation by an official photo ID in order to comply with the legal regulations. In the case of a justified refusal to hand over the goods, the customer is obliged to compensate the actual damage incurred (e.g. costs of delivery).

 By placing the order, the customer assures that the recipient of the goods is older than 18 years.

 

 8. OTHER PROVISIONS

If individual provisions of the contract or these General Terms and Conditions are invalid, this shall not result in the invalidity of the entire contract or the entire General Terms and Conditions. The remaining content of the contract or the remaining General Terms and Conditions shall remain unchanged.

The place of performance for both BIOWEIN-EXPERTE and the Buyer shall be the business address of BIOWEIN-EXPERTE.

The competent court in Wr. Neustadt shall have exclusive jurisdiction to decide all disputes arising in connection with the contractual relationship.

 

The contract is subject to Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Point 8.3 shall not apply to transactions with consumers within the meaning of the Consumer Protection Act. Point 8.4 shall apply with the restriction that under the conditions of Art 6 of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the Law to Avert Contractual Obligations ("Rome I") special consumer protection provisions of the law of the country in which the consumer has his habitual residence may take precedence over the chosen Austrian law.

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