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General Terms & Conditions | Weingut Schloss Halbturn
These terms and conditions (hereinafter referred to only briefly GTC) govern the contract terms for the entire sales of Weingut Schloss Halbturn GmbH & Co KG (hereinafter only briefly called WGSH) to the customer, whether through phone, fax, email or in writing be granted by letter respectively the entire business relationship (goods, services, offers) with the customer. Opposing or deviating conditions from these trading conditions only apply when these are agreed upon in writing.
II. Conclusion of a contract
An order is a request to conclude a contract. The order can be purchased online, by phone, by fax or by mail. The contract is achieved in any case only with a definitive confirmation of order and / or delivery by WGSH. By placing an order the customers fully accept GTC of WGSH and are these the basis for the transaction.
III. Offer | Price | Invoice
The entire range of WGSH applies subject to change and while stocks last. WGSH reserves the right to a reduction of the order and / or non-fulfilment of the order. The published prices at the time when the agreement is concluded are valid. The availability of the wines as well as the correction of typos and obvious errors is excepted. Any liability in connection with the offer of WGSH (especially a false picture, and / or text and / or prices) and the delivery, permitted by law, is excluded. The bottles photos shown on the website are generally symbolic.
All prices WGSH specify are in Euro and are net of value from the winery, (excl. Transportation- and shipping costs), A-7131 Halbturn, unless expressly stated otherwise. The only exceptions are the retail prices, which are quoted in Euro including VAT. If a justified objection to our invoice is not sent in writing within 2 weeks, it is assumed to be accepted. We are also entitled to raise partial invoices if deliveries are made in parts.
Since certain wines are only limited available, WGSH reserves the right of partial deliveries or any failure to perform the order. Orders will be taken into account in each case after the date of entry. If it does not concern a consumer business, minor or other for customer of WGSH reasonable changes of the performance or delivery obligations shall be considered as approved beforehand. Specifically, WGSH is entitled, but not obliged, unless individual wines are no longer available to provide follow-up vintages.
V. Payment terms | Charges for reminders & debt recovery
Unless agreed otherwise, accounts receivable of WGSH are payable in step with delivery of the goods in cash or after billing within two weeks of the receipt of the goods, free of charge and without any deduction to the account of WGSH. WGSH reserves the right for new customers to desire an advance payment of ordering, after receipt the order will be delivered promptly. Payments are only considered to have been effected when they are registered in our trading account. In the event of a delay in payment - even a delay without fault - we are entitled to charge interest at a rate of 8% above the base interest rate of the Austrian central bank thus allowing substitution of proven higher interest rates. After the payment deadline WGSH has - after an initial call - the right to cancel the order of your choice or 1% interest per month plus EUR 25,00 to calculate dunning charge. If WGSH operates the reminder system itself, the debtor is obliged to pay an amount of EUR 12,00 per effected reminder, as well as an amount of EUR 25,00 per half-year for the obligation to keep evidence of the reminders. In the case of late payment WGSH is also entitled to make demands by collection agency and / or by way of legal proceedings recoverable. The debtor is required in the event of default, to replace WGSH expenses for reminders and collection costs as well as costs of legal proceedings, unless they are necessary for the appropriate prosecution, in which he specifically committed to maximum to replace the remuneration of the collection agency, arising out of the Regulation of the Federal Ministry for Economic Affairs, on the maximum rates of collection agencies being entitled remuneration. All wines remain until complete payment property of WGSH. The entry of the retention of title to the competent authority is reserved.
VI. Rescission of contract
In the event of non-acceptance or other important reasons such as, in particular, the bankruptcy of the customer or bankruptcy rejection due to lack of assets, as well as in the event of delay in payment by the customer, WGSH is entitled to rescind the contract if it has not been completely fulfilled by both sides. In the event of a delay in payment by the customer, WGSH is entitled to be released from delivery of any further services and deliveries, to retain any supplies or services still pending and to require pre-payment and/or guarantees, or, after giving an appropriate period of notice, to withdraw from the contract. If the customer withdraws from the contract without being entitled to do so or desires its rescission, then WGSH has the option of requiring the fulfilment of the contract or agreeing to the rescission of the contract; in the latter case, the customer is obliged to pay after the decision of WGSH, an all-inclusive compensation of 15% of the gross invoiced amount or the compensation for the loss actually suffered.
Customers have the right to revoke a contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the date on which the customer or a third party, other than the carrier, occupy the goods. In order to exercise the right of withdrawal, the customer must inform WGSH about his decision to withdraw from the contract by means of a clear explanation (e.g. a consigned by post mail, fax or email). The contact details for the revocation are: Weingut Schloss Halbturn GmbH & Co KG, Parkstraße 4, A-7131 Halbturn, F | +43 2172-20162-14, E | email@example.com. To safeguard the withdrawal period it is sufficient that the customer sends the message about the right of withdrawal before the expiration of the withdrawal period.
Effects of revocation are | If the customer cancels the contract, WGSH has to repay all the payments made by the customer, including the costs of supply (with the exception of the additional costs arising from the fact that the customer has chosen a different method of delivery than that offered expensive type of standard delivery), immediately and at the latest within fourteen days from the date on which the notification of withdrawal of this contract is received at WGSH. For this repayment WGSH uses the same method of payment that the customer has been used in the original transaction, unless the customer has expressly agreed otherwise; on no account the customer will be charged fees because of this repayment. WGSH may withhold reimbursement until it has received the returned goods back, or until the customer has provided proof that he has sent back the goods, whichever is the earlier. The customer has to return or pass the goods to WGSH immediately and in any event not later than fourteen days from the date on which he informed WGSH of revocation. The deadline is met if the customer sends the goods before the deadline of a fortnight. The customer shall bear the direct cost of returning the goods. The customer only has to pay for any diminished value of the goods, if this loss in value is due to an unnecessary handling with them.
VIII. Delivery | transport | default of acceptance
Delivery will be made after confirmation of order to the invoice recipient or to his chosen delivery address to doorstep. WGSH reserves the right partial deliveries, without affecting the validity of the progress orders. The sales prices do not contain any costs for delivery or any customs charges for deliveries abroad. However, we may provide or arrange for these services on request against separate payment. The actual costs plus an appropriate administrative fee, but at least the current or usual day of delivery freight tariff of the chosen mode of transport will be charged for transport or delivery. The invoice will cover the actual costs of the transport and/or arrangement including an appropriate cost for management applicable on the day of delivery or the usual freight charges of the selected mode of transport. If the customer does not accepted the goods as agreed (default of acceptance), WGSH is entitled after giving an appropriate period of notice, either store the goods at WGSH what WGSH may charge a storage fee of 0.1% of the gross invoice amount per calendar day, or store at the expense and the customer's risk with an authorized company. Simultaneously WGSH is entitled to insist on the fulfilment of the contract, or after setting a reasonable, at least 2 weeks comprehensive respite from the contract and use of the goods and to make a possible damage suffered by the customer claims.
The following transport costs within Austria and Germany are valid until further notice (prices gross incl. all taxes and charges).
- Shipping costs within Austria | EUR 7.50 per 6 bottles or EUR 10.00 per 12 bottles
- Shipping costs within Germany | EUR 15.00 per 6 bottles or 12 bottles per EUR 18.00
- For orders within Austria and Germany with an order value above EUR 340.00 WGSH invoice no transport costs - in this case we are delivering free to the door.
For deliveries to countries except Austria and Germany will be charged third party costs (including customs and any extra costs). Transportation costs for other countries are available upon request.
Deliveries will be made standardly in boxes - for small deliveries in special transport boxes. On request, deliveries can be carried in wooden cases - prices for this will be announced by WGSH on request. Large formats are imputed recognized as a multiple of a 0.75-liter bottle. Delivery is usually within 5 days after order confirmation, possibly in a shorter period of time. Any costs for an express delivery are to be paid by the customer and are billed separately. The purchaser must ensure that the relevant provisions of the importing country for the purchase of the goods observed and complied with. In particular it should be noted that the responsibility for the payment of any taxes and / or duties, in the country of the consignee apply, shall be paid by the buyer / customer and the buyer / customer, WGSH hold indemnify and harmless thereof.
IX. Delivery deadline
WGSH is only obliged to carry out the execution of the services once the customer has fulfilled all his obligations. WGSH is entitled to exceed the agreed delivery dates and times by up to two weeks. Only on the expiration of this term may the customer withdraw from the contract after giving an appropriate period of notice (at least 2 weeks).
X. Place of fulfilment
The place of fulfilment is the registered office of the enterprise, A-7131 Halbturn, in the castle.
XI. Slight changes of services
If it does not concern consumer business, slight or other reasonable changes of our services and/or delivery obligations to our customers are taken as approved.
XII. Guarantee | investigation & obligation | Cost & risk transition
WGSH fulfils warranty claims of the customer in all cases, either by exchange within an appropriate period or a price reduction. Redhibition (cancellation of a contract) may only be claimed by the customer if the defect is substantial and exchange or a price reduction is judged to be not reasonable by the customer. Claims for compensation by the customer which aim to compensate for the defect by improvement or exchange may only be considered if WGSH is informed of the warranty claims without delay. If a customer observes a defect, then resulting claims, in particular under the terms of the guarantee or for compensation, are only valid when the customer can prove that the defect was already present at the time of delivery of the goods. The customer should check the goods immediately after delivery, but at the latest within 6 working days. Any defects noted should be communicated immediately to WGSH or at the latest within 3 working days after their discovery and by giving details on the kind and scope of the defects in writing (by registered letter) to the office address of WGSH or email to firstname.lastname@example.org. Hidden defects should be communicated to WGSH in writing immediately or at the latest within 3 working days after their discovery. If notice of a defect is not given or not given promptly, then the goods are considered to be accepted. If defects are not or not timely reprehended, the goods shall be deemed approved. WGSH takes back timely reprimanded defective or incorrect deliveries without difficulty and grant compensation. A credit (at the level of objectionable purchase price) will only take place if no goods replacement can be provided. Broken bottles must be confirmed by the carrier. The costs and the risk of loss or damage for the ordered wines will [...] pass over to the customer upon transfer of the goods ordered to the carrier.
Fortunately, a problem that is rarely encountered at top wines as their producers use only the best and most expensive corks. In experience of WGSH every fifth supposed cork-taste is actually one. If WGSH replaces objected bottles, WGSH has to factor this risk into margins. Therefore, WGSH forbears from charging a cork-risk-premium and ask for understanding that WGSH does not treat cork as a defect and cannot take back opened bottles.
All claims for compensation are excluded in the case of slight negligence. This does not apply to personal injuries and/or to consumer business for damage during handling. The presence of damage resulting from slight and/or gross negligence, insofar as it does not concern consumer business, has to be proved. If it concerns consumer business, then the period of limitation of claims for compensation is three years after transfer of the risk. Claims for compensation covered by these terms and conditions or otherwise agreed, even if the claim for compensation is in addition to or instead of warranty claim, must be validated.
XV. Product liability
Demands for recourse are excluded, unless the right to recourse is based on an error on part of WGSH caused by an act of gross negligence.
XVI. Retention of property rights & claims
All goods are supplied with retention of property rights and remain property of WGSH until the complete payment has been effected. The assertion of the retention of property rights only applies on cancellation of the contract when this is expressly mentioned. In the event of return of goods, WGSH is entitled to charge for the resulting transport and handling costs. In the event of third parties taking the goods, in particular by seizing them, the customer is obliged to inform WGSH immediately with respect to property. If the customer is a consumer or an entrepreneur whose business involves trading the goods acquired from WGSH, he may not sell, pawn, give away or lend the goods until complete payment of any pending purchase price. The customer carries the full risk for the goods, in particular for the risks of breakage, loss or degradation.
XVII. Assignments of a claim
In the case of delivery under retention of property rights, the customer cedes to us his claims with respect to third parties insofar as the sale or processing of goods of WGSH is involved until final payment of our claims. The customer must name his buyers to us on request and inform us promptly of the cession. The cession should be registered in the books, in particular in the pending posts and clearly indicated on delivery notes, invoices etc. to the buyer. If the customer is delayed in his payments to us, then the proceeds of sale should be only in our name. Any claims against an insurer must be surrendered to us within the limits of § 15 of the Insurance Contract Law. Claims against us may not be transferred without our express agreement. For delivery under retention of customer WGSH assigns his claims against third parties, insofar as these arise through the sale or processing of the products of WGSH until the final payment of the claims of WGSH of payment from. The customer has to call WGSH to request its customers and inform them about time of the assignment. The assignment is in the books, especially in the open - write list and make on delivery notes, invoices etc. the customer visible - field. If the customer fails to pay over WGSH in default, the incoming sales proceeds to be separated and the customer these only on behalf of WGSH held. Any claims against an insurer are now assigned within the limits of § 15 Insurance Contract Act to WGSH. Receivables from WGSH may not be assigned without the express permission of WGSH.
If it does not concern consumer business, then a customer with a justified complaint is only entitled to a reduction of a corresponding amount from the total invoice – except for rescission of the contract - and may not withhold payment of the total amount.
XIX. Applicable law | area of jurisdiction
Austrian law is applicable. The contract language is German. The contracting parties agree upon the competence of Austrian jurisdiction of the responsible court of the 7100 Neusiedl am See district.
XX. Youth protection | data protection | address change
Alcoholic beverages are allowed in Austria and other countries of the EU in accordance with the legal provisions not be sold to minors under-16 years, spirits not to minors under 18 years. WGSH takes generally no orders placed by customers under 18 years. The customer agrees that the personal data specified in the order are stored and automatically processed in compliance with this order. The disclosure of the data takes place on a voluntary basis. Customer information will be used exclusively by Weingut Schloss Halbturn GmbH and Weingut Schloss Halbturn GmbH & Co KG and will not be revealed to any third party. With his order, the customer accepts these terms and confirms that he is entitled to purchase. The customer gives his agreement that the personal data contained in the sales contract in fulfilment of this contract may be automatically stored and processed by WGSH. The customer is obliged to inform WGSH of changes to his residential and/or business address, as long as the contractually binding legal transaction is not mutually and completely fulfilled. If this information is omitted, then communications sent to the last known address will be assumed to have been correctly delivered. For the purposes of credit assessment a data exchange with external service companies takes place if necessary. WGSH is entitled until further notice to use the data made available for promotional purposes in the context of the company. A withdrawal can occur at any time in a simple form to email@example.com or by fax to +43 2172 20162-14.
At this juncture, WGSH would like to point out that all contents and photos of this website are protected by copyright and that the use and / or transfer to a third party and / or quotation respectively reproduction are allowed only after an explicit approval by WGSH. The unapproved use of contents and photos will be legally prosecuted.
XXII. Google Analytics | Cookies | Security
Security | WGSH works with high security standards to protect personal data against unauthorized access. Personal data, payment details and ordering information are protected by appropriate security systems both during the transfer and in the storage on the servers. For safety reasons in the transmission of information Secure Sockets Layer (SSL) software is used. This software encrypts the information that is transmitted by the customer.
Halbturn, November 2015
Weingut Schloss Halbturn GmbH & Co KG