Conditions of Use
Conditions of Use
GENERAL TERMS & CONDITIONS
Weingut Schloss Halbturn GmbH & Co KG, Parkstraße 4, A-7131 Halbturn
I. Validity:
The deliveries, services and offerings of our enterprise are made exclusively under these terms and conditions; any variations from our trading conditions only apply when these are agreed upon in writing.
II. Conclusion of a contract:
A contract is considered as being concluded when either an offer and/or an order has been accepted in writing or the delivery has been accomplished. If our offering has not been accepted within 8 days then we to are no longer bound to provide the offering.
III. Price:
All prices we specify are in Euro and are exclusively net of value added tax from Vineyard, 7131 Halbturn if nothing else is specifically noted. There are certain final consumer prices which form the only exception by including value added tax in Euro. 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 sub-invoices if deliveries are made in parts.
IV. Payment terms, interest charges:
Unless agreed otherwise, our invoices must be paid within two weeks of the receipt of the goods, in cash or using a by payment slip free of charges and without any deduction, and in step with the delivery of the goods. 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 10% above the base interest rate of the Austrian central bank thus allowing substitution of proven higher interest rates.
V. Rescission of contract:
In the event of non-acceptance (point VII.) 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, we are entitled to rescind the contract if it has not been completely fulfilled by both sides. In the event of the rescission due to the fault of the customer, we have the option of requiring an all-inclusive compensation of 15% of the gross invoiced amount or the compensation for the loss actually suffered. In the event of a delay in payment by the customer, we are 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 he desires its rescission, then we have 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 our decision, an all-inclusive compensation of 15% of the gross invoiced amount or the compensation for the loss actually suffered.
In the case of the conclusion of contracts established remotely (§§ 5a et seq. of the Consumer Protection Law), the consumer may withdraw from the contract within 7 working days, where Saturday does not count as a working day. The period begins on the day of the arrival of the goods at the consumer. All that is required is for the consumer to mail a declaration of withdrawal from the contract within this period. If the consumer withdraws from the contract in accordance with this regulation, he must bear the costs of returning the goods.
VI. Charges for reminders and debt recovery:
In the event of a delay in payment, the contracting party (customer) undertakes to reimburse us for any costs arising with respect to reminders and debt recovery insofar as corresponding legal prosecution has been made necessary and up to a maximum of the remuneration of the collection agency retained, based on the regulations of the BMWA (Federal Ministry of Economics and Labour of the Republic of Austria) with respect to the maximum rates that collection agencies are entitled to charge. If we send reminders ourselves, then the debtor undertakes to pay an amount of €12,-- per reminder effected as well as an amount of €5,-- per half-year for the obligation to keep evidence of the reminders.
VII. Delivery, transport, default of acceptance:
Our sales prices do not contain any costs for delivery or arrangement. However, we may provide or arrange for these services on request against separate payment. 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 accept the goods as agreed (default of acceptance), we are entitled after giving an appropriate period of notice, either to store the goods ourselves for which we shall invoice a storage fee of 0.1% of the gross invoice amount per calendar day, or with an enterprise authorised to do this at the costs and risks of the customer. At the same time we are entitled to insist either on the fulfilment of a contract, or after giving an appropriate period of notice of at least 2 weeks inclusive, to rescind the contract and to dispose of the goods otherwise.
VIII. Delivery deadline:
We are only obliged to carry out the execution of our services once the customer has fulfilled all his obligations. We are 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).
IX. Place of fulfilment:
The place of fulfilment is the registered office of the enterprise, A-7131 Halbturn, in the castle.
X. 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.
XI. Guarantee, investigation and obligation to give notice of defects
We fulfil warranty claims of the customer in all cases as we decide, either by exchange, repair within an appropriate period or a price reduction. Cancellation of a contract may only be claimed by the customer if the defect is substantial and exchange or repair 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 we are 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 to us in writing immediately, or at the latest within 3 working days after their discovery and by giving details on the kind and scope of the defects. Hidden defects should be communicated to us 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.
XII. Compensation:
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.
XIII. Product liability:
Demands for recourse in the sense § 12 of the Product Liability Law are excluded, unless the right to recourse is based on an error on our part caused by an act of gross negligence.
XIV. Retention of property rights and claims
All goods are supplied by us with retention of property rights and remain our property 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, we are 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 us immediately with respect to our property. If the customer is a consumer or an entrepreneur whose business involves trading the goods acquired from us, 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.
XV. 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 our goods 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.
XVI. Retention
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 and may not withhold payment of the total amount.
XVII. 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.
XVIII. Data protection, address change
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 us. The customer is obliged to inform us 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.
