General Terms and Conditions

 

1. SCOPE OF APPLICATION

1. These General Terms and Conditions apply to sales and deliveries of goods by Winery Cobenzl Vienna (hereinafter referred to as "Winery Cobenzl") with its business address at Am Cobenzl 96, 1190 Vienna.

2. Winery Cobenzl may amend these General Terms and Conditions at any time, and they shall apply as amended at the time that the customer places the order.

3. Unless Winery Cobenzl has expressly agreed to them in writing or via e-mail prior to accepting the order, deviating terms and conditions of business shall not apply.

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

5. The order placed by the buyer is a binding offer. Winery Cobenzl accepts the buyer’s offer by way of actual delivery. Winery Cobenzl is entitled to refuse acceptance of an order without giving any reasons.

 

2. PRICES AND SHIPPING CHARGES

1. The prices quoted for goods are gross prices in euros and, in the case of deliveries within Austria, are inclusive of all statutory taxes and charges. However, the quoted prices do not include any packaging or shipping charges.

2. In the case of deliveries outside Austria, additional customs duties and/or charges may accrue, including without limitation any import, export and excise duties, which might result in a change in the quoted gross prices. Such customs duties and/or charges in the respective statutory amounts shall be borne by the buyer. In addition, deliveries outside Austria are only possible if there are no statutory obstacles and the delivery does not involve a disproportionate logistical effort.

3. All prices quoted in the online shop are non-binding; this applies in particular to repeat orders. The binding prices will be displayed in the online shop after the selected items have been properly placed in the shopping cart and will be listed in the order confirmation sent by Winery Cobenzl via e-mail.

4. All costs incurred for shipping shall, in principle, be borne by the buyer.

5. Starting from a gross price for the ordered goods of EUR 70.00, Winery Cobenzl shall bear the delivery costs within Vienna.

6. A flat delivery fee of EUR 10.00 is charged for deliveries of goods with an order value of less than EUR 70.00 within Vienna.

7. Deliveries within Austria are made via DPD parcel services.

8. Alcoholic beverages are sold exclusively to persons over 18 years of age.

 

3. PAYMENT AND DOWN PAYMENTS

1. The purchase price may be paid in cash or by card upon delivery of the goods by our suppliers or by invoice. The payment period for payment by invoice is 30 days net.

2. Winery Cobenzl reserves title to all goods until full payment of the purchase price including ancillary costs has been made.

3. If the buyer defaults on the payment or on any other performance obligation, Winery Cobenzl may charge the buyer for the following:

 > Default interest:
of 9% p.a. for traders,
of 5% p.a. for consumers within the meaning of the (Austrian) Consumer Protection Act (Konsumentenschutzgesetz), and

> the dunning and collection costs incurred provided that they were necessary for the expedient pursuit of the claim and are in reasonable proportion to the amount collected.

 

4. RETURNING GOODS AND RIGHT OF WITHDRAWAL

1. In transactions with traders, Winery Cobenzl is prepared, until further notice, to take back ordered goods and to refund the full purchase price under the following conditions:

> The goods must be returned within 14 days from the invoice date in their original packaging, free from damage and together with the original invoice.

> The goods will be taken back at the price valid at the time of initial purchase.

> The costs incurred by returning the goods must be borne by the buyer.

2. Consumers within the meaning of the Consumer Protection Act may withdraw from contracts governed by the (Austrian) Act on Distance and Off-Premises Transactions (Fern- und Auswärtsgeschäfte-Gesetz) within 14 days without giving any reason.

> In principle, this period begins to run on the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the goods. In the case of multiple goods ordered by the consumer in one order and delivered separately or in the case of delivery of a good consisting of multiple lots, the period begins to run on the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last good or the last lot.

> The withdrawal deadline shall be deemed met if the consumer has dispatched the statement of withdrawal before the withdrawal period expires.

> There are no specific formal requirements for the statement of withdrawal.

> If a statement of withdrawal is made as described above, the goods received must be returned to the seller without delay, however, no later than within 14 days from making the statement of withdrawal.

> In any case, the direct costs for returning the goods to the seller shall be borne by the consumer.

> The seller is entitled to compensation for a diminished market value of the goods if such loss in value results from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.

According to sec. 18 of the Act on Distance and Off-Premises Transactions the right of withdrawal is excluded in particular for

> goods made to the customer’s specifications or clearly personalized for the customer (subpara 3),

> sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery (subpara 5), and

> alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader (subpara 7).

 

5. ORDERS, DELIVERY PERIOD, OBSTACLES TO DELIVERY, WITHDRAWAL FROM CONTRACT

1. Winery Cobenzl takes orders placed by telephone, fax or e-mail or via the online shop from Monday to Friday between 08:00 and 12:00 as well as from Monday to Wednesday between 14:00 and 17:00 and on Thursday between 14:00 and 16:00. Orders received outside of these hours will be processed on the following business day during the above stated hours.

2. In the case of non-acceptance of ordered goods, Winery Cobenzl is entitled to charge the buyer for the extra costs incurred such as, for instance, wasted transport expenditure. This does not apply if Winery Cobenzl fails to provide its services according to contract.

3. Orders are accepted on the condition that delivery is possible. In the event of oversubscription of a product, Winery Cobenzl reserves the right to allocate smaller quantities to the ordering parties. If delivery or meeting the agreed delivery period becomes impossible due to circumstances beyond the control of Winery Cobenzl, its obligation to deliver on the scheduled delivery date shall expire. Circumstances beyond the control of Winery Cobenzl shall include without limitation:

Difficulties in procuring the goods or primary materials from third parties, business interruptions, traffic disruptions, lockouts and strikes as well as all cases of force majeure. In such cases, Winery Cobenzl will contact the buyer without delay in order to agree on an alternative date for the prevented delivery. If Winery Cobenzl offers a new delivery date to the buyer which is not later than two weeks after one of the delivery dates initially agreed, and delivery is properly made on this new delivery date, delivery by Winery Cobenzl is deemed to have been made in time within the meaning of the sales contract.

4. If Winery Cobenzl is unable to offer a new delivery date to the buyer pursuant to Item 5.3 or the new delivery date cannot be met for any of the reasons listed in Item 5.3 (impossibility of delivery on the agreed date due to circumstances beyond the control of Winery Cobenzl), both Winery Cobenzl and the buyer is entitled to withdraw from the contract in full or in part without being liable for damages.

5. Changes or cancellations of orders by the buyer shall, in principle, be made in written form (including fax or e-mail).

 

6. WARRANTY, EXCLUSION OF LIABILITY

1. Promises as to the usability or special features of the goods, or statements made by employees of Winery Cobenzl are of a non-binding nature and shall not constitute an express warranty of specific characteristics unless they are made in writing (including fax or email).

2. Warranty claims may only be asserted if defects are notified to Winery Cobenzl without delay, i.e. apparent defects immediately upon acceptance of delivery, hidden defects upon detection of the defect, and provided that the opened goods and the original invoice are presented.

3. Winery Cobenzl may choose to meet its warranty obligations either through delivery of defect-free goods, rectification, subsequent delivery of the missing quantities or reversal of the contract (i.e. refund of the purchase price) within a reasonable time period.

4. The goods received must be checked as to their proper condition. Any shipping damage must be notified immediately and must be verified by the shipping company, as otherwise any warranty claims or claims for damages regarding such damage shall be forfeited.

5. Failure to meet the customer’s taste, customary or minor, technically required deviations of quality, quantity, colour, size, weight, equipment or design as well as changes in taste, colour and packaging due to the product’s age shall neither constitute warranty defects nor non-performance of the contract.

6. Winery Cobenzl is not liable for the consistency of taste, colour, material and sample or any other characteristics of reordered goods. The same applies to goods ordered on the basis of samples to the extent the deviation does not exceed customary and technical limits.

7. After the tasting, consumption or commenced processing or treatment of the goods, any warranty shall be excluded.

8. The warranty period expires 6 months from the time of acceptance of the goods.

9. Items 2. - 4. and 8. do not apply to consumers within the meaning of the Consumer Protection Act, who will be governed by the mandatory warranty law provisions.

10. Liability on the part of Winery Cobenzl for any damage not caused by intent or gross negligence is excluded. In this sense, in particular compensation for consequential damage, other indirect damage and losses, or lost profits arising from defective, omitted or delayed delivery shall be excluded. Any liability for personal injury or liability under the (Austrian) Product Liability Act (Produkthaftungsgesetz) shall not be limited by the aforementioned provision.

7. MISCELLANEOUS PROVISIONS

1. Should individual provisions of the contract and/or these General Terms and Conditions be invalid in full or in part, this shall not result in the invalidity of the entire contract and/or the entire General Terms and Conditions. The remaining content of the contract and/or the remaining General Terms and Conditions shall remain unchanged unless they are invalid.

2. The place of performance, both for Winery Cobenzl and the buyer, is the business address of Winery Cobenzl, Am Cobenzl 96, 1190 Vienna.

3. The competent court at the seat of the Vienna City Administration at 1010 Vienna, Rathaus/Vienna City Hall, shall have exclusive jurisdiction for any and all disputes arising under the Agreement.

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

5. Item 7.3 does not apply to transactions with consumers within the meaning of the Consumer Protection Act. Item 7.4 applies with the limitation that, provided that 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 applicable to contractual obligations (“Rome I”) are met, mandatory consumer protection provisions of the law of the country where the consumer has his or her habitual residence shall take precedence over the selected Austrian law.

As at 05/2018

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