1. Scope of the terms and conditions
2. Offers and specification of services
3. Order transaction and conclusion of contract
4. Prices and delivery fees
5. Delivery, availability of product
6. Payment modalities
7. Reservation of proprietary rights
9. Retention of the contract
10. Data protection
11. Place of Jurisdiction, Applicable Law, Contract Language
- Scope of the terms and conditions
1.1 These terms and conditions apply to all business transactions between the Weingut Hans Igler GmbH (the vendor) and customers who acquire wares from the vendor (customer) in their current version.
1.2 Deviating terms and conditions for the customer are not applicable unless the vendor gives written consent to the application of said terms.
- Offers and specification of services
2.1. The display of products in the online shop does not constitute a legally binding offer, but a call for orders. The specification of services in catalogues or the webpage of the vendor do not constitute a guarantee or any other form of assurance.
2.2. Unless noted otherwise, all offers are valid while stock lasts. Errors may occur and do not create a liability for the vendor.
- Order transaction and conclusion of contract
3.1. The customer may choose products from the vendor’s selection without any obligation in this face of the process and place these in a shopping cart by pressing the button [add to basket]. To finalize the order the customer may press the button [checkout].
3.2. By clicking the button [proceed] the customer agrees to enter into a purchase contract for the wares in the shopping cart. Before finally transmitting the order details may still be changed by the customer. Required customer data will be marked with an asterisk (*).
3.3. After transmission of the order the vendor will send the customer an automated notice of receipt, which includes all relevant information concerning the order. This serves as a documentation of the order and as confirmation that the vendor has received said order. It does not constitute a conclusive acceptance of the offer by the vendor. The purchase contract is constituted by either sending the ordered wares within two working days or else by sending a sending email, which explicitly confirms the purchase
3.4. In case of payment before delivery the purchase contract is constituted immediately after the payment is successful
3.5. If the customer is a consumer in accordance with Sect 1 Par. 1 num. 2 KSchG (Austrian consumer protection act) he or she may withdraw from the contract within 14 calendar days from the day the wares have been received. This withdrawal requires a written notice to the vendor.
- Prices and delivery fees
4.1. All prices on the vendor’s webpage include the Austrian value added tax.
4.2. Additionally to the cost for the wares the vendor will charge delivery fees. These fees can be found on a separate information page on the vendor’s website as well as during the order process.
- Delivery, availability of product
5.1. If not all wares are currently available the vendor may provide partial delivery, if this does not put an unduly burden on the customer.
5.2. If the wares cannot be delivered to the customer due to his or her fault despite three separate tries, the vendor may withdraw from the contract. Advance payments will be returned by the vendor subtracting incurred costs.
5.3. Customers may inform themselves about delivery periods and delivery restrictions (ie restriction of delivery to certain countries) on the vendor’s homepage.
- Payment modalities
6.1. During the order process the customer may choose a method of payment from the methods provided by the vendor before concluding the order. More information on payment methods can be found on the vendor’s homepage.
6.2 In case of payment on invoice, the payment has to be received by the vendor within 30 days after receiving the wares and the invoice. All other payment methods are variations of payment in advance.
6.3. If third parties are involved in the payment process, ie Paypal that parties‘terms and conditions apply to the payment process.
6.4. If the due date of the payment is determinded by calendar, the customer is in default once the date passes. In that case the customer is liable to interest for default to the amount of 4% p.a.
6.5. The payment of the interest for default does not exclude further claims by the vendor in regards to further damage for delay.
6.6. Offsetting may only be applied by the costumer if his or her claims are recognized through a legally binding title that have been recognized by the vendor. The customer may also only exercise a retention right if he or she has claims because of that contractual relationship.
- Reservation of proprietary rights
Until full payment all delivered wares remain the property of the vendor.
8.1. The vendor’s liability is notwithstanding legal requirements restricted by the following:
8.2. The vendor is fully liable if the cause for the damages is based on intent or gross negligence on the vendor’s part. The vendor is not liable for damages caused by slight negligence.
8.3. The aforementioned liability restrictions due not apply in case of damage to life, body, or health, for a fault after guaranteeing certain properties of a product or malicious concealment of defects. Liability according to the Produkhaftungsgesetz (product liability act) remain unaffected.
8.4. If the vendor’s liability has been excluded or restricted this also applies to the personal liability of employees, agents and auxiliary persons.
- Retention of the contract
9.1. The customer may print the copy of the offer before sending the order to the vendor by using the browser’s print function.
9.2. Additionally the vendor sends the customer an order confirmation to the email address provided by the customer. With this order confirmation the vendor will also provide a copy of these terms and conditions, as well as information on the withdrawal from the contract, the delivery costs and delivery conditions and payment methods. If customers are registered to the online shop they may choose to look up previous orders through their profile.
- Data protection
10.1. The vendor processes personal data of the customers only for its own purposes and according to the legal requirements.
10.2 Personal data that has been provided for contract purposes (ie, name, email address, address, payment information) are used by the vendor to fulfill and process the contract. All personal data will be treated confidentially and not be provided to third parties, who are not part of the order, delivery and payment process.
10.3. The customer retains the right to inquire with the vendor which personal data is stored by the vendor. Additionally the customer is entitled to currect incorrect data, suspension or deletion of personal data notwithstanding legal record keeping requirements.
10.4. More information on the use and procession of personal data by the vendor may be found in the data protection declaration.
- Place of Jurisdiction, Applicable Law, Contract Language
11.1. Place of Fulfillment is the seat of the vendor, place of jurisdiction is Landesgericht Eisenstadt unless the KSchG applies. nt iSd § 1 Abs. 1 Z.2 KSchG ist.
11.2. Contract Language is German.
11.3 This version of the terms and conditions constitutes a translation from the original German version. In case of contradictions, the German version of this text takes precedence.