- SCOPE OF APPLICATION
These General Terms and Conditions apply to the sale and delivery of goods by Weinkultur Preiß KG with its registered office and business address in 3134 Theyern, Ringgasse 4. Unless expressly agreed otherwise, our General Terms and Conditions, made known to the contracting party, shall apply. The contract language is German. Place of jurisdiction: St. Pölten.
Our offer is subject to change and is only valid while stocks last. Due to the limited quantities of individual goods, there may be a sell-out situation during your online order. In this case we take the liberty to offer you alternative products. Only our current terms of delivery and payment are valid for the delivery. Deviating agreements are only valid if they are confirmed by us in writing.
3.1 The customer’s order constitutes an offer. A contract is only concluded after acceptance on our part. The customer will be notified of our acceptance by e-mail or by telephone. If we are unable to fulfill the customer’s order for any reason, the customer will be notified immediately.
3.2 Weinkultur Preiß KG accepts orders by phone (+4327836731) and e-mail (email@example.com) during opening hours, or at any time via the Internet online store. Basically, deliveries are made by appointment, orders in the online store are shipped within 5 days from receipt of payment. If orders are received outside opening hours, they are considered received only at the beginning of the order time on the next business day. When placing an order, the customer must specify the exact place of delivery. The customer is obliged to ensure the ordered goods at the specified delivery location. Weinkultur Preiß KG will send the customer a written order confirmation with all relevant order data.
3.3 The acceptance of orders is subject to delivery possibilities. Weinkultur Preiß KG reserves the right to allocate smaller quantities to customers in the event of oversubscription of a product.
4.1 The prices are in Euro per piece, including all legal duties and taxes (value added tax), however, the prices refer only to the goods themselves and do not include shipping costs.
All costs arising from shipping (except for online store orders to the countries listed under “Delivery”), including any import or export information, shall be borne by the buyer. The buyer will be charged all delivery costs actually incurred – these are displayed when ordering in the Internet online store after correct selection in the shopping cart, and shown in an order confirmation issued by Weinkultur Preiß KG. The stated amounts can be unilaterally changed by Weinkultur Preiß KG for future contracts at any time. In the event of typographical, printing or calculation errors on the website, we are entitled to rescind.
5.1 Weinkultur Preiß KG retains ownership of all goods until full payment of the purchase price including additional charges.
5.2 The settlement is made in euros, all prices include VAT, and is possible through the following methods of payment:
Credit card (MasterCard, Visa)
If payment is made by credit card, the charge will be made on the same day. The following data must be provided by the customer: Credit card company, card holder, card number, expiration date and security code. After this data is encrypted and transmitted to our payment partner Stripe (www.stripe.com), it cannot be viewed by unauthorized persons.
Prepayment by bank transfer to our bank account
In case of prepayment you will receive an order confirmation from us with our bank details and transfer the total amount of the order to our business account. The goods will be shipped only after receipt of the invoice amount from us.
Raiffeisenbank Region St. Pölten
IBAN: AT56 3258 5000 0804 7441
6.1 Weinkultur Preiß KG charges for each order quantity in addition to the designated prices transport costs. The amount of the current transport costs will be displayed during the ordering process as well as in the order confirmation. In the case of delivery of the goods, use and risk are transferred to the buyer at the latest when the goods are handed over to the buyer or his representative.
Weinkultur Preiß KG offers for orders in the webshop a free delivery within Austria and Germany from an order quantity of 6 bottles. Furthermore, shipping to Belgium, Denmark, France, Italy, Croatia, Luxembourg, Netherlands, Slovakia, Slovenia, Czech Republic & Hungary at a flat rate of €17.
Additional costs incurred by delivery to remote areas and regions will be charged extra. Please refer to the following list for these areas.
6.3 In case of a desired delivery other countries, the consumer has to contact Weinkultur Preiß KG directly to request a desired delivery. Contact: Weinkultur Preiß KG, Ringgasse4, 3134 Theyern, Tel.: +43 2783 6731, E-Mail: firstname.lastname@example.org
6.4 Delivery is made by an express service commissioned by Weinkultur Preiß KG at normal business hours. In case of non-acceptance of ordered goods, Weinkultur Preiß KG is entitled to claim compensation for additional expenses incurred, such as frustrated transport costs. This does not apply if Weinkultur Preiß KG does not provide its services according to the contract.
6.5 The above amounts can be unilaterally changed by Weinkultur Preiß KG for future contracts at any time.
- TRANSPORT DAMAGE
For damages and impairments that occur during transport, Weinkultur Preiß KG guarantees full compensation under the following conditions: The incoming goods must be immediately checked for correctness and completeness and reported. Any complaints must be confirmed by the transport company.
- RETURN OF THE GOODS
8.1 You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must send us
Weinkultur Preiß KG
Ringgasse 4, A-3134 Theyern
by means of a clear declaration (e.g. a letter sent by mail or e-mail) about your decision to revoke this contract.
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.
8.2 Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract:
Ringgasse 4, 3134 Theyern
or to hand over the goods.
The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
9.1 Complaints based on statutory warranty claims can be made to the following address: Weinkultur Preiß KG, Ringgasse 4, 3134 Theyern, Tel.: +43 2783 6731.
9.2 Customary or minor deviations in quality, quantity, color, size, weight, equipment or design due to technical reasons do not constitute warranty defects or non-performance of the contract.
- PROTECTION OF MINORS
The distribution and delivery of wine and spirits can only be made to persons over 18 years. To comply with legal requirements, Weinkultur Preiß KG is entitled to hand over goods only after legitimation by an official photo ID. In the case of justified refusal to hand over the customer is obliged to compensate the actual damage incurred (eg costs of delivery).
- COMPUTER PROCESSING AND CUSTOMER DATA
11.1 The Buyer agrees that the data stated in the purchase contract and disclosed during registration will be stored and processed in compliance with the provisions of the Data Protection Act. This data will be used, to the extent necessary, for the fulfillment of legal requirements, for the processing of payment transactions and customer care. In the context of customer care, the data of Weinkultur Preiß KG will not be passed on to other companies.
11.2 Newsletter registration
In the context of an online store order, there is the possibility to sign up for the newsletter of Weinkultur Preiß KG, which is sent several times a year via Mailchimp. This can be revoked at any time.
- OTHER PROVISIONS
12.1 If individual provisions of these terms and conditions are invalid, this does not result in the invalidity of the entire contract. The remaining content of the contract shall remain unchanged.
12.2 The place of performance shall be the respective registered office. For all legal disputes, the contracting parties shall submit to the district court responsible for the company’s registered office, irrespective of the amount in dispute.
12.3 The contract is subject to Austrian law. Place of jurisdiction: St. Pölten.