Terms of service
1. SCOPE OF APPLICATION
1.1 These General Terms and Conditions apply to the sale and delivery of goods by the sole proprietorship Weingut Karl Schnabel (hereinafter referred to as “Weingut Karl Schnabel”), with its registered office and business address at 8443 Gleinstätten, Maierhof 34. Unless expressly agreed otherwise, our GTC made known to the contractual partner shall apply. The contract language is German.
1.2 The General Terms and Conditions may be amended by Weingut Karl Schnabel at any time and shall apply in the version current at the time of the customer’s order.
1.3 By placing an order, the customer agrees to these General Terms and Conditions.
2. PRICE
2.1 The prices are understood in euros per item, including all statutory charges and taxes (value-added tax), but the prices relate only to the goods themselves and do not include shipping costs. All costs arising from shipping, including any import and/or export declarations, shall be borne by the buyer. All actual delivery costs incurred will be charged to the buyer – these are shown when ordering in the online shop after the correct selection in the shopping cart, and are stated in the order confirmation issued by Weingut Karl Schnabel. The stated amounts may be changed unilaterally by Weingut Karl Schnabel at any time for future contracts. In the event of typographical, printing or calculation errors on the website, we are entitled to withdraw.
2.2 The prices are based on the costs at the time the prices were first stated. Should the costs change by the time the buyer places an order, Weingut Karl Schnabel shall be entitled to adjust the prices accordingly.
3. OFFER
Our offer is non-binding and applies only while stocks last. Due to the limited quantities of individual goods, an out-of-stock situation may occur during your online order. In this case, we reserve the right to offer you alternative products. Only our current delivery and payment terms shall apply to the delivery. Deviating agreements shall only be valid if confirmed by us in writing.
4. ORDER
4.1 The customer’s order constitutes an offer. A contract is only concluded upon acceptance by Weingut Karl Schnabel. The customer will be informed of our acceptance by our automatically sent order confirmation by email. Should Weingut Karl Schnabel be unable to fulfill the customer’s order for any reason, the customer will be informed thereof without delay.
4.2 Weingut Karl Schnabel accepts orders via the online shop from Monday to Friday, excluding public holidays and company holidays, from 08:00 to 17:00. The ordering times may be changed by Weingut Karl Schnabel from time to time in accordance with the information in the online shop. If orders are received outside ordering times, they shall only be deemed received at the beginning of ordering time on the next business day.
4.3 When placing the order, the customer must specify an exact delivery location. The customer is obliged to ensure acceptance of the ordered goods at the specified delivery location. Weingut Karl Schnabel will send the customer a written order confirmation by email with all relevant order data.
4.4 Acceptance of orders is subject to delivery possibilities. Weingut Karl Schnabel reserves the right to allocate smaller quantities to customers in the event of oversubscription of a product. If delivery or compliance with an agreed delivery deadline becomes impossible due to circumstances for which Weingut Karl Schnabel is not responsible, the obligation to deliver on the intended delivery date shall cease. Circumstances for which Weingut Karl Schnabel is not responsible include in particular: difficulties in procuring preliminary materials from third parties, operational disruptions, traffic disruptions, lockouts and strikes, as well as all cases of force majeure. In such cases, Weingut Karl Schnabel will contact the buyer without delay in order to agree on a substitute date for the prevented delivery. If Weingut Karl Schnabel offers the buyer a new delivery date which is no later than 2 weeks after one of the originally agreed delivery dates, and if delivery is properly carried out on this new date, this shall constitute timely delivery by Weingut Karl Schnabel within the meaning of the purchase contract.
4.5 Weingut Karl Schnabel is entitled to reject an order without stating reasons.
5. PAYMENT
5.1 Weingut Karl Schnabel reserves ownership of all goods until full payment of the purchase price including ancillary charges.
5.2 The customer may use the payment methods displayed at the end of the ordering process, e.g. payment by credit card, advance payment, etc. We reserve the right to restrict the selection of payment methods in individual cases.
5.3 Weingut Karl Schnabel accepts the following payment methods: advance payment, the following credit cards: Visa, MasterCard, American Express.
The entered data is not stored by us, but may be stored by the respective payment provider.
6. DELIVERY
6.1 In addition to the stated prices, Weingut Karl Schnabel charges transport costs for each order quantity. The amount of the current transport costs is displayed during the ordering process as well as in the order confirmation. Upon delivery of the goods, use and risk shall pass to the buyer at the latest upon handover to the buyer or the buyer’s representative.
6.2 For deliveries to European countries, the actual delivery costs incurred will be charged – these are shown after the correct selection in the shopping cart.
6.3 In addition, further taxes or costs (e.g. customs duties) may arise in the context of your order which are not paid through us or invoiced by us, but are to be paid by you directly to the competent customs or tax authorities. Please inquire with the respective competent authorities for details, if necessary.
6.4 In the case of a desired delivery to a non-EEA country, the consumer must contact Weingut Karl Schnabel directly in order to request the desired delivery. Contact: Weingut Karl Schnabel, Maierhof 34, 8443 Gleinstätten, Telephone: +436766961508, Email: weingut@karl-schnabel.at
6.5 Delivery is made via an express service commissioned by Weingut Karl Schnabel during normal business hours. In the event that ordered goods are not accepted, Weingut Karl Schnabel is entitled to demand compensation for the additional expenses incurred as a result, such as wasted transport costs. This shall not apply if Weingut Karl Schnabel does not perform its services in accordance with the contract.
6.6
If the customer commissions or arranges a parcel forwarding service, forwarding, collection, relocation, redirection or any other forwarding service, our delivery obligation shall be deemed fulfilled upon proper delivery to the initial receiving point specified by the customer during the ordering process.
From the time of documented delivery to this initial receiving point or to the parcel forwarding service designated by the customer, we shall assume no liability for loss, partial loss, damage, delay, misdirection, improper storage, repackaging, consolidation, onward transport or unsuccessful delivery within the framework of such forwarding.
We assume no warranty for services of third parties in connection with parcel forwarding arranged by the customer, in particular not for transit times, transport conditions, loss, damage, shipment tracking, customs clearance, customs charges or deliverability in the destination country.
6.7 The stated amounts may be changed unilaterally by Weingut Karl Schnabel at any time for future contracts.
7. TRANSPORT DAMAGE
For damage and impairments arising during transport, Weingut Karl Schnabel guarantees full replacement under the following conditions: The arriving goods must be checked immediately for correctness and completeness. Damage must be reported to us in writing within 3 days of receipt of the goods. Any complaints must be confirmed in writing by the transport company.
7.1 We shall not be liable for damage and impairments arising during parcel forwarding, forwarding, relocation or other onward transport arranged by the customer after delivery to the initial receiving point.
8. WARRANTY
8.1 Standard commercial or minor, technically unavoidable deviations in quality, quantity, color, size, weight, equipment or design shall constitute neither warranty defects nor non-performance of the contract.
8.2 Complaints based on statutory warranty claims may be asserted at the following address: Weingut Karl Schnabel, Maierhof 34, 8443 Gleinstätten. The customer must note that acceptance does not constitute acknowledgment of warranty claims, but that these require separate examination. The customer will be informed by us of the result within a reasonable period. Warranty claims may only be asserted by the customer if the customer has stored and transported the goods properly and appropriately; the burden of proof lies with the customer.
8.3 Statements regarding usability or special properties of the goods are non-binding and do not constitute an express guarantee of certain properties.
8.4 Warranty claims require that defects (for example, a broken wine bottle) be reported to Weingut Karl Schnabel immediately in writing, namely recognizable defects immediately upon acceptance, hidden defects after discovery – in all the above-mentioned cases upon submission of the opened goods and the original invoice.
8.5 A warranty claim shall in any case be limited to the purchase price of the delivered and defective goods.
8.6 Weingut Karl Schnabel shall fulfill its warranty obligations, at its option, either by delivery of defect-free goods, improvement, subsequent delivery of missing quantities or rescission of the contract (i.e. repayment of the purchase price) within a reasonable period.
8.7 For transactions with consumers within the meaning of the Austrian Consumer Protection Act, the following shall apply: in the event of a defect, the customer may, at his or her discretion and subject to the statutory provisions, request improvement, replacement of the item, an appropriate price reduction or cancellation.
8.8 Reasons of taste, standard commercial or minor, technically unavoidable deviations in quality, quantity, color, size, weight, equipment or design, as well as age-related changes in taste, color and packaging, shall constitute neither warranty defects nor non-performance of the contract.
8.9 Weingut Karl Schnabel shall not be liable for taste, color, material and pattern conformity or other conformity characteristics of reordered goods. The same shall apply to goods ordered according to sample, insofar as the deviation remains within standard commercial and technical limits.
8.10 The assignment of warranty claims is excluded.
9. RETURN OF GOODS
9.1 In the case of items impaired by signs of use, we shall charge an appropriate fee for the reduction in value. The same shall apply if accessories or parts are missing when the goods are returned.
9.2. RIGHT OF WITHDRAWAL
9.2.1 Until revoked, Weingut Karl Schnabel is prepared to take back goods purchased through the online shop against reimbursement of the full purchase price under the following conditions: The return must be made within 14 days of receipt of the goods in their original packaging, undamaged and upon presentation of the original invoice. The return shall be accepted at the price valid at the time of the original purchase.
9.2.2 If the buyer is a consumer within the meaning of the Consumer Protection Act and has placed his or her order via the online shop, he or she may declare withdrawal from the purchase contract in accordance with §§ 11 FAGG within 14 days from the day the goods are received by the buyer. The withdrawal period begins as soon as the buyer or a third party designated by the buyer has taken possession of the goods. In the case of a purchase contract covering several goods, the withdrawal period begins as soon as the buyer or a third party designated by the buyer has taken possession of the last partial shipment, the last goods or the last item. The day of acceptance shall not be included in the calculation of the period. Saturdays, Sundays and public holidays count toward the calculation of the period. To comply with the withdrawal period, it is sufficient to send a written declaration of withdrawal or to return the goods in due time. In order to exercise the right of withdrawal, the customer must inform Weingut Karl Schnabel in writing of the decision to withdraw from this contract. In the case of items impaired by signs of use, we shall charge an appropriate fee for the reduction in value. The same shall apply if accessories or parts are missing when the goods are returned.
9.2.3 CONSEQUENCES OF WITHDRAWAL
9.2.3.1 If the customer withdraws from this contract, Weingut Karl Schnabel shall repay the payments received from the customer, less delivery costs and less the costs of payment processing, within 14 days from the day on which the customer’s written notice of withdrawal from this contract was received by Weingut Karl Schnabel. However, Weingut Karl Schnabel may refuse any repayment until the goods have been received by Weingut Karl Schnabel or until the customer has provided written proof that he or she has returned the goods, whichever is earlier. From receipt of the goods or from receipt of written proof that the goods have been returned, Weingut Karl Schnabel shall make a repayment as quickly as possible, in any case within 14 days, provided that the goods are undamaged and in their original packaging. The customer must return or hand over the goods without delay and in any event no later than 14 days from the day on which the customer informed Weingut Karl Schnabel of the withdrawal from this contract, to Weingut Karl Schnabel, Maierhof 34, 8443 Gleinstätten. The deadline is met if the customer dispatches the goods before the period of 14 days has expired.
9.2.3.2 The customer shall bear the direct costs and the risk of returning the goods. If the goods have been returned to us carriage unpaid, we may retain or subsequently charge a corresponding amount.
9.2.3.3 The customer only has to pay for any loss in value of the goods if this loss in value is due to handling of the goods that was not necessary to check their condition, properties and functionality. This means that the return of goods and the right of withdrawal may only be asserted by the customer if the customer has stored and transported the goods properly and appropriately; the burden of proof lies with the customer.
10. PROTECTION OF MINORS
10.1 The sale and delivery of wine and spirits may only be made to persons over 18 years of age. In order to comply with the statutory provisions, Weingut Karl Schnabel is entitled to hand over goods only after identification by means of an official photo ID. In the event of a justified refusal of handover, the customer shall be obliged to compensate the actual damage incurred (e.g. delivery costs).
10.2 By placing the order, the customer confirms that he or she and/or the recipient of the goods is older than 18 years.
11. IT PROCESSING AND CUSTOMER DATA
The buyer agrees that the data concerning him or her specified in the purchase contract and disclosed during registration may be stored and processed in compliance with the provisions of the Data Protection Act. This data shall be used, to the extent necessary in each case, for compliance with legal provisions, for processing payments and for customer care. Within the framework of customer care, the data is not passed on by Weingut Karl Schnabel to other companies. However, the buyer/customer agrees that the customer data necessary for shipping may be passed on by us to commissioned shipping partners. However, Weingut Karl Schnabel shall not be liable for compliance with the Data Protection Act by these commissioned companies.
12. AUCTION
12.1 The buyer may bid on goods within the framework of an auction.
12.2 In an auction, a valid purchase contract is concluded with the buyer who has submitted the highest bid within the offer period. The amount of the purchase price is determined by this highest bid. A bid expires if another buyer submits a higher bid during the offer period.
12.3 The buyer is obliged to provide only truthful information regarding the data important for our business relationship (e.g. name, address, email address, telephone number) and to notify us of any changes to this data occurring during the business relationship without being requested to do so. Incorrect information entitles us to withdraw from the contract.
12.4 The buyer guarantees that the email address provided by him or her is reachable. If the receipt of emails is prevented due to forwarding, deactivation or overloading of the account, we shall have the rights pursuant to para. (12.3).
12.5 Weingut Karl Schnabel shall send the buyer a confirmation and information regarding the processing of the purchase after conclusion of the contract.
12.6 Ownership shall pass to the buyer only upon full payment.
12.5 By making the purchase, the buyer is obliged to pay the purchase price. Payment must be made within 7 working days after purchase.
12.7 In the event of default in payment, Weingut Karl Schnabel is entitled to auction the auctioned goods again. The consequential costs may be charged here. Weingut Karl Schnabel reserves the right to hold the bidder liable for any reduced proceeds in the event of a sale to a third party. The defaulting bidder shall have no claim to any profit from any higher proceeds.
12.8 In the event of default in payment, Weingut Karl Schnabel is entitled to charge a cancellation fee of 50% of the purchase price.
13. MISCELLANEOUS PROVISIONS
13.1 If individual provisions of these General Terms and Conditions are invalid, this shall not result in the invalidity of the entire contract. The remaining content of the contract shall remain unchanged.
13.2 The place of performance for both Weingut Karl Schnabel and the buyer is the business address of Weingut Karl Schnabel.
13.3 The court with subject-matter jurisdiction at the registered office of the winery shall have exclusive jurisdiction to decide all disputes arising in connection with the contractual relationship. The special statutory provisions for consumers shall remain unaffected.
13.4 The contract shall be governed by Austrian law.