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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 headquarters and business address in 8443 Gleinstätten, Maierhof 34. Unless expressly agreed otherwise, they apply our general terms and conditions made known to the contractual partner. The contract language is German.

1.2 The general terms and conditions can be changed by Weingut Karl Schnabel at any time and 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 in euros per item, including all statutory duties and taxes (VAT), but the prices only refer to the goods themselves and do not include shipping costs. The buyer bears all costs arising from the dispatch, including any import or export information. The buyer will be billed for all delivery costs actually incurred - these are shown in the shopping cart when ordering in the online shop after correct selection, and are shown in an order confirmation issued by Weingut Karl Schnabel. The stated amounts can be unilaterally changed by Weingut Karl Schnabel for future contracts at any time. In the event of typing, printing or calculation errors on the website, we are entitled to withdraw.

2.2 The prices are based on the costs at the time of the initial quotation. If the costs change by the time an order is placed by the buyer, Weingut Karl Schnabel is entitled to adjust the prices accordingly.

 

3. OFFER

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 of offering you alternative products. Our current delivery and payment conditions are exclusively decisive for the delivery. Deviating agreements are only valid if they are confirmed by us in writing.

 

4. ORDER

4.1 The customer's order represents an offer. A contract is only concluded after acceptance by Weingut Karl Schnabel. The customer is informed of our acceptance by our order confirmation sent automatically by email. If Weingut Karl Schnabel cannot fulfill the customer's order for any reason, the customer will be informed immediately.

4.2 Weingut Karl Schnabel accepts orders via the online shop from Monday to Friday, excluding public holidays and company holidays, from 8:00 a.m. to 5:00 p.m. The order times can be changed from time to time by Weingut Karl Schnabel according to the information in the online shop. If orders are received outside of the order times, these are only deemed to have been received at the beginning of the order time on the next working day.

4.3 When placing an order, the customer must state an exact delivery location. The customer is obliged to secure the ordered goods at the specified delivery location. Weingut Karl Schnabel sends the customer a written order confirmation by email with all relevant order data.

4.4 Orders are accepted subject to delivery options. Weingut Karl Schnabel reserves the right to allocate smaller quantities to the customer if a product is oversubscribed. If delivery or compliance with an agreed delivery period becomes impossible due to circumstances for which Weingut Karl Schnabel is not responsible, the obligation to deliver on the scheduled delivery date expires. The circumstances for which Weingut Karl Schnabel is not responsible include in particular: Difficulties in obtaining primary materials from third parties, in the event of 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 immediately to arrange an alternative date for the delivery that has been prevented. If the buyer is offered a new delivery date by Weingut Karl Schnabel, which is no later than 2 weeks after one of the originally agreed delivery dates, and the delivery is also carried out properly on this new date, a timely delivery by Weingut Karl Schnabel is within the meaning of the Purchase contract.

4.5 Weingut Karl Schnabel is entitled to refuse an order without giving reasons.

 

5. Payment

    5.1 Weingut Karl Schnabel retains ownership of all goods until full payment of the purchase price including ancillary fees.

    5.2 The payment methods displayed at the end of the ordering process are available to the customer, e.g. Payment by credit card, prepayment, etc. We reserve the right to restrict the choice of payment methods in individual cases.

    5.3 Weingut Karl Schnabel accepts the following types of payment: Prepayment, the following credit cards: Visa, MasterCard, American Express.

    The data entered will not be stored by us, but may be stored by the respective payment provider.

     

    6. DELIVERY

      6.1 Weingut Karl Schnabel charges transport costs for each order quantity in addition to the prices indicated. The amount of the current transport costs is displayed during the ordering process as well as in the order confirmation. When the goods are delivered, use and risk are transferred to the buyer at the latest when they are handed over to the buyer or his representative.

      6.2 For deliveries in European countries, the actual delivery costs will be invoiced - these will be shown in the shopping cart after correct selection.

      6.3 In addition, other taxes or costs (e.g. customs duties) may arise in connection with your order, which are not paid by us or invoiced by us, but are to be paid by you directly to the responsible customs or tax authorities. If necessary, please ask the relevant authorities for details.

      6.4 In the case of a desired delivery to a non-EEA country, the consumer must contact Weingut Karl Schnabel directly to inquire about a desired delivery. Contact: Weingut Karl Schnabel, Maierhof 34, 8443 Gleinstätten, phone: +436766961508, email: weingut@karl-schnabel.at

      6.5 Delivery takes place via an express service commissioned by Weingut Karl Schnabel at normal business times. In the case of non-acceptance of ordered goods, Weingut Karl Schnabel is entitled to reimburse the additional expenses incurred, such as. frustrated transportation costs. This does not apply if Weingut Karl Schnabel does not provide its services in accordance with the contract.

      6.6 The stated amounts can be unilaterally changed by Weingut Karl Schnabel for future contracts at any time.

       

      7. TRANSPORT DAMAGE

        Weingut Karl Schnabel guarantees full replacement for damage and impairments that occur during transport under the following conditions: The incoming goods must be checked immediately for correctness and completeness. We must be notified of any damage in writing within 3 days of receipt of the goods. Any complaints must be confirmed in writing by the transport company.

         

        8. WARRANTY

          8.1 Customary or minor, technically caused deviations in quality, quantity, color, size, weight, equipment or design do not constitute warranty defects or non-fulfillment of the contract.

          8.2 Complaints based on statutory warranty claims can be submitted to the following address: Weingut Karl Schnabel, Maierhof 34, 8443 Gleinstätten. The customer must note that the receipt does not entail recognition of warranty claims, but that these require a separate review. The customer will be informed of the result within a reasonable period of time. Warranty claims can only be asserted on the part of the customer if he has stored and transported the goods properly and properly; the customer is responsible for providing evidence.

          8.3 Promises, such as about the usability or special properties of the goods, are non-binding and do not represent an express assurance of certain properties.

          8.4 Warranty claims presuppose that defects (e.g. broken wine bottle) are reported to Weingut Karl Schnabel immediately in writing, recognizable defects immediately upon acceptance, hidden defects after discovery - in all cases mentioned with presentation of the opened goods and original invoice.

          8.5 A warranty claim is in any case limited to the purchase price of the delivered and defective goods.

          8.6 Weingut Karl Schnabel fulfills its warranty obligations at its option either by delivery of defect-free goods, improvement, subsequent delivery of shortfalls or reversing 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 customer can request improvement, replacement of the item, reasonable price reduction or conversion in the event of a defect at his option and in compliance with the statutory provisions.

          8.8 Reasons in taste, customary or minor, technical deviations in quality, quantity, color, size, weight, equipment or design as well as age-appropriate changes in taste, color and packaging do not constitute warranty defects or non-fulfillment of the contract.

          8.9 Weingut Karl Schnabel is not liable for the taste, color, material or pattern matching or other matching features of re-ordered goods. The same applies to goods ordered according to samples, provided that the deviation is within the customary and technical limits.

          8.10 The assignment of warranty claims is excluded.

           

          9. RETURN OF THE GOODS

            9.1 In the case of articles that are impaired by signs of use, we shall charge an appropriate fee for the reduction in value. The same applies if accessories or parts are missing when the goods are returned.

             

            9.2. RIGHT OF WITHDRAWAL

            9.2.1 Until further notice, Weingut Karl Schnabel is ready to take back goods purchased via the online shop against a refund 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 with the original invoice. Returns are made 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 he has placed his order via the online shop, he can withdraw from the purchase contract within 14 days of the day on which the goods are received by the buyer in accordance with Section 11 FAGG. The cancellation period begins as soon as the buyer or a third party named by him has taken over the goods. In the case of a purchase contract for several goods, the withdrawal period begins as soon as the buyer or a third party named by him has taken over the last partial shipment, the last goods or the last piece. The day of takeover is not included in the period. Saturdays, Sundays and public holidays are included in the calculation of the deadline. In order to meet the withdrawal deadline, it is sufficient to send a written declaration of withdrawal or return the goods in good time. In order to exercise the right of withdrawal, the customer must inform Weingut Karl Schnabel in writing of its decision to withdraw from this contract. In the case of articles that are impaired by signs of use, we will charge an appropriate fee for the reduction in value. The same applies if accessories or parts are missing when the goods are returned.

             

            9.2.3 CONSEQUENCES OF REVOCATION

            9.2.3.1 If the customer cancels this contract, Weingut Karl Schnabel has to repay payments received from the customer, minus delivery costs and minus costs for payment transactions, within 14 days from the date on which the customer received written notification of the cancellation of this contract has been received by Weingut Karl Schnabel. However, Weingut Karl Schnabel can refuse any repayment until the goods have arrived at Weingut Karl Schnabel or until the customer has provided written evidence that he has sent the goods back, whichever is earlier. Upon receipt of the goods or upon receipt of written evidence that the goods have been returned, Weingut Karl Schnabel will make a repayment as soon as possible, at least within 14 days, provided the goods are undamaged and in their original packaging. The customer must return or hand over the goods to Weingut Karl Schnabel, Maierhof 34, 8443 Gleinstätten immediately and in any case no later than 14 days from the day on which the customer informed Weingut Karl Schnabel of the cancellation of this contract. The deadline is met if the customer sends the goods before the period of 14 days has expired.

            9.2.3.2 The customer has to bear the direct costs and the risk of returning the goods. If the goods are returned to us carriage forward, we may withhold or offset 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 is not necessary to check the condition, properties and functionality of the goods. That means the return of the goods and the right of withdrawal can only be asserted on the part of the customer if he has properly and properly stored and transported the goods, the obligation to provide evidence lies with the customer.

             

            10. YOUTH PROTECTION

              10.1 The delivery and delivery of wine and spirits can only be made to persons over 18 years of age. In order to comply with the legal requirements, Weingut Karl Schnabel is entitled to hand over goods only after legitimation by means of an official photo ID. In the case of a justified refusal of handover, the customer is obliged to compensate for the damage actually incurred (e.g. costs of delivery).

              10.2 By placing the order, the customer assures that he or the recipient of the goods is older than 18 years.

               

              11. EDP PROCESSING AND CUSTOMER DATA

                The buyer agrees that the data specified in the sales contract and disclosed during registration will be stored and processed in compliance with the provisions of the data protection act. These data are used to the extent necessary to meet legal requirements, to process payment transactions and for customer care. As part of customer care, Weingut Karl Schnabel does not pass on the data to other companies. However, the buyer / customer agrees that the customer data necessary for shipping will be passed on to commissioned shipping partners. However, Weingut Karl Schnabel is not liable for compliance with the data protection law of these commissioned companies.

                 

                12. OTHER PROVISIONS

                  12.1 If individual provisions of these General Terms and Conditions are invalid, this does not invalidate the entire contract. The rest of the contract remains unchanged.

                  12.2 The place of performance for both Weingut Karl Schnabel and the buyer is the business address of Weingut Karl Schnabel.

                  12.3 For the decision of all disputes arising in connection with the contractual relationship, the competent court at the headquarters of the winery is exclusively responsible. The special statutory provisions for consumers remain unaffected.

                  12.4 The contract is subject to Austrian law.

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