GENERAL TERMS AND CONDITIONS OF BUSINESS
General Terms and Conditions of Business
Weingut Fichtenbauer-Mold
Weinkellerei Helmut Mold e.U.
Rosenhügelweg 12
3550 Langenlois
Scope of application
1. These General Terms and Conditions of Business (GTC) apply to the sale and delivery of goods by Weinkellerei Helmut Mold e.U., part of Weingut Fichtenbauer-Mold (hereinafter referred to as “Weingut Fichtenbauer-Mold”, registered at Rosenhügelweg 12, 3550 Langenlois).
2. Weingut Fichtenbauer-Mold may amend these GTC at any time. The GTC are applicable as amended at the time the customer places an order.
3. Any terms and conditions that deviate from these GTC are not applicable unless Weingut Fichtenbauer-Mold agrees to such terms and conditions in writing or by email before accepting the order.
4. By placing an order, the customer agrees to these GTC.
Prices and shipping costs
1. Prices are quoted in euros per item and include all statutory taxes (VAT) and duties. However, quoted prices do not include any applicable shipping costs.
2. Binding prices are shown in the written order confirmation sent by Weingut Fichtenbauer-Mold (e.g. by email) when an order is placed.
3. The may be changed unilaterally by Weingut Fichtenbauer-Mold at any time for the purpose of concluding contracts in future.
4. Goods can only be delivered outside Austria if there are no legal or disproportionate logistical obstacles to delivery.
5. The buyer bears all costs arising from shipping. Shipping costs are shown in the written order confirmation sent by Weingut Fichtenbauer-Mold (e.g. by email) when an order is placed.
6. Deliveries are subject exclusively to our terms of delivery and payment as amended.
7. The customer must contact Weingut Fichtenbauer-Mold directly regarding orders where shipping to addresses outside the European Economic Area is required. Contact: Weingut Fichtenbauer-Mold, Rosenhügelweg 12, 3550 Langenlois, tel. 0043 (0)2734 3714, email: Weingut@fichtenbauer-mold.at
Payment and payment methods
1. Weingut Fichtenbauer-Mold accepts payments made using the following methods: transfer to one of our bank accounts or payment on account.
Volksbank Langenlois,
3550 Langenlois
Sort code: 47150
Account holder: Helmut MOLD
SWIFT: VBOEATWWNOM
IBAN: AT47 4715 0116 5371 0000
UniCredit Bank Austria,
3500 Krems an der Donau,
Sort code: 12000
Account holder: Helmut MOLD
SWIFT: BKAUATWW
IBAN: AT64 1200 0100 1129 1712
2. Payment is due when the order is placed, except in cases where payment on account is agreed.
Orders, delivery period, obstacles to delivery, and rescission
An offer is only deemed to have been accepted when Weingut Fichtenbauer-Mold ships the goods concerned. If Weingut Fichtenbauer-Mold is unable to fulfil an order for whatever reason, it will notify the customer of this by email.
1. When placing the order, the customer must specify the exact place of delivery. The customer is obliged to secure the ordered goods at the specified place of delivery. Weingut Fichtenbauer-Mold will send the customer a written order confirmation (including by email) containing all of the relevant order details.
2. Delivery will be carried out during normal business hours by a shipping partner commissioned by Weingut Fichtenbauer-Mold.
Retention of title
Weingut Fichtenbauer-Mold retains title to all goods until payment including any additional fees has been made in full.
Transfer of risk
When Weingut Fichtenbauer-Mold ships goods, the risk of loss of or damage to the goods is only transferred to the customer once the goods have been delivered to the customer or to a third party designated by the customer who is not the carrier. However, if the customer has concluded the contract of carriage without accepting a proposal made by, the risk is transferred as soon as the goods are handed over to the carrier.
Destruction of goods
Some of the goods offered by Weingut Fichtenbauer-Mold are individual items or goods that can no longer be procured. If these goods are damaged during shipping/transportation or are destroyed in any other way, the transaction no longer has any basis. In this case, Weingut Fichtenbauer-Mold is not obliged to fulfil the contract or provide the customer with a replacement. The customer will be refunded the full amount paid by means of the same payment method used by the customer when placing the order.
Warranty
1. Undertakings such as those regarding the usability or special properties of goods, or declarations made by employees of Weingut Fichtenbauer-Mold are non-binding and do not constitute express assurance as regards particular properties unless they are made in writing (including by email).
2. Warranty claims by business entities require that Weingut Fichtenbauer-Mold is notified without delay of any defects (e.g. broken wine bottles) – namely immediately upon acceptance in the case of recognisable defects, and upon discovery in the case of latent defects – and that the opened goods and original invoice are submitted to Weingut Fichtenbauer-Mold.
3. Warranty claims are limited to the price paid for the delivered defective goods.
4. Weingut Fichtenbauer-Mold will fulfil its warranty obligations at its discretion either by delivering goods that are free of defects, by rectifying the defects in question, by subsequently delivering missing goods or by cancelling the contract (i.e. repayment of the purchase price) within a reasonable period.
5. Regarding transactions with consumers, in the event of any defects the customer may, at their discretion and in compliance with the statutory provisions, request rectification of the defects, replacement of the item, a reasonable price reduction or cancellation of the contract.
6. Claims on grounds related to taste, customary or minor deviations in quality, quantity, colour, size, weight, equipment or design due to technical reasons, and age-related changes in taste, colour and packaging do not constitute grounds for warranty claims or constitute non-performance of the contract.
7. Weingut Fichtenbauer-Mold assumes no liability for conformity of reordered goods in terms of taste, colour or materials, for conformity with samples, or for conformity as regards any other characteristics of such goods. This also applies to goods ordered on the basis of samples, provided that the deviation in question is within customary or reasonable technical limits.
Cork taint and wine faults
Please note that no liability will be assumed for cork taint or oxidation. This will not be considered a defect and opened bottles cannot be returned.
Every (mature) bottle of wine not produced by Weingut Fichtenbauer-Mold has been stored and matured under specific conditions over which Weingut Fichtenbauer-Mold has no control. In addition, wine faults are perceived in different ways by different tasters, and Weingut Fichtenbauer-Mold does not assume any liability for this. Every customer is entitled to withdraw from a contract in accordance with these GTC as amended. If a customer receives a bottle that has visible defects (e.g. on the label or cap, or in the colour of the wine), it may be returned at any time and the price will be refunded. However, Weingut Fichtenbauer-Mold will not replace and will not refund the invoice amount for opened bottles.
Liability for damages
Weingut Fichtenbauer-Mold assumes liability for any damages in accordance with statutory provisions. However, liability for damages caused by minor negligence is excluded. This limitation on liability does not apply to claims arising from loss of life, physical injury or damage to health, or to claims made in accordance with the Austrian Produkthaftungsgesetz (Product Liability Act).
Protection of minors
1. Wine and spirits may only be sold and delivered to persons aged 18 or over.
2. By placing an order, the customer confirms that they or the recipient of the goods are 18 or over.
Other provisions
1. If individual provisions of a contract or these GTC are invalid, this will not affect the validity of the contract or these GTC as a whole. The remaining provisions of the contract or these GTC will remain unchanged.
2. The place of fulfilment for both Weingut Fichtenbauer-Mold and the customer is the business address of Weingut Fichtenbauer-Mold.
3. The competent court in Krems an der Donau will have sole jurisdiction to adjudicate on all disputes arising in connection with the contractual relationship.
4. Contracts concluded by us are subject to Austrian law, to the exclusion of referrals regarding conflicts of law in connection with intellectual property rights and of the UN Convention on Contracts for the International Sale of Goods.
5. The contractual language is German.
6. Online dispute resolution: the EU Commission provides a platform for online dispute resolution. The platform can be found athttp://ec.europa.eu/consumers/odr/
7. Concluding provisions
Any amendments to these GTC and all contracts concluded on the basis of these GTC must be made in writing. This also applies to deviations from the written form requirement. If individual provisions of these GTC contravene mandatory law, this will not affect the validity of the remaining provisions.