General terms and conditions
Applicability and general
These General Terms and Conditions (hereinafter referred to as “GTC”) shall apply without exception to all legal transactions, deliveries and services concluded between Weingut Hannes Sabathi, owner Hannes Sabathi, Kranachberg 51, 8462 Gamlitz (hereinafter referred to as “Hannes Sabathi”) and the customer. By placing an order, the customer agrees to these General Terms and Conditions. The present General Terms and Conditions of Business may be amended by Hannes Sabathi at any time and shall apply in the version current at the time of the customer’s order. Deviating terms and conditions shall not be valid unless Hannes Sabathi has agreed to them in writing or by e-mail before accepting the order.
These GTC apply to both entrepreneurs and consumers, but to the latter only insofar as no mandatory provisions of the Consumer Protection Act or other laws conflict with them. Should individual provisions of these GTC be invalid in whole or in part, or become invalid due to statutory provisions, the validity of the remaining provisions shall not be affected thereby. Ineffective provisions shall be replaced by effective provisions that come closest to the original intended purpose.
Offers from Hannes Sabathi are always subject to change and non-binding unless explicitly agreed otherwise. The delivered items do not have to correspond exactly to the illustrations.
Conclusion of contract
Conclusion of the contract: The presentation of the products on our website is intended as an online catalogue. They are not legally binding offers on our part. By clicking the button “add to shopping cart” you can add the selected product to your order list. By clicking on the button “Order now with costs” you make a binding offer to purchase the items you have selected. You will automatically receive a confirmation of your order by e-mail. By sending this confirmation, we have accepted your offer. This concludes the contract.
Confirmation of order:
Immediately after we receive your order, you will receive an order confirmation to the e-mail address you have provided.
Delivery and shipping
Unless collection by the customer has been agreed, delivery shall be made to the address specified by the customer as soon as possible and within a reasonable period of time.
In the event that a delivery date cannot be met by Hannes Sabathi, the customer shall be informed thereof and notified of the new delivery date. If the ordered goods are not available despite confirmation of the order, the customer will be informed thereof without undue delay. In this case Hannes Sabathi shall be entitled to withdraw from the contract and not to deliver the ordered goods; any payment already made shall be refunded immediately. Force majeure or other unforeseen events shall release Hannes Sabathi from compliance with the stated delivery date.
Your parcels will be delivered by parcel service to the delivery address you have specified. Please ensure that you or a person authorised to take delivery of the goods can be reached at this address during daytime.
Within Austria, we charge shipping fees as follows:
From a value of goods of € 99,– we deliver free of charge in Austria.
For orders of less than € 99,– you will be charged a flat rate of € 8,00 for a box of 6 or € 12,00 for a box of 12 for transport and packaging within Austria.
Deliveries within the EU are possible:
To Germany we deliver free of charge from a value of goods of € 199,–, below that we charge € 9,00 for the 6-bottle carton or € 13,00 for the 12-bottle carton for transport and packaging.
Minimum order quantity is 6 bottles. For packaging reasons, we ask you to make sure that your order quantity is divisible by 6.
Withdrawal, right of revocation
You have the right to revoke your contractual declaration within 14 days without giving reasons. The revocation period is 14 days from receipt of this instruction in text form, but not before receipt of the goods by the recipient.
In order to exercise your right of revocation, you must inform Weingut Hannes Sabathi of your decision to revoke this contract by means of a clear declaration (letter, fax, e-mail). The timely dispatch of the revocation is sufficient to meet the revocation deadline. The written revocation is to be sent to: Weingut Hannes Sabathi, Kranachberg 51, 8462 Gamlitz, Austria Fax: +43 (0) 3453 2900 29 E-mail: firstname.lastname@example.org Consequences of revocation: In the event of an effective revocation, the services received by both parties shall be returned. 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 for this repayment. Hannes Sabathi may refuse repayment until it has received the goods back.
The customer must return or hand over the goods to Weingut Hannes Sabathi, proprietor Hannes Sabathi, Kranachberg 51, 8462 Gamlitz, Austria, without undue delay and in any case no later than fourteen days from the day on which the customer has informed Hannes Sabathi of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
The costs for the return shipment shall be borne by the buyer in any case.
If you are unable to return the goods received in whole or in part, or only in a deteriorated condition, you must compensate us for the loss in value. The customer only has to pay for any loss in value of the goods if this loss in value is due to handling on the part of the customer which is not necessary for checking the condition, properties and functioning of the goods.
Terms of payment, shipping costs, retention of title
The goods remain the property of Hannes Sabathi until full payment has been made by the customer.
Warranty and damages
Hannes Sabathi shall only be liable for damage caused by gross negligence or intent. Liability for slight negligence is excluded, as is liability for consequential damage, financial loss, loss of profit, savings not achieved or loss of interest. No liability exists for claims of third parties. Within the scope of application of the Product Liability Act, Hannes Sabathi shall be liable for personal injury as well as for property damage suffered by a consumer. Claims of a customer who is an entrepreneur under the Product Liability Act shall not exist.
Broken bottles shall be covered by the transport insurance. A photo of the shipping carton with the bottle neck still closed or screwed and unopened shall serve as proof.
The customer agrees that his or her data (acquired through the business relationship) may be stored and processed by Hannes Sabathi with the aid of automated systems and transmitted to the companies or persons involved in the business transaction. Otherwise, the data shall be treated confidentially in accordance with the Data Protection Act and protected from unauthorised access as far as possible. Customers who have a user account have the right to free information, correction, blocking and deletion of their stored data at any time. You can contact us regarding this matter in writing to the e-mail address email@example.com, by telephone on +43 3453 2900 or by post to the registered office stated in the imprint. This right is only limited insofar as we can suspend the deletion to protect our claims.
Jurisdiction and applicable law
For all disputes arising from the relationship between Hannes Sabathi and the customer, it is agreed that the competent court in Leibnitz shall have jurisdiction, unless mandatory statutory provisions are opposed thereto. Hannes Sabathi shall also be entitled to bring an action at the general place of jurisdiction of the customer. Austrian law shall apply to the exclusion of the conflict-of-law rules. The application of the UN Convention on Contracts for the International Sale of Goods shall be excluded. The contractual language shall be German.
Protection of minors
The delivery of wine and spirits can only be made to persons over 18 years of age. In order to comply with legal regulations, we are entitled to hand over goods only after legitimation by means of an official photo ID. In the event of a justified refusal to hand over the goods, the customer shall be obliged to pay compensation for the damage actually incurred.
Unless otherwise stated, all prices are per bottle in EURO including all statutory duties and taxes for customers from Austria plus all expenses incurred in connection with the shipment. The prices at the time of the order shall apply. Instead prices are the previous sales prices. In case of delivery outside Austria, prices may change due to different taxes and duties. Unless otherwise agreed, the purchase price is due without any deduction at the time of ordering.
We offer the following payment options in our online shop: Credit card (MasterCard, Visa), instant bank transfer. Your account will be debited when the goods are ordered. The prices stated in Hannes Sabathi’s online shop apply exclusively to e-commerce orders.
Shipping and transport costs see point 4.5. The customer undertakes to report any defects immediately and with a precise description of the defect and to return the goods together with a copy of the invoice in the event of any other loss of his claims. We guarantee full compensation for damages and impairments occurring during transport under the following conditions: The incoming goods must be checked immediately for correctness and completeness. Any complaints must be confirmed by the transport company. Any complaint about the goods must be notified to us within 48 hours.
The warranty shall be provided by replacing the item within a reasonable period of time. Hannes Sabathi shall have the right to choose in this respect. In the event of consumption of the goods which goes beyond tasting in small quantities to check for any defects, any warranty shall be excluded.
The crystallisation of tartar is a natural process and not a reason for complaint. A warranty claim is in any case limited to the invoice value of the delivered defective goods.