General Terms and Conditions (GTC)

Weingut Hareter Thomas – Online Shop

Online Dispute Resolution

The European Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr/

1. SCOPE OF APPLICATION

  1. These General Terms and Conditions apply to the sale, auction, and delivery of goods by Weingut Hareter Thomas, headquartered at Untere Hauptstraße 73 A – 7121 Weiden am See.
  2. The General Terms and Conditions may be amended at any time by Weingut Hareter Thomas and shall apply in the version valid at the time of the customer’s order.
  3. Deviating terms and conditions shall not be valid unless Weingut Hareter Thomas has expressly agreed to them in writing or by email prior to accepting the order.
  4. By placing an order, the customer agrees to these General Terms and Conditions.
  5. The customer’s order constitutes a binding offer. Acceptance of the customer’s offer by Weingut Hareter Thomas occurs through the actual delivery of the ordered goods. Weingut Hareter Thomas reserves the right to reject an order without stating reasons.

2. PRICES AND SHIPPING COSTS

  1. The prices quoted are gross prices in Euro and include all statutory taxes and duties for deliveries within Austria. However, prices do not include packaging and shipping costs.
  2. For deliveries outside Austria, additional customs duties and/or taxes may apply, including import/export duties and excise taxes, which may result in changes to the quoted gross prices. Such duties and/or taxes shall be borne by the buyer. Deliveries outside Austria can only be made if no legal or disproportionate logistical obstacles exist.
  3. Prices stated in catalogs, brochures, price lists, etc. are always non-binding unless expressly stated otherwise. Prices for repeat orders are also non-binding.
  4. Prices are based on costs at the time of initial quotation. If costs change before the buyer places an order, Weingut Hareter Thomas is entitled to adjust prices accordingly. Binding prices are displayed in the online shop after correct selection in the shopping cart or, in the case of orders placed by post, telephone, fax, or email, in the written order confirmation.
  5. All shipping costs are borne by the buyer. Shipping costs are displayed in the online shop after correct selection in the shopping cart or, in the case of orders placed by post, telephone, fax, or email, in the written order confirmation.
  6. If your order includes goods subject to age restrictions, we ensure through the delivery service that the purchaser has reached the required minimum age. Delivery will only be made after age verification and personally to the purchaser.

3. PAYMENT AND ADVANCE PAYMENTS

  1. The purchase price is due upon conclusion of the contract, at the latest upon delivery of the goods. This also applies to partial deliveries. If delivery is agreed, delivery costs and any transport insurance requested by the buyer will be charged separately and are due upon delivery. If payment is not made in full upon delivery, the deliverer is entitled to reclaim the goods at the buyer’s expense. Legitimate complaints do not entitle the buyer to withhold the entire invoice amount, only a reasonable portion. Consumers may refuse payment in full if delivery has not been made in accordance with the contract or if performance is endangered by poor financial circumstances unknown at the time of contract conclusion. If appropriate security is offered, this right ceases.
  2. Weingut Hareter Thomas retains ownership of all goods until full payment of the purchase price and ancillary costs.
  3. If the buyer is in default of payment or other obligations, Weingut Hareter Thomas may:
    1. postpone fulfillment of its own obligations,
    2. extend delivery deadlines appropriately,
    3. declare the entire outstanding purchase price immediately due,
    4. charge default interest of 6% above the Austrian National Bank base rate, at least 10% per year plus VAT,
    5. withdraw from the contract after granting a reasonable grace period,
    6. claim reminder and collection costs necessary for legal enforcement.
  4. Discounts or bonuses are subject to full payment. No credit will be issued for remaining voucher balances. Voucher validity is governed by the date indicated.

4. TRANSFER OF RISK

  1. In the case of self-collection, risk transfers upon handover at the checkout.
  2. For deliveries, unless otherwise instructed, Weingut Hareter Thomas determines the shipping method and route. Risk transfers to the buyer upon handover to the carrier. Transport insurance is only arranged upon explicit request and at the buyer’s expense.
  3. For consumers, risk transfers upon delivery to the consumer or a designated third party, unless the consumer independently contracted the carrier.

5. RETURN OF GOODS AND RIGHT OF WITHDRAWAL

  1. Goods may be returned within 14 days from invoice date if unused, undamaged, in original packaging, and with original invoice. Promotional goods must be returned in full quantity. Refunds are issued as credit notes.
  2. Consumers who ordered via distance communication (post, phone, fax, email, online shop) may withdraw within 14 days from receipt of goods in accordance with §§ 11 FAGG.
  3. Consequences of withdrawal: Payments received will be refunded within 14 days. Refunds will be made using the same payment method. Goods must be returned within 14 days. The buyer bears return costs and risk.

6. ORDERS, DELIVERY TIME, OBSTACLES, WITHDRAWAL

  1. If ordered goods are not accepted, additional expenses may be charged.
  2. Orders are accepted subject to availability. Delivery obligations cease in cases of force majeure or circumstances beyond control.
  3. If delivery becomes impossible, either party may withdraw from the contract.
  4. For divisible services, withdrawal is not possible for deliverable parts. Unjustified cancellations entitle Weingut Hareter Thomas to 15% cancellation fee for stock goods.
  5. Changes or cancellations require written form.
  6. Online vouchers are subject to additional conditions stated online.

7. WARRANTY

  1. Warranty claims require immediate notification of defects.
  2. Warranty claims are limited to the purchase price of defective goods.
  3. Warranty obligations are fulfilled by replacement, repair, supplementary delivery, or refund.
  4. Consumers may request repair, replacement, price reduction, or cancellation under statutory provisions.
  5. Minor deviations and age-related changes do not constitute defects.
  6. No liability for color/taste variations within customary limits.
  7. Warranty is excluded after tasting, consumption, or processing.
  8. Points 7.6–7.7 do not apply to consumers.

8. LIABILITY FOR DAMAGES

  1. Liability is governed by statutory provisions; liability for slight negligence is excluded except for personal injury or product liability claims.
  2. Entrepreneurs must prove intent or gross negligence. Liability for loss of profit and consequential damages is excluded and limited to 10% of purchase price.
  3. Point 8.1 does not apply to consumers.

9. COLLECTION, DEFAULT OF ACCEPTANCE

  1. Goods must be collected within 14 days after notification.
  2. If not collected, storage fees of 5% per month may be charged or contract withdrawn with 10% handling fee.

10. PROTECTION OF MINORS

  1. Wine and spirits may only be delivered to persons over 18 years of age. Proof of age may be required.
  2. By placing an order, the customer confirms being over 18 years of age.

11. MISCELLANEOUS

  1. If individual provisions are invalid, the remainder remains unaffected.
  2. Place of performance is the business address of Weingut Hareter Thomas.
  3. Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
  4. Point 11.3 does not apply to consumers.