Terms and Conditions (GTC)
Winery Hareter Thomas – Online Shop
Online Dispute Resolution
The EU Commission has provided an online platform for online dispute resolution under the following link:
https://ec.europa.eu/consumers/odr///ec.europa.eu/consumers/odr/
1. SCOPE OF APPLICATION
These general terms and conditions apply to the sale, auction and delivery of goods by the winery Hareter Thomas with the registered office and the business address Untere Hauptstraße 73 A – 7121 Weiden am See.
The general terms and conditions can be changed by the Hareter Thomas winery at any time and apply in the current version at the time of the customer’s order.
Deviating terms and conditions are not valid, unless Weingut Hareter Thomas has agreed to this before acceptance of the order in writing or by e-mail.
By placing an order, the customer agrees to these terms and conditions.
The order of the customer represents a binding offer. The acceptance of the offer of the customer by Weingut Hareter Thomas is made by factual delivery of the ordered goods. Winery Hareter Thomas is entitled to refuse an order without giving reasons.
2. PRICES AND SHIPPING COSTS
The prices offered for the goods are gross prices in euros and include all statutory taxes and duties for domestic deliveries. The offered prices, however, do not include any packaging and shipping costs.
Deliveries outside of Austria may incur additional costs and duties, including any import or export duties and any excise duties that may lead to a change in the gross prices offered. Such duties and / or duties are to be borne by the buyer in the respective legal amount. In addition, deliveries outside of Austria can only take place if the delivery is not precluded by legal or disproportionate logistical obstacles.
The prices quoted in catalogs, brochures, price lists, etc. are – unless expressly stated otherwise in individual cases – always non-binding. For reorders the prices are also without obligation.
The prices are based on the costs at the time of the first quotation. If the costs change by the time the order is placed by the buyer, Winery Hareter Thomas is entitled to adjust the prices accordingly. The binding prices are displayed in the online shop after correct selection in the shopping cart, and in an order submitted by post, telephone, fax or e-mail in the winery Hareter Thomas in writing (including by fax or e-mail) issued order confirmation.
All costs incurred by shipping are borne by the buyer. The cost of delivery will be displayed when ordering in the Internet online shop after correct selection in the shopping cart, and in an order submitted by mail, telephone, fax or e-mail in the winery Hareter Thomas in writing (including by fax or e-mail) delivered order confirmation.
If your order includes goods whose sale is subject to age restrictions, we will ensure by the deliverer that the customer has reached the required minimum age. The deliverer delivers the goods only after the age check and only to the customer personally.
3. PAYMENT AND DEPOSITS
The purchase price is due upon conclusion of the contract, at the latest upon delivery of the goods. This also applies to partial deliveries in which the purchase price for the respectively delivered partial quantities is to be paid.
If delivery with delivery has been agreed, these and any transport insurance requested by the buyer (see point 4) will be charged separately. The fee for this is due upon delivery of the goods. If the invoiced price is not paid in full upon delivery, the bearer of the goods is entitled to take these back at the expense of the buyer. Justified complaints do not entitle the buyer to withhold the entire, but only a reasonable part of the invoice amount. In the case of transactions with consumers, the latter may refuse payment in full if Winery Hareter Thomas has not provided the delivery in accordance with the contract or if the provision is jeopardized by the poor financial circumstances that the consumer was neither aware of nor had to be aware of at the time the contract was concluded. If Winery Hareter Thomas offers adequate security, this right to refuse payment shall cease to apply.
Winery Hareter Thomas retains ownership of all goods until full payment of the purchase price including ancillary charges.
If the buyer is in arrears with the payment or other services, Winery Hareter Thomas can:
1. postpone fulfillment of its own obligations until the payment of arrears or other benefits has been effected,
2. make use of a reasonable extension of the delivery period corresponding to the default of the customer,
3. the full or open purchase price immediately due (loss of date); this also applies to the agreement of a payment in installments with the consumer on the condition that winery Hareter Thomas has already provided its services, at least a backward performance of the consumer is due for at least 6 weeks and winery Hareter Thomas the consumer under threat of loss of time and setting a grace period has at least 2 weeks unsuccessfully reminding, with the installments immediately due to be deducted, taking into account a deduction for the interest corresponding to the remaining term,
4. Default interest of 6% above the base rate of the Oesterreichische Nationalbank, at least 10% per year, plus VAT, and
5. in the event of non-observance of a reasonable period of grace withdraw from the contract, as well as
6. Buyer must covert the dunning and collection charges incurred, insofar as they are necessary for appropriate legal action and are in reasonable proportion to the claim being pursued, whereby the Buyer is obliged to pay a maximum of the compensation of the involved collection agency resulting from the Regulation of the BMWA on the maximum rates of collection agencies. In addition, any further damage, in particular the damage resulting from the fact that due to non-payment correspondingly higher interest on any credit costs incurred by Winery Hareter Thomas, irrespective of fault on late payment to replace.
7. Discounts or bonuses granted are conditional upon receipt of full payment. When paying with vouchers, no credit can be issued for any remaining amounts. The redemption period of goods vouchers / purchase vouchers etc. depends on the date indicated on the vouchers / purchase vouchers etc.
4. HAZARDOUS TRANSFER
If the goods are picked up by the buyer, use and risk are transferred to the buyer at the latest with the handover at the cash desk.
Upon delivery winery Hareter Thomas determines – in the absence of any special instruction by the buyer – as agent of the buyer transport and transport route. Upon delivery, use and risk are transferred to the buyer with the handover of the goods from Winery Hareter Thomas to the carrier. The delivery is thus at the expense and risk of the buyer. The covering of the delivery by a transport insurance takes place only on express instruction of the buyer and on its costs.
Upon delivery winery Hareter Thomas determines – in the absence of any special instruction by the buyer – as agent of the buyer transport and transport route. Upon delivery, use and risk are transferred to the purchaser, as far as he is a consumer within the meaning of the Consumer Protection Act, as soon as the goods are delivered to them or to a third party specified by the latter and different from the transporter. However, if the consumer himself has concluded the contract of carriage without using a selection option proposed by Winery Hareter Thomas, the risk is transferred to the carrier upon delivery of the goods.
5. RETURN OF GOODS AND RIGHT OF WITHDRAWAL
Winery Hareter Thomas is ready to revoke their purchased goods against reimbursement of the full purchase price under the following conditions: The return must be within 14 days from date of invoice in the original box, undamaged and on presentation of the original invoice. Featured special offers are withdrawn exclusively in the purchased total. The redemption takes place at the price valid at the time of the original purchase. The refund of the purchase price is in the form of a credit note.
If the buyer is a consumer within the meaning of the Consumer Protection Act and has placed his order by post, telephone, fax, e-mail or via the Internet online shop, he may, in accordance with §§ 11 FAGG and in derogation from item 5.1 within fourteen days from the day of receipt of the goods at the buyer’s resignation from the purchase contract. The revocation 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 period of revocation begins as soon as the buyer or a third party named by him has taken over the last part shipment, the last good or the last part. The day of the acquisition is not included in the maturity period. Saturdays, Sundays and public holidays are included in the calculation of the deadline. In order to safeguard the withdrawal period, the timely dispatch of the declaration of withdrawal or the return of the goods is sufficient.
In order to exercise your right of withdrawal, you must inform Hareter Thomas by means of a clear statement (such as a letter or e-mail sent by post) of your decision to withdraw from this contract. In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation: If you revoke this contract, Winery Hareter Thomas has to repay payments received from you immediately and at the latest within fourteen days from the day on which the notification of your revocation of this contract at Winery Hareter Thomas has been received. Winery Hareter Thomas uses the same method of payment that you used in the original transaction, unless otherwise agreed with you. In no case will you be charged for this repayment fees. Winery Hareter Thomas may refuse to repay you until the goods have arrived or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods immediately and in any event no later than fourteen days from the day on which you inform Winery Hareter Thomas of the revocation of this contract to Winery Hareter Thomas Untere Hauptstraße 73 A – 7121 Weiden am See. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the immediate costs and the risk of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.
6. ORDERS, DELIVERY PERIOD, DELIVERY DISCLAIMERS, WITHDRAWAL FROM THE CONTRACT
In the case of non-acceptance of ordered goods Winery Hareter Thomas is entitled to replace the resulting additional expenses such. frustrated transport costs. This does not apply if Winery Hareter Thomas does not provide its services in accordance with the contract.
The acceptance of orders is subject to the delivery options. Winery Hareter Thomas reserves the right to allocate smaller quantities to customers if they over-subscribe to a product. If the delivery or the adherence to an agreed delivery period is impossible due to circumstances not attributable to Winery Hareter Thomas, the delivery obligation expires on the scheduled delivery date. The circumstances not attributable to Winery Hareter Thomas include in particular: difficulties in obtaining goods or materials from third parties, breakdowns, traffic disruptions, lockouts and strikes and all cases of force majeure. Winery Hareter Thomas will in such cases contact the buyer immediately to arrange a replacement date for the prevented delivery. If the purchaser of Winery Hareter Thomas is offered a new delivery date not later than two weeks after one of the originally agreed delivery dates, and delivery is properly carried out for this new date, timely delivery by Winery Hareter Thomas within the meaning of Purchase contract.
If winery Hareter Thomas can not offer the buyer a new delivery date according to point 6.2 or the new delivery date from the cases mentioned in point 6.2 (impossibility of delivery on the agreed date for reasons not attributable to winery Hareter Thomas), is Hareter Thomas is entitled to withdraw from the contract in whole or in part, without being liable for damages. Likewise, in these cases the buyer can withdraw from the contract.
In the case of divisible services, the purchaser has no right of rescission regarding deliverable parts, insofar as parts of the service can be fulfilled and used by the purchaser. Under the same conditions, or if the remaining parts can be replenished in time (in the sense of point 6.2), the buyer is not entitled to refuse the acceptance of partial deliveries.
If the buyer unjustifiably declares that he does not want to cling to the contract (“Storno”) and winery Hareter Thomas agrees in writing (including by fax or e-mail), Winery Hareter Thomas is entitled to 15% of the stock items Purchase price as liquidated damages (“cancellation fee”). For ordered goods, such contract termination is excluded. Deviating from this, the statutory rights of withdrawal without a cancellation fee remain in force for consumers in accordance with §§ 5e – 5h of the Consumer Protection Act (see also point 5.2).
Changes or cancellations of orders by the buyer must be made in writing (including by fax or e-mail). Winery Hareter Thomas reserves the right to accept declarations in any other form, which will only become effective upon written confirmation by Winery Hareter Thomas (including by fax or e-mail).
Online vouchers are subject to the conditions stated on the internet.
7. WARRANTY
1. Warranty claims require that defects at Winery Hareter Thomas be reported immediately, and that recognizable defects immediately upon acceptance, hidden defects after discovery, and on presentation of the goods in stock and original invoice.
2. A warranty claim is in any case limited to the purchase price of the delivered and defective goods.
3. Winery Hareter Thomas fulfills its warranty obligations at its discretion either by delivery of goods free of defects, improvement, subsequent delivery of shortages or reversal of the contract (i.e. repayment of the purchase price) within a reasonable period.
4. For businesses with consumers in the sense of the Austrian consumer protection law applies to Steller the points 7.1. to 7.4. that the customer in the event of a defect at his option and in compliance with legal requirements, improvement, exchange of goods, reasonable price reduction or conversion can covet.
5. Flavors, commercial or minor, technical deviations of quality, quantity, color, size, weight, equipment or design as well as age-related changes of taste, color and packaging are neither warranty defects nor non-performance of the contract.
6. Winery Hareter Thomas is not responsible for the taste, color, material and pattern conformity or other conformity characteristics of reordered goods. The same applies to goods ordered according to sample, insofar as the deviation is within the commercial and technical limits.
7. After tasting, consumption or begun processing or processing of the goods, any warranty is excluded.
8. For transactions with consumers within the meaning of the Consumer Protection Act, points 7.6 to 7.7 do not apply.
9. COLLECTION, ACCEPTANCE OF THE PURCHASER
At Winery Hareter Thomas ordered or picked goods should be collected within 14 days from notification or picking. Any longer storage period up to a maximum of 4 weeks must be agreed and recorded by computer on the order or invoice.
If the goods are not picked up or taken over within this period, Winery Hareter Thomas has the right to either store the goods at the buyer’s risk and charge a storage fee of 5% of the invoice amount per commenced month plus sales tax and insist on fulfillment of the contract , or after setting a grace period of 2 weeks to withdraw from the contract and resell the goods to another customer, in which case the buyer has to pay an immediately due handling fee of 10% of the purchase price plus VAT.
8. LIABILITY FOR DAMAGES
Winery Hareter Thomas is liable for damages according to the legal regulations. Liability for negligently inflicted damage is excluded. The limitation of liability does not apply to damages resulting from injury to life, body or health of persons and claims under the Austrian Product Liability Act.
2. Entrepreneurs have to prove the presence of intent or gross negligence. For entrepreneurs, the liability for lost profits and other consequential damages is excluded. Furthermore, the liability is limited to 10% of the purchase price. The replacement of (defect) consequential damage, other property damage, financial loss and damage from claims of third parties against the customer is also excluded from entrepreneurs.
3. For transactions with consumers within the meaning of the Austrian Consumer Protection Act, section 8.1 does not apply.
10. YOUTH PROTECTION
The delivery of wine and spirits can only be made to persons over the age of 18 years. To comply with the statutory provisions Winery Hareter Thomas is entitled to deliver goods only after legitimacy by an official photo ID. In case of legitimate refusal of surrender, the customer is obliged to reimbursement of the damage actually incurred (for example, cost of delivery).
By placing the order, the customer assures that this or the recipient of the goods is older than 18 years.
11. OTHER PROVISIONS
If individual provisions of the contract or these general terms and conditions are invalid, this does not invalidate the entire contract or the entire terms and conditions. The remaining contents of the contract and the remaining terms and conditions remain unchanged.
The place of performance for both Hareter Thomas and the buyer is the business address of Winery Hareter Thomas
The contract is subject to Austrian law excluding the UN sales law.
For transactions with consumers within the meaning of the Consumer Protection Act, point 11.3 does not apply.
