General Terms and Conditions of Kellerkünstler Weinhandel KG

Status 04.04.2020

Scope

These General Terms and Conditions (GTC) apply to the sale and delivery of goods by Kellerkünstler Weinhandel KG with its registered office and business address in 1070 Vienna, Westbahnstrasse 44/5, FN517902x.

Account: AT40 2011 1841 8877 7600 / Email: office@kellerkuenstler.at

By placing an order in our online shop, the buyer agrees that these GTC become part of the contract.

Offer

The buyer's order constitutes a binding offer. A contract is only concluded after acceptance on our part; we are entitled to reject an offer without giving reasons. The presentation of the wines in our online shop is not legally binding, it is a mere invitation to the buyer to make an offer.

A valid offer exists if all mandatory fields marked with "*" in the order form are filled in. If any information is missing or if we are unable to fulfil the order for any other reason, the buyer will receive an error message. There is also a correction option before the order is finally sent.

As soon as the order process has been completed and the offer has been received by us, the buyer will receive a confirmation of receipt by email. This serves as information and does not constitute acceptance of the offer.

Conclusion of contract

The contract is concluded when we send the buyer a confirmation that the order has been processed and that payment has been received.

The acceptance of an order is subject to delivery possibilities.

Contract storage

The purchase contract is not stored by us. If the buyer wishes to print out the text of the contract after placing his/her order, he/she can proceed as follows: The buyer will receive the purchase contract via email and can save and print it there.

Prices and shipping costs

All prices are total prices in euros including all taxes including VAT and duties as well as shipping costs, unless these are shown separately.

Payment methods

We accept the following payment methods/credit cards: Sofortüberweisung, Visa, Master Card and American Express.

Due date / advance payment

If no other method of payment has been agreed, the buyer / purchaser undertakes to pay the purchase price in full in advance. The goods will only be delivered after the full amount has been credited to our bank account: AT40 2011 1841 8877 7600.

Delivery period

The delivery modalities are determined by Kellerkünstler Weinhandel KG; the shipping costs are borne by the buyer.

We generally deliver within 3-5 working days. This period begins with receipt of payment of the purchase price on our bank account. We indicate any deviating delivery times on the respective product page. However, our information on delivery times is non-binding. Partial deliveries are permissible. Compensation payments due to late delivery are excluded.

Risk assumption

The risk of loss or damage to the goods shall pass to the buyer as soon as the goods have been handed over to him/her or delivered to the specified delivery address.

Delivery restriction to Austria

The webshop is focused on Austria. We only deliver within Austria.

Self-collection

You can also collect your purchased goods yourself by prior arrangement at the following address: Westbahnstrasse 44/5 1070 Vienna. Current opening hours vary and can be requested by telephone on 0660/6374200. You will be informed by email as soon as the goods are ready for collection. The goods are available for collection for 14 days.

Retention of title

The goods remain our property until the purchase price has been paid in full.

Right of withdrawal (right of revocation)

You have the right to cancel this contract within 14 days without giving any reason.

The revocation period begins on the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us [name, address, e-mail address] by means of a clear declaration (e.g. letter sent by post, e-mail) of your decision to withdraw from this contract. You can use the cancellation form enclosed with the delivery for this purpose. Sample cancellation form use, but this is not mandatory.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.

If you withdraw from this contract, we must refund all payments we have received from you without delay and at the latest within 14 days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction; in no case will you be charged any fees because of this repayment. However, we may refuse repayment until we have returned the goods to you.

or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return the goods to us immediately and in any case no later than 14 days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the deadline expires.

You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for testing their condition and properties.

Warranty

The statutory warranty regulations shall apply. The warranty period for the delivery of movable goods is two years from the date of acceptance of the goods.

Complaints on the basis of statutory warranty claims or other complaints can be asserted under the contact details stated in the imprint.

Youth protection

The sale and delivery of wine and spirits can only be made to persons over 18 years of age. By placing the order, the buyer assures that he/she or the recipient of the goods is over 18 years of age.

In order to comply with the statutory provisions, delivered goods can only be handed over if the transferee can present an official photo ID as proof of age. In the event of a justified refusal to hand over the goods, the buyer shall be obliged to pay compensation for the damage actually incurred.

Contract language

The contractual language is German.

Applicable law

The contract is subject to Austrian law.