General Terms and Conditions
1. We only deliver according to our following terms of sale, payment and delivery, even if a reference is no longer expressly made later in the case of ongoing business relationships. Conflicting terms and conditions of the customer are not valid for us unless we expressly agree to them in writing.
2. Our offers are non-binding, information on products, services or prices can be changed by us at any time, unless they are expressly designated as binding. Our order confirmation is decisive for the content of the contract.
B. DELIVERY AND SHIPPING
1. We are entitled to deliver equivalent replacements for missing varieties and vintages, provided that the customer has not ruled this out. We are entitled to partial deliveries and partial services at any time. In the event of force majeure, the delivery obligation on our part does not apply.
2. Delivery times represent non-binding target values from which the customer cannot derive any claims.
3. The customer bears the shipping costs, unless otherwise agreed in writing.
C. PRICES, PAYMENT TERMS
1. Domestic prices apply ex works (Incoterm: EXW Stetten, Austria). Value added tax at the applicable statutory rate is added to the agreed domestic prices. The prices abroad apply according to the agreement or the order. All prices are given in euros (€).
2. Unless otherwise agreed in writing, our invoices are to be paid in advance without any deductions. If payment is not made on time, the customer is in default of payment without further reminders and is obliged to pay 9% interest above the base interest rate. In the event of a delay in payment, we are also entitled to suspend further services, to make them dependent on advance services by the customer or to refrain from further services.
3. In the case of payments via third parties, in particular within the framework of delcredere agreements, the goods are only deemed to have been paid for when we have received the payment to the account specified by us.
4. The customer is not entitled to assert a right of retention against our claims or to offset counterclaims unless they have been expressly recognized by us or have been legally established.
D. RESERVATION OF TITLE
1. The delivered goods remain our property (reserved goods) until all of our claims from the entire business relationship with the customer have been fulfilled in full. In the case of a current account, the retention of title applies as security for our balance claim.
2. The customer is entitled to resell the goods owned by us in the ordinary course of business under his normal conditions, as long as he is not in default of payment. In the event of resale, the claim from the corresponding legal transaction in the amount of our invoice value is already assigned to us. We hereby accept the declaration of assignment.
3. The assertion of the retention of title as well as a seizure of the delivery items by us do not count as withdrawal from the contract.
E. WARRANTY AND NOTICE
1. The customer must carefully inspect the delivery immediately after receipt, at the latest within 8 days, and immediately give written notice of any defects that can be identified, both with regard to the quantity and the quality of the delivered goods.
2. The delivery of insignificantly deviating articles as well as insignificant deviations in the quantity are permissible.
1. Customer claims for damages from the contract, from positive breach of contract, culpa in contrahendo and from tortious acts are excluded – especially with regards to consequential damage.
2. Our liability for contractual breaches of duty and liability from tort is limited to intent and gross negligence. Liability for slight negligence is excluded in any case.
G. APPLICABLE LAW, PLACE OF PERFORMANCE AND JURISDICTION
1. The place of performance and place of jurisdiction is the court responsible for our company headquarters. However, we are also entitled to sue the customer at the place of jurisdiction at his registered office. Austrian law applies (also in cross-border business) to the exclusion of the UN sales law and all provisions that refer to the UN sales law and the reference standards of Austrian international private law.
2. Should individual provisions of the contract with our customer or of these general terms and conditions be wholly or partially invalid, this shall not affect the validity of the remaining provisions.
3. The customer is informed in accordance with the GDPR that certain data will be stored by us. Further information: see data protection