Last updated: April 2022
1.1 These General Terms and Conditions (“GTCs”) apply to contracts concluded between ÖWI Handels-GmbH, Josef-Hafner-Straße 4, 2100 Korneuburg, Austria, tel.: +43 2262 625 46, fax: +43 2262 625 46 9, email@example.com (“we”, “us”) and the customer (consumer or company) on our online shop www.shop.oesterreichwein.at (“online shop”).
1.2 The customer is deemed to accept these GTCs by clicking on the corresponding tick box and submitting their contractual declaration (see section 2). Contracts may only be concluded subject to these GTCs. Deviating, contradictory, restrictive or supplementary Terms & Conditions and provisions of the customer must be expressly agreed to by us so that these become a component of the contract in that instance. In particular, any actions that we take to fulfil the contract are not deemed to be an acceptance of any terms that deviate from our GTCs.
Conclusion of contracts
2.1 Requirements for the conclusion of a contract
2.1.1 The customer must be at least 18 years of age and have full legal capacity. If the customer is a consumer, they may place orders on the online shop either as a guest and as a registered user. If the customer is a company, they must register on our online shop in order to be able to place an order.
2.1.2 Customers who wish to set up a user account must enter their data on the online shop and select a password. When registering, the customer confirms the accuracy of their information, in particular their name, address, contact details and, if a company, specific B2B details (such as their trade license). The user account is activated upon conclusion of the registration process. The customer shall ensure the confidentiality of their log-in data to the extent possible.
2.2 Order process
2.2.1 Products shown on our website are not offers in the legal sense of the term. Offers are only made by the customer in accordance with section 2.2.2.
2.2.2 The customer submits an offer in our online shop by ordering the item. The customer’s offer becomes binding for them when they click on the “Confirm purchase” button. The customer is bound by their offer for 14 days.
2.2.3 After submitting their order to us, the customer is sent a separate, automated confirmation of receipt of their order(s). This confirmation does not constitute acceptance of the offer. The offer is first accepted by us by way of a separate, written order confirmation or by the actual delivery of the ordered goods within 14 days of the customer submitting the order. We are entitled to decline an order without having to give a reason.
3. Prices and shipping costs
3.1 The prices shown in the online shop for guest orders and registered consumers are end consumer prices that include VAT and packaging.
3.2 If the customer is a company and has registered with their own user account, they will be shown the prices for B2B customers.
3.3 All additional shipping, dispatch, delivery and other costs are shown to the customer before they submit their order, provided these costs can be reasonably calculated in advance. If these costs cannot be reasonably calculated in advance, we will advise the customer of any potential other additional costs before the customer submits the offer.
4. Terms of payment
4.1 The purchase price is immediately due for payment in full and without discount upon our acceptance of the offer and therefore on conclusion of the contract before the ordered products are delivered, unless otherwise agreed in writing. We also offer payment on account to companies. In this case, the purchase price is due for payment by bank transfer to our account within 30 days at the very latest. A discount of 2% of the net amount applies to payments made within 14 days.
4.2 It is also possible to pay the purchase price by prepayment, SOFORT Banking direct transfer or credit card.
4.3 If the customer defaults on payment for which they are to blame, we will charge annual statutory default interest at 4% for transactions with consumers and 9.2 percentage points over the base rate for transactions with companies. We are also entitled to charge compound interest in the amount of 4 percentage points from the due date of the payment.
4.4 If a consumer defaults on payment for which they are to blame, they hereby undertake to pay any reminder fees and debt collection expenses that are actually incurred and necessary as a result of legal action, in particular the cost of any debt collection agencies engaged in accordance with the respective valid regulations governing the maximum fees for debt collection and the legal fees of lawyers in accordance with the Austrian Lawyers’ Fees Act (Rechtsanwaltstarifgesetz).
If a company defaults on payment, they hereby undertake to pay a lump sum in the amount of EUR 40 per operational event for any operating costs regardless of the invoice amount, in addition to payment in accordance with section 6.1. Furthermore, they are strictly liable to reimburse any further losses, in particular but not limited to losses that also arise as a result of non-payment, for example, any corresponding higher interest incurred on any of our loan accounts.
5. Terms of delivery
5.1 Deliveries shall be made to the delivery address provided by the customer. Any costs incurred as a result of the customer culpably providing an incorrect delivery address shall be borne by the customer.
5.2 If the customer is a company, the following also applies: The risk of accidental loss or deterioration of the goods passes to the customer upon handover to the carrier, provided the goods have been paid for in full and therefore ownership has passed to the customer.
6. Right of withdrawal
6.1 If the customer is a consumer as defined in the Austrian Consumer Protection Act (KSchG) and has concluded the contract that is based on these GTCs at distance or outside of our business premises, they have the right to withdraw from this contract within fourteen days without giving reasons.
6.2 This time limit is fourteen days from the day on which the customer, or a third party stipulated by the customer who is not the carrier, takes possession of the goods.
6.3 To exercise their right of withdrawal, the customer must send us (ÖWI Handels-GmbH, Josef-Hafner-Straße 4, 2100 Korneuburg, Austria, tel.: +43 2262 625 46, fax: +43 2262 625 46 9, firstname.lastname@example.org) an unambiguous declaration (such as a letter sent by post, fax or email) regarding their intent to withdraw from this contract. The customer may use the sample withdrawal form below for this purpose; however, it is not mandatory to do so.
6.4 The withdrawal period will be deemed to have been met if the customer despatches the declaration exercising their right of withdrawal prior to expiry of the withdrawal period.
Consequences of withdrawal
6.5 If the customer withdraws from this contract, we shall refund all payments we have received from them, including delivery costs, (excluding any additional costs resulting from their choice of a different delivery method than the cheapest standard delivery offered by us) without delay and within fourteen days at the latest from the date on which we received their letter stating their intent to withdraw from the contract. We will use the same method of payment that the customer used for the original sales transaction for this refund, unless anything to the contrary has expressly been agreed with the customer. We will never charge the customer any fees for paying such a refund.
6.6 We may refuse to process the reimbursement until we have received the goods back or until the customer has provided evidence that they have sent the goods back, whichever is earliest.
6.7 The customer must return the goods to us at ÖWI Handels-GmbH, Josef-Hafner-Straße 4, A-2100 Korneuburg, Austria immediately, and no later than within fourteen days from the day they informed us they wished to withdraw from this contract. The deadline will be met if the customer dispatches the goods before expiry of the period of fourteen days.
6.8 The customer shall bear the direct costs of returning the goods.
6.9 The customer must only cover any loss in value if this loss in value is due to any handling of the goods that was not necessary in order to inspect the condition, properties and function of the goods.
6.10 Exceptions to the right of withdrawal
The customer has no right of withdrawal when concluding contracts for:
- goods that have been produced in accordance with the customer’s specifications or clearly tailored to personal requirements;
- goods that could spoil quickly or that would soon be beyond their expiry date;
- goods that are delivered sealed and that are not suitable to be returned for health or hygiene reasons if the seal has been removed after delivery;
- goods that have been mixed with other goods after delivery and cannot be separated due to their nature.
6.11 Sample withdrawal form
The customer may use the following form and send it to us using the contact details below if they want to withdraw from the contract.
ÖWI Handels-GmbH, Josef-Hafner-Straße 4, 2100 Korneuburg, Austria, tel.: +43 2262 625 46, fax: +43 2262 625 46 9, email@example.com
I/we (*) hereby withdraw from the contract concluded by myself/us (*) for the purchase of the following goods (*):
Ordered on (*)/received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only required if the withdrawal is submitted on paper)
(*) Please delete as appropriate.
7.1 In the event of defects in the goods the statutory warranty terms apply to customers, provided nothing is agreed to the contrary below with regard to companies.
7.2 If the customer is a consumer as defined in the Austrian Consumer Protection Act (KSchG), they shall inspect the completeness and correctness of the goods to the extent possible upon receipt, and ensure that they are free of defects, in particular by checking the integrity of the packaging. In the event of any defects, the customer shall inform us of this by sending an email to firstname.lastname@example.org giving a short description of the defect(s). This merely ensures that any defect notifications are handled quickly and efficiently. Breaching this obligation does not result in any restriction of the consumer’s statutory warranty rights.
7.3 If the customer is required to send the goods back to us and the goods are indeed defective, we shall bear the corresponding costs. Otherwise the consumer shall bear all costs of returning the goods. Defective goods must therefore only be returned to us if we expressly ask the customer to do this.
7.4 If the customer is a company, they shall inspect the completeness and correctness of the goods to the extent possible upon receipt, and ensure that they are free of defects, in particular by checking the integrity of the packaging. In the event of any defects, they shall inform us of these by sending an email to email@example.com no later than four calendar days from receipt of the goods. If defects are not reported by the company within this period, the delivery is deemed to be accepted and thus all claims, such as warranty claims, claims for avoidance on the grounds of error or claims for damages, lapse if a discrepancy or fault is later determined (section 377 of the Austrian Business Code (UGB)). This also applies with regard to any incorrect deliveries or discrepancies in the delivery quantities. The period for asserting any warranty claims is restricted to one year from the conclusion of the contract regardless of this.
7.5 If the customer is a company, the legal remedy that we use to rectify a defect reported in good time is at our sole discretion. We are also entitled to change the agreement immediately.
7.6 If the customer is a company, they shall bear the cost of returning the goods for rectification or exchange.
8.1 We are liable for losses in accordance with statutory provisions. Liability for losses caused by simple negligence is, however, excluded. This restriction of liability does not apply to losses resulting from injury to life, body or health, claims in accordance with the Austrian Product Liability Act and claims resulting from the breach of fundamental contractual obligations.
8.2 If the customer is a company, the burden of proof lies with them in the event of intentional acts or omissions, or gross negligence, and claims for damages shall be asserted within one year of the transfer of risk. The provisions regarding damages contained in these GTCs or otherwise agreed also only apply if the claim for damages is asserted in addition to or instead of a warranty claim.
8.3 General recourse claims within the meaning of section 12 of the Austrian Product Liability Act are excluded if the customer is a company, unless the party entitled to recourse can prove that the defect was caused within our sphere of influence and was, at least, caused by gross negligence.
9. Right of retention
If the customer is a company with a justified complaint, this does not entitle them to retain the entire invoice amount, merely a reasonable part thereof. This does not restrict the statutory right of retention of consumers in any way.
10. Jurisdiction and applicable law
10.1 Sole jurisdiction ratione loci and ratione materiae is vested in the competent court responsible for 1010 Vienna for all disputes arising from this contract for transactions entered into with companies and transactions entered into with consumers who, at the time a claim is filed, do not have their domicile or place of habitual residence in Austria but are employed in Austria. This does not affect our right to file a claim with a court other than the competent court responsible for the customer in this case.
10.2 This contract is solely governed by the substantive laws of the Republic of Austria excluding the conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law shall only apply as long as it is not superseded by the mandatory rules of the law of the country in which the consumer has their habitual residence.