Terms and Conditions (GTC)
Joseph II. Heurigenbetriebs GmbH
(1) These general terms and conditions apply to the sale, auction and delivery of goods by Joseph II. Heurigenbetriebs GmbH (hereinafter referred to as "JOSEPH II.") With the company headquarters and business address in A-1010 Vienna, Kantgasse 3/6.
(2) The general terms and conditions can be changed by "JOSEPH II." At any time and apply in the version current at the time of the customer's order.
(3) Deviating terms and conditions are not valid, unless "JOSEPH II." Has agreed to them in writing or by email before accepting the order.
(4) By placing an order, the customer agrees to these general terms and conditions.
(5) The customer's order represents a binding offer. The acceptance of the customer's offer by "JOSEPH II." Takes place through the actual delivery of the goods ordered. "JOSEPH II." Is entitled to refuse an order without giving reasons.
2. PRICES AND SHIPPING COSTS
(1) The prices offered for the goods are gross prices in euros and include all statutory taxes and duties for domestic deliveries. However, the prices offered do not include any packaging and shipping costs.
(2) For deliveries outside Austria, additional customs duties and / or charges may apply, including any import or export taxes and any consumption taxes that may lead to a change in the gross prices offered. Such duties and / or charges are to be borne by the buyer in the respective statutory amount. In addition, deliveries outside Austria can only take place if there are no legal or disproportionate logistical obstacles to the delivery.
(3) The prices given in catalogs, brochures, price lists, etc. are - unless expressly stated otherwise in individual cases - always non-binding. The prices are also non-binding for reorders.
(4) The prices are based on the costs at the time of the initial quotation. Should the costs change by the time an order is placed by the buyer, "JOSEPH II." Is entitled to adjust the prices accordingly. The binding prices are displayed in the Internet online shop after correct selection in the shopping cart, and in the case of an order placed by post, telephone, fax or e-mail in the one made by "JOSEPH II." In writing (including by fax or e-mail) Order confirmation shown.
(5) The buyer bears all shipping costs. The costs of delivery are shown in the shopping cart after correct selection when ordering in the Internet online shop, and in the case of an order placed by post, telephone, fax or e-mail in the form of "JOSEPH II." In writing (including by fax or email Mail) issued order confirmation.
(6) From a gross price of currently EUR 25, "JOSEPH II." Will cover the costs of standard delivery within Austria.
(7) For the remaining states of the Schengen area, the actual delivery costs incurred will be invoiced and their amount will be shown according to point 2.5 after correct selection in the shopping cart and in the order confirmation. For deliveries outside the Schengen area, deliveries are made by a forwarding agent. In this case, an automatic calculation of shipping costs is not possible. The customer can still order if he follows the usual order process. After sending the order, "JOSEPH II." Will contact the customer and tell him the delivery costs. The purchase contract is only concluded when the customer has accepted the offer.
(8th) If your order includes goods whose sale is subject to age restrictions, we will ensure through the deliverer that the customer has reached the required minimum age. The deliverer only hands over the goods after the age check and only to the customer personally.
3. PAYMENT AND DEPOSIT
(1) The purchase price is due when the contract is concluded, at the latest when the goods are delivered. This also applies to partial deliveries, for which the purchase price is to be paid for the respective partial quantities delivered.
(2) If delivery with delivery is agreed, this 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 carrier of the goods is entitled to take them back at the buyer's expense. Justified complaints do not entitle the buyer to withhold the entire amount, but only an appropriate part of the invoice amount. In transactions with consumers, the latter can refuse to pay in full if "JOSEPH II." Has not performed the delivery in accordance with the contract or the performance is endangered by their poor financial situation, which the consumer was neither aware of nor had to be aware of at the time the contract was concluded . If "JOSEPH II." Offers adequate security, this right to refuse payment does not apply.
(3) "JOSEPH II." Retains ownership of all goods until the purchase price including additional charges has been paid in full.
(4) When placing an order, a deposit of 25% of the purchase price must be made. The deposit must be paid within 14 days.
(5) Payments to the staff of "JOSEPH II." Are only recognized if they are confirmed with a cash receipt. This provision does not apply to transactions with consumers within the meaning of the Austrian Consumer Protection Act.
(6) If the buyer is in default of payment or other performance, "JOSEPH II." Can:
a. postpone the fulfillment of their own obligations until the arrears payments or other services are effected,
b. claim a reasonable extension of the delivery period corresponding to the delay of the customer,
c. make the full or outstanding purchase price due immediately (loss of deadline); This also applies to the agreement of an installment payment with the consumer, provided that "JOSEPH II." has already performed its services, at least one backward service by the consumer has been due for at least 6 weeks and "JOSEPH II." the consumer under threat of missing the deadline and has set a grace period of at least 2 weeks unsuccessfully, whereby the immediately due installments are to be reduced taking into account a deduction for the interest corresponding to the remaining term,
d. Charge default interest of 6% above the base rate of the Oesterreichische Nationalbank, at least 10% per year, plus sales tax, and
e. withdraw from the contract if a reasonable grace period is not met, and
f. request from the buyer the reminder and collection costs incurred, insofar as they are necessary for appropriate legal prosecution and are in reasonable proportion to the claim made, whereby the buyer is obliged to reimburse a maximum of the remuneration of the collection agency involved, which is based on the regulation of the BMWA above the maximum rates of the collection agencies. In addition, any further damage, in particular damage caused by the fact that "JOSEPH II" incurs correspondingly higher interest on any credit costs as a result of non-payment, is to be compensated regardless of the fault in the delay in payment.
(7) Granted discounts or bonuses are conditional upon receipt of full payment. When paying with vouchers, no credit can be issued for any remaining amounts. The redemption period for vouchers / shopping vouchers etc. is based on the date stated on the vouchers / shopping vouchers etc.
(8th) Discounts and discounts do not apply to subscriptions, pre-sales, icons, competitions of any kind or goods that have already been reduced. Discounts, discounts and special offers are only applicable when purchasing normal household quantities.
4th TRANSFER OF RISK
(1) If the buyer collects the goods himself, use and risk are transferred to the buyer at the latest when they are handed over at the cash desk.
(2) In the event of delivery, "JOSEPH II." - in the absence of special instructions from the buyer - determines the type and route of transport as the buyer's agent. In the event of delivery, use and risk are transferred to the buyer when the goods are handed over from "JOSEPH II." To the carrier. Delivery is therefore at the expense and risk of the buyer. The delivery is covered by transport insurance for a goods value of more than EUR 2,500.00 only if expressly instructed by the buyer and at his expense.
(3) In the event of delivery, "JOSEPH II." - in the absence of special instructions from the buyer - determines the type and route of transport as the buyer's agent. In the event of delivery, use and risk are transferred to the buyer, provided that he is a consumer within the meaning of the Consumer Protection Act, as soon as the goods are delivered to him or to a third party designated by him, other than the carrier. However, if the consumer himself has concluded the contract of carriage without using one of the options suggested by "JOSEPH II.", The risk is transferred to the carrier as soon as the goods are handed over.
5. RETURN OF GOODS AND RIGHT OF WITHDRAWAL
(1) "JOSEPH II." Is ready, until further notice, to take back goods purchased from her against reimbursement of the full purchase price under the following conditions: The return must be made within 14 days of the invoice date in the original packaging, undamaged and with the original invoice. Marked special offers will only be withdrawn in the total amount purchased. The redemption takes place at the price valid at the time of the original purchase. The purchase price will be reimbursed in the form of a credit note. This expressly excludes ordered goods, exhibition items, treasure trove items, remaining items and partial quantities from packaging units, partial quantities from sets and goods from auctions (auctions).
(2) 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 can according to §§ 11 FAGG and in deviation from point 5.1 within fourteen days declare withdrawal from the purchase contract from the day the goods are received by the buyer. The cancellation 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 withdrawal period begins as soon as the buyer or a third party named by him has taken over the last partial shipment, the last goods or the last piece. The day of takeover is not included in the deadline. Saturdays, Sundays and public holidays are included in the calculation of the deadline. To meet the withdrawal deadline, it is sufficient to send the declaration of withdrawal or return the goods in good time.
(3) In order to exercise your right of withdrawal, you must send a clear declaration to "JOSEPH II." Heurigenbetriebs GmbH, Kantgasse 3/6, A-1010 Vienna, email: email@example.com (e.g. a letter sent by post or email ) of your decision to withdraw from this contract. In order to meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.
(4) Consequences of cancellation: If you cancel this contract, "JOSEPH II." Has received payments from you, including delivery costs (with the exception of the additional costs that result from the fact that you use a different type of delivery than that of "JOSEPH II." "Have chosen the cheapest standard delivery offered), to be repaid immediately and at the latest within fourteen days from the day on which the notification of your cancellation of this contract was received by" JOSEPH II. " For this repayment, "JOSEPH II." Uses the same means of payment that you used for the original transaction, unless something else was expressly agreed with you. Under no circumstances will you be charged any fees for this repayment. "JOSEPH II." Can refuse the repayment until the goods have been received by "JOSEPH II." Or until you have provided evidence that you have sent the goods back, whichever is earlier. You have to send the goods to “JOSEPH II.” Heurigenbetriebs GmbH, Kantgasse 3/6, A-1010 Vienna immediately and in any case no later than fourteen days from the day on which you inform “JOSEPH II.” Of the cancellation of this contract , to send back or to hand over. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs as well as the risk 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 of the goods that is not necessary to check the nature, properties and functionality of the goods.
6th ORDERS, CONTRACT PROVISIONS, DELIVERY PERIOD, DELIVERY OBSTACLES, WITHDRAWAL FROM THE CONTRACT
(1) "JOSEPH II." Accepts orders by phone or email, or in the Schönbrunn branch, or via the Internet online shop. When placing the order, the customer must state a desired delivery date as well as an alternative date and the exact delivery location. The customer is obliged to ensure proper acceptance of the ordered goods at the specified delivery location on these dates. "JOSEPH II." Sends the customer a written (including by fax or email) order confirmation with all relevant order data. "JOSEPH II." Does not save any contractual provisions other than the data entered for the order. The data cannot be called up by the customer, but will be sent to the customer together with the order confirmation.
(2) In the event of non-acceptance of the goods ordered, "JOSEPH II." Is entitled to demand reimbursement of the additional expenses incurred, such as frustrated transport costs. This does not apply if "JOSEPH II." Does not provide its services in accordance with the contract.
(3) Orders are accepted subject to delivery options. "JOSEPH II." Reserves the right to allocate smaller quantities to the customer if a product is oversubscribed. If delivery or compliance with an agreed delivery period becomes impossible due to circumstances for which "JOSEPH II." Is not responsible, the obligation to deliver on the scheduled delivery date expires. The circumstances for which “JOSEPH II.” Is not responsible include in particular: Difficulties in purchasing the goods or primary materials from third parties, in the case of subscriptions, the delayed release of the goods by the supplier of “JOSEPH II.”, Operational disruptions (also with suppliers of “JOSEPH II. ”), Traffic disruptions, lockouts and strikes as well as all cases of force majeure. In such cases, "JOSEPH II." Will contact the buyer immediately to arrange an alternative date for the delivery that has been prevented. If the buyer of "JOSEPH II." Is offered a new delivery date that is no later than two weeks after one of the originally agreed delivery dates, and the delivery is also carried out properly on this new date, a timely delivery by "JOSEPH II. "In the sense of the sales contract.
(4) Can "JOSEPH II." Not offer the buyer a new delivery date according to point 6.3 or the new delivery date from the cases mentioned in point 6.3 (impossibility of delivery on the agreed date due to circumstances for which "JOSEPH II." Is not responsible) not be met , "JOSEPH II." is entitled to withdraw from the contract in whole or in part without being liable for damages. In such cases, the buyer can also withdraw from the contract.
(5) In the case of divisible services, the buyer has no right of withdrawal with regard to deliverable parts, insofar as parts of the service can be performed and used by the buyer. The buyer is not entitled to refuse to accept partial deliveries under the same conditions or if the remaining parts can be delivered in good time (in terms of point 6.3).
(6) If the buyer unjustifiably declares that he does not want to adhere to the contract ("cancellation") and if "JOSEPH II." Agrees in writing (including by fax or email), "JOSEPH II." Is entitled to goods in stock to 15% of the purchase price as lump-sum compensation ("cancellation fee"). Such termination of the contract is fundamentally excluded in the case of goods that have been ordered. Deviating from this, the statutory right of withdrawal without a cancellation fee according to §§ 5e - 5h of the Consumer Protection Act (see also point 5.2) remains valid for consumers.
(7) Changes or cancellations of orders by the buyer must be made in writing (including by fax or email). "JOSEPH II." Reserves the right to accept declarations in a different form, which then only become effective with the written confirmation by "JOSEPH II." (Including by fax or e-mail).
(8th) The conditions stated on the Internet also apply to online vouchers.
(1) Promises, such as about the usability or special properties of the goods, or declarations by the employees of "JOSEPH II." Are non-binding and do not represent an express assurance of specific properties if they are not made in writing (including by fax or e-mail).
(2) Warranty claims require that defects "JOSEPH II." Are reported immediately, namely recognizable defects immediately upon acceptance, hidden defects after discovery, and with submission of the opened goods and the original invoice.
(3) A warranty claim is in any case limited to the purchase price of the delivered and defective goods.
(4) “JOSEPH II.” Fulfills its warranty obligations either by delivery of defect-free goods, improvement, subsequent delivery of shortages or rescission of the contract (ie repayment of the purchase price) within a reasonable period of time.
(5) For transactions with consumers within the meaning of the Austrian Consumer Protection Act, item 7.1 applies instead. to 7.4. that, in the event of a defect, the customer can, at his own discretion and in compliance with the statutory provisions, request improvement, replacement of the item, reasonable price reduction or conversion.
(6) Reasons for taste, customary or minor, technically conditioned deviations in quality, quantity, color, size, weight, equipment or design as well as age-appropriate changes in taste, color and packaging do not constitute warranty defects or non-fulfillment of the contract.
(7) "JOSEPH II." Is not liable for the taste, color, material or pattern conformity or other characteristics of conformity of reordered goods. The same applies to goods ordered according to samples, provided that the deviation is within the customary and technical limits.
(8th) After tasting, consuming or starting processing or processing the goods, any warranty is excluded.
(9) The warranty period is 2 years from the time of transfer of risk in accordance with Section 4.
(10) Items 7.6 to 7.8 do not apply to transactions with consumers within the meaning of the Consumer Protection Act.
8th. LIABILITY FOR DAMAGES
(1) "JOSEPH II." Is liable for damage in accordance with the statutory provisions. However, liability for damage caused by slight negligence is excluded. The limitation of liability does not apply to damage resulting from injury to life, limb or health of people and for claims under the Austrian Product Liability Act.
(2) Entrepreneurs have to prove the existence of intent or gross negligence. Liability for loss of profit and other consequential damage to entrepreneurs is excluded. Furthermore, liability towards them is limited to 10% of the purchase price. Compensation for (defect) consequential damage, other property damage, financial loss and damage from third party claims against the customer is also excluded from entrepreneurs.
(3) Item 8.1 does not apply to transactions with consumers within the meaning of the Austrian Consumer Protection Act.
9. COLLECTION, DEFAULT ACCEPTANCE BY THE BUYER
(1) Goods ordered or picked from "JOSEPH II." Must be picked up within 14 days of notification or picking. Any longer storage time of up to a maximum of 4 weeks must be agreed and electronically recorded on the order or the invoice.
(2) If the goods are not picked up or taken over within this period, "JOSEPH II." Has the right to either store the goods at the risk of the buyer with a storage fee of 5% of the invoice amount per commenced month plus sales tax and to fulfill the contract to exist, or to withdraw from the contract after setting a grace period of 2 weeks and to resell the goods to another customer, in which case the buyer has to pay an immediately due manipulation fee of 10% of the purchase price plus sales tax.
10. EVENTS AND EVENTS
(1) "JOSEPH II." Organizes events as part of its business operations after a separate announcement. "JOSEPH II." Can only guarantee participation in such events / events if the participant purchases the card in one of our shops or in our online shop no later than 8 days before the date. A confirmation of participation will be sent to the customer approx. 3 days before the appointment.
(2) Event vouchers do not count as admission tickets and can only be redeemed in one of our shops.
(3) A cancellation on the part of the participant is unfortunately not possible. If the event or event is canceled by the organizer, either an alternative date can be chosen or the entrance fee will be refunded.
11. YOUTH PROTECTION
(1) The dispensing and delivery of wine and spirits can only be made to people over the age of 18. In order to comply with the legal regulations, "JOSEPH II." Is entitled to hand over goods only after legitimation by means of an official photo ID. In the case of a justified refusal of handover, the customer is obliged to compensate for the damage actually incurred (e.g. costs of delivery).
(2) By placing the order, the customer assures that he or the recipient of the goods is older than 18 years.
12th OTHER PROVISIONS
(1) The place of performance for both "JOSEPH II." And the buyer is the business address of "JOSEPH II.". This does not apply to consumer contracts.
(2) The ineffectiveness, nullity or repeal of individual provisions does not affect the effectiveness of the remaining provisions of these general terms and conditions.
(3) The competent court in Vienna has exclusive jurisdiction to resolve all disputes arising in connection with contractual relationships in which no consumer is involved.
(4) The contract is subject to Austrian law to the exclusion of the UN Sales Convention with the restriction that mandatory provisions of the law of the state in which the consumer has his habitual residence are not superseded.