Operator of the online shop
Weingut Alphart GnbR
Authorised company representatives: DI Karl Alphart and Florian Alphart, BSc
Tel.: +43 2252 / 52 328
Bank name: Sparkasse Baden
IBAN: AT24 2020 5003 0104 7007
Area of application
The following General Terms and Conditions (GTC) apply in the form that is valid on the order date to all wine (classic, reserve, specialities) purchase transactions involving the Weingut Alphart shop and those customers who are consumers. Consumers are all natural persons who enter into a legal transaction that has no connection with their commercial or independent professional activities.
On placing orders, customers herewith confirm that they approve of and consent to be bound by these GTC. Should any of the provisions of these GTC become ineffective in whole or part because of mandatory legal stipulations (specifically the stipulations of the Austrian Consumer Protection Act, KSchG), this shall have no effect on the validity of the remaining provisions of these GTC. We can only deliver to addresses in Austria.
The presentation of products on our website does not represent an offer in the legal sense. These are merely designed to motivate customers to make us an offer. A legal offer comes into being when a customer submits an order. An automated email is generated on receipt of an order to confirm order acceptance. This email confirmation represents conclusion of the contract.
Persons ordering must be at least 18 years of age. From the overview of the range on offer in the Weingut Alphart online shop, customers can select the wine(s) they wish to purchase and transfer them to their shopping basket by clicking on the appropriate button. During a customer’s visit to our website, the selected products are temporarily stored at www.alphart.at/shop/ in the shopping basket. To continue the order process for the shopping basket products, customers must click on the checkout button. On the following page, customers are asked to log-in to the online shop if they already have a customer account, otherwise to register. Customers then enter details of the delivery address and select their desired method of payment and enter the required payment details. If an external payment service, such as PayPal, is selected, customers are transferred to the external website of the service provider. Prior to finalisation of an order, all relevant data will be displayed in an order overview for customers. Customers can review the information in this overview and correct it as necessary before sending the order to Weingut Alphart GnbR by clicking on the button ‘Zahlungspflichtig bestellen’. By clicking on the button ‘Zahlungspflichtig bestellen’, customers enter into a binding agreement to purchase the product(s) they have selected.
On receipt of an order, Weingut Alphart GnbR will send a message by email to the address entered by the customer in which the receipt of the order is confirmed and its content is reproduced (referred to in the following as the ‘order confirmation’). An order confirmation does not necessarily represent acceptance of the order by Weingut Alphart. If Weingut Alphart GnbR decides not to enter into the contract, the corresponding customer will be informed without delay by email.
Storage of the contract text
The contract text, i.e. details entered by a customer during the order process, is stored by Weingut Alphart and can be viewed by the customer using the link ‘Mein Konto’/’Meine Bestellungen’ (‘My account’/’My orders’). Irrespective of this, Weingut Alphart GnbR will send a confirmation email to the address entered by the customer.
Right to revoke/cancel an order
Customers who are consumers as defined under the Austrian Consumer Protection Act (KSchG) have the right to cancel an order without providing reasons for so doing within 14 days of receipt of the products in question. It is sufficient if the notification of cancellation is sent, without statement of reasons, prior to expiry of the above-specified cooling-off period.
Right of withdrawal
The following right of withdrawal applies to contracts for the supply of goods by DPD package shipments.
Right of withdrawal: goods suitable for shipment as packages
As a consumer, you have the right to withdraw from the corresponding contract within 14 days; there is no need for you to provide reasons for so doing. The cooling-off period for withdrawal is 14 days from the date on which you or a third party authorised by you who is not the carrier of the goods accepted delivery of the goods.
To exercise your right of withdrawal, you must contact:
Weingut Alphart GnbR
providing a clear declaration (e.g. by post or by email) of your intention to withdraw from the contract. It is sufficient if the notification of withdrawal is sent prior to expiry of the above-specified cooling-off period.
Consequences of withdrawal
If you withdraw from a contract, we will be required to reimburse you all payments we have received from you including delivery charges (excluding any additional charges that may arise because you have selected a method of shipment other than the low-cost standard methods offered by us) without delay or at the latest within 14 days of the date on which we receive your notification of withdrawal from the contract.
For reimbursement purposes, we will use the same method of payment employed during the original transaction unless explicitly agreed otherwise. You will not be charged in any form for this reimbursement. We reserve the right to refuse reimbursement until the products have been returned to us or until you provide proof that you have dispatched the products to us, whichever is the sooner. In all circumstances, you are required to return or release the product(s) within 14 days of the date on which you notified us of your intention to withdraw from the contract to:
Weingut Alphart GnbR
It is sufficient if you dispatch the product(s) prior to expiry of the above-specified period. You will be responsible for direct costs arising in connection with the return of the product(s).
Please note that you have no right to withdraw from contracts relating to the supply of products in non-prefabricated form or for the manufacture of which your specifications and information are essential or which are produced to meet your specific needs.
You will only be required to compensate us for any loss of value of the products if this loss is not attributable to processes associated with the inspection of the nature, characteristics and functioning of the products.
End of text on your right of withdrawal
a. Unless otherwise agreed, the general legal stipulations shall apply.
b. Deficiencies that are the responsibility of customers are not covered by our warranty. This includes deficiencies caused by incorrect handling, faulty operation or unauthorised attempts at repair.
c. In the case of the supply of used products, warranty cover expires in 12 months.
d. This abbreviated warranty period does not apply to claims for compensation by customers in connection with loss of life, physical injury or damage to health or other losses attributable to grossly negligent violation of obligations on the part of Weingut Alphart GnbR or grossly negligent violation of obligations on the part of representatives or agents of Weingut Alphart GnbR. The abbreviated warranty period also does not apply to claims for compensation due to grossly negligent or intentional violation of major contractual obligations. Major contractual obligations are those that must be complied with to ensure the appropriate performance of the contract which customers can generally assume will be complied with.
e. If supplied products exhibit apparent material or manufacturing defects (including damage during transport), please contact us without delay.
f. Where a manufacturer’s warranty is provided, customers must contact us to claim their associated entitlements directly from the manufacturer. Weingut Alphart GnbR shall not be liable for warranties of other manufacturers.
a. Customers shall not have the right to lodge claims for damages against Weingut Alphart GnbR if the event in question has not been caused intentionally or due to gross negligence on the part of Weingut Alphart GnbR or its representatives or agents.
b. This does not apply to claims arising in connection with loss of life, physical injury or damage to health, grossly negligent violation of obligations, the stipulations of product liability laws, violations associated with contract conclusion, other violations of obligations or legal liability to pay compensation. Major contractual obligations are those that must be complied with to ensure the appropriate performance of the contract which customers can generally assume will be complied with.
Right of offset, right of retention
a. Customers do not have the right to offset claims against payments due to us unless these claims have been legally verified or acknowledged. Customers have the right to offset claims against payments due to us if they have made accepted complaints or have acknowledged counterclaims in connection with the contract in question.
b. Customers may only exercise the right of retention if they have a counterclaim arising in connection with contract in question.
Reservation of right to make changes/modifications to these GTC
We reserve the right to unilaterally modify these GTC is this is necessary for the elimination of subsequent loopholes or in order to adapt these to altered legal or technical requirements. We will send customers details of the modifications to their most recently notified email addresses. Any modifications will apply to contracts if customers do not contact us in written or text form within 6 weeks of receipt of the notification of amendment to reject application of these to the corresponding contracts
Customers herewith acknowledge that the storage and processing of customer data that appears in contracts is necessary for the purposes of accounting and documentation. This information is required to comply with legal requirements and to process payments. Customer data will not be released to third parties where this is not essential for the purposes of contract performance. For more information and to view our data privacy statement, please go to to https://www.alphart.com/data-privacy-statement/
Contracts will be concluded in German.
Court of jurisdiction and applicable law
Austrian law shall apply to this contract; the stipulations of the UN CISG shall not apply. If the contractual partner is a consumer, the mandatory stipulations of the laws of the country in which the consumer is usually resident shall also apply to this contract. Place of performance is the premises of Weingut Alphart GnbR. In the case of disputes, these shall be referred to the court with responsibility for the location in which the premises of Weingut Alphart GnbR are located. If the customer is a consumer as defined under the Austrian Consumer Protection Act (KSchG) then the responsible court is the court in whose district the customer’s domicile, usual place of residence or place of work is located.
If any of the provisions of these GTC proves to be invalid, this will have no effect on the validity of the remaining provisions.