General terms and conditions
for the use of the online shop of Weingut Alphart
Operator of the online shop
Weingut Alphart GnbR
Authorised company representatives: DI Karl Alphart and Florian Alphart, BSc
Wienerstraße 46
2514 Traiskirchen
Austria
Tel.: +43 2252 / 52 328
weingut@alphart.com
Bank name: Sparkasse Baden
IBAN: AT24 2020 5003 0104 7007
BIC: SPBDAT21xxx
ATU 17557203
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.
Contract conclusion
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.
Order process
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.
Order confirmation
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
Wienerstraße 46
2514 Traiskirchen
Austria
weingut@alphart.com
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
Wienerstraße 46
2514 Traiskirchen
Austria
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
Preise
- All prices are quoted as total prices, i.e. they include the costs of packaging and statutory VAT.
- Errors in pricing reserved. If the correct price is higher, we will contact you and a contract will only come into being when you have agreed to pay the correct price. If the correct price is lower, we will invoice you at this lower price.
- Special offer prices (special offer vouchers) cannot be combined with other discounts and are only valid for purchases from the online shop and within the stated period; they are valid for one order only. In order to redeem a voucher, the prices of the products must be at least that of the voucher value unless the offer is in the form of a percentage discount.
- Shipping costs
a. Orders will be shipped by DPD.
b. Please note that in addition to the costs of products, you will be also be charged shipping costs. Please see our product range for details of shipping costs. VAT is included in shipping costs. - Delivery conditions
a. Unless otherwise agreed, orders will be delivered to an address in Austria specified by the customer.
b. Where payment is made in advance, the delivery period commences on the day following receipt of the payment amount on the account of Weingut Alphart GnbR. Where payment is made on receipt or on account, the delivery period commences on the day following the date of contract conclusion. In all other cases, the delivery period commences on the day after the date of receipt of the order.
c. If products are damaged during transport, customers must notify the carrier of the damage without delay and lodge a claim against the carrier.
d. Weingut Alphart GnbR accepts no liability for delays in delivery that are the responsibility of suppliers or manufacturers. If delivery or compliance with a delivery deadline is impossible because of circumstances outside the control of Weingut Alphart GnbR, Weingut Alphart GnbR reserves the right to withdraw from the contract in whole or part. Weingut Alphart GnbR will notify the customer of this without delay. There will be no right to claim compensation in this case. Customers will be informed of existing restrictions on delivery prior to initiation of the order process. - Payments and retention of ownership
a. The purchase price must be paid at the latest by the time of receipt of the products.
b. Until the purchase price is paid in full, the products remain the property of Weingut Alphart GnbR. - Conditions of payment
a. Weingut Alphart GnbR accepts payments in the following form: prepayment (bank transfer), direct bank transfer and credit card (Visa, Mastercard; Maestro).
b. Where payment is made in advance, customers are required to transfer the invoice amount within 7 days of contract conclusion to the account of Weingut Alphart GnbR (bank details provided in the order confirmation and Legal Notice above). Products will be dispatched once payment has been received.
c. Where payment is made by credit card, your credit card will only be charged on completion of the order process
d. The statutory regulations with regard to default will apply. Collection fees may be charged on the second payment reminder onwards.
Warranty cover
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.
Liability exclusionss
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
Data protection
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/
Contractual language
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.
Severability clause
If any of the provisions of these GTC proves to be invalid, this will have no effect on the validity of the remaining provisions.