GENERAL
TERMS AND CONDITIONS
Validity and general information
Quotations
Conclusion of contract
Delivery of goods
Withdrawal
Terms of payment, shipping costs
Retention of title
Warranty
Compensation for damages
Data processing
Place of jurisdiction and applicable law
VALIDITY AND GENERAL
These terms and conditions (hereinafter referred to as GTC) apply without exception to all legal transactions, deliveries and services concluded between Weingut Böheim, Hauptstraße 38, 2464 Arbesthal and the customer.
By placing an order, the customer agrees to these General Terms and Conditions. These General Terms and Conditions may be amended by Weingut Böheim at any time and shall apply in the version valid at the time of the customer's order. Deviating terms and conditions shall not apply unless Weingut Böheim has agreed to them in writing or by e-mail before accepting the order.
These GTC apply to both entrepreneurs and consumers, but only to the extent that there are no mandatory provisions of the Consumer Protection Act or other laws to the contrary.
Should individual provisions of these GTC be wholly or partially invalid or become invalid due to statutory provisions, this shall not affect the validity of the remaining provisions. Ineffective provisions shall be replaced by effective provisions that correspond to the originally intended purpose.
OFFERS
Offers from Weingut Böheim are always subject to change and non-binding, unless expressly agreed otherwise. The delivered articles do not have to correspond exactly to the illustrations.
CONCLUSION OF CONTRACT
Conclusion of the contract: The presentation of the products on our website is to be understood as an online catalog. They are not legally binding offers on our part. By clicking on the "+" button, you can add the selected product to your order list. By clicking on the "order" button, you are making a binding offer to purchase the items you have selected. You will automatically receive a confirmation of your order by e-mail. By sending this confirmation, we have accepted your offer. The contract is thus concluded.
Order confirmation: You will receive an order confirmation to the e-mail address you have provided immediately after we have received your order.
DELIVERY AND SHIPPING
Unless collection by the customer has been agreed, delivery will be made to the address specified by the customer as quickly as possible within a reasonable period of time.
The risk is transferred to the customer as soon as the delivery has left Weingut Böheim, i.e. when the customer has accepted the delivery, even if partial deliveries are made. Information about the delivery period is non-binding, unless a delivery date has been agreed in writing and is binding in exceptional cases.
In the event that a delivery date cannot be met by Weingut Böheim, the customer will be informed and notified of the new delivery date. If the ordered goods are not available despite the order confirmation, the customer will be informed immediately. In this case, Weingut Böheim is entitled to withdraw from the contract and not to deliver the ordered goods; any payment already made will be refunded immediately.
Force majeure or other unforeseen events release Weingut Böheim from the obligation to meet the specified delivery date.
Your parcels will be delivered by DPD to the delivery address specified by you. Please note that you or a person authorized to accept the goods can be reached at this address during the day. After a 3rd delivery attempt, the parcel will be sent to the DPD depot nearest to you and can be collected there for a further 7 days.
For shipments within EU countries other than Austria or Germany, Weingut Böheim reserves the right to make a new offer for the items ordered and the shipping costs.
Deliveries to Great Britain, Norway, Ireland and Sweden as well as countries outside Europe are not possible.
Minimum order quantity is 6 bottles. For shipping reasons for bottle cartons, please make sure that your order quantity is divisible by 6.
WITHDRAWAL, RIGHT OF REVOCATION
You have the right to withdraw from the contract within 14 days without giving any reason.
The withdrawal period is 14 days from receipt of this instruction in text form, but not before receipt of the goods by the recipient.
To exercise your right of revocation, you must inform Weingut Böheim of your decision to revoke this contract by means of a clear declaration (letter, fax, e-mail). The timely dispatch of the revocation is sufficient to comply with the revocation period.
The written revocation is to be sent to:
Böheim Winery, Hauptstraße 38, 2464 Arbesthal, Austria
Fax: +43 (0) 2162 8859 59
E-mail: wein@gut-boeheim.at
CONSEQUENCES OF REVOCATION
In the event of an effective revocation, the services received by both parties must be returned. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. Weingut Böheim may refuse repayment until it has received the goods back in perfect condition.
The customer must return the goods immediately and in any case no later than fourteen days from the day on which he received the wine.
The costs for the return shipment shall in any case be borne by the buyer.
If you are unable to return the goods received in whole or in part or only in a deteriorated condition, you may have to compensate us for the loss in value. The customer shall only be liable for any loss in value of the goods if this loss in value is due to handling by the customer that is not necessary for checking the quality, properties and functionality of the goods.
TERMS OF PAYMENT, SHIPPING COSTS
Unless otherwise stated, all prices are per bottle in EURO including all statutory duties and taxes for customers from Austria including all shipping costs. The prices at the time of ordering apply. Instead of prices are the previous sales prices. In the case of delivery outside Austria, prices may change due to different taxes and duties.
Unless otherwise agreed, the purchase price is due upon ordering without any deductions.
We offer the following payment options in our online store: PayPal, VISA or instant bank transfer.
The prices stated on the homepage of Weingut Böheim apply exclusively to e-commerce orders.
Shipping and transportation costs see point 5 (Delivery and shipping)
RETENTION OF TITLE
The goods remain the property of Weingut Böheim until full payment has been made by the customer.
WARRANTY
The customer undertakes to report any defects immediately and with a precise description of the defect and to return the goods together with a copy of the invoice.
We guarantee full compensation for damages and impairments that occur during transportation under the following conditions:
- The incoming goods must be checked immediately for correctness and completeness.
- Any complaints must be confirmed by the transport company.
- A complaint about the goods must be reported to us within 48 hours.
The warranty shall be provided by replacing the goods within a reasonable period of time. The Böheim Winery has the right to choose in this respect.
If the goods are consumed beyond a tasting of a small quantity to check for any defects (cork taste), any warranty is excluded.
The crystallization of tartar is a natural process and not a reason for complaint.
A warranty claim is in any case limited to the invoice value of the defective goods delivered.
DATA PROCESSING
The customer agrees that his data, which has become known through the business relationship, may be stored and processed automatically by Weingut Böheim and transmitted to the companies or persons involved in the business transaction.
Otherwise, the data will be treated confidentially in accordance with the Data Protection Act and protected against unauthorized access wherever possible.
The customer has the right to free information, correction, blocking and deletion of his stored data at any time. He can contact Weingut Böheim in this matter in writing to the e-mail address wein@gut-boeheim.at, by telephone on +43 (0) 2162 8859 or by post via the company headquarters stated in the imprint.
The customer has been informed of the type, scope, location and purpose of the collection, processing and use of the data required for the execution of orders. The customer expressly agrees to this collection, processing and use of personal data. Data will only be passed on for the purpose of processing the transaction. Weingut Böheim guarantees the confidential use of the customer's data.
PLACE OF JURISDICTION AND APPLICABLE LAW
PROTECTION OF MINORS
Wine and spirits may only be sold and delivered to persons over the age of 18. In order to comply with legal regulations, we are entitled to hand over goods only after identification by means of an official photo ID. In the event of a justified refusal to hand over the goods, the customer is obliged to pay compensation for the actual damage incurred.