General Terms and Conditions
§ 1 Validity, Definitions
(1) Weingut Frischengruber, Am Platzl 19, 3602 Rührsdorf, Austria (hereinafter referred to as “we” or “Weingut Frischengruber”) operates an online shop for goods at the website https://www.frischengruber.at/. The following general terms and conditions apply to all services between us and our customers (hereinafter referred to as “customer” or “you”) in their version valid at the time of the order, unless otherwise expressly agreed.
(2) A “consumer” within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An “entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, whereby a partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and incur liabilities.
§ 2 Conclusion of Contracts, Storage of Contract Text
(1) The following regulations on the conclusion of contracts apply to orders placed through our online shop at https://www.frischengruber.at/.
(2) Our product presentations on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) Upon receipt of an order in our online shop, the following rules apply: The customer submits a binding offer to contract by successfully completing the order procedure provided in our online shop. The order is placed in the following steps:
- Selection of the desired goods,
- Adding the products by clicking the corresponding button (e.g., “Add to Cart”, “Add to Shopping Bag”, or similar),
- Reviewing the information in the shopping cart,
- Accessing the order overview by clicking the corresponding button (e.g., “Proceed to Checkout”, “Proceed to Payment”, “Go to Order Overview”, or similar),
- Entry/verification of address and contact details, selection of payment method, confirmation of terms and conditions and cancellation policy,
- If the agreed condition of the goods deviates from their usual condition and prerequisites for use, confirmation of a negative quality agreement,
- Completion of the order by clicking the button “Buy Now with Obligation to Pay”. This represents your binding order.
- The contract is concluded when you receive an order confirmation from us via email to the address provided within three working days.
(4) In the event of a contract conclusion, the contract is made with Weingut Frischengruber, Am Platzl 19, 3602 Rührsdorf, Austria.
(5) Before placing the order, the contract data can be printed out or electronically saved using the browser’s print function. The processing of the order and transmission of all information necessary in connection with the conclusion of the contract, in particular the order data, the general terms and conditions, and the cancellation policy, is carried out by email after you have triggered the order, partly automated. We do not store the contract text after conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g., browser’s “back button”). They can also be corrected by canceling the ordering process prematurely, closing the browser window, and repeating the process.
(7) The processing of the order and transmission of all information necessary in connection with the conclusion of the contract is carried out by email, partly automated. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular not prevented by SPAM filters.
§ 3 Subject of the Contract and Essential Characteristics of the Products
(1) The subject of the contract in our online shop is:
- The sale of goods. You can find the specifically offered goods on our product pages.
(2) The essential characteristics of the goods can be found in the product description. If the agreed condition of the goods deviates from their usual condition and prerequisites for use, this will be explicitly pointed out in the product description (negative quality agreement). As far as the customer has given their express consent to the negative quality deviation, this defines the subject of the contract.
§ 4 Prices, Shipping Costs, and Delivery
(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
The respective purchase price must be paid before delivery of the product (advance payment), unless we explicitly offer purchase on account. The payment methods available to you are indicated under an appropriately labeled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due immediately.
In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is marked as free of shipping costs. The shipping costs will be clearly communicated to you on the offers, in the shopping cart system if applicable, and on the order summary.
All products offered are ready for immediate dispatch (delivery time: 3-10 days after receipt of payment), unless clearly stated otherwise in the product description.
The following delivery area restrictions apply: Delivery is made to the following countries: Belgium, Bulgaria, Germany, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Cyprus, Austria.
If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs for the outward shipment if you effectively exercise your right of withdrawal. For the return shipping costs in case of effective exercise of the right of withdrawal by you, our regulation made in the cancellation policy applies.
§ 5 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Right of Withdrawal
As a consumer, you have a right of withdrawal. This is governed by our cancellation policy.
§ 7 Contract Language
German is exclusively available as the contract language.
§ 8 Liability
Subject to the following exceptions, our liability for contractual breaches of duty and from tort is limited to intent or gross negligence.
We are liable without limitation in cases of slight negligence resulting in injury to life, body, health, or in case of breach of an essential contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible, or if we have breached an essential contractual obligation, liability for resulting property damage and financial losses is limited to the foreseeable damage typical for the contract. An essential contractual obligation is one whose fulfillment makes the proper execution of the contract possible in the first place, whose violation endangers the achievement of the purpose of the contract, and on whose compliance you may regularly rely. This includes, in particular, our obligation to act and fulfill the contractually owed service, which is described in § 3.
§ 9 Warranty
The warranty is governed by statutory provisions.
As a consumer, you are requested to check the item/digital goods or the provided service immediately upon contract fulfillment for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will of course have no effect on your statutory warranty claims.
§ 10 Final Provisions/Dispute Resolution
(1) German law applies. For consumers, this choice of law only applies to the extent that it does not withdraw the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence (principle of favorability).
The provisions of the UN Sales Convention are expressly not applicable.
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(4) The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr. We are willing to participate in an out-of-court dispute resolution procedure.
