General Terms and Conditions

 

I. Validity

The deliveries, services and offers of our company are made exclusively on the basis of these terms and conditions; we do not recognize any terms and conditions of the customer that conflict with or deviate from our terms and conditions unless we have expressly agreed to their validity.
In this respect, acts of contract fulfillment on our part shall not be deemed as consent to contractual conditions deviating from our terms and conditions.
The General Terms and Conditions may be amended by Vino Serve e.U. at any time and shall be deemed to have been accepted by the customer when placing an order for goods or services.

 

II Conclusion of contract

Our offers are subject to change and non-binding with regard to the availability and price of the goods.
This provision applies to all information in our price lists, advertisements, advertising material of any kind as well as to verbal information and promises – subject to printing errors.
The contract is only concluded upon acceptance of the order.
This can take the form of an order confirmation, delivery notification or delivery of the goods.
In principle, we deliver the vintage you have ordered.
If the vintage you ordered is no longer available, a different vintage will only be delivered after verbal or written agreement with you.
Furthermore, the acceptance of orders is subject to availability.

 

III. price

All prices quoted by us are ex warehouse without deduction.
They are gross prices in euros (unless otherwise expressly stated for the catering trade, resellers and export abroad) and include statutory VAT.
The costs and expenses incurred in the course of shipping, as well as any import and export duties, are not included.
The costs for shipping are listed in Section VII (Delivery) of these GTCs and will be charged separately.
The prices stated in catalogs, brochures, price lists, etc. are always subject to change.

 

IV. Terms of payment

The purchase price is to be paid in advance without deduction upon receipt of the invoice.
The ordered goods will be delivered after receipt of payment.
This also applies to partial deliveries, where the purchase price is to be paid for the respective partial quantities.
Payments by the customer shall only be deemed to have been made when they are received in our business account.

V. Withdrawal from the contract

The customer may cancel his order in writing by e-mail to office@vinoserve.at until receipt of the invoice.
Vino Serve will not provide any compensation of any kind.

VI Reminder and collection charges, interest on arrears

Only in the event that a different contract processing has been agreed by mutual consent shall the contractual partner (customer) undertake, in the event of default, to reimburse the dunning and collection expenses incurred by the creditor, insofar as they are necessary for appropriate legal prosecution, whereby he undertakes in particular to reimburse at most the fees of the collection agency involved, which result from the ordinance of the Federal Ministry of Economics and Labour on the maximum rates of fees due to collection agencies.
If the creditor carries out the dunning process itself, the debtor undertakes to pay an amount of EUR 10.90 per reminder sent and an amount of EUR 3.63 per half-year for keeping the debt on record in the dunning process.
In the event of late payment, interest on arrears of 12% p.a. will be charged.

VII Delivery, transportation, default of acceptance

Our sales prices do not include any costs for the delivery of the goods.
Delivery is possible from an order quantity of 6 bottles.
The insured delivery is usually carried out by a parcel service or a forwarding agent at normal business hours.
Please complain about broken bottles immediately to the carrier or deliverer, otherwise we cannot accept any compensation.
We charge the following shipping costs within Austria:
6-bottle carton: EUR 8.80
12-bottle carton: EUR 11.00

The following shipping costs are charged for deliveries to Germany:
Box of 6: EUR 16.00
Box of 12: EUR 18.90

Free shipping from an order value of € 159.

For quantities over 120 bottles, transportation costs on request!
For deliveries outside Austria, transportation costs are on request.

 

VIII. Delivery period

We are only obliged to perform the service once the customer has paid the invoice sent in advance and the amount has been credited to Vino Serve’s account.

IX. Place of fulfillment

The place of performance is the registered office of our company.

X. Minor changes to services

We always deliver the vintage you have ordered. If the ordered vintage is no longer available, another vintage will only be delivered after verbal or written agreement with you.

XI Compensation for damages

In accordance with international practice, cork-flavored bottles will not be replaced.

XII Retention of title and its assertion

All goods are delivered by us subject to retention of title and remain our property until full payment has been made. The assertion of the retention of title shall only constitute a withdrawal from the contract if this is expressly declared. If goods are taken back, we are entitled to charge any transportation and handling costs incurred. In the event of access by third parties to the reserved goods – in particular through seizure – the customer undertakes to draw attention to our ownership and to inform us immediately. If the customer is a consumer or not an entrepreneur whose ordinary course of business includes trading in the goods purchased from us, he may not dispose of the reserved goods until the outstanding purchase price claim has been settled in full, in particular he may not sell, pledge, give away or lend them. The customer shall bear the full risk for the reserved goods, in particular for the risk of destruction, loss or deterioration.

XIII Choice of law, place of jurisdiction

Austrian law shall apply. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. The contract language is German. The contracting parties agree to Austrian, domestic jurisdiction. Eisenstadt is agreed as the exclusive place of jurisdiction.

XIV Events

The events will be announced separately or offered on request. With regard to payment, we proceed in the same way as in paragraph IV of these GTCs. The event can only be booked by e-mail. Cancellation is free of charge up to 14 days before the event. In the event of cancellation at short notice, up to 4 days in advance, 25% of the quoted price will be charged as a processing fee, less the full event price. The same applies in the event of a no-show. Cancellation is only possible in writing. The date of receipt of the e-mail is deemed to be the date of dispatch.

XV Data protection, change of address and

The data provided by the customer will be stored and used exclusively for the purpose of fulfilling the business activity or for sending the newsletter, if actively requested by the customer.
The customer is obliged to inform us of any changes to his residential or business address as long as the contractual legal transaction has not been completely fulfilled by both parties. If such notification is omitted, declarations shall be deemed to have been received even if they are sent to the last known address.
Documents such as manuscripts and course handouts as well as catalogs, brochures, illustrations and the like shall always remain our intellectual property; the customer shall not receive any rights to use or exploit them in any way whatsoever.

Further information on data protection can be found under the corresponding heading.