of the company / firm
Hans Tschida KG
Angergasse 5, 7142 Illmitz
FN 233599d
Status: 10.04.2024
- Scope of application and validity
1.1 The company Hans Tschida KG, FN 233599d (hereinafter referred to as “Seller”) provides all deliveries and services exclusively on the basis of these General Terms and Conditions (hereinafter referred to as “GTC”). These GTC therefore apply to all legal transactions of Hans Tschida KG.
1.2 These GTC apply in particular to the sale and delivery of goods such as wine by the Seller.
1.3 Conflicting terms and conditions, general and/or special contractual terms and conditions of a contractual partner of the Seller or a customer of the Seller (hereinafter referred to as “Contractual Partner” or “Customer”) are overridden by acceptance of these GTC. Conflicting agreements to these GTC shall only apply if expressly agreed in writing and only for the respective individual case (even without objection by the Seller).
1.4. Deviating agreements to individual provisions of these GTC shall only be effective for the individual case and require the express consent of the Seller.
1.5. The Seller’s GTC are published at https://www.angerhof-tschida.at/allgemeine_geschaeftsbedingungen/.
1.6. The GTC may be amended by the Seller at any time and shall apply in the version current at the time of the Customer’s order.
1.7. By placing an order, the Contractual Partner expressly accepts these GTC. - Order process
2.1 All offers of the seller are always subject to change and non-binding while stocks last, unless expressly agreed otherwise. Even the presentation of goods in the webshop or on price lists and the like do not constitute binding offers in the legal sense, but are to be understood as an invitation to the customer to submit an offer. Only the customer’s order therefore constitutes a binding offer by the customer. A contract is therefore only concluded when the seller accepts the customer’s offer.
2.2 The ordering process via the webshop is as follows: The customer can select goods from the range available in the webshop and add them to their provisional shopping cart by clicking on the “Add to cart” button. This can be called up at any time by clicking on the “Shopping cart” button or the shopping cart symbol. The products in the shopping cart can be changed, deleted or their desired quantity adjusted at any time. By clicking on the “Continue to payment” button in the shopping cart, the customer is taken to an input form for their contact details, the desired billing and delivery address and the desired payment method, whereby the mandatory fields are each marked with an asterisk (*). It is possible to enter a different delivery and billing address. The payment options “can be selected by clicking on them. Furthermore, the input form contains an order overview in which the customer’s order is summarized. The customer has the opportunity to check his order and make changes before finalizing the order. To do this, the customer can click on the back button in the browser bar to return to their details in the shopping cart and adjust them accordingly at any time. The order is sent by clicking on the “Buy now” button.
2.3. The purchase contract is saved by us and can be retrieved by the customer by entering the order number, if a customer account has been created in this, or by e-mail to weingut@angerhof-tschida.at.
2.4. The receipt of an order is immediately confirmed by the seller to the e-mail address provided by the customer. This is merely a confirmation of receipt of the order, which in no way constitutes acceptance of the contract. The customer is bound to his order for five working days from receipt by the seller. If orders are received outside opening hours, they shall only be deemed to have been received at the beginning of the next working day (this also applies to the web store). Orders will be checked and processed by the seller within reasonable and customary processing times.
2.5. The order is accepted in writing by order confirmation by e-mail, whereby the time at which the order confirmation is sent to the customer is decisive for the conclusion of the contract. Furthermore, acceptance of the order (especially in the case of an ongoing business relationship) can also be implied by delivery of the ordered goods to the customer, whereby the time of dispatch of the goods is decisive for the conclusion of the contract.
2.6. For orders in the webshop and for advance payment, the contract is concluded when the corresponding bank details are provided or when payment is requested. If full payment is not received by the seller within 10 calendar days of the order, the seller may withdraw from the contract immediately. The order is then no longer binding for the seller and the buyer and the seller has no delivery obligations.
2.7. The seller has the right to refuse orders without giving reasons.
2.8. It should be noted that images of the goods in the web store as well as on price lists and the like are only exemplary images and no delivery is promised in accordance with the images. The delivered goods may not correspond exactly to the illustrations in reality. - Prices and shipping costs
3.1 Prices stated in catalogs, brochures, price lists, etc. are not binding. Unless otherwise stated, all prices quoted are net prices plus statutory VAT.
3.2. Prices quoted in the webshop are not binding. Unless otherwise stated, all prices quoted are gross prices including statutory VAT.
3.3. Unless explicitly stated otherwise, the prices offered by the seller (e.g. in the webshop) do not include any packaging and shipping costs. All packaging and shipping costs are borne by the customer.
3.4. The costs of shipping and packaging are displayed in the shopping cart after correct selection when ordering in the webshop. For orders outside the webshop, the shipping costs will be announced by the seller in a separate message.
3.5. For deliveries outside Austria, additional customs duties and/or other duties and taxes may apply, as well as import and export duties, excise duties or other fees, duties and taxes. All of these costs are to be borne by the customer and are not included in the prices announced by the seller. In the case of deliveries outside Austria, other logistical obstacles may also occur. The seller shall only be responsible for these if he is grossly at fault. - Terms of delivery
4.1 The ordered goods will be sent to the delivery address provided by the customer, unless otherwise agreed in individual cases. Delivery shall be made within a reasonable period of time. If an agreed delivery date cannot be met by the seller or the carrier for any reason whatsoever, the seller shall inform the customer immediately and announce a new delivery date. The customer shall not be entitled to any claims in this respect.
4.2 If an order is placed in the web store or advance payment has been agreed, delivery shall be initiated at the earliest after receipt of the full invoice amount by the seller. If delivery is not possible or the seller has withdrawn from the contract, any payments made by the customer will be refunded.
4.3. The seller determines the carrier, mode of transport and transport route. The transfer of risk takes place when the goods are handed over by the seller to the carrier. Delivery is therefore at the expense and risk of the contractual partner. Transport insurance for deliveries exceeding a value of EUR 2,500.00 shall only be taken out at the express instruction and expense of the contractual partner.
4.4 The customer must specify a desired delivery date and the exact place of delivery at the latest when placing the order. The customer is obliged to ensure the proper acceptance of the ordered goods at the specified delivery location on these dates. If the goods are not accepted by the customer, the customer shall bear the compensation for the resulting damage (such as frustrated transport costs or storage costs of the seller).
4.5. Self-collection is only permitted if expressly agreed separately. In the case of an agreed self-collection, the goods must be collected by the customer at the latest on the agreed collection date at the address Angergasse 5, 7142 Illmitz at the customer’s risk and expense. The collection must take place within the opening hours of our business, unless expressly agreed otherwise. The risk and the transportation risk are transferred to the customer when the goods are handed over. If the goods are not collected at the agreed time or within the agreed collection period, the seller has the right to store the goods at the customer’s expense and to set a reasonable one-off grace period of 14 calendar days for the collection of the goods. In this case, the seller has the right to hand over the goods only after payment of the storage costs incurred (storage fee of 2% of the invoice amount per month or part thereof plus VAT). Furthermore, the seller has the right to withdraw from the contract or to set a new grace period after expiry of the grace period set for collection of the goods. In the event of withdrawal from the contract, the seller shall reimburse the buyer for any payments made, less storage costs. - Terms of payment
5.1 Unless otherwise agreed, payment of the purchase price shall be made by invoice, Paypal or Stripe. In the case of a purchase on account, the customer is obliged to pay the full purchase price within 7 days of delivery of the goods without any deductions and free of charges. This also applies to partial deliveries. In this case, the payment obligation applies to the delivered partial quantities.
5.2. The seller expressly reserves ownership of all goods until full payment of the purchase price including ancillary charges (retention of title).
5.3. Complaints do not entitle the customer to withhold the purchase price.
5.4. The seller reserves the right to demand a down payment in certain cases. If a down payment has been agreed, delivery shall only be made after the agreed down payment amount has been credited to the account specified by the seller. The remaining amount is then to be paid within 7 days of delivery of the goods without any deductions and free of charges.
5.5. In the event of late payment, the seller is entitled to demand interest on arrears at the statutory rate from the due date of the invoice amount, setting a grace period of 14 calendar days. This right shall also exist in the event of default of payment by the customer through no fault of his own. If the customer fails to meet its payment obligations within the grace period set, the seller may, at its discretion, declare its withdrawal from the contract or set a new grace period. The entitlement to does not exclude the assertion of further claims by the seller. - Return of goods
6.1. A right of withdrawal or other right to return goods purchased by the customer is excluded, unless expressly agreed otherwise. - Other provisions
7.1 Orders are generally only accepted by the seller subject to the ability to deliver and the actual availability of the goods.
7.2 The statutory warranty provisions apply. The warranty period for the delivery of movable goods is two years from acceptance of the goods. Warranty claims must be examined by the customer without delay and must be reported to the seller without delay, namely recognizable defects immediately upon acceptance, hidden defects at the latest within two weeks of discovery and upon presentation of the opened goods and original invoice. Warranty claims are generally limited to the purchase price of the delivered, defective goods. The fulfillment of the warranty claim can be made at the discretion of the seller by improvement (in particular subsequent delivery) or price reduction and rescission of the contract. Age-related changes in taste, color and packaging as well as other customary or minor technical deviations in quality, quantity, color, size, weight, taste or design do not constitute warranty defects or non-performance of the contract. Any warranty is excluded for goods whose seal has been broken or after tasting, consumption or processing has begun.
7.3. The seller is liable for damages in accordance with the statutory provisions. However, liability for damages caused by slight negligence is excluded. The contractual partner must prove the existence of intent or gross negligence. Liability for loss of profit and other consequential damages is excluded. Furthermore, the seller’s liability is generally limited to 10% of the purchase price. Compensation for consequential damage (due to defects), other material damage, financial loss and damage arising from third-party claims against the customer is also excluded.
7.4. Changes to orders by the customer must always be made in writing (by e-mail) and must be received by the seller in good time before the goods are dispatched. Such changes shall only become effective upon written confirmation by the seller.
7.5. Changes to the customer’s delivery address must be reported to the seller independently. If the customer does not notify the change of address or does not do so in good time before the goods are delivered, the seller has the right to charge the customer for any resulting costs (such as unsuccessful delivery attempts, storage costs and the like).
7.6. If an order concerns goods whose sale is subject to age restrictions, the customer must ensure that these goods are only accepted by or handed over to persons who are of the appropriate minimum age. The sale and delivery of wine and spirits can only be made to persons over the age of 18. By placing an order, the customer declares that he or the recipient of the goods is over 18 years of age.
7.7. By placing an order, the customer agrees that the seller may process, store and use the customer’s data obtained through this business relationship in an automated manner. With regard to data protection, reference is made to the separate data protection declaration (available on the homepage under data protection).
7.8. The contracting parties waive the right to contest or amend the contract on the grounds of error.
7.9. Should individual provisions of these GTC be invalid due to mandatory statutory provisions or otherwise, this shall not affect the entire contract. In this case, only the respective ineffective provision shall be irrelevant and shall at best be replaced by the respective mandatory statutory provision or a provision that comes as close as possible to the economic result of this provision and is not ineffective, invalid or unenforceable.
7.10. The contract language is German. Only the German language shall be used for communication with the Seller and the performance of this contract.
7.11. The place of performance for all services arising from the contract is the Seller’s registered office. This shall not apply to contracts with consumers.
7.12. The competent court at the Seller’s registered office shall have exclusive jurisdiction to decide on all disputes arising in connection with contractual relationships.
7.13. This contract shall be governed exclusively by Austrian substantive law, excluding the conflict of law rules of Austrian private international law and excluding the United Nations Convention on Contracts for the International Sale of Goods. - Deviating regulations for consumers
8.1 In this context, consumers are natural persons pursuant to Section 1 KSchG who conclude a legal transaction that cannot be attributed to their commercial or independent professional activity. The above General Terms and Conditions apply to consumers with the following deviations:
8.2 The receipt of an order will be confirmed by the seller immediately to the e-mail address provided by the customer. This is merely a confirmation of receipt of the order, which in no case constitutes acceptance of the contract. The customer is bound to his order for two working days from receipt by the seller. The statutory right of withdrawal remains unaffected. If orders are received outside opening hours, they shall only be deemed to have been received at the beginning of the next working day (this also applies to the web store). Orders will be checked and processed by the seller within reasonable and customary processing times.
8.3. Outside the webshop, delivery to consumers is only made against prepayment. Unfortunately, delivery on account is not possible for consumers.
8.4. Consumers have the right to withdraw from the purchase contract within 14 calendar days of receipt of the goods. The withdrawal period begins as soon as the customer or a third party nominated by the customer has taken delivery of the goods. In the case of a purchase contract for several goods, the withdrawal period begins as soon as the buyer or a third party named by him has taken delivery of the last partial shipment, the last goods or the last item. The day of acceptance is not included in the time limit. Withdrawal must be declared in writing by e-mail to [to be added], stating the relevant order number. The withdrawal period shall be deemed to have been observed if the declaration of withdrawal is sent within the withdrawal period. The consumer must arrange for the immediate return of the goods and bear the corresponding transportation and shipping costs for the return. For goods that are delivered sealed (e.g. wine bottles), there is no right of withdrawal for health protection and hygiene reasons in accordance with Section 18 (1) (5) FAAG if the seal has been removed or broken after delivery. Any payments made by the customer will be refunded immediately upon receipt of the returned goods by the seller.
8.5 The statutory warranty provisions apply. Age-related changes in taste, color and packaging as well as other customary or minor technical deviations in quality, quantity, color, size, weight, taste or design do not constitute warranty defects or non-performance of the contract. Any warranty is excluded for goods whose seal has been broken or after tasting, consumption or processing has begun. Complaints in connection with statutory warranty claims should be addressed to weingut@angerhof-tschida.at.
8.6. In principle, the competent court at the Seller’s registered office shall have jurisdiction to decide on all disputes arising in connection with contractual relationships, unless mandatory statutory provisions are applicable to consumers and conflict with this.
8.7. This contract shall be governed exclusively by Austrian substantive law, excluding the conflict of law rules of Austrian private international law and excluding the United Nations Convention on Contracts for the International Sale of Goods, with the restriction that mandatory statutory provisions of the law of the country in which the consumer has his registered office or habitual residence cannot be superseded by this.