Winery Heinzl-Gettinger GesbR
1. Validity
All sales and deliveries of goods by Weingut Heinzl-Gettinger GesbR - especially within the framework of this online shop - are subject to these general terms and conditions. Differing terms and conditions are not valid unless Weingut Heinzl-Gettinger GesbR has agreed to them in writing or by email before accepting the order. The general terms and conditions can be changed by Weingut Heinzl-Gettinger GesbR at any time and apply in the version current at the time the customer places the order. The customer agrees to these general terms and conditions by placing the order at the latest.
2. Conclusion of contract
The contract, order and business language is German. The customer's order represents an offer to Weingut Heinzl-Gettinger GesbR to conclude a purchase contract. As soon as the customer places an order in the Weingut Heinzl-Gettinger GesbR online shop, Weingut Heinzl-Gettinger GesbR sends an email confirming receipt of the order by Weingut Heinzl-Gettinger GesbR and representing a purchase contract for Weingut Heinzl-Gettinger GesbR. Payment is then made as part of the ordering process, either via order form and invoice (sent with the goods), via online banking instant transfer (processed by Klarna Sofort GmbH) or by debiting the customer's credit card. The ordered products are then delivered to the customer by DPD Weinlogistik Direct Parcel Distribution Austria GmbH, Rail Cargo Austria AG or another parcel service. As soon as the ordered goods are being delivered, the customer will be informed by email and will receive the paid invoice with this email.
3. Prices and shipping
The prices offered for the goods are gross prices in EURO and include all statutory taxes and duties for domestic deliveries. Glass and packaging are included, but the special gift boxes and wooden crates from Weingut Heinzl-Gettinger GesbR are expressly excluded.
The prices stated in catalogues, brochures, price lists, etc. are always non-binding unless expressly stated otherwise in individual cases. The prices are also non-binding for repeat orders.
The prices are based on the costs up to the time the price was first quoted. If the costs change up to the time the customer places an order, Weingut Heinzl-Gettinger GesbR is entitled to adjust the prices accordingly. The binding prices are displayed in the Weingut Heinzl-Gettinger GesbR online shop after the correct selection has been made in the shopping cart.
The terms and conditions for shipping costs for shipments within Austria are explained in detail in the webshop. Special promotions for a limited period of time, which are announced in the webshop as well as via postal mailings, web and social media communication channels with regard to the shipping costs, change the shipping costs terms and conditions for the period of time specified therein.
Weingut Heinzl-Gettinger GesbR offers to ship goods ordered in the online shop within Austria as standard. For orders and special product inquiries outside Austria, offers regarding payment and delivery options are sent by email, provided that the interested party has sent their inquiry via the contact form on the website www.weingut-heinzl.at or via email to office@weingut-heinzl.at.
The order will be sent from the Weingut Heinzl-Gettinger GesbR location to the delivery address specified by the customer in cooperation with a delivery service mentioned above.
If Weingut Heinzl-Gettinger GesbR is unable to deliver the ordered goods through no fault of its own because the selected shipping service provider (e.g. Rail Cargo Austria AG, DPD Weinlogistik GmbH) of Weingut Heinzl-Gettinger GesbR does not fulfill its contractual obligations, Weingut Heinzl-Gettinger GesbR is entitled to withdraw from the contract with the customer. In this case, the customer will be informed immediately that the ordered product is not available.
If delivery to the customer is not possible because the goods have to be re-produced, the customer will be notified immediately by email or telephone.
If delivery to the customer is not possible because the customer is not at the delivery address provided by him at the time of the attempted delivery, the delivery service employee will leave a parcel slip at the delivery address with information about the nearest parcel collection point of the respective shipping service provider at which the shipment is ready for collection.
4. Due date and retention of title
The purchase price is due upon conclusion of the contract, at the latest upon delivery of the goods. This also applies to partial deliveries, where the purchase price is to be paid for the partial quantities delivered.
Weingut Heinzl-Gettinger GesbR reserves ownership of all goods until the purchase price including additional fees has been paid in full.
If the buyer is in default with payment or other performance, Weingut Heinzl-Gettinger GesbR can postpone the fulfillment of its obligations until the outstanding payment or other performance is received, claim an appropriate extension of the delivery period corresponding to the customer's default, and demand immediate payment of the entire or outstanding purchase price (default). This also applies if a reasonable grace period is not observed to withdraw from the contract.
In addition, default interest of 5% will be charged. In addition, the customer who defaults on payments is obliged to reimburse the pre- and extra-judicial collection and enforcement costs caused by his default, in particular reminder and collection fees as well as the costs of legal representation. If the payment deadline is exceeded, any remuneration granted (discounts, reductions, etc.) will also expire and be invoiced.
5. Payment
The customer can pay the purchase price using the order form and invoice (sent with the goods), by online banking (instant transfer) or by credit card payment.
6. Place of performance
The place of performance for all services arising from the transactions between the contracting parties is the registered office of Weingut Heinzl-Gettinger GesbR, even if the handover of the goods is to take place at another location according to the agreement.
7. Transfer of risk
If the customer collects the goods himself, the risk is transferred to the customer at the latest when the goods are handed over at the cash desk.
When shipping, the risk is transferred to the customer when the goods are handed over from Weingut Heinzl-Gettinger GesbR to the carrier. Delivery is therefore at the customer's expense and risk.
Transport insurance will only be taken out on the express instructions of the customer and at his expense.
If the customer has concluded the transport contract himself, the risk is transferred to the customer when the goods are handed over to the carrier - even in the case of customers within the meaning of the Consumer Protection Act (KSchG).
8. Right of withdrawal
If the customer is a consumer within the meaning of the Consumer Protection Act and the transaction is a distance sale, he can cancel the contract within 14 days without giving any reason. The cancellation period is 14 days from the day the contract is concluded. To exercise the right of cancellation, the customer must inform Weingut Heinzl-Gettinger GesbR by means of a written declaration stating the name, address, telephone number and the decision to cancel the contract. The deadlines are met if the customer sends the notification of cancellation of the contract before the cancellation period has expired.
If the customer cancels the contract, Weingut Heinzl-Gettinger GesbR must refund all payments that it has received from the customer promptly and at the latest within 14 days from the day on which Weingut Heinzl-Gettinger GesbR received notification of the cancellation of the contract. For this refund, Weingut Heinzl-Gettinger GesbR will use the same means of payment that the customer used for the original transaction, unless something else was expressly agreed with the customer. Under no circumstances will Weingut Heinzl-Gettinger GesbR charge any fees for this refund. Weingut Heinzl-Gettinger GesbR may refuse to refund until it has received the goods back or until the customer has provided proof that he has returned the goods, whichever is earlier.
The customer must return or hand over the goods promptly and in any event no later than 14 days from the date on which he notifies Weingut Heinzl-Gettinger GesbR of the cancellation of this contract. This deadline is met if the customer sends the goods before the expiry of the 14-day period. The customer bears the direct cost of returning the goods. The customer only has to pay for any loss of value of the goods if this loss of value is due to careless handling that is not necessary to check the quality, properties and functioning of the goods.
The customer’s right of withdrawal is excluded for contracts
- about goods that are made to customer specifications or are clearly tailored to personal needs,
- about goods that can spoil quickly or whose expiration date is quickly exceeded,
- about goods which are delivered sealed and are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
- for alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which cannot be delivered earlier than 30 days after conclusion of the contract, and whose current value depends on fluctuations in the market over which the entrepreneur has no influence,
- on the delivery of beverages delivered by Weingut Heinzl-Gettinger GesbR as part of frequent and regular journeys to the consumer’s home, place of residence or place of work;
Consequently, the content requirements for a withdrawal form are:
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
– Ordered on (*)/received on (*):
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if notification on paper) -Date
(*) Delete as appropriate
The completed cancellation form must be sent to:
Weingut Heinzl-Gettinger GesbR, Deinzendorf 109, A-2051 Zellerndorf, Tel. +4329452290, Email: office@weingut-heinzl.at
9. Warranty
Promises, such as those regarding the usability or special properties of the goods, or statements by employees of Weingut Heinzl-Gettinger GesbR are non-binding and do not constitute an express guarantee of certain properties.
Warranty claims require that defects are reported to Weingut Heinzl-Gettinger GesbR immediately, i.e. visible defects immediately upon receipt, hidden defects after discovery, and upon presentation of the opened goods and the original invoice. A warranty claim is in any case limited to the purchase price of the delivered and defective goods.
Reasons of taste, customary or minor, technically caused deviations in quality, quantity, color, size, weight, equipment or design as well as age-related changes in taste, color and packaging do not constitute warranty defects or non-fulfillment of the contract.
Weingut Heinzl-Gettinger GesbR is not liable for the taste, color, material, pattern or other characteristics of the goods ordered. The same applies to goods ordered according to a sample, provided the deviation is within the usual commercial and technical limits.
Any warranty is excluded after tasting, consumption or commenced processing or processing of the goods.
10. Damages
The liability of Weingut Heinzl-Gettinger GesbR is based exclusively on the agreements made in the above points. Further claims by the customer, regardless of the legal basis, including claims for damages, are excluded. This applies in particular to claims for compensation for lost profits, other financial losses - in particular those due to positive breach of contract, financial losses of the customer or compensation for such damages that did not arise from the goods themselves.
The above liability exemption does not apply if the cause of the damage is based on intent or gross negligence. The injured party must prove the existence of intent or gross negligence. The right to compensation ends in any case at the end of the warranty period and is limited to the amount of the invoice.
The same principles mentioned above apply to the liability of vicarious agents and assistants.
11. Protection of minors
Orders for wine and spirits can only be placed by persons over 18 years of age. By placing the order, the customer confirms that he or she or the recipient of the goods is over 18 years of age.
12. Data processing
Please refer to the data protection information sheet also available on this website.
13. Miscellaneous
Should any of these provisions be invalid, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid or enforceable provision that comes closest to the economic result of the invalid provision.
Deviation from these General Terms and Conditions and the formal requirements contained therein require an express written agreement between Weingut Heinzl-Gettinger GesbR and the customer.
Written declarations shall be deemed to have been received if they are sent to the address last provided by the customer.
14. Place of jurisdiction, applicable law
For all legal disputes between the contracting parties, the application of Austrian law is agreed, excluding reference rules and excluding the UN Convention on Contracts for the International Sale of Goods.
The place of jurisdiction for all disputes arising from the contractual relationship or future contracts between Weingut Heinzl-Gettinger GesbR and the customer is the locally and substantively competent court for the location of Weingut Heinzl-Gettinger GesbR.
Deinzendorf, 24.03.2020