Terms and conditions

General Terms and Conditions

1. Area of application
2. Contracting partners, conclusion of contract
3. Prices and shipping costs, delivery
4. Payment methods, offsetting
5. Retention of title
6. Warranty and reporting of damage in transit
7. Liability
8. Final provisions

1. Area of application
The following T&Cs apply to all contracts concluded via our online shop regarding the purchase of wine and other goods offered there. Individual provisions of these T&Cs distinguish as to whether you carry out your purchase as a consumer or a businessperson. This distinction is clarified for you below (including a visual representation).

You count as a businessperson if the purchase agreement concluded with us belongs to your company, whereby a company is any permanently established organisation of independent economic activity, which may not be profit-oriented.

Für Unternehmer gilt noch zusätzlich Folgendes:
Businesspeople are also subject to the following: The application of your own T&Cs to purchase agreements concluded via our online shop is explicitly excluded. They will only become an integral component of the contract if we have agreed to this in writing following explicit contractual negotiations.

2. Contracting partners, conclusion of contract
Contracts concluded via our online shop are established with Ing. W. Baumgartner Gesellschaft m.b.H. & Co. KG., Weingut Baumgartner Platz 1, 2061 Untermarkersdorf, Austria.

You must be at least 18 years old to conclude a contract with us.

The presentation of goods in our online shop does not constitute a legally binding offer on our part. Rather, we invite you to submit a legally binding offer to us for the conclusion of a purchase agreement.

To do this, choose the goods you wish to purchase by clicking the “Add to basket” button. If you wish to increase the quantity of a given good, you can do this either by repeatedly clicking the “Add to basket” button, or by clicking on the basket icon (top-right), in order to choose the desired quantity there. Once you have chosen the quantity of a product you wish to purchase, click on “Update basket” to confirm your input and to have the correct total price of the contents of your basket displayed.

By clicking the “Proceed to checkout” button, you will be taken to the checkout area of our online shop. After entering your personal data for shipping and payment, you must agree to these T&Cs and confirm that you have read our privacy policy. By clicking the button “ORDER AND COMMIT TO PAY”, you submit a legally binding offer to conclude the purchase agreement.

We will then send you an automated order confirmation of receipt, displaying your order again (order confirmation). The automated order confirmation simply documents that we have received your order, but does not constitute acceptance on our part. The purchase agreement is only established when we accept the offer explicitly in writing, which may mean sending you an invoice, or actually dispatch the goods you ordered, which must take place within two working days.

Should we refuse to conclude a purchase agreement, we will inform you of this by email, without giving reasons.

3. Prices and shipping costs, delivery
All prices given in our online shop include the applicable statutory Austrian VAT.

We charge shipping costs in addition to the prices given. The shipping costs will be shown to you on a separate information page, and in the course of the order process.

The following also applies to businesspeople:
Risk will be handed over to you when the goods are handed over to the delivery agent.

4. Payment methods, offsetting
You will be informed about the available payment methods on a separate information page.

If third-party providers (e.g. PayPal, Stripe, “instant bank transfer”) are entrusted with payment processing, the General Terms and Conditions of these third-party providers, which we cannot influence, will also apply.

Offsetting against our receivables is only allowed if we have recognised the receivable, it has been made legally binding by a court, or it is legally connected to your liability (unless insolvency proceedings are opened concerning our assets).

5. Retention of title
The delivered goods shall remain our property until payment has been made in full.

6. Warranty and reporting of damage in transit
The statutory warranty provisions apply in relation to consumers.

If goods are delivered with obvious damage in transit, please lodge a complaint regarding such defects as soon as possible with the delivery agent, and contact us without undue delay. Failure to make a complaint and/or to contact us will not affect your statutory rights and their enforcement, especially your warranty claims. You will help us, however, to make our own claims against the delivery agent.

The following applies to businesspeople:
You must inspect the delivered goods for defects without undue delay, at the latest within three working days. Defects uncovered in this inspection must be reported to us within three working days from examination, giving the nature and scope of the defect. Hidden defects must be reported without undue delay, but at the latest within three working days after they are discovered. If a complaint is not made in good time, the goods received shall count as approved by you.

The warranty period shall be 6 months.

7. Liability
We shall not be liable for damage caused by slight negligence on our part or that of our vicarious agents. This limitation of liability shall not apply to our liability according to the Produkthaftungsgesetz (Austrian Product Liability Act) and for damage resulting from injury to life, body or health which we or our vicarious agents are responsible for.

The following also applies to businesspeople:
Liability for contractually atypical damage, consequential damage from defects, especially lost profit, savings not made and purely financial losses is excluded, except in the event of intention.

Otherwise, your compensation claims shall expire within six months from when the damage and the person responsible for it becomes known.

8. Final provisions
The contractual language is German. Correspondence between us and you shall occur exclusively in German.

The invalidity of individual provisions of these T&Cs shall not affect the application of the other provisions of these T&Cs.

All purchase agreements concluded via our online shop shall be subject exclusively to Austrian law, to the exclusion of the reference norms of the IPR and/or the UN Convention on Contracts for the International Sale of Goods. If Article 6(1) of the Rome I Ordinance applies, this choice of law shall not mean that the consumer is subject to the additional protection of mandatory provisions of the law of the consumer’s state.

The place of performance and jurisdiction for all actions arising from this contractual relationship with us is our registered office at 2061 Untermarkersdorf.

The following applies to consumers regarding the place of jurisdiction:
For actions we bring against you, the domestic place of jurisdiction counts as agreed where you have your domicile, your habitual place of residence or your place of work.

Information on out-of-court dispute resolution platform
In order to resolve disputes under consumer law out of court, the European Union has established an online platform (“OS Platform”, http://ec.europa.eu/odr). You can also submit your complaint to us directly by email: weinkellerei@wein-baumgartner.at.

Right of withdrawal/cancellation for consumers
You have the right to cancel this contract within 14 days without giving reasons. The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, takes or took possession of the goods. In the case of partial deliveries, the cancellation period is 14 days from the day upon which you or a third party nominated by you, who is not the carrier, took possession of the last delivery.

In order to exercise your right of cancellation, you must inform us (Ing. W. Baumgartner Gesellschaft m.b.H. & Co KG, Weingut Baumgartner Platz 1, 2061 Untermarkersdorf, Austria, email: weinkellerei@wein-baumgartner.at, Telephone: +43(0)29432590) by means of a clear declaration (e.g. a letter sent by post or email) about your decision to cancel this contract. You may use the attached sample cancellation form to do so, although this is not mandatory.

To meet the cancellation deadline, it is sufficient to notify us that you intend to exercise your right of cancellation before the cancellation deadline.

Consequences of cancellation
If you revoke this contract, we must refund all payments that we have received from you, including delivery costs (except for the extra costs resulting from your having chosen a different type of delivery from the cheapest standard delivery offered by us) without undue delay and at the latest within fourteen days from the day on which we receive notification that you are revoking this contract. To provide this refund, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you. Under no circumstances will you be charged any fees for this refund. We can refuse to pay the refund until we have received the goods back or you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us without undue delay, and at the latest within 14 days of the day on which you informed us, Ing. W. Baumgartner Gesellschaft m.b.H. & Co KG, Weingut Baumgartner Platz 1, 2061 Untermarkersdorf, Austria, that you were cancelling this contract. You have complied with the time period if you send the goods before expiry of the 14-day period. You bear the direct costs of returning the goods. You only need to pay for any diminished value of the goods if such a loss in value is due to the handling of the goods which was not part of an inspection necessary to check the quality, features and functioning of the goods.

Muster-Widerrufsformular
(Wenn Sie den Vertrag widerrufen wollen, dann füllen Sie bitte dieses Formular aus und senden Sie es zurück)

– To Ing. W. Baumgartner Gesellschaft m.b.H. & Co KG, Weingut Baumgartner Platz 1, 2061 Untermarkersdorf, Austria, email: weinkellerei@wein-baumgartner.at

– I/we (*) hereby cancel the contract I/we (*) concluded on the purchase of the following goods

– Ordered on (*)/received on (*):

– Name of consumer(s):

– Address of consumer(s):

– Signature of consumer(s) (only when giving notification on paper):

– Date

(*) Delete as appropriate

Shipping and delivery

If the delivery is not to Germany or Austria, please send us your order by email.

Delivery within Austria:
Deliveries worth €99.00 or more including VAT are eligible for free shipping. If the order value is lower, we will charge €6.90 (including 20% VAT)

Delivery to Germany:
Deliveries worth €199.00 or more including VAT are eligible for free shipping. If the order value is lower, we will charge €9.90 (including 20% VAT).