General terms and conditions with customer information
Table of contents
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as ‘GTC’) of the company landw. Ges. Hubert Wieser (hereinafter referred to as ‘Seller’) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as ‘Client’) and the Seller relating to all goods and/or services presented in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these GTC 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.
2) Conclusion of contract
2.1 The product descriptions contained in the seller’s online shop do not constitute binding offers on the part of the seller, but are intended to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated into the seller’s online shop. In doing so, the customer, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, submits a legally binding contract offer for the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer’s offer within five days by:
- Sending the customer a written order confirmation or an order confirmation in text form (fax or email), with the receipt of the order confirmation by the customer being decisive, or
- Delivering the ordered goods to the customer, with the receipt of the goods by the customer being decisive, or
- Requesting payment from the customer after the order has been placed.
If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends with the expiration of the fifth day following the submission of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this is considered a rejection of the offer with the result that the customer is no longer bound by their declaration of intent.
2.4 If the customer selects a payment method offered by PayPal, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer makes a payment using a PayPal payment method that can be selected in the online ordering process, the seller hereby declares acceptance of the customer’s offer at the moment the customer clicks the button concluding the order process.
2.5 When submitting an offer via the seller’s online order form, the contract text is stored by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax, or letter) after the customer has submitted their order. The seller does not provide any further access to the contract text. If the customer has created a user account in the seller’s online shop before submitting their order, the order data will be archived on the seller’s website and can be accessed by the customer free of charge via their password-protected user account using the appropriate login details.
2.6 Before submitting the order through the seller’s online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. A helpful technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the screen display. The customer can correct their entries at any time during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the order process.
2.7 The only language available for the conclusion of the contract is German.
2.8 Order processing and communication are generally carried out via email and automated order processing. The customer must ensure that the email address they provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, the customer must ensure that, if using SPAM filters, all emails sent by the seller or third parties commissioned by the seller to handle the order can be delivered.
2.9 When ordering alcoholic beverages, the customer confirms by submitting the order that they have reached the legally required minimum age.
3) Right of cancellation
3.1 Consumers are generally entitled to a right of cancellation.
3.2 Further information on the right of cancellation can be found in the seller’s cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The customer will be informed of the payment option(s) in the seller’s online shop.
4.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
5) Terms of delivery and dispatch
5.1 The delivery of goods is carried out by shipping to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller’s order processing is decisive for the transaction.
5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending the goods if the customer effectively exercises their right of withdrawal. Regarding the return costs, the provisions specified in the seller’s cancellation policy apply if the customer exercises their right of withdrawal effectively.
5.3 In the case of self-collection, the seller will first inform the customer by email that the goods ordered are ready for collection. After receiving this email, the customer can collect the goods from the seller’s location by arrangement. In this case, no shipping costs will be charged.
5.4 The seller reserves the right, in the event of unavailability of a vintage, to deliver/prepare the next available vintage, provided it is of equal price and quality. The customer will be informed of this change via email prior to delivery/collection.
6) Reservation of ownership
If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.
7.2 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
8) Alternative dispute resolution
8.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
8.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Cancellation policy & cancellation form
Consumers are entitled to a right of cancellation in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity:
A. Cancellation policy
Right of cancellation
Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
Exclusion or premature expiry of the right of cancellation
The right of cancellation does not apply to contracts for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered at the earliest 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.
B. Cancellation form
If you wish to cancel the contract, please complete and return this form available for download.
