1. SCOPE OF APPLICATION
1.1 The following general terms and conditions apply to the sale and delivery of products and services by the Poys winery with the address Schweinbarther Strasse 11, 2214 Auersthal.
1.2 The general terms and conditions can be changed by us at any time and apply in the version current at the time of the customer’s order.
1.3 Deviations from these terms and conditions are not valid unless we have agreed to them in writing or by email before accepting the order.
1.4 By placing an order, the customer agrees to these general terms and conditions.
1.5 The customer’s order represents a binding agreement. When we have received the order, customers will be notified of the receipt of the order via the email address they have provided. This communication does not yet represent an acceptance of the customer’s offer on our part. The acceptance of the customer’s offer takes place through actual delivery of the ordered goods. We reserve the right to shorten or refuse orders without giving a reason. Due to the limited quantities of individual vintages, a sell-out situation may arise during the ordering process. All products offered are therefore only valid “while stocks last”. Availability subject to change, misprints and errors!
2. PRICES AND SHIPPING CHARGES
2.1 The prices offered are gross prices in euros and include all statutory taxes and duties for deliveries within Austria, excluding shipping costs, which are to be paid separately. Subject to price changes and errors!
2.2 For deliveries outside Austria, additional customs duties and / or charges may apply, including any import or export duties and any consumption taxes that may lead to a change in the gross prices offered. Such duties and / or charges are to be borne by the buyer in the respective statutory amount. In addition, deliveries outside of Austria can only take place if there are no legal or disproportionate logistical obstacles to the delivery.
2.3 The buyer bears all shipping costs. The costs of delivery are shown in the shopping cart when ordering in the online shop after selection, and are shown in the order confirmation sent by us in writing for an order placed by post, telephone or e-mail.
2.4 For shipments within Austria, we charge shipping costs of € 8.00 per box of six and € 10.00 per box of twelve. For shipments to Germany, the shipping costs are € 17.00 per carton of six and € 20.00 per carton of twelve.
2.5 For deliveries within Austria, no shipping costs are charged for an order value of € 150.00 or more. Deliveries to Germany are free of charge from an order value of € 300.00.
2.6 For the remaining states of the Schengen area, the actual delivery costs incurred will be invoiced and the amount will be invoiced in accordance with point 2.3. Our shipping costs can be found in our shipping costs table. For deliveries outside the Schengen area, deliveries are made by a forwarding agent. In this case, it is not possible to calculate the shipping costs automatically. Customers can still order following the usual order process. After submitting the order, we will state the actual delivery costs. The purchase contract is only concluded when the customer has accepted the offer.
2.7 We recommend ordering in multiplies of six bottles. As our organic wines are sent in boxes of six or twelve and the shipping costs are calculated per box.
3.1 The customer undertakes to pay the purchase price in full upon conclusion of the contract. The goods will only be delivered after the amount has been received on our bank account. We accept the following payment methods: VISA, MasterCard, instant transfer.
3.2 The delivered goods remain our property until the purchase price and any ancillary fees have been paid in full. Transfer of ownership and attachment are not permitted until payment has been made.
3.3 If the buyer is in default of payment or otherwise default, we can:
request reimbursement of any costs we have incurred, including for return of the goods to us.
3.6 Any discounts we have granted are conditional upon receipt of full payment. When paying with vouchers, no credit can be issued for any remaining amounts. The deadline for redeeming vouchers / discounts etc. is based on the date indicated on them.
3.7 Discounts do not apply to goods that have already been subject to a reduction in price. Discounts and special offers are only applicable to normal household quantities.
3.8 Vouchers / discounts etc. cannot be redeemed in cash.
4. TRANSFER OF RISK
4.1 If the buyer collects the goods himself, use and risk are transferred to the buyer at the latest when the goods are handed over.
4.2 In the case of delivery, the type of transport and the route of transport are determined by us. When the goods are handed over to the carrier, use and risk are transferred to the buyer. Delivery is therefore at the expense and risk of the buyer.
5. RETURN OF GOODS AND RIGHT OF WITHDRAWAL
5.1 Unwanted goods, if they have not been opened, can be taken back under the following conditions: the return must be made within 14 days of the invoice date in original packaging, the goods undamaged and with the original invoice being presented. The redemption takes place at the price valid at the time of the original purchase. The purchase price will be reimbursed in the form of the original payment method.
5.2 The goods must be checked for correctness and completeness immediately upon receipt. Any damage that occured during the transport must be confirmed by the transport company and reported within eight days.
5.3 The costs and risk of the return are to be borne by the buyer. The goods must only be returned to the following address: Weingut Poys, Schweinbarther Strasse 11, 2214 Auersthal, Austria.
6. ORDERS AND CHANGES
6.1 Orders are accepted by phone, email or via the online shop from Monday to Friday from 9 a.m. to 6 p.m. If orders are received outside of the order times, they are only deemed to have been received on the next working day.
6.2 Changes or cancellations of orders by the buyer must be made in writing (including email).
7.1 Warranty claims require that defects are reported to us immediately: recognizable defects immediately upon acceptance, hidden defects after discovery with presentation of the opened goods and original invoice.
7.2 A warranty claim is limited to the purchase price of the delivered and defective goods.
7.3 Warranty obligations take place at our discretion either through delivery of defect-free goods, improvement, subsequent delivery of shortfalls or reversal of the contract (ie repayment of the purchase price) within six weeks of the complaint.
7.4 Claims based on taste, commercial or minor, technically conditioned deviations in quality, quantity, colour, size, weight, packaging or design do not constitute warranty defects.
7.5 Once the goods have been tasted, consumed or processed, any warranty is excluded.
8. YOUTH PROTECTION
8.1 Alcoholic beverages are only dispensed and delivered to people over the age of eighteen (18). By placing the order, the customer assures that he or the recipient of the goods is older than eighteen (18) years. To comply with the statutory provisions, we are entitled to hand over the goods only after confirmation of age by means of an official photo ID. In the case of a justified refusal of handover, the customer is obliged to compensate for any cost/damage actually incurred.
9. DATA PROCESSING AND DATA PROTECTION
The processing, in particular the collection and use of your personal data in connection with the use of our website and the newsletter, takes place in accordance with the data protection declaration.
10. Right of withdrawal
10.1 There is no right of withdrawal for orders placed by commercial businesses.
10.2 For consumers within the meaning of the Consumer Protection Act, who have placed an order by way of distance selling, the following applies: you have the right to withdraw from this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. In order to exercise this right of withdrawal, the buyer must send a clear declaration to us, Weingut Poys, Schweinbarther Strasse 11, 2214 Auersthal, Austria, Tel .: +43 2288 6067, email: email@example.com (ie a letter sent by post or email) of his decision to withdraw from the contract.
10.3 If you withdraw from this contract, we have all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you choose a different type of delivery than the cheapest standard delivery offered by us have chosen) to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; in no event will you be charged any fees for this repayment.
10.4 You can find our cancellation policy under declaration of cancellation.
11. OTHER PROVISIONS
11.1 If individual provisions of the contract or these general terms and conditions are invalid, this does not result in the invalidity of the entire contract or the entire general terms and conditions. The remaining content of the contract or the remaining general terms and conditions remain unchanged.
11.2 The contract language is German. All contracts concluded by us are exclusively subject to Austrian law to the exclusion of the UN sales law. The competent court in 2214 Auersthal has local jurisdiction to resolve all disputes arising from this contract. However, we also have the right to take legal action at the general place of jurisdiction of the contractual partner.
11.3 Responsible for the content (according to the E-Commerce Act 2002):