I. SCOPE OF APPLICATION
Our following general terms and conditions (hereinafter referred to as “terms and conditions”) apply to all purchase contracts concluded by us as a seller of goods (in particular wine and sparkling wine) with our customers. Terms and conditions of our customers who deviate from these conditions will not become part of the contract. Our terms and conditions apply exclusively, unless they are amended or supplemented either by supplementary special terms and conditions for specific divisions or by express written agreement. Present terms and conditions are also the basis for all future sales contracts between us and the respective customer.
II. CONCLUSION OF THE PURCHASE CONTRACT
All offers in sales brochures, price lists and other types of printed matter of Markus Huber GmbH & Co. KG, on the Markus Huber GmbH & Co KG website (www.weingut-huber.at) and suchlike are made “without obligation”. The customer’s orders constitute a binding offer. Markus Huber GmbH & Co KG is free to accept offers to conclude purchase contracts within 14 days from receipt of the offer or to reject them by sending a corresponding declaration to the customer. The order is accepted at our discretion within 14 days by sending an order confirmation by post, fax, e-mail or directly by sending the ordered goods.
III. PURCHASE PRICE
The purchase price for the ordered goods resulting from our current sales prospectus, price lists or other documentation is deemed to be agreed. These prices are inclusive of VAT, but exclude shipping charges, customs duties, or any other third-party fees. The invoice amount is payable immediately without deduction upon receipt for payment. In case of delayed payment, 12% default interest is agreed. Markus Huber GmbH & Co. KG reserves the right to increase the purchase prices for purchase contracts with an agreed delivery period of more than three months in accordance with the cost increases due to tax increases, exchange rate fluctuations or material price increases. If the increase is more than 5% of the agreed price, the customer has a right of withdrawal regarding the goods affected by the price increase.
IV. DELIVERY TIME
As a matter of principle, we fulfill our delivery obligations within one month from the conclusion of the purchase contract. If we are unable to fulfill the contract due to the unavailability of the goods, we will inform the customer immediately after becoming aware of this.
V. RETENTION OF OWNERSHIP
Until full payment of the purchase is received, Markus Huber GmbH & Co KG reserves ownership of the object of purchase. This also applies in cases that the delivered items are resold, altered, processed or blended.
VI. LIMITATION OF LIABILITY
Markus Huber GmbH & Co KG is not liable for damages that did not occur during delivery item itself; In particular Markus Huber GmbH & Co KG is not liable for lost profits or other pecuniary losses of the customer. Insofar as the liability of Markus Huber GmbH & Co KG is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents. If Markus Huber GmbH & Co. KG negligently violates an essential contractual obligation, the obligation to pay compensation for material damage is limited to the typically occurring damage.
VII. WARRANTY AND DAMAGES
In accordance with the following provisions, Markus Huber GmbH & Co KG warrants that the subject of the contract complies with the order upon delivery or collection and is suitable for normal use. The customer can only invoke warranty rights if he has promptly notified Markus Huber GmbH & Co KG of any defects that have occurred. Verbal, telephone or non-immediate complaints and claims are not considered. In case of warranty in accordance with these provisions, Markus Huber GmbH & Co KG must primarily improve or exchange the goods according to general warranty provisions.
Price reduction or conversion can only be demanded by the customer if improvement or replacement is not possible, for which Markus Huber GmbH & Co KG would incur disproportionate costs or if Markus Huber GmbH & Co KG does not comply with the customer’s request or does not comply with the customer´s request in an appropriate period. In addition, Markus Huber GmbH & Co KG may then reduce the price or convert it if the improvement or replacement would be disproportionate for it.
The right to change is excluded if it is only a minor defect. Claims for damages of the customer only exist if they are based on intent or gross negligence on the part of Markus Huber GmbH & Co KG.
VIII. SPECIAL PROVISIONS FOR CONSUMER / REVOCATION
If the customer is a consumer within the meaning of the Consumer Protection Act (“KSchG”) and if it concerns a long-distance transaction, he can revoke the contract within 14 days without giving reasons. The cancellation period is 14 days from the date of the contract. In order to exercise the right of withdrawal, the customer must inform Markus Huber GmbH & Co KG by means of a written statement stating the name, the address, the telephone number and the decision to cancel the contract. The deadlines are respected insofar as the customer sends the notification to revoke the contract before expiry of the revocation period.
If the customer revokes the contract, Markus Huber GmbH & Co. KG has to refund all payments that Markus Huber GmbH & Co. KG received from the customer, including the delivery costs (with the exception of the additional costs arising from the fact that the customer has chosen a different type of delivery than the Markus Huber GmbH & Co KG offered, favorable standard delivery) immediately and no later than 14 days from the day on which the notice of withdrawal of the contract has been received. For this repayment, Markus Huber GmbH & Co KG uses the same means of payment that the customer used in the original transaction, unless otherwise agreed with the customer; in no case will Markus Huber GmbH & Co KG charge fees for this repayment. Markus Huber GmbH & Co. KG may refuse to repay it until it has received the goods back or until the customer has provided proof that they have returned the goods, whichever occurs first.
The customer must return the goods to Markus Huber GmbH & Co KG immediately and in any event not later than 14 days from the day on which he notifies Markus Huber GmbH & Co KG of the cancellation of this contract. The deadline is met if the customer sends the goods before the expiry of the period of 14 days. The customer bears the immediate costs of returning the goods. The customer only has to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the condition, characteristics and functioning of the goods. In the download section of the website is a sample revocation form, which can be used for revocation.
IX. DATA PROTECTION
We process personal data entered by you in the course of business transactions for the care of customer relations, for our advertising and for order processing. The required data may be forwarded to service providers. However, we will neither sell nor otherwise market your data to third parties. Markus Huber GmbH & Co KG is entitled to store, transmit, revise and delete personal data of the customer in the course of business transactions. The customer is entitled at any time to object to the use of his data.
X. CONTRACTUAL LANGUAGE, APPLICABLE LAW, PLACE OF FULFILLMENT, JURISDICTION
The contract language is German. All purchase contracts concluded by us are exclusively subject to Austrian law, excluding the national referral standards and the UN Sales Convention.
Place of fulfillment and exclusive place of jurisdiction is A – 3100 St. Pölten, unless a compulsory place of jurisdiction exists. In this case the responsible court in commercial jurisdiction is applicable.
XI. FINAL PROVISIONS
Changes and additions to these General Terms and Conditions and all contracts concluded on their basis can only be made in writing. This also applies to the departure from the written requirement. Should individual provisions of these GTC contradict mandatory statutory provisions, the remaining provisions of these GTC nevertheless remain valid.