General Terms and Conditions
of Weingut & Rebschule Burger GmbH & Co KG, FN 490853 v
3550 Langenlois, Zeiselberg 16
valid from 1 January 2024

 

Contracting party: Weingut & Rebschule Burger GmbH & Co KG, FN 490853 v (hereinafter referred to as the “Company”) 3550 Langenlois, Zeiselberg 16 Companies’ Register court: Companies’ Register at the Krems an der Donau Regional Court Tel.: +43 (0) 2734 4440 Email: office@w-r-b.at VAT ID no.: ATU73279089
 

1. Applicability
The Company provides its deliveries, services and offers via its webshop (exclusively available at www.weingut-rebschule-burger.at) exclusively on the basis of these General Terms and Conditions (hereinafter: GTC); the Company does not recognise any customer terms and conditions that conflict with or deviate from these GTC unless it has expressly agreed to the validity thereof. Any actions taken by the Company to fulfil a contract do not constitute approval to terms and conditions deviating from these GTC.
 

2. Order and conclusion of contract

2.1 The presentation of the goods in the webshop does not constitute a binding offer by the Company upon which a purchase agreement can be concluded. The customer is merely requested to submit an offer by placing an order.

2.2 Orders are made via the webshop as follows:

a. Select the desired goods

b. Enter the login data for registration in the webshop (first name, surname, street/road and house number, postcode, town/city, country, email address); users can log in with an email address and password once they have registered for the first time

c. Pre-contractual information for consumers is displayed pursuant to section 5a of the Consumer Protection Act [Konsumentenschutzgesetz, KSchG] and section 4 of the Remote and External Business Act [Fern- und Auswärtsgeschäfte-Gesetz, FAGG]

d. Choose shipping and payment method (advance payment, credit card payment, instant bank transfer)

e. Check the details in the shopping cart

f. Confirm by clicking on the button “order with obligation to pay”

g. Check again and, if necessary, correct the respective data entered

h. Send binding order

i. By sending the order in the webshop, the customer submits a binding offer to conclude a purchase agreement for the goods contained in the shopping cart. By submitting the order, the customer acknowledges the pre-contractual information for consumers and these GTC as being solely authoritative for the legal relationship with the Company.

j. The Company confirms receipt of the customer’s order by sending a confirmation email. This order confirmation does not constitute final acceptance of the contractual offer by the Company. It merely serves to inform the customer that the order has been received by the Company. Formal acceptance of the contractual offer is made when the goods are dispatched or an express declaration of acceptance is given.

 

3. Consumer’s right to withdraw as per section 11 of the Remote and External Business Act [Fern- und Auswärtsgeschäfte-Gesetz, FAGG]

3.1 A customer, who is a consumer within the meaning of the Consumer Protection Act [Konsumentenschutzgesetz, KSchG], may withdraw from a contract concluded away from the business premises of the Company or from a contract concluded remotely within fourteen working days, unless a legal exception applies.

3.2 The period during which a right to withdraw can be exercised is fourteen calendar days. In the case of contracts for the delivery of goods, it begins on the day on which the consumer (customer) or a third party named by them, who is not the carrier, has taken possession of the goods. In the case of a contract for several goods ordered in a single order and delivered separately, from the day on which the consumer (customer) or a third party named by them, who is not the carrier, has taken possession of the last set of goods. It is sufficient if the consumer (customer) has sent the declaration of withdrawal within the deadline.

3.3 The declaration of withdrawal can also be made electronically by sending an email to office@w-r-b.at using the model withdrawal form available at (insert link).

3.4 The right of withdrawal does not apply to goods that are manufactured according to customer specifications, that are clearly tailored to personal needs, that are not suitable for return due to their nature, that can spoil quickly or whose expiration date has been exceeded (section 18(1) FAGG).

3.5 If the consumer (customer) withdraws from the contract,

a. the Company must refund the payments made by the consumer (customer) including the delivery costs (with the exception of the additional costs resulting from the fact that the consumer [customer] has chosen a different type of delivery than the least expensive standard delivery offered by the Company) and reimburse any necessary and expedient related expenses incurred by the consumer (customer), and

b. the consumer (customer) must return the goods received and pay the Company a reasonable sum of money for the use thereof, including compensation for any associated reduction in the fair market value of the goods.

c. The consumer must bear the direct costs of returning the goods.

 

 

4. Prices, shipping costs

4.1 The prices for the individual items are listed on the home page of the webshop. Unless expressly stated otherwise, all prices quoted by the Company are inclusive of statutory VAT. For orders from EU member states, the VAT rate for the destination country is automatically applied.
4.2 The Company’s sales prices do not include shipping costs. Shipping is at the customer’s expense. The actual costs incurred for shipping, including a reasonable fee for overheads, but at least the freight and transportation costs of the selected shipping method applicable or customary on the day of delivery, will be invoiced.

 

5. Terms of payment, interest on arrears

5.1 Payment can be made in advance (instant bank transfer) or by credit card. The goods will only be dispatched once payment has been received in full.

5.2 If the customer is in arrears, the Company is entitled to choose between seeking compensation for the damage actually incurred or interest on arrears at the statutory rate. The rate for consumers is: 4% pa, for businesses: 9.2% pa above the base interest rate.

5.3 In the event of the customer falling into arrears, the Company is also entitled to seek payment of compound interest from the date of delivery of the goods.

 

6. Dunning charges and debt collection expenses
In the event of falling into arrears, the customer commits to reimbursing the dunning charges and debt collection expenses incurred by the Company, insofar as said costs are needed for legal enforcement. For B2B transactions, this includes a fixed amount of EUR 40 as compensation for debt collection costs pursuant to section 458 of the Austrian Business Code [Unternehmensgesetzbuch, UGB]. The assertion of further rights and claims remains unaffected hereby.
 

7. Default of acceptance
If the customer has failed to accept the goods as agreed (default of acceptance), the Company is entitled, after setting a grace period which expires without success, either to store the goods on its premises, for which the Company may charge a storage fee of 0.1% of the gross invoice amount per calendar day or part thereof, or to store the goods at the customer’s expense and risk with an authorised tradesman. At the same time, the Company is entitled either to insist that the contract be fulfilled or, after setting a reasonable grace period of at least two weeks, to withdraw from the contract and sell the goods elsewhere.

 

8. Delivery terms

8.1 The Company is only obliged to perform the service once the customer has fulfilled all their obligations required for performance.

8.2 Unless otherwise stated in the order confirmation, the Company will dispatch the goods within four working days of receipt of payment.

8.3 The Company is entitled to exceed the agreed deadlines and delivery periods by up to one week. Only once this period has expired is the customer entitled to withdraw from the contract after setting a reasonable grace period.
 

9. Minor changes to performance
If the transaction is not a consumer transaction, minor or other changes to the performance or delivery obligation that are reasonable for the customer are deemed approved in advance. This applies in particular to deviations attributable to the goods themselves.

 

10. Compensation for damages
No claims for damages may be made in cases of slight negligence. This does not apply to cases involving personal injury or – in the case of consumer transactions – to damage to items accepted for processing. The existence of slight or gross negligence must be proven by the injured party, unless the case in question is a consumer transaction. The provisions on damages contained in these GTC or otherwise agreed also apply if the claim for damages is made in addition to or instead of a warranty claim.

 

11. Retention of title
All goods are delivered by the Company subject to retention of title and remain the latter’s property until payment has been made in full. The assertion of the retention of title only constitutes a withdrawal from the contract if the Company explicitly declares this as such. If goods are taken back, the Company is entitled to charge any transportation and handling costs incurred. In the event of the goods subject to retention of title coming into the possession of third parties – in particular through seizure – the customer undertakes to draw attention to the Company’s right of ownership and to inform the Company without undue delay. If the customer is a consumer or not an entrepreneur whose ordinary course of business includes trading in the goods purchased from the Company, they may not dispose of the goods subject to retention of title until the outstanding purchase price claim has been settled in full; in particular they may not sell, pledge, give away or lend these goods. The customer bears the entire risk for the goods subject to retention of title, in particular the risk of destruction, loss or deterioration.

 

12. Right of withdrawal of the Company/unauthorised withdrawal of the customer

12.1 In the event of default of acceptance (Item 7.) or other causes, such as default of payment on the part of the customer, the Company is entitled to withdraw from the contract, provided that it has not yet been completely fulfilled by both parties. In the event of withdrawal, the Company can choose between claiming a fixed rate of compensation of 15% of the gross invoice amount or compensation for the actual damage incurred, if the customer is at fault. If the customer is in default of payment, the Company is released from all further performance and delivery obligations and entitled to withhold any outstanding deliveries or services and to demand advance payments or securities or to withdraw from the contract after setting a reasonable grace period.

12.2 If the customer – without being entitled to do so – withdraws from the contract or seeks rescission thereof, the Company may choose between insisting on the fulfilment of the contract
or agreeing to the rescission of the contract; in the latter case, the customer is obliged to pay a fixed rate of compensation amounting to 15% of the gross invoice amount or the actual damage incurred, at the discretion of the Company.

 

13. Data protection

13.1 The Company and the customer are required to comply with the provisions of the Austrian Data Protection Act [Datenschutzgesetz, DSG], the General Data Protection Regulation (GDPR) and any other statutory obligations on confidentiality.

13.2 The Company processes the personal data required for the purpose of fulfilling the contract. Detailed privacy information (data protection notice) in accordance with Art. 13 et seqq. GDPR can be found on our website at: weingut-rebschule-burger.at

13.3 The customer is obliged to take all necessary data protection measures, in particular those under the GDPR (e.g. obtaining a declaration of consent from the data subjects), meaning that the Company may process the personal data for the purpose of the contractual relationship.

 

14. Change of address and copyright

14.1 The customer is obliged to inform the Company of any changes to their residential or business address as long as the contract has not been completely fulfilled by both parties. Should the customer fail to make such a notification, any declarations sent will be deemed to have been received if they are sent to the last known address.

14.2 Samples, catalogues, brochures, illustrations and the like remain the intellectual property of the Company at all times; the customer is not granted any rights to use or exploit them in any way whatsoever.

 

15. Right of retention
If the transaction is not a consumer transaction, the customer is only entitled to withhold a reasonable part of the gross invoice amount in the event of a justified complaint, not the entire gross invoice amount – except in cases where the contract is rescinded.

 

16. Place of performance, language of the contract, choice of law, legal venue

a. The place of performance is the registered office of the Company.

b. The contract language is German.

c. The contracting parties agree to Austrian domestic jurisdiction. If the matter in question is not a consumer transaction, the court with subject-matter jurisdiction at the registered office of the Company has exclusive local jurisdiction to rule on any and all disputes arising from this contract.

d. It is agreed that Austrian substantive law applies to this contract without regard to the conflict-of-law provisions of private international law (e.g. the Rome Convention, Rome I Regulation) and the UN Convention on Contracts for the International Sale of Goods. This choice of law only applies to a consumer insofar as it does not restrict any mandatory statutory provisions of the country in which the consumer has their domicile or habitual residence.
 

17. Partial invalidity
If any provisions of this contract are legally ineffective, invalid and/or void or become so in the course of their term, this will not affect the legal effectiveness and validity of the remaining provisions. In this case, the contracting parties undertake to replace the legally ineffective, invalid and/or void provision by a provision that is legally effective and valid, and corresponds in its economic effect to the replaced provision – as far as possible and legally permissible.

 

18. Final provisions

a. All declarations of a legally binding nature based on this contract must be made in writing to the last address of the other contracting party notified in writing. If a declaration is sent to the last address notified in writing, it is deemed to have been received by the respective contracting party.

b. The headings chosen for the individual chapters are for the sole purpose of clarity and therefore not to be used when interpreting this contract.

c. It is only permitted to assign individual rights and obligations under these GTC with the express written consent of the other contracting party.

 

19. Consent pursuant to section 107 of the Telecommunications Act [Telekommunikationsgesetz, TKG]
The customer agrees to receive messages for advertising purposes from the Company or from businesses commissioned by the Company to do so within the meaning of section 107 of the Telecommunications Act [Telekommunikationsgesetz, TKG]. This consent can be revoked by the customer at any time by sending an email to office@w-r-b.at.
Information on exercising the right of withdrawal under WEBSHOP GTC

 

1. Right of withdrawal1
You have the right to withdraw from this contract within fourteen days without giving any reason. The period for withdrawing from this contract is fourteen days from the day
• on which you or a third party named by you, who is not the carrier, took possession of the goods.
• In the case of a contract for several goods ordered in a single order and delivered separately, from the day on which you or a third party named by you, who is not the carrier, took possession of the last set of goods.
To exercise your right of withdrawal, you must clearly inform

 

Weingut & Rebschule Burger GmbH & Co KG, FN 490853 v
3550 Langenlois, Zeiselberg 16
Companies’ Register court: Companies’ Register at the Krems an der Donau Regional Court

Tel.: +43 2734 4440 Email: office@w-r-b.at

 

of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or email). You can used the attached model withdrawal form, but it is not mandatory.
You can submit the model withdrawal form or another clear and unequivocal declaration. Should you make use of this option, we will send you confirmation of having received such a withdrawal without undue delay (e.g. by email).
To comply with the deadline for exercising such a withdrawal, it is sufficient for you to send the message indicating your wish to exercise the right of withdrawal before the deadline expires.

 

2. Consequences of withdrawal
In the event that you withdraw from this contract, the COMPANY must refund any and all payments received from you, including the costs of delivery (with the exception of the additional costs resulting from you choosing a method of delivery other than the least expensive method of standard delivery offered by the COMPANY), without undue delay and no later than fourteen days from the day on which the notification of your withdrawal from this contract is received by the COMPANY. For this refund, the COMPANY will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.
The COMPANY may refuse a refund until it has received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to the COMPANY without undue delay and no later than fourteen days from the day on which you notify the COMPANY of your wish to withdraw from this contract. The deadline is deemed met if you send off the goods before the end of the fourteen days.
You are responsible for bearing the direct costs of returning the goods. You are only required to pay for any loss in value of the goods if this loss in value is due to the goods being handled in such a way that goes beyond any need to check their condition, properties and functionality.

 

3. Model withdrawal form
Should you wish to withdraw from the contract, please complete this form and send it back to
Weingut & Rebschule Burger GmbH & Co KG, FN 490853 v
3550 Langenlois, Zeiselberg 16
Tel.: +43 2734 4440
Email: office@w-r-b.at
I/We (*) hereby withdraw from the contract concluded by me/us (*) to purchase goods of the COMPANY.
Ordered on ...
... Name of the consumer(s)
... Address of the consumer(s)
…, on …
... Signature of the consumer(s)