Ing. Rainer Christ
+43 1 292 5152
1. General terms1.1 The general terms and conditions (hereinafter referred to as “GTC”) stipulate the contract formation and the contractual relationship between Ing. Rainer Christ (hereinafter referred toas “Weingut Christ” and/or “Vendor”) and the client (hereinafter referred toas “Client” and/or “Vendee”).
1.2 Weingut Christ is the owner of the website https://www.weingut-christ.at/ (hereinafter referred toas “Website”). The AGB apply in the version valid at the time of the conclusion of the contract for all contracts which the Vendee concludes with the Vendor by placing an order via the Website. The GTC are available in the respectively valid version via the Website of the Vendor.
1.3 Deviating or contradictory terms and conditions of the Vendee shall not be valid and shall not become part of the contract between the Vendor and the Vendee unless the Vendor gives written consent prior to the conclusion of the contract.
1.4 The GTC shall become part of the contract with both the consumer and the entrepreneurs unless a deviating provision is expressed within the GTC.
2. Conclusion of the contract2.1 The language of contract and negotiation shall be English.
2.2 By placing an order via the Vendor`s Website, the Customer agrees to the GTC.
2.3 The products shown and offered on the Vendor’s Website are non-binding with regard to their availability. Illustrations are merely symbolic photos and may not always correspond to the products currently available. Performance descriptions on the Vendor’s website are made without assurance or guarantee.
2.4 The sale of all goods is subject to the availability of the products as well as delivery availabilities.
2.5 The presentation of the products on the Vendor’s website does not constitute a binding offer, but an incitement to place an order. The order of the Vendee via the Seller’s website is a binding offer. Immediately upon receipt of the order by the Vendor, an automatic confirmation of the order will be sent to the Vendee to confirm receipt of the order by the Vendor. This confirmation does not constitute acceptance of the binding offer.
2.6 A contract between Vendor and Vendee shall only be concluded when explicit confirmation of the order has been sent, with an invoice sent by the Seller or through the shipment of the products to the Client. The Vendor is entitled to reject a Customer’s order without giving any explicit reasons.
2.7 If the Vendor enables payment in advance, the contract shall be concluded upon provision of bank details and a request for payment to the Customer. If the payment is not received by the Seller within 7 working days after sending the order confirmation despite the due date, the Seller is entitled to withdraw from the contract.
3. Prices and shipping costs3.1 All prices which are displayed on the Vendor’s website are non-binding gross prices in Euros and include all statutory taxes and duties for deliveries within Austria.
3.2 For deliveries outside of Austria, additional duties and taxes, in particular custom duties, may be incurred under certain circumstances, which shall be borne in full by the Client at the statutory rate.
3.3 In addition to the prices displayed on the website, shipping costs will be added by the Vendor for the delivery of the products ordered. All costs incurred in the shipment of the products shall be covered by the Client. All shipping costs are listed in full on Weingut Christ’s website during the ordering process and are also listed in the Vendor’s order confirmation.
3.4 The Vendor is entitled to determine the mode and route of transport, unless instructed otherwise by the Vendee.
4. Terms of payment, default of payment and retention of payment4.1 The purchase price is due for payment at the time the contract is concluded. The client is entitled to choose from the available payment methods during the ordering process.
4.2 If the Vendee is in arrears with the payment owed, the Vendor shall be entitled to:
a) in the case of consumer transactions, charge interest on arrears at a rate of 4% above the primary interest rate.
b) in the case of legal transactions between entrepreneurs, charge interest on arrears at a rate of 9,2% above the primary interest rate.
c) charge default charges in the amount of EUR 6,00 per reminder notice and to demand reimbursement of necessary costs for appropriate legal actions.
d) postpone the fulfilment of one’s own obligations until the Client’s payment owed has been made in full.
e) withdraw from the contract if the deadline for payment has not been met after setting a reasonable grace period.
4.3 Any discounts granted by the Vendor shall be subject to the full payment of the purchase price owed in due time.
4.4 All goods shall be delivered subject to retaining proprietary rights and shall remain property of Weingut Christ until the full payment has been made. If the Client is a consumer or not an entrepreneur whose ordinary business operations include trading the goods purchased from the Vendor, the Client is prohibited from disposing of the goods subject to retention of title, in particular selling, pledging, giving away or loaning them, until all outstanding purchase price claims have been settled. The Client shall bear the risk of destruction, loss or deterioration of the reserved goods.
4.5 In the case of resale of the goods prior to the expiry of the reservation of title, the Client shall already assign to the Vendor upon placing the order, irrespective of any default in payment, all claims accruing to him/her against a third party from the resale up to the amount of the agreed purchase price, including delivery costs and any reminder fees and default interest. In the event of resale of the goods, the Vendee shall undertake the responsibility to inform the Vendor immediately and to disclose the identity of the buyer. At the same time, the Client must inform the purchaser of the assignment of receivables.
5. Transfer of risk, warranty and compensation for damages5.1 The risk of damage to and loss of the goods will be passed onto the consumer as soon as the goods are delivered to the consumer or to a third party chosen by the consumer and which differs from the carrier. If the consumer himself has concluded the transportation contract (including selection of the carrier), the risk shall be transferred to the consumer as soon as the goods are handed over to the carrier. If the Client is an entrepreneur, the risk shall be passed on as soon as the goods are handed over to the carrier.
5.2 The statutory warranty terms shall apply for the products available on Weingut Christ’s website. The warranty period is 2 years from the handover of goods to the Client. Warranty cases must be reported to the Vendor immediately.
5.3 For transactions between entrepreneurs, the warranty is limited to the amount of the purchase price of the defective goods, whereby any warranty is excluded for products that have already been tasted or consumed. In addition, for legal transactions between entrepreneurs, §§ 377 UGB shall apply without restriction.
5.4 The Vendor is liable for damages according to the applicable statutory provisions. The Vendor’s liability for slight negligence shall be excluded, whereby the limitation of liability does not apply to personal injury and to claims under the Austrian Product Liability Act.
5.5 In the case of legal transactions between entrepreneurs, the Client must prove the existence of malice and gross negligence. Between entrepreneurs, liability for loss of profit, consequential damages, other property damages, financial losses and damages from third parties are excluded.
6. Termination of the contract6.1 The Client is allowed to withdraw from the contract within 14 days of receipt of the goods by sending a written declaration of withdrawal from the contract without giving reasons. The written notice of withdrawal must be sent to the Vendor; it is sufficient if the notice of withdrawal is sent within the 14-day withdrawal period (date of postage is essential). The declaration of withdrawal from the contract shall be addressed to:
via E-Mail: firstname.lastname@example.org
6.2 The goods are to be returned by the Client in their original packaging, without damages, unused and with the invoice present. The return shipping costs to the Vendor shall be borne by the Client.
6.3 The Client shall also use his/her right of withdrawal by merely returning the goods within 14 days of receipt without sending a written notice withdrawal. In this case, the deadline can be met if the goods are shown to have been dispatched in good time. The prerequisite for this form of exercising the right of withdrawal by simply returning the goods is that the goods are not damaged or used and that the return is made with sufficient pre-paid postage.
6.4 If the Client withdraws from the contract, the Vendor shall repay the purchase price, including the shipping costs at the latest within 14 days of the day on which notice of withdrawal was received.
6.5 Repayment of the purchase price can be declined until the goods are returned to the Vendor or proof of shipment of the goods is provided. The goods shall be returned to Weingut Christ, Amtsstraße 10-14, 1210 Vienna, Austria.
7. Youth protection7.1 By placing the order, the Client confirms that he/she is of the legal minimum age to purchase alcoholic beverages.
7.2 If the order includes goods whose sale is subject to legal age restrictions, the Vendor shall ensure that the Client has reached the legal minimum age. In order to comply with the statutory age restrictions, the Vendor shall be entitled to hand over the ordered goods only after being provided proof of the Customer’s age. If proof of age is refused, the consumer shall be obliged to compensate for the resulting damage.
8. Data protection8.1 The Vendor processes the Client’s personal data for specific reasons and in accordance with the statutory provisions. The Client gives consent that the Customer’s personal data (such as name, e-mail address, address, bank details, etc.) will be stored and processed by the Vendor via an automated system in order to fulfil the requirements of the purchase contract. The data will be handled confidentially by the Vendor and will not be passed onto third parties who are not part of the order, delivery or payment process.
8.2 The Client is obligated to notify changes in address as long as the contractual legal transaction has not been fulfilled by both parties. If this information is not disclosed, any statements shall be deemed to have been received even if they are sent to the last known address.
8.3 In order to comply with the statutory accounting obligation, the data from invoices and payments will be stored by the Vendor and forwarded for permissible purposes pursuant to § 22 para 3 DSG.
8.4 The client has the right to receive information free of charge upon written request about the personal data stored by the Vendor. The Client has the right to correct any incorrect data and to have his/her personal data deleted, provided that this does not conflict with any legal obligation to retain data.
9. Contact9.1 For questions, complaints and claims, Weingut Christ’s customer service can be contacted on weekdays from 9:00 to 16:00 at the following telephone number: +43 1 292 51 52, and/or at the following e-mail address: email@example.com
9.2 The business address of the Vendor is as follows: Weingut Christ, Amtsstraße 10-14, 1210 Vienna, Austria.
10. Copyright10.1 All copyrights to all images, texts, software, web design and other materials which are displayed on the Vendor’s website are the property of the Vendor if not expressly stated otherwise. The use of images, in particular images of the Seller’s bottles, are prohibited without prior expressed consent. In the event of unlawful use, the seller reserves the right to charge a usage fee for the period of use.
11. Other provisions11.1 The place of performance for the contract to be concluded between Vendor and Vendee is Vienna. This shall not apply to consumer contracts.
11.2 The law of the Republic of Austria shall apply between Vendor and Vendee, excluding the conflict of law rules of private international law as well as the provision of the UN Convention on Contracts for the International Sale of Goods, expressly agreed in the sense of an explicit choice of law, whereby mandatory provisions of the law of the country in which the consumer resides shall not be displaced.
11.3 The Commercial Court of Vienna shall have exclusive jurisdiction over all disputes arising in connection with contractual relationships in which no consumer is involved.