Terms of service

This English translation is provided for your convenience. Only the German version is legally binding.

Weingut & Heuriger Christ

Ing. Rainer Christ

Amtsstraße 10-14

1210 Wien

Austria

www.weingut-christ.at

info@weingut-christ.at

+43 1 292 5152

VAT ID: ATU57124588

1. Subject matter

1.1 These General Terms and Conditions (hereinafter „Terms“) govern the conclusion of contracts and the contractual relationship between Ing. Rainer Christ (hereinafter „Weingut Christ“ and/or „Seller“) and the customer (hereinafter „Customer“ and/or „Buyer“).

1.2 Weingut Christ is the owner of the website https://www.weingut-christ.at/ (hereinafter „Website“). The Terms in the version valid at the time the contract is concluded apply to all contracts that the Customer concludes with the Seller by placing an order via the Website. The current version of the Terms is available on the Seller's Website.

1.3 Deviating or conflicting terms and conditions of the Customer are not valid and do not become part of the contract between Seller and Customer, unless the Seller gives express written consent before the contract is concluded.

1.4 The Terms become part of the contract with both consumers and businesses, unless an express deviating provision is made within the Terms.

2. Conclusion of contract

2.1 The language of the contract and of negotiations is German.

2.2 By placing an order via the Seller's Website, the Customer agrees to these Terms.

2.3 The products shown and offered on the Seller's Website are non-binding with regard to their availability. Images are illustrative only and do not always correspond to the products currently available. Descriptions of goods and services on the Seller's Website are made without assurance or guarantee.

2.4 All goods are sold subject to the availability of the products and of delivery options.

2.5 The presentation of the products on the Seller's Website does not constitute a legally binding offer, but an invitation to place an order. The Customer's order via the Seller's Website is a binding offer. Immediately after the Seller receives the order, the Customer is sent an automatic order confirmation confirming that the order has been received by the Seller. This confirmation does not constitute acceptance of the binding offer.

2.6 A contract between Seller and Buyer is only concluded upon express confirmation of the order, the sending of an invoice by the Seller or the dispatch of the products to the Customer. The Seller is entitled to reject the Customer's order without giving reasons.

2.7 Where the Seller offers payment in advance, the contract is concluded when the bank details and the request for payment are provided to the Customer. If, despite being due, payment is not received by the Seller within 7 working days after the order confirmation was sent, the Seller is entitled to withdraw from the contract.

3. Prices and shipping costs

3.1 All prices stated on the Seller's Website are non-binding gross prices in euros and, for deliveries within Austria, include all statutory taxes and charges.

3.2 For deliveries outside Austria, further charges and taxes, in particular customs duties, may be incurred, which are to be borne in full by the Buyer at the statutory rate.

3.3 In addition to the prices stated on the Website, the Seller charges shipping costs for the delivery of the ordered products. All costs arising from the shipping of the products are borne by the Buyer. All shipping costs are listed in full during the ordering process on the Seller's Website and are also stated in the Seller's order confirmation.

3.4 The Seller has the right to determine the type and route of transport, unless the Buyer gives instructions.

4. Terms of payment, default of payment and retention of title

4.1 The purchase price is due for payment at the time the contract is concluded. During the ordering process, the Customer can choose from the available payment methods.

4.2 If the Buyer is in default with the payment owed, the Seller has the right:

a) in consumer transactions, to charge default interest of 4% above the base interest rate;

b) in legal transactions between businesses, to charge default interest of 9.2% above the base interest rate;

c) to charge reminder fees of EUR 6.00 per reminder and to claim reimbursement of the costs necessary for appropriate legal enforcement;

d) to postpone the fulfilment of its own obligations until the Buyer has paid all amounts owed in full;

e) to withdraw from the contract if the payment deadline is not met, after setting a reasonable grace period.

4.3 Discounts granted by the Seller are subject to the condition precedent of complete and timely payment of the purchase price owed.

4.4 All goods are delivered subject to retention of title and remain the property of the Seller until paid in full. If the Customer is a consumer or a business whose ordinary course of business does not include trading in the goods purchased from the Seller, the Customer is prohibited from disposing of the goods subject to retention of title until all outstanding purchase price claims have been settled, in particular from selling, pledging, giving away or lending them. The Customer bears the risk of destruction, loss or deterioration of the goods subject to retention of title.

4.5 In the event that the goods are resold before the retention of title expires, the Buyer, already upon placing the order and irrespective of any default in payment, assigns to the Seller all claims arising from the resale against a third party, 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 Buyer undertakes to inform the Seller immediately and to disclose the identity of the acquirer. At the same time, the Buyer must inform the acquirer of the assignment of the claim.

5. Transfer of risk, warranty and damages

5.1 The risk of damage to and loss of the goods passes to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer other than the carrier. If the consumer has concluded the contract of carriage (including the choice of carrier) themselves, the risk passes as soon as the goods are handed over to the carrier. If the Customer is a business, the risk passes when the goods are handed over to the carrier.

5.2 The statutory warranty provisions apply to the products available on the Seller's Website. The warranty period is 2 years from the handover of the goods to the Customer. Warranty claims must be notified to the Seller without delay.

5.3 In transactions between businesses, the warranty is limited in amount to the purchase price of the defective goods, and any warranty is excluded for products that have already been tasted or consumed. For legal transactions between businesses, § 377 UGB (Austrian Commercial Code) also applies without restriction.

5.4 The Seller is liable for damages in accordance with the applicable statutory provisions. The Seller's liability for slight negligence is excluded; this limitation of liability does not apply to personal injury or to claims under the Austrian Product Liability Act.

5.5 In legal transactions between businesses, the Buyer must prove the existence of intent and gross negligence. Between businesses, liability for loss of profit, consequential damage, other property damage, financial loss and damage to third parties is excluded.

6. Withdrawal from the contract

6.1 The Customer may withdraw from the contract within 14 days of receiving the goods, without giving any reason, by sending a written declaration of withdrawal. The written declaration of withdrawal must be sent to the Seller; it is sufficient if the declaration of withdrawal is sent within the 14-day withdrawal period (the date of posting is decisive). The declaration of withdrawal may be sent, at the Customer's choice:

by post to: Weingut Christ, Amtsstraße 10-14, 1210 Wien, Austria

by email to: info@weingut-christ.at

6.2 The goods must be returned by the Customer in their original packaging, undamaged and unused, together with the invoice. The costs of returning the goods to the Seller are generally borne by the Customer.

6.3 The Customer may also exercise the right of withdrawal by simply returning the goods to the Seller, with proof of dispatch, within 14 days of receipt without a written declaration of withdrawal. In this case, the demonstrably timely dispatch of the goods is sufficient to meet the deadline. This form of exercising the right of withdrawal by simply returning the goods requires that the goods are not damaged or used and that the return is sent with sufficient postage.

6.4 If the Customer withdraws from the contract, the Seller must refund the purchase price received, including delivery costs, no later than 14 days from the day on which the notice of your withdrawal from this contract was received by the Seller.

6.5 The refund of the purchase price may be withheld until the goods have been received by the Seller or proof has been provided that the goods have been sent back to the Seller. The goods must be returned or handed over to Weingut Christ, Amtsstraße 10-14, 1210 Wien, Austria.

7. Protection of minors

7.1 By placing the order, the Customer confirms that they meet the statutory minimum age for the purchase of alcoholic beverages.

7.2 If the order includes goods whose sale is subject to statutory age restrictions, the Seller ensures that the Customer has reached the legally required minimum age. To comply with statutory age restrictions, the Seller is entitled to hand over the ordered products only after the Customer has proven their age. If proof of age is refused, the Customer is obliged to compensate for the resulting damage.

8. Data protection

8.1 The Seller processes the Customer's personal data for specific purposes and in accordance with the statutory provisions. The Customer consents to the Customer's personal data (such as name, email address, address, payment details etc.) being stored and processed electronically by the Seller in fulfilment of the purchase contract. The data are treated confidentially by the Seller and are not passed on to third parties who are not involved in the ordering, delivery and payment process.

8.2 The Customer is obliged to notify any change of address as long as the legal transaction forming the subject of the contract has not been fulfilled by both parties. If this notification is not made, declarations are deemed to have been received if they are sent to the address last notified.

8.3 To fulfil the statutory bookkeeping obligation, the data of invoices and payments are stored by the Seller and transmitted for permissible purposes in accordance with § 22 para. 3 DSG (Austrian Data Protection Act).

8.4 Upon written request, the Customer has the right to receive information free of charge about the personal data stored about them by the Seller. The Customer has the right to have incorrect data corrected and personal data deleted, provided that this does not conflict with a statutory retention obligation.

9. Contact

9.1 The Seller's customer service is available for questions, complaints and objections on working days from 09:00 to 16:00 by phone at +43 1 292 5152 and by email at info@weingut-christ.at.

9.2 The Seller's business address is: Weingut Christ, Amtsstraße 10-14, 1210 Wien, Austria.

10. Copyright

10.1 All copyrights to all images, texts, software, web design and other materials on the Seller's Website are the property of the Seller, unless expressly stated otherwise. The use of image material, in particular images of the Seller's bottles, is prohibited without prior express consent. In the event of unlawful use, the Seller reserves the right to charge a usage fee for the period of use.

11. Other provisions

11.1 The place of performance for the contract concluded between Seller and Buyer is Vienna. This does not apply to consumer contracts.

11.2 The law of the Republic of Austria applies between Seller and Buyer, excluding the conflict of laws rules of private international law and the provisions of the UN Convention on Contracts for the International Sale of Goods, as an express choice of law; mandatory provisions of the law of the state in which the consumer has their habitual residence are not displaced.

11.3 The Commercial Court of Vienna (Handelsgericht Wien) has exclusive jurisdiction to decide all disputes arising in connection with contractual relationships in which no consumer is involved.