1. SCOPE OF APPLICATION
1. These General Terms and Conditions apply to the sale and delivery of goods by Weingut Gross GmbH (hereinafter referred to as “Weingut Gross”) with the registered seat and business address at Ratsch 26, A-8461 Ehrenhausen a.d. Weinstraße, Austria.
2. The General Terms and Conditions are subject to change at any time by Weingut Gross and shall apply in the version valid at the time the Buyer submitted his order.
3. No other Terms and Conditions shall apply unless approved by Weingut Gross in writing or via e-mail before acknowledging the order of the Buyer.
4. By submitting an order, the Buyer shall automatically agree to these General Terms and Conditions.
5. The offer of Weingut Gross is subject to availability and shall only be valid while stocks last. Due to the limited availability of some goods, there is a risk that availability expires while completing an online order. In this case, Weingut Gross may suggest an alternative product to the Buyer.
6. All contracts and quotes shall be drafted and signed in German.
2. PRICES AND SHIPPING COSTS
1. Prices shall be quoted per item as gross prices in euros and include all legal taxes (VAT) and extra charges. However, the quoted prices do not include shipping costs, if any.
2. The quoted amounts are subject to change by Weingut Gross for any further sales contracts upon their sole discretion. Weingut Gross shall be entitled to withdraw from the contract due to writing, printing, or calculation errors on the website.
3. Prices shall be based on the amounts first quoted to the Buyer before he submits his order. In the event that costs should change by the time the Buyer submits his order, Weingut Gross shall be entitled to adapt the prices accordingly.
4. Shipping outside Austria shall only be possible where shipping is not hampered by any legal or disproportionate logistic obstacles.
5. All costs related to the shipping of the goods shall be borne by the Buyer. Shipping costs shall be shown during the order process in the Internet online shop after goods have been correctly ticked in the shopping basket and shall be shown after submitting the order, in a written order confirmation (Bestellbestätigung) issued by Weingut Gross (via e-mail).
6. For a total order price of 99 euros and over, Weingut Gross shall pay for the costs of a standard delivery within Austria. The same applies to shipping to Germany (total order price 199 euros and over).
7. All deliveries shall be subject to our current Terms of Delivery and Payment. No other terms shall be valid unless upon prior written confirmation by Weingut Gross (via e-mail).
8. For shipping to non-EEA countries, consumers are asked to contact Weingut Gross directly to submit their request. Contact: Weingut Gross GmbH, Ratsch an der Weinstrasse 26, A-8461 Ehrenhausen, Austria. Phone: +4334532527, e-mail: weingut@gross.at.
9. Shipping costs / shipping destinations:
Shipping costs Austria & Germany
| Box of bottles | AUT | GER | Weight |
| 1 | € 5.90 | € 9.10 | Up to 2 kg |
| 2 | € 6.00 | € 9.50 | Up to 4 kg |
| 3 | € 6.00 | € 9.50 | Up to 4 kg |
| 6 | € 7.00 | € 11.00 | Up to 8 kg |
| 12 | € 9.00 | € 12.50 | Up to 31,5 kg |
Shipping costs other destinations
| Box of bottles | Zone 2 | Zone 3 | Zone 4 | Weight |
| 1 | € 15.00 | € 18.00 | € 18.00 | Up to 2 kg |
| 2 | € 16.00 | € 20.00 | € 21.00 | Up to 4 kg |
| 3 | € 16.00 | € 20.00 | € 21.00 | Up to 4 kg |
| 6 | € 18.00 | € 23.00 | € 26.00 | Up to 8 kg |
| 12 | € 24.00 | € 28.00 | € 40.00 | Up to 31,5 kg |
Zone 2: Belgium, Italy, Croatia, Luxemburg, Netherlands, Slovakia, Slovenia, Czech Republic, Hungary
Zone 3: Denmark, Finland, France, UK, Sweden
Zone 4: Estonia, Greece, Ireland, Latvia, Lithuania, Malta, Poland, Portugal, Rumania, Spain
Shipping costs incl. 20% VAT.
3. PAYMENT AND PAYMENT METHODS
1. The purchase price shall fall due at the moment of signing the contract.
2. Weingut Gross shall have the title to all goods until the purchase price and extra charges have been paid in full.
3. Weingut Gross accepts the following types of payment/credit cards: advance payment, Visa, MasterCard.
4. In case of advance payment, the goods shall be dispatched upon receipt of the full amount in the following bank account – Weingut Gross GmbH, IBAN: AT722081510300051413; BIC: STSPAT2G.
5. In case of payment via credit card, the goods shall be dispatched upon confirmation of clearance by our contractual partners MPay24.
4. PASSAGE OF RISK
1. In case of delivery by carrier, Weingut Gross as the assignee of the Buyer, shall – failing specification by the Buyer – determine the type and route of transportation. In case of delivery by carrier, both the usage and risk shall pass over to the Buyer at the moment when Weingut Gross transfers the goods for shipment to the carrier. Delivery shall thus take place at the risk and cost of the Buyer.
5. TRANSPORT DAMAGE
1. Weingut Gross shall guarantee the full replacement of goods damaged or compromised during transport under the following conditions: goods must be checked and claimed for correctness and completeness immediately upon arrival. Any claims must be re-checked and confirmed on site by the carrier.
6. RETURN OF GOODS AND CANCELLATION RIGHTS OF THE BUYER
1. Weingut Gross shall be ready, until further notice, to take back any purchased goods against refund of the full sales price, under the following conditions: goods must be returned within 14 days after the date of invoice in their original packaging, undamaged, and against submission of the original invoice. The goods shall be taken back at the price as valid at the moment of the original purchase/order. The purchase price shall be refunded in form of a credit note.
2. If the Buyer is a consumer within the meaning of the Austrian Consumer Protection Act and if the order was submitted via the online shop, the Buyer may cancel the contract within fourteen days after accepting the goods, pursuant to §§ 11 FAGG, Austrian Distance and Off-Premises Sales Act. The cancellation period starts at the moment when the Buyer or a third party nominated by the Buyer accepts the goods. If the sales contract includes more than one item or several goods, the cancellation period starts at the moment when the Buyer or a third party nominated by the Buyer accepts the last partial delivery, the last goods, or the last item. The day of delivery shall not be counted as part of the cancellation period. To comply with the cancellation period, the timely sending of the cancellation notice and/or timely return of goods shall suffice.
To exercise your right of cancellation, you must immediately inform Weingut Gross of your decision to cancel the contract in question.
3. Consequences of cancellation: in the case of cancellation, Weingut Gross shall pay back all payments received, including shipping costs, immediately and within fourteen days at the latest after the day Weingut Gross has received information of your decision to cancel the contract. Weingut Gross may object to paying back the received sums until the goods have been accepted at the premises of Weingut Gross or until the Buyer has provided proof that he has returned the goods, depending on which date is earlier. You must return or transfer the goods immediately and in any case within fourteen days at the latest from the day you informed Weingut Gross of your cancellation decision, to Weingut Gross, Ratsch an der Weinstraße 26, A-8461 Ehrenhausen, Austria. To comply with the deadline, returning the goods before expiration of the fourteen-days deadline shall suffice. The Buyer shall bear any immediate costs for and the risk of returning the goods. The Buyer shall only be obliged to pay for a loss in value of the goods if such loss in value is caused by inadequately handling the goods in a way that is not necessary to check their nature, properties, and functionality.
7. ORDER PROCESS, DELIVERY DEADLINES, IMPEDIMENT TO DELIVERY, CANCELLATION
1. Orders submitted by customers shall be considered as an offer by Weingut Gross. The contract shall only be deemed valid if acknowledged and confirmed by Weingut Gross. The Buyer shall be informed of our acknowledgment via e-mail or telephone. Should Weingut Gross not be able to serve the order of the Buyer for whatever reason, the Buyer shall be immediately informed of this fact.
2. Weingut Gross accepts orders via the Internet online shop from Monday to Friday during business hours, i.e. from 8 am to 5 pm (local time). Orders submitted after hours shall be deemed received at the opening of business the following working day.
3. The order of the Buyer shall include the exact delivery address. The Buyer shall make sure that the ordered goods are safely accepted at the indicated place of delivery. Weingut Gross shall send the Buyer written order confirmation (also via e-mail) including all relevant order data.
4. Delivery shall take place during normal business hours through a carrier hired by Weingut Gross.
5. In the event that the Buyer fails to accept the ordered goods, Weingut Gross shall be entitled to claim reimbursement for any additional costs incurred, such as e.g. frustrated transport costs. This shall not apply if Weingut Gross itself fails to perform its contractual services.
6. Acceptance of orders shall be subject to availability. Weingut Gross reserves the right to assign smaller quantities to buyers if a product is oversubscribed. Should it be impossible for Weingut Gross to deliver the goods at the agreed delivery dates for reasons outside their control, the delivery obligation at the agreed delivery date shall expire. Such reasons outside the control of Weingut Gross include, among others: difficulties in acquiring the goods or primary materials from third parties, operating disruptions of all kinds, traffic disruptions, lock-outs and strikes, as well as all cases of force majeure. In such a case, Weingut Gross shall immediately inform the Buyer and arrange an alternate date for delivering the delayed goods. If a new delivery date is provided by Weingut Gross to the Buyer due no later than two weeks after one of the initially agreed delivery dates and if the goods are correctly delivered at this new date, then delivery by Weingut Gross shall be deemed to have occurred timely within the meaning of the sales contract.
7. In the case of partial deliveries, the Buyer shall not be entitled to cancel available partial deliveries as long as partial deliveries are executable and usable by the Buyer. In the same vein, that is, if the remaining partial deliveries can be timely delivered subsequently, the Buyer shall not be entitled to refuse acceptance of such partial deliveries.
8. If the Buyer declares his unwillingness to hold on to the contract (“cancellation”) without legal cause, and if Weingut Gross gives its written consent (via e-mail), Weingut Gross shall be entitled to a lump sum fee for damages (“cancellation fee”) in the amount of 15% of the sales price for in-stock products. No cancellation right applies for contracts concerning non-stock products. In deviance of this clause, the legal cancellation rights for consumers without cancellation fee pursuant to §§ 5e-5h Consumer Protection Act shall remain unaffected hereby.
9. Unless otherwise agreed, Weingut Gross shall deliver any ordered goods to the Buyer within 3 to 5 working days upon confirmation of the contract.
8. WARRANTY
1. For complaints based on legal warranty claims please contact: Weingut Gross GmbH, Ratsch an der Weinstraße 26, A-8461 Ehrenhausen, phone: +4334532527.
2. Pledges, such as e.g. about the usability or particular properties of the goods, or statements made by employees of Weingut Gross shall be non-binding on Weingut Gross and shall not constitute any explicit assurance of any product properties, unless they have been made in writing (via e-mail).
3. Warranty claims require the fulfilment of the following conditions to be valid: Weingut Gross must be informed of the claimed defects (such as broken wine bottles) immediately, i.e. visible defects must be claimed immediately upon acceptance of the goods, hidden defects after their discovery and submitting both the opened goods and the original invoice.
4. Warranty claims shall at any rate be limited to the sales price of the delivered, defective goods.
5. Weingut Gross shall perform its warranty obligations upon their sole discretion, either by supplying flawless goods, by improvement, delivery of shortfall quantities or by reverse transaction (i.e. repayment of the sales price) within a reasonable time span.
6. Consumer transactions within the meaning of the Austrian Consumer Protection Act require that, in the event of defects, the Buyer may – upon his sole discretion and in accordance with the legal provisions in force – claim for improvement, replacement, adequate price reduction, or cancellation of the contract.
7. Any deviations in taste and/or any other customary or minor technically induced deviations regarding the quality, quantity, colour, size, weight, finish or design of goods as well as age-related changes in taste, colour, or packaging do neither constitute a defect with regard to warranty, nor a failure to perform.
8. Weingut Gross disclaims any liability for conformity deviations of subsequently ordered goods, neither in terms of taste, colour, material, or specimens nor for any other aspects of conformity. The same shall apply to goods ordered based on specimens as long as such deviations remain within customary and technical limits.
9. Liability for damages
1. Weingut Gross shall be liable for damages in accordance with all legal provisions in force. Liability for damages based on slight negligence shall, however, be excluded. This limitation of liability shall neither apply to injury to life, body, and health nor to claims based on the Austrian Product Liability Act.
10. Legal protection for children and young persons
1. Wines and spirits can only be sold to persons aged 18 years or over. To comply with legal requirements, Weingut Gross shall be entitled to ask for legitimation in the form of a photo ID before issuing the goods. In the event of a justified withholding of goods, the Buyer must pay for the factually incurred losses (e.g. shipping costs).
2. By submitting his/her order, the Buyer declares that he/she or the recipient of the goods is over 18 years of age.
11. IT processing and customer data
1. The Buyer authorizes Weingut Gross to store and process the personal data mentioned in the sales contract as entered during online registration in accordance with the provisions of the Data Protection Act. This data shall be used to the necessary extent for the purpose of financial transactions, customer relationship management and for marketing purposes in order to comply with the legal requirements in force. In addition, the Buyer authorizes Weingut Gross to send him information for marketing purposes. This authorization can be revoked at any time via e-mail to Weingut Gross (weingut@gross.at). Weingut Gross shall not disclose this data to other businesses in the context of customer relationship management.
12. MISCELLANEOUS
1. Should any of the provisions of the contract and/or these General Terms and Conditions become invalid, this shall not affect the validity of the remainder of the contract and/or of these General Terms and Conditions, which will remain entirely valid unchanged.
2. The place of performance for both Weingut Gross and the Buyer shall be the business address of Weingut Gross.
3. The court in Leibnitz, Austria having subject-matter jurisdiction shall be exclusively competent for litigations arising out of the contractual relationship with Weingut Gross.
4. All contracts entered under these General Terms and Conditions shall be subject to Austrian law.
