Validity and general info
Conclusion of contract
Payment terms, shipping costs
Retention of title
Compensation for damage
Jurisdiction and applicable law
APPLICATABILITY AND GENERAL INFORMATION
1. These terms and conditions (hereinafter referred to as the GTC) apply without exception to all legal transactions, deliveries and services concluded between Gerhard Markowitsch GmbH, Pfarrgasse 6, 2464 Göttlesbrunn (hereinafter referred to as ‘Gerhard Markowitsch’) and the customer.
2. By placing an order, the customer agrees to these Terms and Conditions. Current GTCs can be modified by Gerhard Markowitsch at any time and apply in the version in force at the time of the customer’s order. Any deviating terms and conditions are not valid unless Gerhard Markowitsch has agreed to them before acceptance of the order in writing or by e-mail.
3. These terms and conditions apply both to businesses as well as consumers, but for the latter apply only to the extent that no mandatory provisions of the Consumer Protection Act or other laws would negate them.
4. Should individual provisions of these terms and conditions be wholly or partially invalid, or ineffective due to statutory provisions, the validity of the remaining provisions shall not be affected. Ineffective provisions will be replaced by the valid regulation that most closely reflects the original intended purpose.
Offers by Gerhard Markowitsch are always non-binding, unless otherwise expressly agreed. Items delivered do not have to correspond exactly to the images portrayed on the website.
CONCLUSION OF CONTRACT
1. Conclusion of the contract: presentation of the products on our website is understood as an online catalogue. These presentations do not constitute legally binding offers on our part. By clicking on the + button, you can add the selected product to your shopping cart. By clicking on the button ‘order’ you effect a binding offer for the purchase of the articles you have chosen. You will automatically receive a confirmation of your order by e-mail. Our submitting this confirmation means that we have accepted your order. This places the contract in effect.
2. Order confirmation: immediately after receipt of your order you will receive a confirmation from us at the e-mail address you provided.
DELIVERY AND SHIPPING
1. Delivery will be made, so long as customer-pickup has not been arranged, to the address indicated by the customer, as expeditiously as possible and within a reasonable period of time.
2. In the event that a delivery date cannot be met by Gerhard Markowitsch, the purchaser will be informed and notified of the revised delivery date. If the ordered goods are not available despite the order confirmation, the customer will be informed promptly. Gerhard Markowitsch is in this case entitled to withdraw from the contract and not deliver the goods ordered; any payment already made will be refunded promptly.
3. ‘Force majeure’ or other unforeseen events of great import will release Gerhard Markowitsch from exact adherence to the specified delivery date.
4. Your parcels will be delivered by DPD to the delivery address you specify. Please be sure that you or a person authorised to receive the goods can be reached at this address during the day. After a 3rd delivery attempt, the package will be sent to the nearest DPD depot and can be picked up there for another 7 days.
5. We do not charge any shipping costs within Austria and Germany. ·
For shipments to other EU countries, Gerhard Markowitsch reserves the right to revise applicable charges concerning the items ordered and the shipping costs.
Deliveries to Great Britain, Norway, Ireland and Sweden as well as countries outside Europe are not possible.
6. Minimum order quantity is six bottles. For reasons of shipping in standard cartons, we ask you to make sure that the quantity of your order is divisible by six.
WITHDRAWAL, RIGHT OF WITHDRAWAL
1. You have the right to cancel your contract within 14 days without providing any reason.
2. The period of cancellation is 14 days from receipt of this instruction in writing from you, but not before receipt of the goods.
3. In order to exercise your right of cancellation, you must inform Gerhard Markowitsch by clear means (letter, fax, e-mail) of your decision to withdraw from this contract. Timely dispatch of your notice of cancellation will suffice to maintain the period of validity. The written revocation must be sent to: Gerhard Markowitsch GmbH, Pfarrgasse 6, 2464 Göttlesbrunn, Austria
Fax: +43 (0) 2162 8222 11
CONSEQUENCES OF CANCELLATION
1. In the case of an effective cancellation, benefits received by seller and purchaser are to be returned. For this reimbursement we will use the same means of payment you used in the original transaction, unless otherwise expressly agreed with you; in no case will you be charged repayment fees. Gerhard Markowitsch can delay reimbursement until he has received the returned goods.
2. The customer must return or hand over the goods to Gerhard Markowitsch GmbH, Pfarrgasse 6, 2464 Göttlesbrunn, Austria, promptly and in any event not later than fourteen days from the day on which he informed Gerhard Markowitsch of the cancellation of this contract. The deadline is considered met as long as you send back the goods before the deadline of fourteen days.
3. In any case, the cost of the return is borne by the customer.
4. If you cannot give us back the goods received in whole or in part or only in a dilapidated condition, you may have to pay us compensation. The customer is obliged to pay for a possible loss in value of the good only if this loss of value is due to wilful actions on the part of the customer affecting the condition, form and functionality of the goods.
PAYMENT TERMS, COST OF SHIPPING
1. Unless otherwise stated, all prices are per bottle in EURO, including all statutory duties and taxes for customers in Austria including all expenses of shipping. The prices to be paid are those valid at the time of the order. Deliveries outside Austria may be subject to changes in price due to differing taxes and duties.
2. Unless otherwise agreed, the purchase price is payable upon placement of order, without any deduction.
3. We offer the following payment options in our online shop: PayPal or bank transfer.
4. Prices stated on the homepage of Gerhard Markowitsch GmbH apply exclusively to orders placed via e-commerce.
5. Shipping and transport costs, see point 5 (delivery and shipping)
1. Until payment in full is made by the customer, all goods remain the property of Gerhard Markowitsch.
1. Purchaser undertakes to notify seller of any defects in the goods without delay, with a detailed description of the defect, and then to return the goods together with a copy of the invoice.
2. For damages and inconveniences arising during transport, we guarantee complete replacement if the following conditions are met: – the incoming goods must be checked immediately for accuracy and completeness.– any complaints must be confirmed by the transport company. – complaints regarding the goods must be communicated to us within 48 hours.
3. The guarantee comes into effect upon transfer of goods within a suitable period. The relevant franchise is titled to Gerhard Markowitsch.
4. In the case of consumption of the goods – beyond tasting in a small amount examining for any defects (cork taint, for example) – any warranty becomes void.
5. The formation of tartrate crystals in wine is a natural process and not grounds for complaint.
6. A warranty claim is in any case limited to the invoice value of the defective goods delivered.
COMPENSATION FOR DAMAGE
1. Gerhard Markowitsch is liable only for such damages that were grossly negligent or intentionally inflicted. Liability for slight negligence is excluded, as well as liability for consequential damage, financial loss, lost profits, unrealised savings or interest losses. No liability exists for claims placed by third parties.
2. Gerhard Markowitsch is liable for personal injury and property damage suffered by a consumer within the scope of the Product Liability Act. Claims made by a customer who is a reseller are not covered by product liability.
3. Broken bottles are covered by the transport insurance. Acceptable proof of this would be a photo of the shipping carton with the bottle neck still corked or the screwcap still sealed and unopened.
This right is limited only insofar as we could be obliged to suspend/delay a deletion in order to safeguard our potential claims.
JURISDICTION AND APPLICABLE LAW
PROTECTION OF MINORS
Delivery of wine and spirits can only be made to persons the age of 18 years and over. To comply with statutory provisions, we are permitted to deliver goods only upon establishing legitimacy by presentation of an official photo ID. In the case of legitimate refusal of surrender, the customer is obliged to compensate for the damage actually caused.