Imprint & GTC

General terms and conditions (GTC)

1. Scope
2. Offers and Service Descriptions
3. Ordering Process and Contract Conclusion
4. Prices and Shipping Costs
5. Delivery, Product Availability
6. Payment Terms
7. Retention of Title
8. Warranty for Defects, Complaints, Exchanges
9. Liability
10. Right of Withdrawal
11. Exclusion of the Right of Withdrawal
12. Returns
13. Storage of Contract Text
14. Data Protection
15. Jurisdiction, Applicable Law, Contract Language
16. Youth Protection

1. SCOPE
1.1. These terms and conditions apply to all business relationships between Weingut Edlinger & Unger GmbH, located in Lindengasse 22, 3511 Furth-Palt (hereinafter referred to as “Seller”) and its customers (hereinafter referred to as “Customer”). These GTC are valid in their current version at the time of ordering. By placing an order, the Customer agrees to these GTC.

1.2. For questions, complaints, or objections, you can contact us on weekdays from 7:00 AM to 4:00 PM.

1.3. A consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that cannot be attributed to either their commercial or independent professional activity (§ 13 BGB).

1.4. Deviating conditions of the Customer will not be recognized unless the Seller expressly agrees to their validity in writing. Actions taken by the Seller do not constitute acceptance of differing contractual conditions from these GTC.

2. OFFERS AND SERVICE DESCRIPTIONS
2.1. The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to submit an order. Service descriptions in catalogs or on the Seller’s websites are non-binding and do not include any assurances or guarantees.

2.2. All offers are valid “while stocks last,” unless otherwise stated for the products. Errors excepted.

3. ORDERING PROCESS AND CONTRACT CONCLUSION
3.1. The Customer can select products from the Seller’s range without obligation and collect them in a shopping cart.

3.2. The Customer can then complete the ordering process by clicking on the “Proceed to Checkout” button in the shopping cart.

3.3. By clicking the “Buy” button, the Customer submits a binding offer to purchase the goods in the shopping cart and acknowledges the pre-contractual information for consumers and these GTC as solely relevant to the legal relationship with Edlinger & Unger GmbH. The Customer can change and view the data at any time before submitting the order. Mandatory information is marked with an asterisk (*).

3.4. The Seller will then send the Customer an order confirmation via email, listing the Customer’s order again. This automatic confirmation of receipt only documents the entry of the order with the Seller and does not constitute acceptance of the offer. The content of our order confirmations must be verified by the recipient, who is obliged to promptly report any discrepancies from the transmitted message; otherwise, the business comes into effect with the content we confirmed. The purchase contract is only concluded when the Seller ships the ordered product to the Customer within 2 weeks, hands it over, or confirms the shipment within 2 weeks via a second email, explicit order confirmation, or sending of the invoice.

4. PRICES AND SHIPPING COSTS
4.1. The prices are listed on the homepage of the webshop for individual items. All prices stated on the Seller’s website are per bottle, including the applicable statutory VAT, without further deductions.

4.2. In addition to the listed prices, the Seller charges shipping costs for delivery. The shipping costs will be clearly communicated to the Buyer on the shipping cost page and during the ordering process. The shipping costs listed on the website apply only to orders from the webshop.

4.3. The Buyer bears all expenses for shipping. For orders with a gross value of currently EUR 150 for customers within Austria and EUR 250 for customers within Germany, Weingut Edlinger & Unger GmbH will cover the delivery costs for up to 36 bottles. For orders exceeding 36 bottles, Edlinger & Unger GmbH reserves the right to engage a freight forwarder, in which case the costs, subject to a separate agreement, are to be borne by the Customer. If offered by the service provider, Edlinger & Unger GmbH will notify the Customer by email of the shipping information with the parcel number, allowing the Buyer to track the delivery status 24/7.

4.4. The minimum order quantity is 6 bottles. Since the bottle boxes contain either 6 or 12 bottles, we ask the Customer to ensure that the order quantity is divisible by 6.

5. DELIVERY, PRODUCT AVAILABILITY
5.1. Unless pickup is agreed upon, delivery will take place to the address provided by the Customer within a reasonable timeframe. Delivery time indications are non-binding unless a binding delivery date has been expressly promised in writing. Weingut Edlinger & Unger GmbH is only obliged to perform the service once the Customer has fulfilled all obligations necessary for execution.

5.2. If at the time of the Customer’s order no copies of the selected product are available, the Seller will inform the Customer of this in the order confirmation. If the product is permanently unavailable, the Seller will reject an acceptance declaration. In this case, no contract is concluded.

5.3. If the product specified by the Customer in their order is temporarily unavailable, the Seller will inform the Customer in the order confirmation. If there is a delivery delay of more than two weeks, the Customer has the right to withdraw from the contract. In this case, the Seller may also withdraw from the contract and refund any payments already made by the Customer. If advance payment has been agreed upon, delivery will occur after receipt of payment.

5.4. If agreed delivery times cannot be met due to force majeure, the delivery period will be suspended until the delivery obstacle is resolved. Force majeure also applies if a supplier of Edlinger & Unger GmbH does not deliver or only partially delivers. Out-of-stock items will be delivered as soon as possible. Partial deliveries are always free of charge.

5.5. Your packages will be shipped via the delivery service DPD to the address you provided. Please ensure that you or an authorized person can accept the goods at this address during normal business hours. After the third delivery attempt, the package will be taken to the nearest DPD depot, where it can be collected for another 7 days.

5.6. Delivery is carried out by a commissioned freight forwarder during normal business hours. If the acceptance of the ordered goods is refused, Weingut Edlinger & Unger GmbH has the right to claim compensation for the additional costs incurred, such as freight charges.

5.7. Our employees are not authorized to make arrangements that deviate from our business and delivery conditions or list prices. Such agreements require our written confirmation.

6. PAYMENT OPTIONS
6.1. The Customer can choose from the available payment methods during the ordering process.

6.2. If third parties are engaged in the processing of payments, e.g., Apple Pay, their general terms and conditions apply.

6.3. If the payment date is set based on the calendar, the Customer is already in default by missing the date. In this case, the Customer must pay default interest of 5 percentage points above the base interest rate.

6.4. The Customer’s obligation to pay default interest does not exclude the Seller from claiming further default damages.

6.5. The Customer has the right to offset only if their counterclaims have been legally established or acknowledged by the Seller. The right of retention can only be exercised by the Customer insofar as the claims result from the same contractual relationship.

7. RETENTION OF TITLE
All goods are delivered by Weingut Edlinger & Unger GmbH under retention of title and remain the property of Weingut Edlinger & Unger GmbH until full payment is received. The assertion of the retention of title is only deemed a withdrawal from the contract if it is explicitly declared. In the event of a return of goods, Weingut Edlinger & Unger GmbH is entitled to charge for incurred transport and handling fees. In the event of third-party access to the reserved goods—especially through seizures—the Customer undertakes to point out the ownership rights of Weingut Edlinger & Unger GmbH and to notify Weingut Edlinger & Unger GmbH immediately. If the Customer is a consumer or not a trader whose regular business includes trading in goods purchased from Weingut Edlinger & Unger GmbH, he must not dispose of the reserved goods until the open purchase price claim has been fully settled, particularly not sell, pledge, give away, or lend them. The Customer bears the full risk for the reserved goods, especially the risk of destruction, loss, or deterioration.

8. WARRANTY FOR DEFECTS, COMPLAINTS, EXCHANGES
8.1. The warranty is governed by statutory provisions.

8.2. As soon as you receive the goods, you should check them immediately. In case of broken bottles, this must be confirmed by the carrier. The costs for broken bottles will be covered by transport insurance. Proof consists of a photo of the intact shipping carton with the still sealed or capped and unopened bottle neck.

8.3. Damages due to faulty corks are not the responsibility of the winemaker. The exchange of defective bottles occurs under the following conditions: The defective bottle is to be returned to Weingut Edlinger & Unger GmbH sealed again with the faulty cork.

9. LIABILITY

9.1. Without prejudice to other statutory requirements for claims for damages, the following exclusions and limitations of liability apply.

9.2. The seller is fully liable if the damage is based on intent or gross negligence.

9.3. Furthermore, the seller is liable for slight negligence in the breach of essential duties, the violation of which jeopardizes the fulfillment of the contractual purpose or is essential for the proper execution of the contract and on which the customer regularly relies. In this case, the seller is only liable for foreseeable, typical damage. The seller is not liable for slight negligence in relation to other obligations mentioned in the preceding sentences.

9.4. The above-mentioned limitations of liability do not apply in cases of injury to life, body, and health, for defects after assuming a guarantee for product quality, and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

9.5. If the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and agents.

10. RIGHT OF WITHDRAWAL

10.1. Withdrawal by the consumer through explicit written declaration: Each customer may withdraw from the concluded contract within 14 days of receiving the goods by sending a written withdrawal declaration without giving any reasons. It is sufficient for the withdrawal declaration to be sent within this period (the date of the postage receipt is decisive). In this case, the customer is obliged to promptly return the goods with proof. The return shipping costs (postage) are to be borne by the customer. If the goods have been used and/or damaged, the customer must pay a reasonable fee for the use, including reasonable compensation for any damages incurred—up to the value of the goods—to the seller. The withdrawal declaration should be sent to our address. The withdrawal declaration can also be submitted electronically using the sample withdrawal form available at www.ungerwein.at.

10.2. Withdrawal by the consumer through simple return of the goods: The customer can also exercise the right of withdrawal by merely returning the goods within 14 days of receipt without a written withdrawal declaration to the seller with proof. For adherence to the deadline, it is sufficient in this case to provide proof of timely dispatch of the goods. A prerequisite for this form of exercising the right of withdrawal by simple return of the goods is that the goods are not damaged or used, and the return is sufficiently franked. Only in the case of incorrect or defective delivery does the seller bear the return shipping costs (postage). The risk of the return shipment and proof thereof lies with the customer.

10.3. In the event of a customer’s withdrawal (by explicit declaration or simple return of the goods), the seller will promptly refund the purchase price already paid—shipping costs will not be refunded. In the case of an open account order, a credit will be issued to the customer’s account.

10.4. Right of withdrawal of Weingut Edlinger & Unger GmbH / unjustified withdrawal by the customer: In the case of acceptance delay or other significant reasons, such as the customer’s payment delay,Weingut  Edlinger & Unger GmbH is entitled to withdraw from the contract, provided it has not been fully fulfilled by both parties. In the event of withdrawal, Weingut Edlinger & Unger GmbH may choose to demand a flat-rate compensation of 15% of the gross invoice amount or the replacement of the actual damages incurred if the customer is at fault. In the event of payment delay by the customer, Weingut Edlinger & Unger GmbH is released from all further performance and delivery obligations and is entitled to withhold outstanding deliveries or services and to demand advance payments or securities or to withdraw from the contract after setting a reasonable deadline. If the customer withdraws from the contract without being entitled to do so or requests its cancellation, Weingut Edlinger & Unger GmbH has the option to insist on the fulfillment of the contract or to agree to the cancellation of the contract; in the latter case, the customer is obliged to pay either a flat-rate compensation of 15% of the gross invoice amount or the actual damages incurred, at the discretion of Weingut Edlinger & Unger GmbH.

11. NOTES ON THE EXCLUSION OF THE RIGHT OF WITHDRAWAL

11.1. The right of withdrawal does not apply to the delivery of goods that are manufactured according to individual customer specifications or are clearly tailored to personal needs.

12. RETURNS

12.1. Customers are requested to notify the seller before returning the goods to announce the return. This enables the seller to allocate the products as quickly as possible.

12.2. Customers are asked to return the goods as a prepaid package to the seller and to keep the shipping receipt. Upon request, the seller will refund the postage costs to the customer in advance, provided these do not need to be borne by the buyer.

12.3. Customers are requested to avoid damages or contamination of the goods. If possible, the goods should be returned to the seller in the original packaging with all accessories. If the seller does not have the original packaging, another suitable packaging should be used to ensure adequate protection against transport damage and to avoid potential claims for damages due to inadequate packaging.

12.4. The conditions mentioned in Section 12 are not required for the effective exercise of the right of withdrawal according to Section 10 of this agreement.

13. STORAGE OF THE CONTRACT TEXT

13.1. The seller stores the contract text of the order. The General Terms and Conditions (GTC) can be accessed online. The customer can print the contract text before sending the order to the seller by using the print function of their browser in the last step of the order.

13.2. The seller also sends the customer an order confirmation with all order details to the email address provided by the customer.

14. DATA PROTECTION

14.1. The seller processes personal data of the customer for specific purposes and in accordance with legal regulations.

14.2. The personal data provided by the customer for the purpose of ordering goods (such as name, email address, address, payment data) will be used by the seller to fulfill and process the contract. This data will be treated confidentially and will not be disclosed to third parties not involved in the ordering, delivery, and payment processes.

14.3. The customer has the right to request free information about the personal data that the seller has stored about them. In addition, the customer has the right to correct inaccurate data, block, and delete their personal data, provided there is no legal retention obligation.

14.4. Further information on the nature, scope, location, and purpose of the collection, processing, and use of the required personal data by the seller can be found in the privacy policy.

14.5. Consent according to § 107 TKG: The customer agrees to receive messages in accordance with § 107 Telecommunications Act (TKG) for advertising purposes from Weingut Edlinger & Unger GmbH or from companies commissioned by Weingut Edlinger & Unger GmbH. This consent can be revoked by the customer at any time at the email address: office@ungerwein.at.

14.6. Samples, catalogs, brochures, images, and the like are always intellectual property of Weingut Edlinger & Unger GmbH; the customer does not receive any rights of use or exploitation in this regard.

15. JURISDICTION, APPLICABLE LAW, CONTRACT LANGUAGE

15.1. The place of performance is the registered office of Weingut Edlinger & Unger GmbH.

15.2. The contract language is German.

15.3. The contracting parties agree on Austrian domestic jurisdiction. If it is not a consumer transaction, the court competent for the subject matter at the entrepreneur’s registered office is exclusively locally competent for the resolution of all disputes arising from this contract.

15.4. This contract is governed by substantive Austrian law, excluding the conflict of laws rules of private international law (e.g., EVÜ, Rome I Regulation) and the UN Sales Convention. This choice of law applies to consumers only insofar as it does not restrict mandatory legal provisions of the state in which they have their residence or habitual abode.

16. YOUTH PROTECTION
16.1 Orders from individuals who have not yet reached the legally required age for the purchase of alcoholic beverages (currently 16 years) at the time of ordering will not be accepted. To comply with legal regulations, the Edlinger & Unger winery is entitled to hand over goods only after verification through an official photo ID. In the event of a justified refusal of delivery, the customer is obliged to compensate for the actual damage incurred (e.g., delivery costs).