Section 1 Scope
For the business relationship between Weingut Steininger GmbH and the customer – also for all future transactions – the following General Terms and Conditions apply exclusively in their version valid at the time of ordering. Weingut Steininger GmbH recognizes deviating conditions of the customer. unless Weingut Steininger GmbH expressly agreed to its validity in writing.
Section 2 Order
Weingut Steininger GmbH undertakes to accept the order of the customer on the terms of the website. In the event of writing, printing and calculation errors on the website, Weingut Steininger GmbH is entitled to withdraw from the contract.
Section 3 Delivery
Unless otherwise agreed, the delivery takes place from stock to the delivery address specified by the customer. Information about the delivery period is non-binding, unless the delivery date has been agreed upon in an exceptional way.
Section 4 Maturity and Payment
The purchase price is due immediately with an order. Payment is made to our account by invoice and enclosed payment slip, Master Card, Visa Card or advance payment.
Section 5 Shipping costs
For the customer, shipping to Austria (below 200€ wine order value) will incur 10€ pro rata shipping costs and to Germany (below 300€ wine order value) 20€. The amounts are listed on the online order before closing of the accounts. And are visible on the homepage.
Section 6 Set-off, retention
The customer has no right to set-off, unless his counterclaims are legally established or recognized by Weingut Steininger GmbH. The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
Section 7 Retention of title
Until full payment has been made, the goods remain the property of Weingut Steininger GmbH.
Section 8 Warranty of defects and liability
If there is a defect of the purchased item for which Weingut Steininger GmbH is responsible, Weingut Steininger GmbH is entitled, at its own discretion, to rectify defects or to deliver a replacement.
If Weingut Steininger GmbH is not or is not prepared or unable to deliver defects or is delayed beyond reasonable deadlines for reasons that Weingut Steininger GmbH has to do, or if the rectification of defects/replacement delivery fails in any other way, the customer is entitled at his discretion to withdraw from the contract or to demand a corresponding reduction in the purchase price.
Unless otherwise stated, further claims of the customer are excluded, regardless of legal reasons. Weingut Steininger GmbH is therefore not liable for damages that have not arisen on the delivery item itself; in particular, Weingut Steininger GmbH shall not be liable for lost profits or other financial losses of the customer.
Insofar as the liability of Weingut Steininger GmbH is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
The above limitation of liability does not apply if the cause of damage is based on intent or gross negligence. Furthermore, it shall not apply if the customer asserts claims under the Product Liability Act, claims due to the absence of a guaranteed property or claims for damages due to non-performance.
The same applies to initial inability or impossibility to be represented.
If Weingut Steininger GmbH negligently violates an essential contractual obligation, the obligation to compensate for material or personal injury is limited to the typically occurring damage.
The warranty period is 6 months, calculated from the transfer of risk. This period is a limitation period and also applies to claims for compensation for consequential damages of defects, insofar as no claims arising from tortious acts are asserted.
Section 9 Data Protection
The data required for the business transaction will be stored and, if necessary, passed on to affiliated companies as part of the order processing. All personal data will of course be treated confidentially and will not be passed on.
Section 10 Applicable Law and Place of Jurisdiction
Austrian law applies. The exclusive place of jurisdiction for all claims in connection with the business relationship is 3500 KREMS/Donau. Weingut Steininger GmbH is also entitled to sue at the general place of jurisdiction of the customer.