Terms of service
General Terms and Conditions of Groszer Wein GmbH
These General Terms and Conditions (GTC) apply to all deliveries from us to consumers, excluding the terms and conditions of our costumers and subject to differently written agreements. The version published on our homepage at the time of the order applies..
- Offers and Orders
The presentation of the products in the online shop does not represent an offer, it is only an invitation to place an order. It is non-binding and depends on the product availability. You do not place a binding order by placing the goods in the shopping cart, only by clicking on the order button. You can also remove goods from the shopping cart before clicking the order button. We only accept orders with a minimum order value of 35€.
After checking the contractual requirements and the availability of goods, the contract is usually concluded by forwarding your payment with the credit card or debit card system, or latest when the goods are delivered. If this is not done within eight days, you are no longer bound by your offer and the contract is not concluded.
Orders from people who have not yet reached the required age to purchase alcoholic beverages at the time of the order (16 or 18 years for brandies) will not be accepted. When you place your order, you must therefore state your age, which we can check by requesting suitable evidence.
- Prices and Costs
The prices given are gross prices and include all taxes and duties. In the case of deliveries outside of Austria, any additional costs and any shipping costs are displayed in the shopping cart before the contract is concluded. If, for whatever reason, the agreed payment cannot be processed by credit or debit card, the invoice amount must be transferred as an advance payment within eight days upon our request. In this case, we are also entitled to withdraw from the contract.
- Delivery and retention of title
Unless otherwise agreed, delivery will be made to the delivery address you specified within eight days at our risk. If you are not found on the occasion of the delivery, we are entitled to deposit the goods for you at a collection point within a radius of 20 km from your delivery point. In this case, the transfer of risk takes place when you collect the goods at the collection point.
Notwithstanding the transfer of risk upon delivery or collection, the goods remain our property until full payment of the purchase price. In the event of default in payment, we reserve the right to withdraw from the purchase contract.
If the delivery is thwarted by act of nature beyond control measures or operational disruptions and we are therefore unable to deliver the ordered goods, we may withdraw from the contract and rescind the transaction.
- Damage, warranty, liability
In the case of obvious transport damage, we ask you to not take over the goods. In any case, you must notify us of any transport damage immediately upon becoming aware of it.
The statutory warranty regulations apply to other defects. Should a wine cork, please contact us immediately. The crystallization of tartar is a natural process and not a defect.
Liability is excluded with the exception of intent or gross negligence. This disclaimer does not apply to personal injury to consumers.
- Data protection
The data disclosed to us by you in the context of the order will be processed and stored by us exclusively for the conclusion and fulfilment of the online purchase contracts. With the exception of the data required for payment processing, which we forward to the payment service provider selected by you, and the delivery data, which we hand over to our logistics partner, the data is not passed on to third parties. Payment service providers and logistics partners are instructed to use this data only for business processing and not for other purposes. If no follow-up orders are placed by you, your data will be deleted after the obligation to preserve records.
- Right of withdrawal for consumers
You have the right to withdraw from sales contracts by writing within 14 days in accordance with the provisions of the Distance and Foreign Business Act and Section 3 of the Consumer Protection Act without giving reasons. The period begins with the handing over of the document about the essential components and instruction of the right of withdrawal, but at the earliest with the conclusion of the contract.
In order to exercise your right of withdrawal, you must exercise the withdrawal by means of a clear declaration and send it to us by email or post. You can download the withdrawal from here .
In the event of a declaration of withdrawal or cancellation, you have to return the goods to us within 14 days from the day on which you inform us of the withdrawal, as far as possible, in the manner that we offer you for this (delivery to ... .. by ...) we bear the direct costs of returning the goods, if you choose this return route.
If you withdraw from the contract, we have to repay all payments that we have received from you, including delivery costs, within 14 days of receipt of the withdrawal using the same means of payment with which the payment was made. No fee is charged for this. We can wait with repayment until we have received the goods back or you have provided evidence that the goods have been returned.
You only have to pay for any loss in value of the goods if the loss in value is due to handling. It is not necessary to check the quality, properties and functionality of the goods.
- Other matters
The place of payment and performance is 7473 Burg. The Consumer Protection Act applies to the place of jurisdiction. Austrian law applies exclusively with the exception of the conflict of laws norms.