Terms and Conditions
The following General Terms and Conditions (hereinafter GTC) apply to all orders placed via our online shop, whether by a Consumer or a Company. Consumer refers to any natural person who enters into a legal transaction with us for reasons attributable primarily outside commercial or otherwise professional grounds. A Company is a natural or legal person or other business partnership of legal standing that enters into a legal transition with us as part of the execution of its commercial or other professional activities. With reference to a Company, these GTC shall apply for all future business relationships, even without explicit repeated confirmation of such. Should a Company promulgate its own contradictory or supplemental GTC, the validity of said GTC is herewith excluded; they shall only become a component of this contract where our explicit agreement has been given.
2. CONTRACTING PARTY, COMPLETION OF THE CONTRACT
This Contract of Sale is completed with DOMÄNE WACHAU eGen(mbH). In placing products in the online shop, we are making a binding offer to conclude a contract on these articles. Products can initially be moved into the shopping basket with no further obligation, and you can correct your request at any time before submission of your binding order by using the correction tools included and explained in the ordering process. The contract is concluded by clicking on the order button to accept the offer for the goods contained in the shopping cart. You will receive an additional confirmation by email immediately after submission of the order.
3. LANGUAGE OF CONTRACT, STORAGE OF CONTRACT TEXT
The contract will be concluded based solely on the terms and stipulations of the German language version of these GTC. We store the text of the contract and send you both your order data and our GTC by email.
4. DELIVERY TERMS
Wines, accessories, and specialties are delivered by postal mail, courier, or freight forwarder. We offer the products in our online store on an as-available basis and transfer ordered goods as available promptly to our logistics partners. Orders are dispatched Monday through Thursday, excluding holidays. Delivery will be sent from Domäne Wachau eGen, 3601 Dürnstein 107 to the destination address provided by the ordering party. Insofar as delivery to the ordering party is not possible, such as because a wine is sold out, the ordering party will be notified of such immediately by email or phone call. Goods are delivered over the course of the day, between 8 am and 5 pm. Prices are listed net and ex Domäne Wachau warehouse. For orders of 49 euros and above to be sent within Austria: Domäne Wachau assumes the shipping costs. For orders of 99 euros and above to be sent within Germany: Domäne Wachau assumes the shipping costs. Shipping is not included in the product prices listed on the website. These can be viewed on the website under delivery and shipping costs.
Our shop offers the following payment methods:
When placing your order, you also provide us your credit card details at the same time.
After we legitimate that you are the authorized card holder, we will pose a request to your credit card company immediately upon submission of the order to begin the payment transaction. The payment transition will be carried out automatically by the credit card company and your card will be charged.
You pay the invoiced amount after receipt of the goods and invoice, via bank transfer to our bank account.
Upon submitting the order, you pay the invoiced amount directly via the Klarna portal. The payment transaction is then conducted automatically by Klarna.
Upon submitting the order, you pay the invoiced amount directly via the PayPal portal. The payment transaction is then conducted automatically by PayPal.
6. RETENTION OF TITLE
The merchandise remains our property until payment has been made in full.
The following also applies to Companies: We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. You may re-sell the goods subject to reservation of title as part of your customary business activities; All receivables from this re-sale shall be assigned to us in advance—regardless of whether the aforementioned goods are connected to or mixed with another item—for the invoiced amount, and we accept that assignment. You remain authorized to collect the receivables, although we retain the right to collect said receivables should you not satisfy your payment obligations.
7. TRANSPORT DAMAGES
If goods arrive with clear transport damages, then we ask that objection to these flaws be made soon as possible, and preferably immediately, with the delivery firm, and that you contact us immediately as well. Failure to object to the flaws or to make contact with us does not impinge on your legal claims and their enforceability, especially warranty rights. Documenting the damages in a timely manner does, however, help us with our own claims against the freight forwarder and/or transport insurance.
8. WARRANTY AND GUARANTEE
Where not otherwise explicitly agreed upon, the legal liability for defects shall apply. For Consumers, the statute of limitations for claims of defects for used items totals one year from delivery of the goods. For Companies, the statute of limitations for defect claims totals one year from the passing of risk; the legal statute of limitations for right of recourse as per Section 478 of the German Commercial Code remains unaffected. For Companies, the agreement on the properties and condition of the goods reflects solely our own claims and the manufacturer’s product descriptions, which become constituent parts of the contract; we assume no liability for public statements by the manufacturer or other commercial claims. If the delivered items are defective, we will remedy this, at our discretion, either by eliminating the defect (rectification) or by delivery of a default-free item (replacement). The aforementioned restrictions and abridgment of time limits do not apply to claims based on damages caused by us, our legal representatives, or our vicarious agents
- for damages related to injury to life, body or health,
- for breach of duties related to premeditation, gross negligence, or fraudulent intent
- for injuries to essential contractual obligations whose completion represent an essential foundation for the orderly execution of the contract and upon which the contractual parties regularly may depend (material contract obligations)
- as part of a guarantee promise, where negotiated in advance, or
- insofar as the area of application is subject to the Product Liability Law.
Information on legally applicable guarantees and their precise conditions can be found for each product, and on special information pages on the online shop.
9. LIMITATION OF LIABILITY
We always assume full liability for damages that are caused by us, our legal representatives, or our vicarious agents
- for injuries to life, body or health,
- for breach of duties related to premeditation or gross negligence,
- for guarantee promises, where previously negotiated, or
- insofar as the area of application is subject to the Product Liability Law.
For injuries to essential contractual obligations whose completion represent an essential foundation for the orderly execution of the contract and upon which the contractual parties regularly may depend (material contract obligations) caused by ordinary negligence on our part, or the part of our legal representatives or vicarious agents, the liability will be limited to the amount of reasonably foreseeable standard damages at the time the contract was concluded. Other claims to indemnification are excluded.
10. DISPUTE RESOLUTION
The European Commission has provided a platform for online dispute resolution. It can be found at https://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to resolve disputes.
To resolve disputes related to a contractual relationship with a Consumer and/or to determine whether such a contractual relationship exists in the first place, we are obligated to participate in the dispute resolution process through a consumer dispute resolution office. The responsible office is the Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. We will take part in dispute resolution procedures conducted by that office.
11. OUR DATA
Domäne Wachau eGen(mbH)
Tel: +43 2711 371
Fax: +43 2711 371-13
VAT ID Number: ATU 16326704
Listed in Commercial Registry under FN 50313s, Regional Court of Krems
Member of the Landwirtschaftskammer Niederösterreich and the Wirtschaftskammer Österreich
Customers in Austria:
IBAN AT83 3239 7000 0030 0020
Acct. No. 300020
Customers in Germany:
Deutsche Bank München
IBAN DE58 7007 0024 0264 8657 00
Swift code: DEUTDEDBMUC
Acct. No. 2648657 00
BLZ 700 700 24
All prices are listed in euros ex cellar for private consumers, including 20% VAT and all duties required by Austrian law. The price of glass and packaging are included, as is the Austrian and German disposal costs for bottles and cartons. The publication of a new price list vitiates the validity of all previous price lists.