General Terms and Conditions
Validity and general information
These General Terms and Conditions (hereinafter referred to as GTC) apply without exception to all legal transactions, deliveries and services concluded between the Eisenberg DAC Association, Am Naturpark 1, 7474 Eisenberg / Pinka, Austria and the customer.
By placing an order, the customer agrees to these General Terms and Conditions. These General Terms and Conditions may be amended by Eisenberg DAC at any time and shall apply in the version valid at the time of the customer’s order. Deviating terms and conditions are not valid unless Verein Eisenberg DAC has agreed to them in writing or by email before accepting the order.
These GTC apply to both entrepreneurs and consumers, but only to the extent that there are no mandatory provisions of the Consumer Protection Act or other laws to the contrary.
Should individual provisions of these GTC be invalid in whole or in part, or become invalid due to statutory provisions, the validity of the remaining provisions shall not be affected. Ineffective provisions shall be replaced by effective provisions that most closely correspond to the original intended purpose.
Offers
Offers from the Eisenberg DAC Association are always subject to change and non-binding, unless expressly agreed otherwise. The articles supplied do not have to correspond exactly to the illustrations.
Conclusion of contract
Conclusion of the contract: The presentation of the products on our website is to be understood as an online catalogue. They are not legally binding offers on our part. By clicking on the ‘+’ button, you can add the selected product to your order list. By clicking on the ‘order’ button, you are making a binding offer to purchase the items you have selected. You will automatically receive a confirmation of your order by e-mail. By sending this confirmation, we have accepted your offer. The contract is thus concluded.
Order confirmation: Immediately after we have received your order, you will receive an order confirmation to the e-mail address you have provided.
Delivery and dispatch
Unless collection by the customer has been agreed, delivery shall be made to the address specified by the customer as quickly as possible within a reasonable period of time.
The risk shall pass to the customer as soon as the delivery has left Eisenberg DAC, i.e. when the customer has accepted the delivery, even if partial deliveries are made. Information about the delivery period is non-binding, unless a delivery date has been agreed in writing and is binding in exceptional cases.
In the event that a delivery date cannot be met by Verein Eisenberg DAC, the purchaser will be informed and notified of the new delivery date. If the ordered goods are not available despite the order confirmation, the customer will be informed immediately. In this case, Verein Eisenberg DAC is entitled to withdraw from the contract and not deliver the ordered goods; any payment already made will be refunded immediately.
Force majeure or other unforeseen events release Verein Eisenberg DAC from the obligation to meet the specified delivery date.
Your parcels will be delivered by the respective selected producer to the delivery address specified by you. Please note that you or a person authorised to accept the goods can be reached at this address during the day.
We do not charge shipping costs within Austria and Germany.
For shipments within EU countries other than Austria or Germany, Verein Eisenberg DAC reserves the right to make a new offer for the items ordered and the shipping costs.
Deliveries to Great Britain, Norway, Ireland and Sweden as well as countries outside Europe are generally not possible. However, they can be checked on request. Please send an email to: info@eisenberg-dac.at
Cancellation, right of withdrawal
You have the right to cancel your contract within 14 days without giving any reason.
The cancellation period is 14 days from receipt of this instruction in text form, but not before receipt of the goods by the recipient.
In order to exercise your right of cancellation, you must inform the Eisenberg DAC Association of your decision to cancel this contract by means of a clear declaration (letter, fax, e-mail). Timely dispatch of the cancellation is sufficient to comply with the cancellation period.
The written cancellation must be sent to:
Verein Eisenberg DAC, Am Naturpark 1, 7474 Eisenberg / Pinka, Austria
Email: info@eisenberg-dac.at
Consequences of cancellation
In the event of an effective cancellation, the services received by both parties must be returned. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. Verein Eisenberg DAC may refuse repayment until it has received the goods back.
The customer must return or hand over the goods to Verein Eisenberg DAC, Am Naturpark 1, 7474 Eisenberg / Pinka, Austria, immediately and in any case within fourteen days at the latest from the day on which he informed Verein Eisenberg DAC of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
The cost of returning the goods shall in any case be borne by the buyer.
If you are unable to return the goods received in full or in part or only in a deteriorated condition, you may have to compensate us for the value. The customer shall only be liable for any loss in value of the goods if this loss in value is due to handling by the customer that is not necessary for checking the condition, properties and functionality of the goods.
Terms of payment, shipping costs
Unless otherwise stated, all prices are per bottle in EURO including all statutory duties and taxes for customers from Austria including all expenses incurred with the dispatch. The prices at the time of the order apply. Instead of prices are the previous sales prices. In the case of delivery outside Austria, prices may change due to different taxes and duties.
Unless otherwise agreed, the purchase price is due without any deductions upon ordering.
The prices stated on the website of Verein Eisenberg DAC apply exclusively to e-commerce orders.
Shipping and transport costs see point 5 (Delivery and shipping)
Retention of title
The goods remain the property of Verein Eisenberg DAC until full payment has been made by the customer.
Warranty
he purchaser undertakes to report any defects immediately and with a precise description of the defect and to return the goods together with a copy of the invoice.
We guarantee full compensation for damages and impairments that occur during transport under the following conditions:
– The incoming goods must be checked immediately for correctness and completeness.
– Any complaints must be confirmed by the transport company.
– A complaint about the goods must be reported to us within 48 hours.
The warranty shall be provided by replacing the item within a reasonable period of time. The Eisenberg DAC Association has the right to choose in this respect.
If the goods are consumed beyond a tasting of a small quantity to check for any defects (cork taste), any warranty is excluded.
The crystallisation of tartar is a natural process and not a reason for complaint.
A warranty claim is in any case limited to the invoice value of the defective goods delivered.
Compensation for damages
Verein Eisenberg DAC is only liable for damage caused by gross negligence or wilful intent. Liability for slight negligence is excluded, as is liability for consequential damage, financial loss, loss of profit, unrealised savings or loss of interest. There is no liability for third-party claims.
Within the scope of application of the Product Liability Act, Verein Eisenberg DAC is liable for personal injury and damage to property suffered by a consumer. There are no claims by a customer who is an entrepreneur under the Product Liability Act.
Broken bottles are covered by the transport insurance. A photo of the shipping carton with the still corked or screwed and unopened bottle neck shall serve as proof.
Data processing
he customer agrees that his data which has become known through the business relationship may be stored, processed and transmitted by Verein Eisenberg DAC to the companies or persons involved in the business transaction.
Otherwise, the data will be treated confidentially in accordance with the Data Protection Act and protected against unauthorised access wherever possible.
The customer has the right to free information, correction, blocking and deletion of his stored data at any time. He can contact the Eisenberg DAC Association in this matter in writing to the e-mail address info@eisenberg-dac.at or by post via the company headquarters stated in the imprint.
The customer has been informed of the type, scope, location and purpose of the collection, processing and use of the data required for the fulfilment of orders. The customer expressly consents to this collection, processing and utilisation of personal data. Data will only be passed on for the purpose of processing the transaction. Verein Eisenberg DAC guarantees the confidential use of the customer’s data.
Place of jurisdiction and applicable law
For all disputes arising from the relationship between the Eisenberg DAC Association and the purchaser, the competent district court of Oberwart is agreed, unless mandatory statutory provisions to the contrary apply. The Eisenberg DAC Association is also entitled to take legal action at the general place of jurisdiction of the purchaser. Austrian law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. The contract language is German.
Protection of minors
The sale and delivery of wine and spirits can only be made to persons over the age of 16 or 18 (the laws differ in the respective federal state). In order to comply with legal regulations, we are authorised to hand over goods only after legitimation with an official photo ID. In the event of a justified refusal to hand over the goods, the customer is obliged to pay compensation for the actual loss incurred.