1. Validity and General
b. Deviating agreements to individual points of the present conditions are effective only for these and require the previous, explicit and written confirmation of Weingut Leitner to be effective. Other conditions are not part of the contract, even if winery Leitner does not expressly contradict them.
c. These GTC apply both to entrepreneurs and consumers, but to the latter only to the extent that no mandatory provisions of the Consumer Protection Act or other laws conflict.
d. Should individual provisions of these terms and conditions be wholly or partially ineffective or ineffective due to statutory provisions, the validity of the remaining provisions shall not be affected thereby. Ineffective provisions will be replaced by effective regulations that most closely reflect the original intended purpose.
a. Offers from Weingut Leitner are always non-binding, unless otherwise expressly agreed. The delivered articles do not have to correspond exactly to the pictures.
3. Contract conclusion
a. The products exhibited on the website do not yet constitute an offer. The customer for his part issues a contract offer (order). Therefore, only the electronically (by Internet), in writing or by phone submitted order is a legally binding offer. The receipt of orders is confirmed immediately. The confirmation of receipt itself is not an acceptance. The acceptance of the order by Weingut Leitner takes place by e-mail or by mail. Orders are checked within a reasonable and usual processing and reflection time.
b. Order confirmation: Immediately after receipt of your order you will receive an order confirmation from us at the e-mail address you provided.
a. The delivery takes place, as far as self pickup has not been agreed, to the address indicated by the customer as fast as possible within a reasonable period.
b. In the event that a delivery date by Weingut Leitner can not be met, the purchaser will be informed and notified the new delivery date. If the ordered goods are not available despite the order confirmation, the customer will be informed immediately. Weingut Leitner is in this case entitled to withdraw from the contract and not to deliver the ordered goods; an already paid fee will be refunded immediately.
c. Force Majeure or other unforeseen events release Weingut Leitner from compliance with the specified delivery date.
d. Weingut Leitner is entitled, unless otherwise agreed, to charge separately for transport and delivery costs. Weingut Leitner is free to choose the means of transport or delivery.
e. Unless otherwise agreed in individual cases, the goods offered are basically intended only for the end user and not for resale. Winery Leitner reserves the right to ship goods only in customary household quantities.
f. Within Austria, we charge shipping costs as follows:
• From a value of € 150, - we deliver in Austria free house.
• For orders of less than € 150, you will receive a flat rate of € 8, - for transport and packaging within Austria.
•Shipments within the EU are possible:
• We deliver to Germany from a value of € 200, - free, under which we charge a flat rate of € 10, - for transport and packaging.
• We deliver to Belgium, the Netherlands, Luxembourg and Denmark from a value of € 200, - free. Below that we charge a flat rate of € 20, - for transport and packaging. Deliveries to France are made from € 200, - free, including a flat rate of € 25, - for transport and packaging.
• Minimum order quantity are 3 bottles with the same contents. For shipping reasons for bottle cartons, we ask you to ensure that your order quantity with the same content is divisible by 3.
a. A right of withdrawal of the consumer according to § 5 e KSchG does not exist for the delivery of drinks, as this is excluded according to § 5f Z 7 KSchG (home delivery). If the performance of Weingut Leitner does not take place as part of a home delivery, a purchaser who is a consumer within the meaning of the Consumer Protection Act, within seven working days (the Saturday does not count as a working day) from receipt of goods with him, the contract or his contract step back. It is sufficient if the resignation is sent within the deadline.
a. Weingut Leitner Gernot, Quellengasse 33.7122 Gols, (hereinafter referred to as "Weingut Leitner") and the purchaser concluded legal transactions, deliveries and services.
b. In the case of an effective withdrawal, the benefits received by both parties shall be deferred one by one. The purchaser shall pay a reasonable fee for the use, including compensation for any associated reduction in the mean value of the service.
c. The costs of returning the goods shall be borne by the purchaser.
6. Terms of payment, shipping costs
a. Unless otherwise stated, all prices include VAT plus all expenses incurred with shipping. The prices are valid at the time of the order.
b. Unless otherwise agreed, the purchase price is due for payment by credit card or prepayment without any deductions.
c. The prices indicated on the homepage of winery Leitner are valid exclusively for orders in e-commerce.
d. Unless otherwise agreed, shipping and transport costs will be charged separately.
7. Retention of title
a. Until full payment by the customer, the goods remain the property of Weingut Leitner.
a. The purchaser undertakes to notify any defects in the event of other loss of his claims without delay and with a detailed description of the defect and to return the goods together with a copy of the invoice.
b. The warranty is provided primarily by improvement or replacement of the item within a reasonable period. The relevant right to vote is winery Leitner.
c. In the case of consumption of the goods, which goes beyond a tasting in a small amount to check for any defects, any warranty is excluded.
a. Winery Leitner is liable only for such damage, which was grossly negligent or intentionally inflicted. Liability for slight negligence is excluded, as well as liability for consequential damage, financial loss, lost profits, unrealized savings, or interest losses. No liability exists for claims of third parties.
b. Within the scope of the Product Liability Act, Weingut Leitner is liable for personal injury and property damage suffered by a consumer. Claims of an orderer, who is an entrepreneur, from the product liability law do not exist.
c. Cork substitute Impairments due to faulty cork are not the responsibility of the winegrower. An exchange of defective bottles takes place under the following conditions: The defective bottle is closed again with the bad cork and returned to Weingut Leitner in Gols.
10. Data processing
a. The purchaser agrees that his data obtained from the business relationship Leitner may be stored, processed and transmitted to the companies or persons involved in the transaction or to other providers of this online shop.
b. Otherwise, the data will be treated confidentially in accordance with the Data Protection Act and, if possible, protected against unauthorized access.
11. Jurisdiction and applicable law
a. For all disputes arising from the relationship between Weingut Leitner and the purchaser, the relevant court in Neusiedl am See is agreed, unless compelling statutory provisions against it.
Winery Leitner is entitled to sue also at the general place of jurisdiction of the orderer. Austrian law applies. The validity of the UN Sales Convention is excluded.