General Terms and Conditions
1. APPLICATION
1.1. For all contracts that are concluded via the WINEFORUM online vinothek of J.BÖHM KG (hereafter WINEFORUM), the following terms and conditions (GTC) apply insofar as they are consumers.
1.2. Conflicting or deviating from these terms and conditions of the customer acknowledges WINEFORUM only if they have been expressly agreed in writing.
1.3. By clicking before placing the order, the customer agrees to these Terms and Conditions (GTC) and accepts them. The contract data is stored for billing and can be viewed by the customer at any time.
1.4. Contract, order and business language is possible in German and English. In case of possible disputes from contracts only German language applies.
2. CONCLUSION OF CONTRACT
2.1. The product presentation in the WINEFORUM online vinothek is not an offer in the legal sense and is an invitation to the customer to submit an offer. The offer in the legal sense gives the customer by making the order.
2.2. The receipt of the customer's order and its contents is confirmed by e-mail (receipt confirmation). This confirmation is not an acceptance of the offer. 2.3. The acceptance of the offer by the customer takes place either by sending a declaration of acceptance (order confirmation or invoice) or by factual delivery of the ordered goods.
2.4. WINEFORUM is entitled to refuse an order without stating reasons. In case of refusal, the customer will be informed in writing.
3. ORDER PROCESS
The customer's order via the WINEFORUM online vinothek comprises several steps:
• Prerequisite for an order is a customer registration
• Selection of the desired product (s). These can be put into the shopping cart without obligation and deleted at any time from the shopping cart
• Specification of customer data (name, invoice, delivery address, etc.)
• 'Choose the delivery'
• 'Choose payment method'
• 'Confirm'> Check and correction of all information
• 'Buy'> send a paid order to WINEFORUM
• After your registration, you will receive your access data as an e-mail. We will save the contract text and send you the order confirmation by e-mail. By logging in, you can view and change your order and your personal data at any time.
4. PRICES AND SHIPPING COSTS
4. 1. The prices quoted by WINEFORUM on the website are in Euro and include the statutory taxes applicable in Austria, but do not include shipping costs.
For orders in the EU area, the applicable EU laws and VAT rates vary within the member states of the respective destination country (destination country). The relevant final prices are displayed “in the shopping cart. ”
Should export or import duties become due in the course of shipment, this shall be borne by the purchaser (information on this can be obtained from your customs office).
4.2. Shipping or COD costs. The costs for delivery are listed in the WINEFORUM online vinothek under the category "Shipping costs" or at the product price under "Shipping costs" and, unless otherwise agreed (such as free delivery), are to be borne by the customer. The binding prices and shipping costs are displayed after correct order entry in the cart of the WINEFORUM online vinothek and shown in the order confirmation or invoice.
4.3. Shipping costs for deliveries outside the countries specified under "Shipping costs" or for deliveries of large bottles and accessories are determined based on demand (quantity, place of delivery), an automatic shipping cost allocation is therefore not possible. Upon request of the customer, the current costs incurred will be mentioned; the purchase contract will then be accepted by WINEFORUM, if the customer has accepted these costs.
4.4. In the case of delivery outside of Austria, additional costs such as customs duties, taxes or duties may arise, which may lead to a change in the gross prices quoted and must be borne by the customer on site.
4.5. When paying with vouchers, no credit will be issued for any balance. The redemption period for vouchers is based on the date indicated on the vouchers.
4.6. Price mistakes reserved. If the price is changed, the customer will be informed in case of an order. The contract is concluded when the customer accepts the adjusted price.
5. PAYMENT TERMS, PAYMENT OF PAYMENT
5.1. The purchase price is due upon conclusion of the contract, at the latest upon delivery of the goods.
5.2. Payment can be made by bank transfer (prepayment), PayPal, cash on delivery (only in Austria) and cash on delivery. WINEFORUM reserves the right to exclude individual payment methods.
5.3. For the payment method transfer, the customer must make the payment within 7 days from the receipt of the order confirmation. The dispatch takes place only after receipt of payment. Payments are deemed to have been made only upon receipt of the WINEFORUM Business Account.
5.4. In case of late payment WINEFORUM can covet the following: • postpone their own obligations until settlement of the customer's outstanding payments • make the entire or pending purchase price due immediately (even if an installment is agreed) • to demand the compensation of the damage actually incurred or default interest of 6% above the base interest rate of the Austrian National Bank plus value added tax, as the case may be • withdraw from the contract if a reasonable grace period is not met • the customer the resulting dunning and collection costs, as far as they are in reasonable proportion to the claim In the event of default in payment, any discount agreements shall also be ineffective, including partial installments.
5.5. The customer can exercise a right of retention only if claims result from the same contractual relationship.
5.6. The ordered goods remain the property of WINEFORUM until full payment including ancillary costs.
6. CONTRACT RECOVERY BZW. REVOCATION
6.1. The customer has the right to cancel this contract within 14 days without giving reasons. The period of revocation starts from the day on which the goods have been taken over by the customer or a third party named by him (who, however, is not the carrier).
6.2. In order to exercise the right of rescission or withdrawal, WINEFORUM must be informed by the customer by means of a clear statement (eg. letter or e-mail) of withdrawing this contract. For this you can use the model withdrawal form (found on the WINEFORUM onlinevinothek - home page under 'Withdrawal or Withdrawal'). In order to safeguard the withdrawal or revocation period, it is sufficient that the notification of the exercise of the right of withdrawal or withdrawal is sent before the expiry of the deadline mentioned under point 6.1.
6.3. The resignation or revocation declaration must be sent to: J.BÖHM KG, Gschwendt 2B / 46, 3400 Weidling, Austria or by mail to office@wineforum.co.at
6.4. If the customer withdraws from the contract, all payments received by WINEFORUM, including delivery costs (with the exception of the additional costs arising from a different delivery method than the most favorable standard delivery), shall be paid within 14 days from the date of receipt at the latest which received the notification of resignation / withdrawal at WINEFORUM. The same means of payment used in the original transaction will be used for repayment. WINEFORUM will charge no fees for the refund.
6.5. WINEFORUM may refuse to repay it until the goods have been returned or evidence has been provided that the goods have been returned. Whichever was the earlier time.
6.6. The return of the goods must be returned or handed over to WINEFORUM immediately and in any event not later than 14 days from the day on which WINEFORUM was informed of the rescission that was revoked. The deadline is respected if the goods were dispatched before the expiry of the period of 14 days.
6.7. The customer bears the immediate costs of returning the goods.
6.8. The shipment of goods has to be in original bottle packed, closed and undamaged. In case of deterioration of the goods, the compensation for value is paid by the customer.
6.9. The consumer has no right of rescission or cancellation with orders of 'order items' (these are declared as such), with articles which were procured individually for the customer and with goods, which are delivered sealed and for reasons of the health protection or for hygiene reasons not Return if their seal has been removed
7. ORDERS, DELIVERY TERMS, DELIVERY PERIOD, DELIVERY DISCLAIMERS, CANCELLATION
7.1. WINEFORUM accepts contracts by telephone, post, e-mail or via the WINEFORUM online vinothek webshop.
7.2. The acceptance of orders is subject to the delivery options. Will by inevitable circumstances - such. Subsidies, malfunctions (also with suppliers) as well as all cases of force majeure - the delivery to be represented or the adherence to an agreed delivery period impossible, then the obligation to deliver expires at the scheduled delivery date and WINEFORUM contacts the customer for the purpose of agreeing a new delivery date.
7.3. The customer provides the exact delivery address and ensures a proper takeover of the ordered goods at the specified delivery address.
7.4. The products offered are always listed as available stock items. Unless otherwise agreed, the delivery shall be made promptly after receipt of payment and by a forwarding agent commissioned by WINEFORUM at customary times. In the event that an item is out of stock, the expected delivery time will be indicated upon confirmation of the customer order.
7.5. Collection of the goods at the office is possible by prior appointment.
7.6. Additional costs of new deliveries, which result from an incomplete or incorrectly specified address or an ineligible first handover, are transferred to the customer.
7.7. Deliveries outside Austria will only be made if no statutory or other disproportionate obstacles prevent delivery.
7.8. If WINEFORUM can not name a new delivery date, WINEFORUM is entitled to withdraw from the contract in whole or in part without being liable for damages. Also in this case the customer can withdraw from the contract.
7.9. In the event of non-acceptance of ordered goods, WINEFORUM shall be entitled to reimbursement for any additional expenses incurred, such as frustrated transport costs. This does not apply if WINEFORUM does not perform the services in accordance with the contract.
7.10. Changes or cancellations of contracts by the customer must be made in writing. However, these will only become effective upon written confirmation by WINEFORUM (e-mail or letter post).
7.11. If the customer declares unwillingly to withdraw from the contract (cancellation) WINEFORUM is entitled to 15% of the purchase price as flat-rate compensation ("cancellation fee").
7.12. WINEFORUM is only obliged to perform the service as soon as the customer has fulfilled his contractual obligation to carry out the work. WINEFORUM is entitled to exceed agreed deadlines and delivery times by up to one week. Only after expiry of this period, the customer can withdraw from the contract after setting a reasonable grace period.
7.13. Sparkling wines and spirits are only delivered to customers based in Austria.
8. PLACE OF PERFORMANCE
8.1. The place of performance for both WINEFORUM and the customer is the registered office of J.BÖHM KG in A-3400 Weidling, Gschwendt 2B / 46.
9. SMALL PERFORMANCE CHANGES
9.1. Any customary or minor technical deviations in quality, quantity, color, size, weight, equipment or design shall not constitute a warranty defect or non-performance of the contract. WINEFORUM shall not be liable for color, material, or pattern conformity or any other conformity of reordered goods.
9.2. The vintages are only valid as long as stocks last or have arrived on time. WINEFORUM reserves the right to deliver successor years as an alternative.
10. HAZARDOUS TRANSFER
10.1. Upon delivery, WINEFORUM, as authorized representative of the purchaser, determines the mode of transport and the route of transport.
10.2. Usage and risk - both on delivery, as well as pickup - on transfer of the goods by the customer or by the customer commissioned third party to the customer.
11. PRODUCT LIABILITY, WARRANTY, DAMAGES
11.1. Unless otherwise specified, the general statutory provisions apply.
11.2. Claims for damages by the customer against WINEFORUM are excluded unless WINEFORUM has acted with intent or gross negligence by its vicarious agents. Liability for damage resulting from injury to life, limb or health of humans remains unaffected.
11.3. Properties specified in the description are not binding.
11.4. Warranty claims require an immediate notification of defects. Recognizable defects immediately upon acceptance, hidden defects on presentation of the goods in stock and original invoice.
11.5. The warranty is excluded in the case of defects caused by the customer. This is especially the case with improper handling and storage.
11.6. WINEFORUM fulfills its warranty obligations at its discretion, either by subsequent delivery of faultless goods or rescission of the contract (repayment of the purchase price within a reasonable period). If the customer is a consumer, he may, in the event of a defect at his option, in compliance with legal requirements, demand replacement of the goods, reasonable price reduction or conversion.
11.7. Entrepreneurs must prove the existence of intent or gross negligence. The liability is limited within the scope of the legal regulations with 10% of the value of the goods. The replacement of (defect) consequential damage, other property damage, financial loss and damage from claims of third parties against the customer is excluded.
12. YOUTH PROTECTION
The delivery and delivery of wine and spirits can only be made to persons over the age of 18 years. By placing the order, the customer assures that he or the recipient of the ordered goods is older than 18 years.
13. LAW, JURISDICTION
13.1. Only Austrian law. If the contractual partner is a consumer, this choice of law shall only apply insofar as this does not restrict any mandatory statutory provisions of the state in which he has his domicile or habitual residence.
13.2. For all disputes arising from contracts that have been concluded under the terms of these terms and conditions, the relevant court in Korneuburg is exclusively responsible, unless the customer is a consumer.
13.3. If the consumer is domiciled or habitually resident or domesticated, an action against him may be based only on the jurisdiction of the court in whose district the domicile, habitual residence or place of employment is situated; this does not apply to legal disputes that have already arisen.
13.4. We undertake to participate in disputes in the arbitration process of the Internet Ombudsman. Further information on the types of procedure can be found at www.ombudsmann.at. The OS platform can also be used to resolve disputes with our company:http://ec.europa.eu/consumers/odr. Our e-mail address: office@wineforum.co.at
14. COPYRIGHT
All news, graphics and the design of our website are solely for the personal information of our customers and are protected by copyright.
15. OTHER PROVISIONS
15.1. If any provision of these Terms and Conditions should be ineffective, the validity of the remaining provisions shall remain unaffected.
15.2. WINEFORUM is entitled to unilaterally change these general terms and conditions at any time. The current version is valid at the time of the customer's order.
Version 30.6.2021
