General terms and conditions with customer information

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Weingut Silly (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. A business entity, for the purposes of these Terms and Conditions, is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve as an invitation to the customer to submit a binding offer.

2.2 The customer can submit an offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to purchase the goods in the shopping cart by clicking the button that finalizes the order. Alternatively, the customer can also submit the offer to the seller by fax or email.

2.3 The seller can accept the customer's offer within five days.,

by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
by requesting payment from the customer after they have placed their order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4 When selecting the payment method "PayPal Express," payment processing is handled by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or – if the customer does not have a PayPal account – subject to the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the payment method during the online ordering process, clicking the button that completes the order simultaneously authorizes a payment to PayPal. In this case, the seller hereby declares acceptance of the customer's offer at the moment the customer initiates the payment process by clicking the button that completes the order.

2.5 When an offer is submitted via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g., email, fax, or letter) along with these terms and conditions after the order has been submitted. Additionally, the contract text is archived on the seller's website and can be accessed free of charge by the customer via their password-protected customer account using the corresponding login details, provided the customer created a customer account in the seller's online shop before submitting their order.

2.6 Before submitting a binding order via the seller's online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. A useful technical aid for better error detection is the browser's zoom function, which enlarges the screen display. The customer can correct their entries during the electronic ordering process using standard keyboard and mouse functions until they click the button to finalize the order.

2.7 The German language is the only language available for concluding the contract.

2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.

2.9 When ordering alcoholic beverages, the customer confirms by submitting the order that he has reached the legally required minimum age and undertakes to ensure that either he or an authorized adult may accept the goods.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the seller's cancellation policy.

3.3 The right of withdrawal applies only to consumers who are citizens of a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are within the European Union at the time of conclusion of the contract.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices including VAT. Any applicable delivery and shipping costs will be listed separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which are beyond the seller's control and must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also be incurred with regard to money transfers even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 When paying with a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5) Delivery and shipping conditions

5.1 Unless otherwise agreed, goods will be delivered by mail to the delivery address specified by the customer.

5.2 For goods delivered by freight forwarder, delivery is made "free to the curb", i.e., to the nearest public curb to the delivery address, unless otherwise stated in the shipping information in the seller's online shop or otherwise agreed.

5.3 If the shipping company returns the goods to the seller because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipment. This does not apply if the customer effectively exercises their right of withdrawal, if they are not responsible for the circumstances that led to the impossibility of delivery, or if they were temporarily prevented from accepting the offered service, unless the seller had notified them of the service a reasonable time in advance.

5.4 If the customer is acting as a business, the risk of accidental loss or damage to the goods sold passes to the customer as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss or damage to the goods sold generally only passes to the customer upon delivery of the goods to the customer or an authorized recipient. Notwithstanding the foregoing, the risk of accidental loss or damage to the goods sold also passes to the customer as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment, provided that the customer has commissioned the carrier, freight forwarder, or other person or entity designated to carry out the shipment and the seller has not previously informed the customer of the identity of this person or entity.

5.5 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller by its own suppliers. This applies only if the non-delivery is not the seller's fault and the seller has concluded a specific cover transaction with the supplier with due diligence. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the payment will be refunded immediately.

5.6 Self-collection is not possible for logistical reasons.

6) Retention of title

6.1 With respect to consumers, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

6.2 With respect to entrepreneurs, the seller retains ownership of the delivered goods until all claims arising from an ongoing business relationship have been fully settled.

6.3 If the customer is acting as a business, they are entitled to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns to the seller in advance all claims against third parties arising from such resale, up to the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the goods subject to retention of title have been resold before or after processing. The customer remains authorized to collect the receivables even after the assignment. The seller's right to collect the receivables directly remains unaffected. However, the seller will not collect the receivables as long as the customer fulfills their payment obligations to the seller, is not in default of payment, and no application for the commencement of insolvency proceedings has been filed.

7) Liability for defects (warranty)

If the purchased item is defective, the provisions of statutory warranty law apply. The following applies in deviation from this:

7.1 For entrepreneurs

An insignificant defect does not generally give rise to any warranty claims;
The seller has the choice of the type of subsequent performance;
For new goods, the limitation period for defects is one year from the transfer of risk;
For used goods, rights and claims due to defects are generally excluded;
The limitation period does not restart if a replacement delivery is made under the warranty for defects.

7.2 For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer, subject to the restriction in the following clause.

7.3 The aforementioned limitations of liability and reductions of the limitation period do not apply.

for items that have not been used in accordance with their usual purpose for a building and have caused its defectiveness,
for damages resulting from injury to life, body or health caused by an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or agent of the seller,
for other damages resulting from an intentional or grossly negligent breach of duty by the seller or from an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, as well as
in the event that the seller has fraudulently concealed the defect.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for the right of recourse under § 478 BGB remain unaffected.

7.5 If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed approved.

7.6 If the customer is a consumer, they are requested to report any delivered goods with obvious transport damage to the delivery person and to inform the seller. Failure to do so will not affect their statutory or contractual warranty rights.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1 The seller is fully liable for any legal reason.

in cases of intent or gross negligence,
in the event of intentional or negligent injury to life, body or health,
based on a guarantee promise, unless otherwise stipulated,
due to mandatory liability, such as under the Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damages typical for this type of contract, unless unlimited liability applies pursuant to the preceding clause. Material contractual obligations are those obligations that the contract imposes on the seller according to its content for the achievement of the contractual purpose, the fulfillment of which is essential for the proper performance of the contract, and on the observance of which the customer may regularly rely.

8.3 Furthermore, the seller's liability is excluded.

8.4 The above liability provisions also apply with regard to the seller's liability for his vicarious agents and legal representatives.

9) Applicable Law

9.1 All legal relations between the parties shall be governed by the laws of the Republic of Austria, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.

9.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal to consumers who, at the time of conclusion of the contract, are not resident in a Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.

10) Place of jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law, and has its registered office in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business. If the customer has its registered office outside the territory of the Republic of Austria, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the customer's professional or commercial activities. In the aforementioned cases, however, the seller shall in any event be entitled to bring an action before the court at the customer's registered office.

11) Code of Conduct

12) Alternative Dispute Resolution

12.1 The EU Commission provides a platform for online dispute resolution at the following link: http://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

12.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.