General Terms and Conditions (GTC) of Obsthof Retter GmbH
1.1 These General Terms and Conditions apply to the sale and delivery of goods by Obsthof Retter GmbH (hereinafter referred to as "Obsthof Retter") with its registered office and business address in Winzendorf 142, 8225 Pöllau, Austria.
1.2 Obsthof Retter can change the general terms and conditions at any time and apply in the current version at the time of the customer's order.
1.3 Different terms and conditions are not valid unless the Obsthof Retter has agreed to them in writing or by email before accepting the order.
1.4 By placing an order, the customer agrees to these general terms and conditions.
1.5 The customer's order represents a binding offer. Obsthof Retter's acceptance of the customer's offer is made through the de facto delivery of the ordered goods. Obsthof Retter is entitled to refuse an order without giving reasons.
2. Prices, discounts and shipping costs
2.1 The offered prices of the goods are gross prices in euros and include all statutory taxes and duties for deliveries in Germany. However, the prices offered do not include any packaging and shipping costs.
2.2 The basis for calculating discounts is exclusively the net value of the goods or the net order value.
2.3 For deliveries outside Austria, additional duties and / or taxes may apply, including any import or export taxes and any excise duties that may lead to a change in the gross prices offered. Such duties and / or taxes are to be borne by the buyer in the respective statutory amount. Deliveries outside Austria can only be made if there are no legal or disproportionate logistical obstacles to the delivery.
2.4 The prices stated in catalogs, brochures, price lists etc. are - unless expressly stated otherwise in individual cases - always non-binding. The prices are also non-binding for repeat orders.
2.5 The prices are based on the costs at the time of the initial price indication. If the costs change by the time an order is placed by the buyer, Obsthof Retter is entitled to adjust the prices accordingly. The binding prices are shown in the online shop after the correct selection in the shopping cart, and for an order placed by post, telephone, fax or email is shown in the order confirmation given by Obsthof Retter in writing (including by fax or email) ,
2.6 Unless otherwise agreed in writing, the buyer bears all costs arising from the shipment. The costs of delivery are displayed when ordering in the online online shop after correct selection in the shopping cart, and in the case of an order placed by post, telephone, fax or e-mail in the order of the Obsthof Retter in writing (including by fax or by E-Mail) submitted order confirmation.
2.7 From a gross order value of currently EUR 80.00 for consumers, Obsthof Retter assumes the costs of delivery within Austria. From a gross order value of currently EUR 1000.00 for consumers, Obsthof Retter assumes the costs of delivery to Germany. From a gross order value of currently EUR 150.00 for consumers, Obsthof Retter assumes the costs of delivery to all other EU countries.
2.8 For the remaining states of the Schengen area, the delivery costs actually incurred will be invoiced and the amount shown in item 2.5 after correct selection in the shopping cart and in the order confirmation. For deliveries outside the Schengen area, deliveries are made by a carrier. In this case, an automatic shipping cost calculation is not possible. The customer can still order if he follows the usual ordering method. After submitting the order, the Obsthof Retter will contact the customer and tell them the delivery costs. The purchase contract is only concluded when the customer has accepted the offer.
3.1 The purchase price is due when the contract is concluded, at the latest when the goods are delivered. This also applies to partial deliveries in which the purchase price is to be paid for the partial quantities delivered. If delivery with delivery has been agreed, this and any transport insurance requested by the buyer (see point 4) will be charged separately. The fee for this is due upon delivery of the goods. If the charged price is not paid in full on delivery, the deliverer of the goods is entitled to do so at the expense of Buyers again. Justified complaints do not entitle the buyer to withhold the entire, but only a reasonable part of the invoice amount. In the case of transactions with consumers, the latter can refuse to pay in full if Obsthof Retter did not deliver the goods in accordance with the contract or if their performance is at risk due to their poor financial circumstances, which were neither known nor had to be known to the consumer at the time the contract was concluded. If the Obsthof Retter offers adequate security, this right to refuse payment does not apply.
3.2 Obsthof Retter retains ownership of all goods until full payment of the purchase price including ancillary fees.
3.3 If the buyer is in arrears with payment or other services, Obsthof Retter can:
- defer the fulfillment of their own obligations until the arrears of payments or other benefits have been effected,
- make use of a reasonable extension of the delivery period corresponding to the delay of the customer,
- pay the entire or still open purchase price immediately (loss of appointment); this also applies if an installment payment is agreed with the consumer, provided that the Obsthof Retter has already performed its services, at least one back payment by the consumer has been due for at least 6 weeks, and Obsthof Retter has threatened the deadline and a grace period has been set has unsuccessfully sent a warning of at least 2 weeks, whereby the immediately due installments are to be reduced taking into account a deduction for the interest corresponding to the remaining term,
- Default interest of 6% above the base rate of the Austrian National Bank, at least 10% per year, plus sales tax, and
- withdraw from the contract if a reasonable grace period is not met, and
- Ask the buyer for the resulting reminder and collection expenses, insofar as they are necessary for the appropriate legal prosecution and are in a reasonable relationship to the claim being operated, whereby the buyer is obliged to replace the remuneration of the inserted collection agency as a maximum, which results from the VO of the BMWA result from the maximum rates of the collection agencies. In addition, any further damage, in particular also the damage that arises from the fact that due to non-payment, correspondingly higher interest on any credit costs incurred by Obsthof Retter is to be compensated regardless of the fault of late payment.
3.4 When paying with vouchers, no credit can be issued for any remaining amounts. The redemption period for goods vouchers / shopping vouchers etc. is based on the date stated on the goods vouchers / shopping vouchers etc.
4. Transfer of risk
4.1 In the event of delivery, the Obsthof Retter - in the absence of special instructions from the buyer - determines the mode of transport and route of transportation as the buyer's agent. Upon delivery, use and risk pass to the buyer upon delivery of the goods from Obsthof Retter to the carrier. The delivery is thus at the expense and risk of the buyer. The delivery is covered by a transport insurance for a value of goods exceeding EUR 2,500.00 only if the purchaser expressly instructs and at his expense.
5. Return of the goods, right of withdrawal
5.1 Until further notice, the Obsthof Retter is ready to take back goods purchased from him against reimbursement of the full purchase price under the following conditions: The return must be in original packaging, undamaged and with presentation of the original invoice within 10 days of the invoice date. The return takes place at the price valid at the time of the original purchase. The purchase price will be refunded in the form of a credit note. Special offers and partial quantities from packaging units, partial quantities from sets are expressly excluded from this.
5.2 If the buyer is a consumer within the meaning of the Consumer Protection Act and if he has placed his order by post, telephone, fax, email or via the Internet online shop, he can in accordance with §§ 5e-5h Consumer Protection Act and in deviation from point 5.1 within of seven working days (Monday to Friday) from the day of receipt of the goods by the buyer to withdraw from the purchase contract. The resignation does not require a reason, but only has to be sent in time. The buyer will be refunded the purchase price already paid against returning the goods, but must bear the costs and risks of the return. The goods must only be returned to the following address: Obsthof Retter GmbH, Winzendorf 142, 8225 Pöllau, Austria.
6. Orders, delivery period, delivery obstacles, withdrawal from the contract
6.1 Obsthof Retter accepts orders by phone, fax, email or via the online shop from Monday to Thursday from 8 a.m. to 4 p.m., Friday from 8 a.m. to 12 p.m. The order times can be specified by the Obsthof Retter changed from time to time in advertising mailings or in the Internet online shop. If orders are received outside of the order times, they are only considered received at the beginning of the order time on the next working day.
6.2 When placing an order by phone, fax or email, the customer must state a desired delivery date, a replacement date and the exact delivery location. The customer is obliged to ensure the proper takeover of the ordered goods at the specified delivery location on these dates. Obsthof Retter sends the customer a written (including fax or email) order confirmation with all relevant order data.
6.3 In the event of non-acceptance of the ordered goods, Obsthof Retter is entitled to reimbursement of the resulting additional expenses, e.g. frustrated transportation costs. This does not apply if the Obsthof Retter does not perform its services in accordance with the contract.
6.4 Orders are accepted subject to delivery options. Obsthof Retter reserves the right to allocate smaller quantities to customers if a product is oversubscribed. If delivery or compliance with an agreed delivery period becomes impossible due to circumstances for which Obsthof Retter is not responsible, the obligation to deliver expires on the scheduled delivery date. The circumstances for which Obsthof Retter is not responsible include in particular: difficulties in purchasing the goods or materials from third parties, the late release of the goods by the Obsthof Retter supplier, operational disruptions (also with Obsthof Retter suppliers), traffic disruptions, lockouts and strikes, and so on all cases of force majeure. In such cases, Obsthof Retter will contact the buyer immediately to arrange a replacement date for the prevented delivery. If the buyer is offered a new delivery date by the Obsthof Retter that is no later than two weeks after one of the originally agreed delivery dates, and the delivery is also carried out properly on this new date, the Obsthof Retter will deliver on time in accordance with the purchase contract in front.
6.5 If the Obsthof Retter cannot offer the buyer a new delivery date in accordance with point 6.4 or if the new delivery date cannot be met in the cases mentioned in point 6.4 (impossibility of delivery on the agreed date due to circumstances for which the Obsthof Retter is not responsible) Obsthof Retter is entitled to withdraw from the contract in whole or in part without becoming liable for damages. In such cases, the buyer can also withdraw from the contract.
6.6 In the case of divisible services, the buyer has no right of withdrawal with regard to deliverable parts insofar as parts of the service can be performed and used by the buyer. Under the same conditions, or if the remaining parts can be delivered in time (in the sense of point 6.4), the buyer is not entitled to refuse to accept partial deliveries.
6.7 If the buyer unjustifiably declares that he does not want to adhere to the contract ("cancellation") and the Obsthof Retter agrees to this in writing (including by fax or by email), the Obsthof Retter is entitled to 15% for goods in stock of the purchase price as a lump sum compensation ("cancellation fee"). In the case of goods ordered, such termination of the contract is generally excluded. Deviating from this, the statutory right of withdrawal for consumers without cancellation fee according to §§ 5e - 5h Consumer Protection Act (see also point 5.2) remains.
6.8 Changes or cancellations of orders by the buyer must always be in writing (including by fax or email). Obsthof Retter reserves the right to accept declarations in other forms, but these will only become effective upon written confirmation by Obsthof Retter (including by fax or email).
6.9 The conditions stated on the Internet also apply to online vouchers.
7.1 Commitments, such as the usability or special properties of the goods, or declarations by the employees of Obsthof Retter are non-binding and do not constitute an express assurance of certain properties if they are not made in writing (including by fax or email).
7.2 Warranty claims require that defects are immediately reported to Obsthof Retter, recognizable defects immediately upon takeover, hidden defects after discovery, and upon presentation of the opened goods and original invoice.
7.3 A warranty claim is in any case limited to the purchase price of the delivered and defective goods.
7.4 The Obsthof Retter fulfills its warranty obligations at its option either by delivering goods free of defects, improving, subsequent delivery of shortages or processing the contract (i.e. repayment of the purchase price) within a reasonable period.
7.5. For transactions with consumers within the meaning of the Austrian Consumer Protection Act, point 7.1 applies to Steller. to 7.4. that the customer in the event of a defect of his choice and in compliance with the statutory provisions, he may request improvement, replacement of the item, reasonable price reduction or change.
7.6 Flavor reasons, commercial or minor, technically related deviations in quality, quantity, color, size, weight, equipment or design do not constitute defects in warranty or non-fulfillment of the contract.
7.7 The Obsthof Retter is not liable for the taste, color, material and pattern match or other conformity characteristics of reordered goods. The same applies to goods ordered according to a sample, provided the deviation is within the customary and technical limits.
7.8 Any warranty is excluded after tasting, consumption or after processing or processing the goods.
7.9 The warranty period is 2 years from the time of transfer of risk in accordance with point 4.
7.10 Points 7.6 to 7.8 do not apply to transactions with consumers within the meaning of the Consumer Protection Act.
8. Liability for compensation
8.1 Obsthof Retter is liable for damage in accordance with the statutory provisions. Liability for slightly negligent damage is excluded. The limitation of liability does not apply to damage resulting from injury to life, limb or human health and to claims under the Austrian Product Liability Act.
8.2 Entrepreneurs have to prove the existence of intent or gross negligence. It is towards entrepreneurs. Liability for lost profits and other consequential damages excluded. Furthermore, their liability to them is limited to 10% of the purchase price. The replacement of (defect) consequential damage, other property damage, financial loss and damage from third party claims against the customer is also excluded for entrepreneurs.
8.3 Point 8.1 does not apply to transactions with consumers within the meaning of the Austrian Consumer Protection Act.
9. Protection of minors
9.1 The delivery and delivery of wine and spirits can only be made to persons over the age of 18. By placing the order, the customer assures that he or the recipient of the goods is older than 18 years. In the event that the handover is justifiably refused, the customer is obliged to compensate for the damage actually incurred (e.g. delivery costs).
10. Customer data
10.1 The buyer agrees that the personal data about him stated in the purchase contract and disclosed during registration will be stored and processed in compliance with the provisions of the data protection law. To the extent necessary, this data is used to comply with legal regulations, to process payment transactions, customer care and marketing purposes. The customer also agrees to receive emails from Obsthof Retter for advertising purposes (for example, by email or SMS). This consent can be revoked at any time by email to firstname.lastname@example.org. In the context of customer care, the data from Obsthof Retter is not passed on to other companies.
11. Other provisions
11.1 If individual provisions of the contract or these general terms and conditions are invalid, this does not result in the invalidity of the entire contract or the entire general terms and conditions. The remaining content of the contract and the remaining general terms and conditions remain unchanged.
11.2 The place of performance for both Obsthof Retter and the buyer is the business address of Obsthof Retter.
11.3 The competent court in Graz is solely responsible for deciding all disputes arising in connection with the contractual relationship.
11.4 The contract is subject to Austrian law excluding the UN sales law.
11.5 Point 11.3 does not apply to transactions with consumers within the meaning of the Consumer Protection Act. Point 11.4 applies with the restriction that under the conditions of Art 6 of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of June 17, 2008 on the law applicable to contractual obligations ("Rome I") special consumer protection provisions the law of the state in which the consumer is habitually resident can take precedence over Austrian law.