Terms and conditions

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Validity

Unless expressly agreed otherwise, our General TERMS AND CONDITIONS OF SALE apply exclusively. General terms and conditions of sale or similar documents of our contractual partner shall not be part of the contract, not even subsidiary. These General TERMS AND CONDITIONS OF SALE may be amended by us at any time and shall apply in the version valid at the time of the customer’s order. By placing an order, the customer agrees to these General TERMS AND CONDITIONS OF SALE.

Offer

Our offers are non-binding. We expressly reserve the right to make changes at any time. Customer’s orders are only valid as an offer to conclude a contract. We are entitled to refuse an order without giving a reason. We accept orders from Monday to Friday from 9:00 am to 5:00 pm. If orders are received outside these times, they will be deemed to have been received only at the beginning of the next working day.

Price

If no justified objection is raised in writing against our invoice within 2 weeks, it shall be deemed to have been approved. Unless expressly stated otherwise, all prices quoted by us are exclusive of transport costs and applicable VAT and/or other taxes. In case of invoicing, the statutory VAT will be added to these prices.
Deliveries outside Austria may be subject to additional duties and/or taxes (including any import or export duties and any excise duties which may lead to a modification in the gross prices offered) which shall be borne by the buyer.

Terms of payment

The purchase price is due upon conclusion of the contract, at the latest on delivery, without deductions. The payment is only deemed to have been made on time if the amount is received or credited to our account by the due date. If the buyer fails to make even a partial payment within the payment period arranged for a possible discount deduction, they shall lose their cash discount claim not only with respect to this partial payment, but also with regard to all payments already made or to be made later. When paying with vouchers, no credit note can be issued for remaining amounts. The redemption period for vouchers depends on the specified date.

Default interest

Even in the event of default in payment through no fault of the buyer, we shall be entitled to charge default interest in the amount of 10% above the base interest rate per annum; this shall not affect claims for compensation for proven higher interest, damages etc.

Transport – Risk assumption

In the absence of an express arrangement to the contrary, the costs and the risk of transport for deliveries shall be borne by the buyer. If the goods are picked up by the buyer, use and risk are transferred to the buyer upon handover. A collection by the buyer takes place exclusively after previous telephone arrangement and only at BIOWEINGUT Lenikus, 1190 Vienna, Cobenzlgasse 2. In the event of non-acceptance of ordered goods, we shall be entitled to demand compensation for the additional expenses incurred as a result.

Retention of ownership

The goods remain our property until full payment of the purchase price as well as all costs and expenses. A resale shall only be permissible if we have been notified thereof in good time in advance, stating the name or company name and the exact business address of the buyer, and we have agreed to the resale. In the event of our consent, the purchase price claim shall be deemed to be assigned to us and we shall be entitled at any time to notify the third-party debtor of this assignment. In the event of a plurality of claims on our part, payments made by the debtor shall be primarily attributed to those of our claims which are not (no longer) secured by a reservation of ownership or other securities.
In the case of even a partial delay in payment, the buyer hereby agrees that we can collect the goods at their expense at any time.
In case of delay, we shall be entitled to assert our rights under the reservation of ownership. It is arranged that the assertion of the retention of ownership does not constitute a withdrawal from the contract, unless we expressly declare the withdrawal from the contract.

Place of fulfilment

Place of fulfilment is 1190 Vienna, Cobenzlgasse 2, both for our performance and the consideration.

Non-performance/delay in delivery and performance/default of acceptance

The buyer must accept slight delays in delivery or delays in delivery for which we are not at fault without any claim for damages or right of withdrawal. Customary, minor or technical deviations in quality, quantity, etc. shall not constitute warranty defects or non-performance of the contract. If our contractual partner is in default of acceptance, we are entitled either to store the goods with us, for which we charge a reasonable storage fee per commenced calendar day and at the same time insist on the performance of contract, or to withdraw from the contract after setting a reasonable period of grace and use the goods elsewhere. In addition, we are entitled to demand compensation for all expenses incurred by us as a result, e.g. transport costs.

Unilateral performance changes

Minor changes to our performance or delivery obligations may be made by us. This applies in particular to delivery delays.

Warranty/damages/liability

The conversion by the buyer is excluded by mutual agreement. We reserve the right to fulfil the warranty claim of our discretion through improvement, replacement or price reduction. The transferee must always prove that the defect was already present at the time of transfer. The goods must be inspected immediately after delivery, broken bottles must be confirmed by the carrier. Any defects discovered must also be notified to the seller immediately, but no later than within 2 days of delivery, stating the nature and extent of the defect. Hidden defects must be reported immediately after their discovery. If a complaint is not filed, or is not collected in time, the good is deemed to be approved. The assertion of warranties or claims for damages as well as the right to challenge claims for defects are excluded in these cases. The warranty period is 3 months from the date of acceptance of the goods by the buyer. We are not liable for the taste, colour, material or other characteristics of the goods. Commitments, such as usability or special features are always non-binding and do not constitute an express warranty of certain characteristics. After tasting, consumption or begun processing of the goods, any warranty is excluded. After acceptance of the goods, glass breakage in particular shall not constitute a reason for asserting warranty claims.
All claims against us, for whatever legal reason, must be made in writing within 2 weeks after the facts giving rise to the claim, otherwise they shall expire. Any claims against us shall expire in any case 3 months after the performance of our service or delivery. Our liability for slight and gross negligence, loss of profit as well as for consequential damages and financial losses shall be excluded by mutual agreement. Any recourse claims directed against us by contractual partners or third parties under the title “Product Liability” as defined by PHG are excluded. All claims against us are in any case limited by the invoice value of the goods defective and delivered by us.

Offsetting

An offsetting against our claims with counter-claims, of whatever kind, is excluded.

Prohibitions to refuse performance and prohibitions to withhold payment

Justified complaints do not entitle the customer to withhold the entire invoice amount, but only a reasonable part of it.

Protection of minors

Alcoholic beverages are only delivered to persons over the age of 18. By placing the order, the customer assures that they or the recipient of the goods are over the age of 18. To comply with the statutory provisions, we are entitled to deliver the goods only after having been legitimised by an official photo ID. In the case of legitimate refusal of delivery, the customer is obliged to compensate for the damage actually caused.

Data processing and customer data

Bioweingut Lenikus processes the necessary personal data for the purpose of performance of contract. The detailed data protection information (data protection notice) pursuant to Art 13 et seq. GDPR can be found on our homepage at: https://bioweingutlenikus.at/en/privacy-policy/.

The customer agrees that their data, obtained from the business relationship, can be automatically stored, processed and transmitted to the companies or persons involved in the business transaction by the Bioweingut Lenikus.

Customers who have a user account have the right to free information, rectification, blocking and erasure of their stored data at any time. You may contact us about this matter in writing at the e-mail address office@bioweingutlenikus.at or by telephone at +43 1 516 31 516, as well as by post at the address indicated in the imprint. This right is only limited insofar as we can suspend the erasure to protect our claims.

Otherwise, the data will be treated confidentially in accordance with the Data Protection Act and, where possible, protected against unauthorised access.
Fundamentally, using the web pages of Bioweingut Lenikus is possible without any indication of personal data. When websites are accessed, a series of general data and information are collected by default, such as the date and time of access or IP address, which are then stored in the log files of the server.

However, if special services are used by Bioweingut Lenikus, a processing of personal data may become necessary. If the processing of personal data is required and there is no legal or contractual basis for such processing, the consent of the data subject is generally sought for.

The data entered by the user within the scope of registration on all websites or in forms of Bioweingut Lenikus will be used for the purposes of the use of the offer. The Bioweingut Lenikus stores on the websites with registration function or in forms the personal data provided with consent during registration as a personal profile, so that upon future visits to the respective Bioweingut Lenikus website the user can be logged in with username and password.

Upon the registration on the websites using the registration feature or by means of forms, the customer agrees to the use of the personal data provided by them, such as name, address, e-mail address, telephone number, bank data for the proper performance of contract, for billing and for advertising purposes. Customer-related data is stored and processed for customer care purposes and is only passed on to third parties if this is necessary for the performance of contract.

The Bioweingut Lenikus also sends by email administrative notifications, which are part of the use of the respective product. Service messages inform about important changes regarding the subscribed product. Unsubscribing from these e-mail notifications is only possible if the contractual relationship regarding the use of the product has been terminated.

Categories of data: Order data, customer data, contact details, bank data, user data
Purpose: Registration function, user account, account management, offsetting
Legal basis: Performance of contract, legitimate interest, consent, legal obligation

Data storage
Bioweingut Lenikus processes personal data, as far as necessary, for the duration of the business relationship (initiation, processing and termination of a contract) as well as beyond that according to the legal duties of storage and documentation, which result among other things from the Austrian Commercial Code (Unternehmensgesetzbuch – UGB), or for the assertion, exercise or defence of legal claims.

In addition, the storage period is also assessed according to the statutory limitation periods, which, for example, according to the General Civil Code (Allgemeines Bürgerliches Gesetzbuch – ABGB) can generally be 30 years, but in certain cases only 3 years.
Personal data will therefore be deleted after complete execution of the contract, revocation of consent or objection, as long as the storage is not required to fulfil a legal obligation or for the assertion, exercise or defence of legal claims.

Rights of the data subject
In principle, the data subject has the right to information, rectification, erasure, restriction, data portability and objection.

Right to information: The data subject may request confirmation from Bioweingut Lenikus as to whether they are processing the personal data in question. If this is the case, the data subject has the right to information concerning these personal data and the information referred to in Art. 15 para. 1 GDPR (such as processing purposes, the categories of personal data).

Right to rectification: The data subject has the right to ask Bioweingut Lenikus for rectification of their incorrect personal data.

Right to erasure: The data subject has the right to erasure of their personal data, for example

  • in the case when such data are no longer necessary in relation to the purposes for which they were collected or otherwise processed, or
  • if they are processed unlawfully, or
  • in the case of processing based on a consent declaration, if the data subject revokes their consent.

However, the right to erasure does not apply if the exceptions listed in Art. 17 para. 3 GDPR are applicable, for example if the processing is necessary to fulfil a legal obligation under EU law or Austrian law (e.g. statutory storage obligations) or for the assertion, exercise or defence of legal claims.

Restriction of processing: The data subject has the right to restriction of processing, if

  • the accuracy of the personal data is contested by them, for a period enabling Bioweingut Lenikus to verify the accuracy of the personal data,
  • the processing is unlawful and there is a refusal to the erasure of the personal data and instead there is a request for the restriction of the use of the personal data;
  • Bioweingut Lenikus no longer needs the personal data for the purposes of the processing, but the data subject requires these data for the establishment, exercise or defence of legal claims, or
  • the data subject has objected to processing pursuant to Art. 21 para. 1 GDPR (see below), as long as it is not yet clear whether the legitimate reasons of Bioweingut Lenikus outweigh the legitimate reasons of the data subject.

Right to object: Pursuant to Art. 21 para. 2 GDPR, the data subject has the right to object to the processing of personal data if the processing of personal data

  • is carried out to safeguard the legitimate interests of Bioweingut Lenikus. The data processing by Bioweingut Lenikus is omitted, if there is an overriding protection interest of the data subject.
  • is carried out for the purpose of direct marketing. This can be contradicted at any time without giving reasons.
  • is carried out by means of automated decision-making (profiling). Then you can object at any time without giving reasons.

Right to data portability: A data subject has the right to have the data provided to Bioweingut Lenikus in a structured, common and machine-readable format, provided that Bioweingut Lenikus processes such data on the basis of a given and revocable consent or in order to fulfil a contract with Bioweingut Lenikus, and such processing is carried out using automated procedures. The data subject has the right to communicate this data to another data controller. If technically feasible, it also has the right to direct transmission from one data controller to another.

If the data subject thinks that the processing of their data violates the data protection laws or their data protection claims have been violated in another way, they may also file a complaint with the supervisory authority.

Copyright

It is expressly pointed out that all retrieved data and services are protected by copyright. The user is thus not entitled to use the retrieved services, except for their own purposes within the meaning of Section 42 of the Austrian Copyright Act (Urheberrechtsgesetz – UrhG) and is not entitled in particular – without the prior consent of Bioweingut Lenikus – to reproduce them in whole or in part or distribute them further.

Right of withdrawal

Entrepreneurs have no right of withdrawal. For consumers within the meaning of the Consumer Protection Act who have placed an order by means of distance selling, the following applies: The buyer has the right to cancel the contract within fourteen days without stating a reason. The withdrawal period shall be fourteen days from the date on which the buyer or a third party other than the carrier designated by the buyer has taken possession of the goods. In the case of a contract of sale for several goods, the withdrawal period shall commence as soon as the buyer or a third party designated by the buyer other than the carrier has taken possession of the last partial shipment, the last goods or the last piece. In order to exercise this right of withdrawal, the buyer must inform us, BIOWEINGUT Lenikus GmbH, A-1190 Vienna, Cobenzlgasse 2, Tel: +43 13203590, e-mail: office@bioweingutlenikus.at, by means of a clear statement (e.g. a letter sent by post, fax or e-mail) about their decision to withdraw from the contract. The buyer may use the following sample withdrawal form for this purpose, which is, however, not mandatory:

“To
BIOWEINGUT Lenikus GmbH
Cobenzlgasse 2
A-1190 Wien
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*):
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
Ordered on (*)/received on (*)
Name(s) of the consumer(s)
Address(es) of the consumer(s)
____________________________
Signature of the consumer(s) (only when notified on paper)
Date _______________
(*) Delete as appropriate.”
In order to comply with the withdrawal period, it is sufficient for the buyer to send notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the withdrawal

If the buyer withdraws from this contract, we shall reimburse them immediately and, at the latest, within fourteen days from the date of receipt of the withdrawal notification, for all payments we have received from them, including delivery costs (except for additional costs arising from the buyer having chosen a different type of delivery than the cheapest standard delivery offered by us). For this repayment, we use the same means of payment that the buyer used in the original transaction, unless expressly otherwise agreed with the buyer; in no case shall any fees be charged to the buyer for this repayment. We may refuse repayment until we have received the goods back or until the buyer has provided evidence that they have returned the goods, whichever occurs earlier. The buyer must return the goods immediately and in any case no later than fourteen days from the date on which they inform us of the cancellation of this contract to our address BIOWEINGUT Lenikus GmbH, 1190 Vienna, Cobenzlgasse 2. The deadline shall be deemed to have been observed if the buyer sends the goods before the expiry of the period of fourteen days. The buyer bears the direct costs of returning the goods. The buyer shall only compensate for a possible loss in value of the goods, if this loss in value is due to a handling of the goods which is not necessary for testing their condition, properties and functionality. Since the goods offered are beverages, only unopened and undamaged beverage bottles can be taken back for health and hygiene reasons.

Choice of law and jurisdiction

Austrian substantive law shall apply to this contract, the applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. The contractual language shall be German.
The competent court in 1010 Vienna shall have local jurisdiction to decide on all disputes arising from this contract. However, we also have the right to sue at the general place of jurisdiction of the contractual partner.

Formalities/legal ineffectiveness

All agreements, subsequent amendments, supplements, subsidiary agreements etc. must be in writing in order to be valid. These General TERMS AND CONDITIONS OF SALE shall apply to consumers insofar as they are not contradicted by mandatory deviating statutory provisions, in particular the Consumer Protection Act. Should any provision of these General TERMS AND CONDITIONS OF SALE or any other part of the contract become legally invalid for any reason whatsoever, all other provisions shall remain unaffected. The unlawful provision shall be replaced by one that comes closest to the economic purpose. This also applies to omissions.

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