General terms and conditions of business
General Terms and Conditions Karl Brindlmayer
I. SCOPE
Our following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all purchase contracts concluded by us as sellers of goods (in particular wine and Sparkling wine) with our customers. Terms and conditions of our customers, which are Conditions that deviate from these terms and conditions will not become part of the contract. Our terms and conditions apply exclusively to the extent they are not expressly modified or supplemented by mutual consent. These Terms and Conditions also form the basis for all future purchase contracts between us and the respective customer.
II. CONCLUSION OF THE PURCHASE CONTRACT
All offers in sales brochures, price lists and other printed materials of Weingut Karl Brindlmayer GesbR, on the website (www.brindlmayer.at) and the like are made "without obligation." Customer orders constitute a binding offer. Karl Brindlmayer GesbR is free to accept offers for the conclusion of purchase contracts within 18 days from receipt of the offer or by sending a The order will be accepted after of our choice within 30 days by sending an order confirmation by means of By mail/fax or email or directly by sending the ordered goods. The goods are deemed to be available at our sales premises as agreed.
III. PURCHASE PRICE
In principle, the purchase price for the ordered goods is agreed upon, which results from our current sales brochures, price lists, or other documentation. These prices include VAT (unless otherwise stated), but exclude shipping costs, customs duties, etc. The invoice amount is due immediately upon receipt without deduction. In the event of late payment, 12% default interest shall be charged. Weingut Karl Brindlmayer GesbR reserves the right to cancel purchase contracts with an agreed delivery time of more than three months, the purchase prices in accordance with the cost increases due to tax increases, exchange rate fluctuations or increases in material prices If the increase is more than 15% of the agreed price, the customer a right of withdrawal with regard to those goods affected by this price increase.
IV. DELIVERY TIME
We generally fulfill our delivery obligations based on concluded purchase contracts within 6 weeks of the conclusion of the purchase contract. If we – If we are unable to fulfil the contract – for example due to the unavailability of the goods – the customer will be informed of this immediately after becoming aware of it.
V. RESERVATION OF TITLE
Until the purchase price has been paid in full, Weingut Karl Brindlmayer GesbR The ownership of the purchased item is retained. This also applies in the event that the delivered Items are resold, modified, processed or mixed.
VI. LIMITATION OF LIABILITY
Weingut Karl Brindlmayer GesbR is not liable for damages that are not caused to the delivery item itself; in particular, Weingut Karl Brindlmayer GesbR is not liable for loss of profit or other financial losses of the customer. To the extent that the liability of Weingut Karl Brindlmayer GesbR is excluded or limited, this also applies to the Personal liability of employees, representatives, and vicarious agents. If Weingut Karl Brindlmayer GesbR negligently breaches a material contractual obligation, liability for property damage is limited to the damage typically incurred.
VII. WARRANTY AND COMPENSATION
Weingut Karl Brindlmayer GesbR provides, in accordance with the following provisions, Guarantee that the contractual item corresponds to the order upon delivery or collection and is suitable for normal use. The customer can only rely on warranty rights if he immediately informs Weingut Karl Brindlmayer GesbR of the defects that have occurred in writing. Verbal, telephone or late notification of defects and complaints will not be considered. In the event of a warranty claim under these The Weingut Karl Brindlmayer GesbR has, according to general The primary goal is to improve the warranty conditions or replace the goods.
Price reduction or conversion can only be demanded by the customer if improvement or exchange is not possible, for the Weingut Karl Brindlmayer GesbR with a would involve disproportionate effort or if the Weingut Karl Brindlmayer GesbR at the customer's request or not within a reasonable time Furthermore, Weingut Karl Brindlmayer GebR may then reduce the price or The customer is entitled to rescission if the repair or replacement would involve disproportionate expense. The right to rescission is excluded if the defect is merely minor. The customer's claims for damages only exist if they are based on intent or gross negligence on the part of Weingut Karl Brindlmayer GesbR.
VIII. SPECIAL PROVISIONS FOR CONSUMERS/CANCELLATION
If the customer is a consumer within the meaning of the Consumer Protection Act and the transaction is a distance sale, he can withdraw from the contract within 14 days without giving any reason. The withdrawal period is 14 days from the date of conclusion of the contract. To exercise the right of withdrawal, the customer must inform Weingut Karl Brindlmayer GesbR by means of a written declaration stating the name, address, telephone number and the decision to withdraw from the contract. The deadlines are met if the customer has notified the contract to withdraw before the expiry of the withdrawal period. If the customer withdraws from the contract, Weingut Karl Brindlmayer GesbR will refund all goods already received, including delivery costs (except for additional costs resulting from the customer choosing a different delivery method than the inexpensive standard delivery offered by Weingut Karl Brindlmayer GesbR). Weingut Karl Brindlmayer GesbR has chosen) immediately and at the latest within 14 days from the date on which the notification of the cancellation of the contract was received. For this repayment, Weingut Karl Brindlmayer GesbR will use the same means of payment that the customer used for the original transaction, unless something else was expressly agreed with the customer. Weingut Karl Brindlmayer GesbR may refuse repayment until it has received the goods back or until the customer has provided evidence of having returned the goods, whichever is earlier. The customer must return the goods immediately and in any event no later than 14 days from the date on which the notification of the cancellation of the contract was received. days from the day on which he notifies Weingut Karl Brindlmayer GesbR of the revocation of this The customer shall be responsible for the The customer shall bear the direct costs of returning the goods. Loss of value of the goods only if this loss of value is due to handling that is not necessary to check the quality, properties and functioning of the goods. is due to.
IX. DATA PROTECTION
On our website under the heading “Data Protection” you will find comprehensive information about our Privacy Policy explains what information we collect, why we collect it, and how we use it.
X. CONTRACT LANGUAGE, APPLICABLE LAW, PLACE OF PERFORMANCE, JURISDICTION
The contract language is German. All purchase contracts concluded by us are subject to exclusively Austrian law, excluding national conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.
Place of performance and exclusive jurisdiction is, unless there is a compulsory jurisdiction, A – 3100 St. Pölten. The competent court in this case, unless there is a compulsory place of jurisdiction, is the court competent for the exercise of commercial jurisdiction.
XI. FINAL PROVISIONS
Amendments and additions to these General Terms and Conditions, as well as all contracts concluded on their basis, may only be made in writing. This also applies to any waiver of the written requirement. Should individual provisions of these General Terms and Conditions conflict with mandatory legal provisions, the remaining provisions of these General Terms and Conditions shall remain valid.
Our following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all purchase contracts concluded by us as sellers of goods (in particular wine and Sparkling wine) with our customers. Terms and conditions of our customers, which are Conditions that deviate from these terms and conditions will not become part of the contract. Our terms and conditions apply exclusively to the extent they are not expressly modified or supplemented by mutual consent. These Terms and Conditions also form the basis for all future purchase contracts between us and the respective customer.
II. CONCLUSION OF THE PURCHASE CONTRACT
All offers in sales brochures, price lists and other printed materials of Weingut Karl Brindlmayer GesbR, on the website (www.brindlmayer.at) and the like are made "without obligation." Customer orders constitute a binding offer. Karl Brindlmayer GesbR is free to accept offers for the conclusion of purchase contracts within 18 days from receipt of the offer or by sending a The order will be accepted after of our choice within 30 days by sending an order confirmation by means of By mail/fax or email or directly by sending the ordered goods. The goods are deemed to be available at our sales premises as agreed.
III. PURCHASE PRICE
In principle, the purchase price for the ordered goods is agreed upon, which results from our current sales brochures, price lists, or other documentation. These prices include VAT (unless otherwise stated), but exclude shipping costs, customs duties, etc. The invoice amount is due immediately upon receipt without deduction. In the event of late payment, 12% default interest shall be charged. Weingut Karl Brindlmayer GesbR reserves the right to cancel purchase contracts with an agreed delivery time of more than three months, the purchase prices in accordance with the cost increases due to tax increases, exchange rate fluctuations or increases in material prices If the increase is more than 15% of the agreed price, the customer a right of withdrawal with regard to those goods affected by this price increase.
IV. DELIVERY TIME
We generally fulfill our delivery obligations based on concluded purchase contracts within 6 weeks of the conclusion of the purchase contract. If we – If we are unable to fulfil the contract – for example due to the unavailability of the goods – the customer will be informed of this immediately after becoming aware of it.
V. RESERVATION OF TITLE
Until the purchase price has been paid in full, Weingut Karl Brindlmayer GesbR The ownership of the purchased item is retained. This also applies in the event that the delivered Items are resold, modified, processed or mixed.
VI. LIMITATION OF LIABILITY
Weingut Karl Brindlmayer GesbR is not liable for damages that are not caused to the delivery item itself; in particular, Weingut Karl Brindlmayer GesbR is not liable for loss of profit or other financial losses of the customer. To the extent that the liability of Weingut Karl Brindlmayer GesbR is excluded or limited, this also applies to the Personal liability of employees, representatives, and vicarious agents. If Weingut Karl Brindlmayer GesbR negligently breaches a material contractual obligation, liability for property damage is limited to the damage typically incurred.
VII. WARRANTY AND COMPENSATION
Weingut Karl Brindlmayer GesbR provides, in accordance with the following provisions, Guarantee that the contractual item corresponds to the order upon delivery or collection and is suitable for normal use. The customer can only rely on warranty rights if he immediately informs Weingut Karl Brindlmayer GesbR of the defects that have occurred in writing. Verbal, telephone or late notification of defects and complaints will not be considered. In the event of a warranty claim under these The Weingut Karl Brindlmayer GesbR has, according to general The primary goal is to improve the warranty conditions or replace the goods.
Price reduction or conversion can only be demanded by the customer if improvement or exchange is not possible, for the Weingut Karl Brindlmayer GesbR with a would involve disproportionate effort or if the Weingut Karl Brindlmayer GesbR at the customer's request or not within a reasonable time Furthermore, Weingut Karl Brindlmayer GebR may then reduce the price or The customer is entitled to rescission if the repair or replacement would involve disproportionate expense. The right to rescission is excluded if the defect is merely minor. The customer's claims for damages only exist if they are based on intent or gross negligence on the part of Weingut Karl Brindlmayer GesbR.
VIII. SPECIAL PROVISIONS FOR CONSUMERS/CANCELLATION
If the customer is a consumer within the meaning of the Consumer Protection Act and the transaction is a distance sale, he can withdraw from the contract within 14 days without giving any reason. The withdrawal period is 14 days from the date of conclusion of the contract. To exercise the right of withdrawal, the customer must inform Weingut Karl Brindlmayer GesbR by means of a written declaration stating the name, address, telephone number and the decision to withdraw from the contract. The deadlines are met if the customer has notified the contract to withdraw before the expiry of the withdrawal period. If the customer withdraws from the contract, Weingut Karl Brindlmayer GesbR will refund all goods already received, including delivery costs (except for additional costs resulting from the customer choosing a different delivery method than the inexpensive standard delivery offered by Weingut Karl Brindlmayer GesbR). Weingut Karl Brindlmayer GesbR has chosen) immediately and at the latest within 14 days from the date on which the notification of the cancellation of the contract was received. For this repayment, Weingut Karl Brindlmayer GesbR will use the same means of payment that the customer used for the original transaction, unless something else was expressly agreed with the customer. Weingut Karl Brindlmayer GesbR may refuse repayment until it has received the goods back or until the customer has provided evidence of having returned the goods, whichever is earlier. The customer must return the goods immediately and in any event no later than 14 days from the date on which the notification of the cancellation of the contract was received. days from the day on which he notifies Weingut Karl Brindlmayer GesbR of the revocation of this The customer shall be responsible for the The customer shall bear the direct costs of returning the goods. Loss of value of the goods only if this loss of value is due to handling that is not necessary to check the quality, properties and functioning of the goods. is due to.
IX. DATA PROTECTION
On our website under the heading “Data Protection” you will find comprehensive information about our Privacy Policy explains what information we collect, why we collect it, and how we use it.
X. CONTRACT LANGUAGE, APPLICABLE LAW, PLACE OF PERFORMANCE, JURISDICTION
The contract language is German. All purchase contracts concluded by us are subject to exclusively Austrian law, excluding national conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.
Place of performance and exclusive jurisdiction is, unless there is a compulsory jurisdiction, A – 3100 St. Pölten. The competent court in this case, unless there is a compulsory place of jurisdiction, is the court competent for the exercise of commercial jurisdiction.
XI. FINAL PROVISIONS
Amendments and additions to these General Terms and Conditions, as well as all contracts concluded on their basis, may only be made in writing. This also applies to any waiver of the written requirement. Should individual provisions of these General Terms and Conditions conflict with mandatory legal provisions, the remaining provisions of these General Terms and Conditions shall remain valid.
General Terms and Conditions by Karl
I. SCOPE
Our following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all purchase contracts concluded by us as sellers of goods (in particular wine and Sparkling wine) with our customers. Terms and conditions of our customers, which are Conditions that deviate from these terms and conditions will not become part of the contract. Our terms and conditions apply exclusively to the extent they are not expressly modified or supplemented by mutual consent. These Terms and Conditions also form the basis for all future purchase contracts between us and the respective customer.
II. CONCLUSION OF THE PURCHASE CONTRACT
All offers in sales brochures, price lists and other printed materials of bykarl gmbh, on the website (www.bykarl.at) and the like are made without obligation. Orders from the customer constitute a binding offer. bykarl gmbh is free to Offers to conclude purchase contracts within 18 days of receipt of the offer either accept or by sending a corresponding declaration to the customer Acceptance of the order will take place at our discretion within 30 days by sending an order confirmation by mail/fax or email or directly by sending the ordered goods. The dispatch of the goods is subject to the agreed The goods will be available at our sales outlets immediately.
III. PURCHASE PRICE
In principle, the purchase price for the ordered goods is agreed upon, which results from our current sales brochures, price lists or other documentation. These prices include VAT (unless otherwise stated), but exclude shipping costs, customs duties, etc. The invoice amount is due immediately upon receipt without deduction. In the event of late payment, 12% default interest shall be charged. Bykarl GmbH reserves the right to withdraw from the contract for purchase agreements with an agreed delivery time of more than three months. Purchase prices may be increased in line with cost increases due to tax increases, exchange rate fluctuations, or material price increases. If the increase exceeds 15% of the agreed price, the customer has the right to withdraw from the contract with respect to those goods affected by this price increase.
IV. DELIVERY TIME
We generally fulfill our delivery obligations based on concluded purchase contracts within 6 weeks of the conclusion of the purchase contract. If we are unable to fulfill the contract – for example, due to the unavailability of the goods – this will communicated to the customer immediately after becoming aware of it.
V. RESERVATION OF TITLE
Until the purchase price has been paid in full, bykarl gmbh retains ownership of the This also applies in the event that the delivered items resold, modified, processed or mixed.
VI. LIMITATION OF LIABILITY
bykarl gmbh is not liable for damages that did not occur to the delivered item itself; In particular, bykarl gmbh is not liable for lost profits or other Financial losses of the customer. To the extent that the liability of bykarl gmbh is excluded or limited, this also applies to the personal liability of employees, representatives and Vicarious agents. If bykarl gmbh negligently breaches a material contractual obligation, liability for property damage is limited to the typically incurred damage.
VII. WARRANTY AND COMPENSATION
Bykarl GmbH guarantees, in accordance with the following provisions, that the contractual item corresponds to the order upon delivery or collection and is suitable for normal use. The customer can only rely on warranty rights if he immediately notifies bykarl gmbh in writing of the defects that have occurred Verbal, telephone or late notification of defects and Complaints will not be considered. In the event of a warranty claim under these According to general warranty provisions, bykarl gmbh is primarily obliged to repair or replace the goods.
Price reduction or conversion can only be demanded by the customer if improvement or exchange is not possible, for bykarl gmbh with disproportionate effort or if bykarl gmbh does not comply with the customer’s request or does not comply with it bykarl gmbh may also offer a price reduction or a replacement if the improvement or replacement would involve disproportionate expenditure. The right to a replacement is excluded if the defect is only minor. The customer's claims for damages only exist if these are based on intent or gross negligence on the part of bykarl gmbh.
VIII. SPECIAL PROVISIONS FOR CONSUMERS/CANCELLATION
If the customer is a consumer within the meaning of the Consumer Protection Act and the transaction is a distance sale, he can withdraw from the contract within 14 days without giving any reason. The withdrawal period is 14 days from the date of conclusion of the contract. To exercise the right of withdrawal, the customer must inform bykarl gmbh by means of a written declaration stating the name, Address, telephone number and the decision to withdraw from the contract. The deadlines are met if the customer notifies the cancellation of the contract before the expiry of the cancellation period. If the customer cancels the contract, bykarl gmbh has all already received including delivery costs (except for additional costs that arise from the fact that the customer chooses a different type of delivery than bykarl gmbh offered, inexpensive standard delivery) promptly and at the latest within 14 days from the date on which the notification of the cancellation of the contract was received by bykarl gmbh. For this refund, bykarl gmbh will use the same means of payment that the customer used for the original transaction, unless something else was expressly agreed with the customer. bykarl gmbh may refuse to refund until it has received the goods back or until the customer has provided evidence that he has returned the goods, whichever is earlier. The customer must return or hand over the goods to bykarl gmbh promptly and in any event no later than 14 days from the date on which he notifies bykarl gmbh of the cancellation of this contract. The customer shall bear the direct costs of Return of the goods. The customer is only liable for any loss of value of the goods if this loss in value is due to an inspection of the condition, properties and functioning of the goods is due to handling that is not necessary.
IX. DATA PROTECTION
On our website under the heading “Data Protection” you will find comprehensive information about our Privacy Policy explains what information we collect, why we collect it, and how we use it.
X. CONTRACT LANGUAGE, APPLICABLE LAW, PLACE OF PERFORMANCE, JURISDICTION
The contract language is German. All purchase contracts concluded by us are subject to exclusively Austrian law, excluding national conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.
Place of performance and exclusive jurisdiction is, unless there is a compulsory jurisdiction, A – 3100 St. Pölten. Subject-matter jurisdiction in this case, unless compulsory jurisdiction exists, is the the court competent for the exercise of commercial jurisdiction.
XI. FINAL PROVISIONS
Amendments and additions to these General Terms and Conditions, as well as all contracts concluded on their basis, may only be made in writing. This also applies to any waiver of the written requirement. Should individual provisions of these General Terms and Conditions contradict mandatory legal provisions, the remaining provisions of these General Terms and Conditions shall remain in effect. nevertheless their validity.
Our following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all purchase contracts concluded by us as sellers of goods (in particular wine and Sparkling wine) with our customers. Terms and conditions of our customers, which are Conditions that deviate from these terms and conditions will not become part of the contract. Our terms and conditions apply exclusively to the extent they are not expressly modified or supplemented by mutual consent. These Terms and Conditions also form the basis for all future purchase contracts between us and the respective customer.
II. CONCLUSION OF THE PURCHASE CONTRACT
All offers in sales brochures, price lists and other printed materials of bykarl gmbh, on the website (www.bykarl.at) and the like are made without obligation. Orders from the customer constitute a binding offer. bykarl gmbh is free to Offers to conclude purchase contracts within 18 days of receipt of the offer either accept or by sending a corresponding declaration to the customer Acceptance of the order will take place at our discretion within 30 days by sending an order confirmation by mail/fax or email or directly by sending the ordered goods. The dispatch of the goods is subject to the agreed The goods will be available at our sales outlets immediately.
III. PURCHASE PRICE
In principle, the purchase price for the ordered goods is agreed upon, which results from our current sales brochures, price lists or other documentation. These prices include VAT (unless otherwise stated), but exclude shipping costs, customs duties, etc. The invoice amount is due immediately upon receipt without deduction. In the event of late payment, 12% default interest shall be charged. Bykarl GmbH reserves the right to withdraw from the contract for purchase agreements with an agreed delivery time of more than three months. Purchase prices may be increased in line with cost increases due to tax increases, exchange rate fluctuations, or material price increases. If the increase exceeds 15% of the agreed price, the customer has the right to withdraw from the contract with respect to those goods affected by this price increase.
IV. DELIVERY TIME
We generally fulfill our delivery obligations based on concluded purchase contracts within 6 weeks of the conclusion of the purchase contract. If we are unable to fulfill the contract – for example, due to the unavailability of the goods – this will communicated to the customer immediately after becoming aware of it.
V. RESERVATION OF TITLE
Until the purchase price has been paid in full, bykarl gmbh retains ownership of the This also applies in the event that the delivered items resold, modified, processed or mixed.
VI. LIMITATION OF LIABILITY
bykarl gmbh is not liable for damages that did not occur to the delivered item itself; In particular, bykarl gmbh is not liable for lost profits or other Financial losses of the customer. To the extent that the liability of bykarl gmbh is excluded or limited, this also applies to the personal liability of employees, representatives and Vicarious agents. If bykarl gmbh negligently breaches a material contractual obligation, liability for property damage is limited to the typically incurred damage.
VII. WARRANTY AND COMPENSATION
Bykarl GmbH guarantees, in accordance with the following provisions, that the contractual item corresponds to the order upon delivery or collection and is suitable for normal use. The customer can only rely on warranty rights if he immediately notifies bykarl gmbh in writing of the defects that have occurred Verbal, telephone or late notification of defects and Complaints will not be considered. In the event of a warranty claim under these According to general warranty provisions, bykarl gmbh is primarily obliged to repair or replace the goods.
Price reduction or conversion can only be demanded by the customer if improvement or exchange is not possible, for bykarl gmbh with disproportionate effort or if bykarl gmbh does not comply with the customer’s request or does not comply with it bykarl gmbh may also offer a price reduction or a replacement if the improvement or replacement would involve disproportionate expenditure. The right to a replacement is excluded if the defect is only minor. The customer's claims for damages only exist if these are based on intent or gross negligence on the part of bykarl gmbh.
VIII. SPECIAL PROVISIONS FOR CONSUMERS/CANCELLATION
If the customer is a consumer within the meaning of the Consumer Protection Act and the transaction is a distance sale, he can withdraw from the contract within 14 days without giving any reason. The withdrawal period is 14 days from the date of conclusion of the contract. To exercise the right of withdrawal, the customer must inform bykarl gmbh by means of a written declaration stating the name, Address, telephone number and the decision to withdraw from the contract. The deadlines are met if the customer notifies the cancellation of the contract before the expiry of the cancellation period. If the customer cancels the contract, bykarl gmbh has all already received including delivery costs (except for additional costs that arise from the fact that the customer chooses a different type of delivery than bykarl gmbh offered, inexpensive standard delivery) promptly and at the latest within 14 days from the date on which the notification of the cancellation of the contract was received by bykarl gmbh. For this refund, bykarl gmbh will use the same means of payment that the customer used for the original transaction, unless something else was expressly agreed with the customer. bykarl gmbh may refuse to refund until it has received the goods back or until the customer has provided evidence that he has returned the goods, whichever is earlier. The customer must return or hand over the goods to bykarl gmbh promptly and in any event no later than 14 days from the date on which he notifies bykarl gmbh of the cancellation of this contract. The customer shall bear the direct costs of Return of the goods. The customer is only liable for any loss of value of the goods if this loss in value is due to an inspection of the condition, properties and functioning of the goods is due to handling that is not necessary.
IX. DATA PROTECTION
On our website under the heading “Data Protection” you will find comprehensive information about our Privacy Policy explains what information we collect, why we collect it, and how we use it.
X. CONTRACT LANGUAGE, APPLICABLE LAW, PLACE OF PERFORMANCE, JURISDICTION
The contract language is German. All purchase contracts concluded by us are subject to exclusively Austrian law, excluding national conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.
Place of performance and exclusive jurisdiction is, unless there is a compulsory jurisdiction, A – 3100 St. Pölten. Subject-matter jurisdiction in this case, unless compulsory jurisdiction exists, is the the court competent for the exercise of commercial jurisdiction.
XI. FINAL PROVISIONS
Amendments and additions to these General Terms and Conditions, as well as all contracts concluded on their basis, may only be made in writing. This also applies to any waiver of the written requirement. Should individual provisions of these General Terms and Conditions contradict mandatory legal provisions, the remaining provisions of these General Terms and Conditions shall remain in effect. nevertheless their validity.
