General Terms & Conditions
General Terms & Conditions
Weingut Polz GmbH
Am Grassnitzberg 39, A-8472 Spielfeld
FN 526454y • ATU75429403
I. Scope of Application
Our general terms and conditions below (hereinafter referred to as “GTC”) apply to all sales contracts that we as the seller of goods (in particular wine and sparkling wine) conclude with our customers. General terms and conditions of our customers that deviate from these conditions do not become part of the contract. Our terms and conditions apply exclusively, unless they are modified or supplemented either by supplementary special terms and conditions for certain company areas or by express written individual agreements. These terms and conditions are also the basis for all future sales contracts between us and the respective customer.
II. Formation of the Purchase Agreement
All offers in sales brochures from Weingut Polz GmbH, on the Weingut Polz GmbH website (www.polz.co.at) and the like are made "without obligation". The customer's orders represent a binding offer. Weingut Polz GmbH is free to either accept offers to conclude sales contracts within 14 days of receipt of the offer or to reject them by sending a corresponding declaration to the customer.
The acceptance of the order takes place at our discretion within 14 days by sending an order confirmation by post / fax or email or directly by sending the ordered goods. Sending the goods is equivalent to keeping the goods ready in our sales outlets as agreed.
III. Purchase Price
In principle, the purchase price for the goods ordered is deemed to be agreed, which results from our current sales brochures, price lists or other documentation. These prices include VAT, but do not include shipping costs, customs duties, etc.
The invoice amount is due for payment immediately without deduction upon receipt. In the event of default in payment, 12% default interest is deemed to be agreed.
Weingut Polz GmbH reserves the right to increase the purchase prices for sales contracts with an agreed delivery time of more than three months in accordance with the cost increases that have occurred due to tax increases, exchange rate fluctuations or material price increases. If the increase is more than 5% of the agreed price, the customer has the right to withdraw from the goods that are affected by this price increase.
IV. Delivery Time
We generally fulfill our delivery obligations based on sales contracts that have been concluded within one month of the conclusion of the sales contract at the latest. If we are
unable to fulfill the contract - for example due to the unavailability of the goods - the customer will be notified of this immediately after taking notice.
V. Reservation of Title
Until the purchase price has been paid in full, Weingut Polz GmbH reserves ownership of the object of purchase. This also applies in the event that the delivered items are resold, changed, processed or mixed.
VI. Warranty and Damages
In accordance with the following provisions, Weingut Polz GmbH guarantees that the subject of the contract complies with the order upon delivery or collection and that it is suitable for normal use. The customer can only invoke warranty rights if he has immediately notified Weingut Polz GmbH in writing of the defects that have occurred. Verbal, telephone or not immediate notifications of defects and complaints will not be considered. In the event of a warranty claim in accordance with these provisions, Weingut Polz GmbH must primarily improve or replace the goods in accordance with general warranty provisions. The customer can only request a price reduction or conversion if the improvement or replacement is not possible, would be associated with a disproportionate effort for Weingut Polz GmbH or if Weingut Polz GmbH does not comply with the customer's request or does not comply within a reasonable period of time. The right to change is excluded if it is only a minor defect.
Claims for damages by the customer only exist if they are based on intent or gross negligence on the part of Weingut Polz GmbH.
VII. Special Provisions For Consumers / Right Of Withdrawal
Exclusively for our customers who are consumers within the meaning of the Consumer Protection Act ("KSchG"), its special provisions apply. A consumer within the meaning of the Consumer Protection Act is any natural person who acts for purposes that do not belong to their commercial, business or professional activities.
In particular, according to § 5e KSchG, consumers are entitled to withdraw from contracts concluded with us by way of distance selling (= contract conclusion by e-mail, fax, etc.) with a notice period of 7 working days (excluding Saturday), unless one of the exceptions of the right of withdrawal according to § 5f KSchG applies. For consumer customers from other EU countries, a statutory right of return of 14 days from receipt of the delivery is granted. It is sufficient if the declaration of withdrawal is sent within the deadline. In the case of contracts for the delivery of goods, the withdrawal period begins on the day they are received by the consumer.
In the event of withdrawal, a full or partial refund of the purchase price will only take place step by step against the return of the goods received from the customer. The costs of the return are at the expense of the customer. The goods must be returned in an unused, resalable condition and in the original packaging. For items that are affected by signs of use or whose packaging is damaged, a corresponding reduction in value will be deducted when the purchase price is reimbursed.
VIII. Special Provisions For Resellers
It is stated that for entrepreneurs within the meaning of the Corporate Code (“UGB”) only the provisions applicable to companies apply.
IX. Data Protection
Weingut Polz GmbH is entitled to save, transmit, revise and delete personal data of the customer in the course of business transactions. The customer is entitled to object to the use of his data at any time.
X.Contract Language, Applicable Law, Place Of Performance, Jurisdiction
The contract language is German. All sales contracts concluded by us are exclusively subject to Austrian law to the exclusion of national reference standards and the UN sales law. The place of performance and exclusive place of jurisdiction is A-8472 Spielfeld, provided there is no compulsory place of jurisdiction. In this case, if there is no compulsory place of jurisdiction, the competent court for the exercise of commercial jurisdiction is materially responsible.
XI. Final Provisions
Changes and additions to these General Terms and Conditions as well as all contracts concluded on the basis of them can only be made in writing. This also applies to the departure from the requirement of
written form. Should individual provisions of these terms and conditions contradict mandatory statutory provisions, the remaining provisions of these terms and conditions will nevertheless remain valid.