Terms of Service
- SCOPE OF APPLICATION
1.1 These general terms and conditions apply to the sale and delivery of goods by Michlits Werner Gesellschaft m.b.H. (MICHLITS WERNER GMBH) with the company headquarters and business address in 7152 Pamhagen, Hauptstraße 86.
1.2 Deviating conditions of the buyer are only valid if Michlits Werner GmbH agrees to them in writing and manufactured in accordance with the company.
1.3 By placing an order, the buyer agrees to these general terms and conditions and is bound by them.
2.1 The prices apply ex warehouse of Michlits Werner GmbH without deduction. Unless otherwise and expressly indicated by MICHLITS WERNER GMBH, all expenses incurred through shipping, including any import or export duties, are borne by the buyer. The shipment is usually in units of 6 and is calculated on this number of bottles. From a gross goods value of currently 100 euros for consumers within Austria and 200 euros within Germany, MICHLITS WERNER GMBH pays for the delivery costs. For all other countries, the actual delivery costs will be invoiced. The stated amounts can be unilaterally changed by MICHLITS WERNER GMBH for future contracts at any time.
2.2 The prices stated in catalogs, brochures, price lists, etc. are always subject to change unless expressly stated otherwise in individual cases. The prices are non-binding for reorders.
2.3 The prices are based on the costs at the time of the initial price offer. Should the costs change by the time of delivery, MICHLITS WERNER GMBH is entitled to adjust the prices accordingly.
3.1 Unless otherwise agreed, the purchase price is due for payment by credit card, PayPal or prepayment without any deductions.
3.2 MICHLITS WERNER GMBH retains ownership of all goods until full payment of the purchase price including ancillary fees.
3.3 If the buyer is in default of payment or other performance, MICHLITS WERNER GMBH can:
– postpone the fulfillment of their own obligations until the arrears payments or other services have been effected, – claim an appropriate extension of the delivery period, – make the full or outstanding purchase price due immediately (loss of deadline); this also applies to the agreement of an installment payment with the consumer, provided that MICHLITS WERNER GMBH has already performed its services, at least one backward service by the consumer has been due for at least 6 weeks and that MICHLITS WERNER GMBH provides the consumer with the threat of missing the deadline and setting a grace period has issued a reminder of at least 2 weeks without success, – charge default interest of 6% above the base rate of the Oesterreichische Nationalbank, at least 10% per year, plus sales tax and – if a reasonable grace period is not observed, withdraw from the contract and – the buyer pays the reminder and collection costs incurred, insofar as they are necessary for appropriate legal prosecution, the buyer particularly undertakes to reimburse a maximum of the remuneration of the debt collection agency involved, which results from the regulation of the BMWA on the maximum rates of the debt collection agencies. In addition, any further damage, in particular damage that arises from the fact that MICHLITS WERNER GMBH incurs correspondingly higher interest on any credit costs as a result of non-payment, is to be reimbursed regardless of the fault in the delay in payment. 3.4 Granted discounts or bonuses are conditional upon receipt of full payment.
- TRANSFER OF RISK
4.1 If the buyer collects the goods himself, use and risk are transferred to the buyer at the latest when they are handed over at the cash desk.
4.2 If the goods are delivered by MICHLITS WERNER GMBH, they will be handed over at the point that can be reached by the tail lift or the crane of a truck and use and risk shall pass at the latest when the goods are handed over to the customer or his representative.
- RETURN OF THE GOODS
5.1 Until further notice, MICHLITS WERNER GMBH is ready to take back goods purchased from it against reimbursement of the full purchase price under the following conditions: The return must be made in the original packaging, undamaged and with the original invoice within 10 days of the invoice date. Marked special offers will only be withdrawn in the total amount purchased. The redemption takes place at the time of the original
Valid purchase price. The purchase price will be reimbursed in the form of a credit note.
5.2 If the buyer is a consumer within the meaning of the Consumer Protection Act and he has his order by post, telephone, fax, e-mail or via Internet online shop, he can withdraw from the purchase contract in writing or by returning the goods within seven days of delivery in accordance with §§ 5e – 5h KSchG and in deviation from point 5.1. The withdrawal does not require any justification, but only has to be sent in due time. The buyer will be reimbursed the purchase price already paid against the return of the goods, but has to bear the costs of the return.
- ORDERS, SUBSCRIPTIONS, DELIVERY PERIOD, DELIVERY OBSTACLES, WITHDRAWAL FROM THE CONTRACT
6.1 MICHLITS WERNER GMBH accepts orders by phone, fax or e-mail at the head office or one of the branches or via the Internet online shop from Monday to Friday between 8 a.m. and 4.30 p.m. The order times can be changed from time to time by MICHLITS WERNER GMBH in accordance with the information in advertising mailings or in the Internet online shop. If orders are received outside of the order times, these are only deemed to have been received at the beginning of the order time on the next working day. When placing an order, the customer must state a desired delivery date and an alternative date. The customer is obliged to ensure proper acceptance of the ordered goods on these dates.
6.2 Delivery is carried out by MICHLITS WERNER GMBH or an authorized freight forwarder at normal business times. In the event that the goods ordered are not accepted, MICHLITS WERNER GMBH is entitled to reimburse the additional expenses incurred, such as. Transport costs. This does not apply if MICHLITS WERNER GMBH does not provide its services in accordance with the contract.
6.3 Orders are accepted subject to delivery options. MICHLITS WERNER GMBH reserves the right to allocate smaller quantities to the customer if a product is oversubscribed. If delivery or compliance with an agreed delivery period becomes impossible due to circumstances for which MICHLITS WERNER GMBH is not responsible, the delivery obligation expires or the delivery time is extended by the duration of these obstacles. The circumstances for which MICHLITS WERNER GMBH is not responsible include in particular: Difficulties in purchasing the goods or primary materials from third parties, in the case of subscriptions, the delayed release of the goods by the MICHLITS WERNER GMBH supplier, operational disruptions (also for suppliers of MICHLITS WERNER GMBH), traffic disruptions , Lockouts and strikes as well as all cases of force majeure. In transactions with consumers, only objectively justified and minor changes that do not affect the price are permitted. This applies in particular to reasonable delivery overruns and the like.
6.4 MICHLITS WERNER GMBH is entitled in the cases mentioned in point 6.3 to withdraw from the contract in whole or in part without being liable for damages.
A prerequisite for the customer’s withdrawal from the contract, however, is a delay in delivery for which MICHLITS WERNER GMBH is responsible, despite the written setting of a reasonable grace period of at least four weeks.
6.5 In the case of divisible services, the customer has no right of withdrawal with regard to deliverable parts, provided that parts of the service can be performed and used by the buyer. Under the same conditions, or if the remaining parts can be delivered on time, the customer is not entitled to refuse to accept partial deliveries.
6.6 If the customer unjustifiably declares that it does not want to adhere to the contract (“cancellation”) and if MICHLITS WERNER GMBH agrees to this in writing, MICHLITS WERNER GMBH is entitled to 15% of the purchase price as a flat-rate minimum compensation for goods in stock (“cancellation fee”).
6.7 Changes or cancellations of orders by the buyer must be made in writing. MICHLITS WERNER GMBH reserves the right to accept declarations in a different form, which then only become effective with written confirmation by MICHLITS WERNER GMBH.
6.8 For transactions with consumers within the meaning of the Consumer Protection Act, in deviation from points 6.3 and 6.4, the buyer can withdraw from the contract after exceeding the specified delivery dates by setting a reasonable grace period.
6.9 Subscription Agreements, Term and Termination
Unless a specific term has been agreed, it is an open-ended subscription contract. A subscription contract can be terminated in writing by post or email by both contracting parties with a notice period of 7 days prior to the respective delivery without giving any further reasons. The subscription consists of four separate deliveries per year. For effective termination, the letter of termination must be received by one of the contracting parties by 11:59 p.m. of the four deadlines on March 5, June 5, September 5 and December 5 at the latest. If the set day falls on a Sunday or public holiday, the next working day is the set day. In the company
If the cancellation is received in good time, the amount that has already been paid but not yet delivered will be refunded. The time at which the notice of termination is received is decisive for the effective termination of the contract. Delayed terminations only take effect on the following key date.
7.1 Promises, such as about the usability or special properties of the goods, or declarations by the employees of MICHLITS WERNER GMBH are non-binding and do not represent an express assurance of certain properties if they are not made in writing.
7.2 Warranty claims require that defects are reported to MICHLITS WERNER GMBH immediately, namely recognizable defects immediately upon acceptance, hidden defects after discovery, and with submission of the opened goods and original invoice.
7.3 A warranty claim is limited in any case to the invoice value of the delivered and defective goods.
7.4 MICHLITS WERNER GMBH fulfills its warranty obligations at its option either by delivery of defect-free goods, improvement, subsequent delivery of shortfalls or reversing the contract (i.e. repayment of the purchase price) within a reasonable period.
7.5 Customary or minor, technically caused deviations in quality, quantity, color, size, weight, equipment or design do not constitute warranty defects or non-fulfillment of the contract.
7.6 MICHLITS WERNER GMBH is not liable for taste, color, material or pattern conformity or other characteristics of conformity of reordered goods. The same applies to “goods ordered according to a sample”, provided that the deviation is within the customary and technical limits.
7.7 After the goods have been opened, tasted, consumed or processed or processed, any warranty is excluded.
7.8 The warranty period is 2 years from the point in time when the risk is transferred in accordance with Section 4.
7.9 After the transfer of risk to the customer (point 4), broken glass in particular does not constitute a reason for the customer to assert warranty claims.
- LIABILITY FOR DAMAGES
8.1 MICHLITS WERNER GMBH is only liable for damage in the event of intent or gross negligence, with the exception of damage to the person.
8.2 Liability is limited to 10% of the value of the goods within the framework of the statutory provisions. Compensation for (defect) consequential damage, other property damage, financial loss and damage from third party claims against the buyer is excluded.
9.1 Goods ordered or picked from MICHLITS WERNER GMBH must be picked up within 14 days of notification or picking. Any longer storage time of up to a maximum of 4 weeks must be agreed and electronically recorded on the order or the invoice.
9.2 If the goods are not picked up or taken over within this period, MICHLITS WERNER GMBH has the right to either store the goods at the risk of the buyer with a storage fee of 5% of the invoice amount per commenced month plus sales tax and to fulfill the contract exist or after setting a grace period of 2 weeks to withdraw from the contract and to resell the goods to another customer, in which case the buyer has to pay an immediately due manipulation fee of 10% of the purchase price plus sales tax.
- YOUTH PROTECTION
10.1 The dispensing and delivery of wine and spirits can only be made to persons over the age of 18. In order to comply with the legal regulations, MICHLITS WERNER GMBH is entitled to hand over goods only after legitimation by means of an official photo ID. In the event of a justified refusal of delivery, the customer is obliged to compensate for the damage actually incurred (e.g. delivery costs).
- EDP PROCESSING AND CUSTOMER DATA
11.1 The buyer agrees that the data about him specified in the purchase contract and disclosed during registration will be stored and processed in compliance with the provisions of the Data Protection Act. This data is used to comply with legal requirements, to process payment transactions and to take care of customers.
- OTHER PROVISIONS
12.1 If individual provisions of the contract or these general terms and conditions are invalid, this does not invalidate the entire contract. The rest of the contract remains unchanged.
12.2 The place of performance of this contract for both MICHLITS WERNER GMBH and the buyer is Vienna.
12.3 The competent court in Eisenstadt has exclusive jurisdiction to resolve all disputes arising in connection with the contract.
12.4 The contract is subject to Austrian law to the exclusion of the UN sales law.
- CANCELLATION POLICY
13.1 Is the customer a consumer?
here, he is entitled to revoke his contract declaration within two weeks in text form (e.g. letter, email, fax) without giving reasons. The cancellation period begins at the earliest on the day after receipt of this instruction in text form. Timely dispatch to the shop owner is sufficient to meet the deadline – see order confirmation.
13.2 Excluded from revocation are • goods that are made according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or that can spoil quickly or whose expiry date has been exceeded, • audio or video recordings or software if the data carriers supplied have been unsealed by the consumer or • newspapers, magazines and magazines.
13.3 In the event of an effective cancellation, the mutually received services are to be returned and any benefits (e.g. interest) surrendered. If the customer cannot return the received service in whole or in part or can only return it in a deteriorated condition, he may have to compensate us for the value. This does not apply to the surrender of items if the deterioration of the item is solely due to its inspection – as it would have been possible in a shop, for example. In addition, the customer can avoid the obligation to pay compensation by not using the item like an owner and by refraining from anything that affects its value.
13.4 The customer has to bear the costs of returning items that can be sent as parcels if the goods delivered correspond to the goods ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if, at a higher price of the item, at the time of the revocation, he has not yet received the Has provided consideration or a contractually agreed partial payment. Otherwise the return is free of charge. Items that cannot be sent as parcels will be picked up from the customer. The customer must fulfill obligations to reimburse payments within 30 days of sending his declaration of cancellation.
Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution, which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.