General terms & Conditions

Here you will find the general business terms & conditions of Domäne Lilienberg.
1. SCOPE OF APPLICATION
1.1.
These general terms & conditions of business (hereafter abbreviated as ‘GTC’) apply to the sale and delivery of goods from Domäne Lilienberg Weinbau GmbH, Seilerstätte 13/23, 1010 Wien (hereafter abbreviated as ‘DLW’), which ensue as a result of orders made from a distance. 

1.2.
The GTC apply to consumers as well as to entrepreneurs, unless a differentiation is made in that particular clause.

1.3.
The GTC apply exclusively, meaning that different or contradictory General Terms & Conditions will not be accepted by DLW.

1.4.
DLW is entitled to change the GTC at any time. The GTC apply in their current valid version at the time that a customer places an order.

1.5.
By placing an order, the customer declares his/her agreement to the GTC in their respective valid version.

1.6.
If individual provisos of these GTC are void, this does not affect the validity of the remaining provisions and the contracts entered into that take them as a basis. Void provisions will be replaced by effective regulations that are nearest in line to the intended purpose of the original provisions.
2. OFFERS AND ORDERS
2.1.
The language of contracts, orders and business is exclusively German.

2.2.
The goods in the web shop present an unbinding incitement to the customer to make DLW a binding offer in entering into a sales contract.

2.3.
All offers of DLW are non-binding and subject to alteration as regards the availability of the goods and the prices stated, and are valid only as long as stock lasts. The prices are non-binding for repeat orders. The final offer overrides all previous offers.

2.4.
Images are purely symbolic photos and do not always accurately represent the goods currently available for delivery.

2.5.
The customer’s order represents a binding offer. Offers are only valid as accepted when they have been confirmed in writing by email by DLW. DLW will provide the customer with a written order confirmation with all the relevant order details. If DLW cannot fulfil the order, the customer will be informed immediately.

2.6.
DLW takes orders by telephone on +43-(0)664-4233042, by email on office@lilienberg.at and via the web shop www.lilienberg.at. Any automated order confirmations are not valid as an acceptance of the order, but are simply sent for informational purposes.
Orders are only received during normal business hours (Monday to Friday from 8am until 5pm, with the exception of statutory public holidays in Austria). The order window may be changed from time to time. If orders are made outside the order window, these are only considered as received from the beginning of the order window on the next working day. When placing an order, the customer is to designate an exact delivery location. The customer is obliged to ensure the appropriate acceptance of the ordered goods at the named delivery location.

2.7.
The acceptance of an order is made with reservation of the possibilities for delivery. DLW is entitled to reject the contract closure without stating reasons and to accept orders only in part, and reserves the right to allocate the customer a smaller quantity of an over-subscribed product.
3. PRICES AND DELIVERY CHARGES
3.1.
The stated prices are gross prices in Euros, per item, and for deliveries within Austria include all statutory charges and taxes. The prices at the time of the order are valid, subject to all forms of print, calculation and written errors.

3.2.
The stated prices do not include all manner of post and packaging costs, whose value is dependent on the amount of goods ordered and the delivery location. All costs that arise from delivery are to be met by the customer.

3.3.
A delivery outside Austria may be subject to additional customs fees, taxes and/or charges, which may lead to an adjustment of the gross price offered. These kinds of customs fees, taxes and/or charges are to be met by the customer in their respective statutory amounts. Deliveries outside Austria can only be made if the delivery does not encounter any legal or disproportionate logistical obstacles.

3.4.
The actual costs due will be shown to the customer according to the correct selection in the basket and detailed in the order confirmation.

3.5.
Deliveries within Austria, deliveries to Germany and deliveries to all other EU countries:
For deliveries within Austria, to Germany and to all other Schengen Zone countries, the actual costs due will be invoiced and this amount, according to Clause 3.4., will be shown according to a correct selection in the basket as well as detailed in the order confirmation.

3.6.
Deliveries outside the Schengen Zone:
An automatic calculation of delivery costs is not possible in this case. 
If a delivery outside the Schengen Zone is desired, the customer is to contact DLW directly on Seilerstätte 13/23, 1010 Wien; telephone +43-(0)664-4233042; email: office@lilienberg.at, in order to inquire about the desired order.
4. CONDITIONS OF PAYMENT AND RESERVATION OF OWNERSHIP
4.1.
DLW only accepts the payment methods listed in the web shop. These are: Visa, Mastercard and instant bank transfer.

4.2.
As soon as we have received the confirmation resp. payment, the order will be sent to the delivery address provided.

4.3.
All goods will be delivered by DLW under reservation of ownership and remain the property of DLW until full and complete payment has been made.
5. DELIVERY AND TRANSFER OF RISK
5.1.
DLW determines the method and route of transport for a delivery. This will be carried out during normal business hours.

5.2.
The delivery will be carried out without any unnecessary delay, but no later than within 30 days after receipt of the order. If the delivery is delayed, we will make contact with the customer as soon as the delay is made known, but before the 30 day deadline has expired, to ask for his/her agreement to a later delivery. If the customer does not agree, he/she is entitled to withdraw from the contract.

5.3.
In the case that ordered goods are not accepted, DLW is entitled to demand compensation for the additional expenditures that arise as a result e.g. delivery costs.

5.4.
When sending the goods, the risk of loss or damage to the goods is transferred to the customer (provided he/she is a consumer in the sense of the Consumer Protection Law) only when the goods have been delivered to the customer or to a third party designated by him/her, who is not the carrier.

5.5.
For damages and impairments caused during transport, full compensation is guaranteed under the following conditions: (i) the customer checks the goods immediately upon arrival for their correctness and completeness; (ii) a complaint about the goods is to be made immediately to and confirmed by the transport company; and (iii) DLW is to be informed of the complaint about the goods in writing within 3 days of delivery of the goods.
6. GUARANTEE
6.1.
The statutory Provisions of Guarantee are to be applied for the goods available. The period of guarantee expires 24 months after receipt of the goods.

6.2.
Reclamations on the grounds of statutory guarantee claims are to be made immediately to DLW and the goods (bottles, corks and contents) together with a copy of the sales receipt sent back to Domäne Lilienberg Weinbau GmbH, Seilerstätte 13/23, 1010 Wien. If the customer is a consumer in the sense of the Consumer Protection Law, DLW will meet the costs of returning the faulty goods.

6.3.
Grounds of taste, common or negligible technical-related discrepancies in quality, quantity, colour, size, weight, equipment or design as well as age-related changes to taste, colour and packaging are not valid either as a warranty defect or non-compliance. The crystallization of wine stone is a natural process and not a warranty defect.

6.4.
For entrepreneurs, the §§ 377 ff UGB in their respective valid forms are applicable without limitation.
7. DAMAGE COMPENSATION
DLW is only liable for such damages as are caused culpably or with gross negligence. Liability for slight negligence is excluded. The limitation of liability does not apply to personal damage, claims based on the Austrian Product Liability Law or where consumer businesses are concerned.
8. RIGHT TO WITHDRAW
8.1.
A customer who is a consumer in the sense of the Consumer Protection Law can withdraw from a long-distance contract or a contract closed outside business premises within 14 days without stating reasons.

8.2.
The deadline for withdrawal is fourteen days from the day on which the customer or a third party designated by him/her, who is not the carrier, took possession of the goods. In the case of a contract involving several goods, which the customer ordered as one single order but which were delivered separately, the deadline begins on the day on which the customer or a third party designated by him/her, who is not the carrier, took possession of the final goods.

8.3.
To meet the deadline for withdrawal, the timely (before the expiration of the withdrawal period) sending of a declaration of withdrawal is sufficient.

8.4.
To exercise the right to withdraw, the customer must provide a written declaration to Domäne Lilienberg Weinbau GmbH, Seilerstätte 13/23, 1010 Wien, email: office@lilienberg.at, including name, address, telephone number and the decision to withdraw from the contract. The declaration of withdrawal is not bound to a specific form.

8.5.
Consequences of withdrawal: if the customer withdraws from the contract, DLW is to reimburse the customer for all payments made, including delivery charges if applicable, immediately yet no later than within 14 days after receipt of the declaration of withdrawal. For this reimbursement, DLW uses the same payment method as was chosen by the customer for the completion of his/her payment. Using another payment method is permitted if this has been expressly agreed upon with the customer and no costs arise to the customer as a result. If the customer expressly requested an alternative delivery method to the cheapest standard delivery offered by DLW, he/she does not have the right to claim compensation for the additional costs due as a result. DLW can withhold reimbursement until it has either received the returned goods or the customer has provided proof of return shipment of the goods.
If the customer withdraws from the contract, he/she is to immediately, yet no later than within 14 days after delivering the declaration of withdrawal, send or hand over the goods to be returned to Domäne Lilienberg Weinbau GmbH, Seilerstätte 13/23, 1010 Wien. The deadline for return delivery is considered met if the goods are sent before the return deadline.
The direct costs of returning the goods are to be met by the customer. The customer is only to pay DLW compensation for a reduced market value of the goods if their loss in value is attributable to a handling of the goods that was unnecessary for checking their quality, their characteristics or their function.

8.6.
The customer does not have the right to withdraw from contracts concerning (i) goods that have been produced according to customer specifications or that are indisputably tailored to personal needs, (ii) goods that are quickly perishable or whose expiry date would be quickly exceeded, (iii) goods that were delivered in a sealed package and are not suitable for return for health protection or hygiene reasons, provided the seal was broken after delivery, (iv) goods that were inseparably mixed with other goods after delivery on the grounds of their nature, and (v) alcoholic drinks whose price was agreed upon the closing of the contract, but which could not be delivered earlier than 30 days after the closing of the contract and whose actual value is dependent on market fluctuations over which the company has no influence.

8.7.
If the customer is an entrepreneur, a withdrawal is completely excluded.
9. YOUTH PROTECTION
9.1.
Alcohol may only be charged for and delivered to persons over 18 years of age. To observe the statutory regulations, DLW is entitled to only hand over the goods after proof of identity has been provided in the form of an official photographic identification document. If the entitlement to not transfer the goods is exercised, the customer is obliged to pay compensation for the actually arising damages e.g. delivery costs.

9.2.
By placing an order, the customer guarantees that he/she resp. the recipient of the goods is older than 18 years.
10. DATA PROTECTION
10.1.
The customer agrees to his/her personal data, provided through the commercial transaction, being saved and processed under observance of the provisions of the Data Protection Law and the Telecommunications Law. These data will be used, to the respectively necessary extent, for processing the order, processing the payment, fulfilling legal requirements as well as for clarifying any questions within the scope of your order. In addition, the customer agrees to receive mailings for advertising purposes from DLW via electronic post. This permission can be revoked at any time by email to the following email address: office@lilienberg.at.

10.2.
The customer has the right at any time to no-cost information about, blocking of, correction of and deletion of his/her saved personal data, provided this is not contrary to other statutory regulations. For this purpose, please contact Domäne Lilienberg Weinbau GmbH in writing on the following email address: office@lilienberg.at.

10.3.
The customer is obliged to inform DLW about changes to his/her residential or business address, provided the contractual legal transaction has not been completely fulfilled by both parties. If there is a failure to provide such information, declarations are considered to have been received if they were sent to the address most recently provided.
11. APPLICABLE LAW, PLACE OF JURISDICTION
11.1.
The contract parties agree to the application of Austrian Law excluding its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.

11.2.
Provided no urgent statutory regulations in favour of the consumer apply, the place of jurisdiction is agreed upon as the court with subject-matter jurisdiction in Vienna.

11.3.
Under the following link, the EU has provided an online dispute resolution platform on the basis of EU Ordinance No. 524/2013. Consumers have the opportunity to make complaints via the online dispute resolution platform of the EU: http://ec.europa.eu/odr. You can also address your complaints directly to us on the following email address: office@lilienberg.at.