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General Terms and Conditions | AFW Austrian Fine Wine
I. ValidityThese terms and conditions (hereinafter referred to only briefly GTC) govern the contract terms for the entire sales of AFW Austrian Fine Wine GmbH (hereinafter only briefly called AFW) to the customer, whether through phone, fax, email or in writing be granted by letter respectively the entire business relationship (goods, services, offers) with the customer. Opposing or deviating conditions from these trading conditions only apply when these are agreed upon in writing.
II. Conclusion of a contractAn order is a request to conclude a contract. The order can be purchased online, by phone, by fax or by mail. The contract is achieved in any case only with a definitive confirmation of order and / or delivery by AFW. By placing an order the customers fully accepts GTC of AFW and are these the basis for the transaction.
III. Offer | Price | InvoiceThe entire range of AFW applies subject to change and while stocks last. AFW reserves the right to a reduction of the order and / or non-fulfilment of the order. The published prices at the time when the agreement is concluded are valid. The availability of the wines as well as the correction of typos and obvious errors are excepted. Any liability in connection with the offer of AFW (especially a false picture, and / or text and / or prices) and the delivery, permitted by law, is excluded. The bottles photos shown on the website are generally symbolic.
All prices AFW specify are in CHF and are net of value from the winery including the prepaid disposal charge for glass ex Swiss stock (excluding transportation and shipping costs), unless expressly stated otherwise. The only exceptions are the retail prices, which are quoted in CHF including VAT. If a justified objection to the invoice of AFW is not sent in writing within 2 weeks, it is assumed to be accepted. AFW is also entitled to raise partial invoices if deliveries are made in parts.
IV. AvailabilitySince certain wines are only limited available, AFW reserves the right of partial deliveries or any failure to perform the order. Orders will be taken into account in each case after the date of entry. If it does not concern a consumer business, minor or other for customer of AFW reasonable changes of the performance or delivery obligations shall be considered as approved beforehand. Specifically, AFW is entitled, but not obliged, unless individual wines are no longer available to provide follow-up vintages.
V. Payment terms | Charges for reminders & debt recoveryUnless agreed otherwise, accounts receivable of AFW are payable in step with delivery of the goods in cash or after billing within two weeks of the receipt of the goods, free of charge and without any deduction to the account of AFW. AFW reserves the right for new customers to desire an advance payment of ordering, after receipt the order will be delivered promptly. Payments are only considered to have been effected when they are registered in the trading account of AFW. In the event of a delay in payment - even a delay without fault – AFW is entitled to cancel the order or to calculate 1% interest per month plus CHF 50.00 dunning charge; claims for proven higher interest shall hereby not be affected. In the case of late payment AFW is also entitled to make demands by collection agency and / or by way of legal proceedings recoverable. The debtor is required in the event of default, to replace AFW expenses for reminders and collection costs as well as costs of legal proceedings, unless they are necessary for the appropriate prosecution, in which he specifically committed to replace the remuneration of the collection agency, arising out of the legal maximum rates of collection agencies. All wines remain until complete payment property of AFW. The entry of the retention of title to the competent authority is reserved.
VI. Rescission of contractIn the event of non-acceptance or other important reasons such as, in particular, the bankruptcy of the customer or bankruptcy rejection due to lack of assets, as well as in the event of delay in payment by the customer, AFW is entitled to rescind the contract if it has not been completely fulfilled by both sides. In the event of a delay in payment by the customer, AFW is entitled to be released from delivery of any further services and deliveries, to retain any supplies or services still pending and to require pre-payment and/or guarantees, or, after giving an appropriate period of notice, to withdraw from the contract. If the customer withdraws from the contract without being entitled to do so or desires its rescission, then AFW has the option of requiring the fulfilment of the contract or agreeing to the rescission of the contract; in the latter case, the customer is obliged to pay after the decision of AFW, an all-inclusive compensation of 15% of the gross invoiced amount or the compensation for the loss actually suffered.
VII. RevocationCustomers have the right to revoke a contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the date on which the customer or a third party, other than the carrier, occupy the goods. In order to exercise the right of withdrawal, the customer must inform AFW about his decision to withdraw from the contract by means of a clear explanation (e.g. a consigned by post mail, fax or email). The contact details for the revocation are: AFW Austrian Fine Wine GmbH, c/o PDS AG, Mühlebachstrasse 6, CH-8008 Zurich
, F | +43 2172-20162-14, E | firstname.lastname@example.org. To safeguard the withdrawal period it is sufficient that the customer sends the message about the right of withdrawal before the expiration of the withdrawal period.
Effects of revocation are | If the customer cancels the contract, AFW has to repay all the payments made by the customer, including the costs of supply (with the exception of the additional costs arising from the fact that the customer has chosen a different method of delivery than that offered expensive type of standard delivery), immediately and at the latest within fourteen days from the date on which the notification of withdrawal of this contract is received at AFW. For this repayment AFW uses the same method of payment that the customer has been used in the original transaction, unless the customer has expressly agreed otherwise; on no account the customer will be charged fees because of this repayment. AFW may withhold reimbursement until it has received the returned goods back, or until the customer has provided proof that he has sent back the goods, whichever is the earlier. The customer has to return or pass the goods to AFW immediately and in any event not later than fourteen days from the date on which he informed AFW of revocation. The deadline is met if the customer sends the goods before the deadline of a fortnight. The customer shall bear the direct cost of returning the goods. The customer only has to pay for any diminished value of the goods, if this loss in value is due to an unnecessary handling with them.
VIII. Delivery | transport | default of acceptanceAFW only delivers to Switzerland and to the Principality of Liechtenstein. Delivery will be made after confirmation of order to the invoice recipient or to his chosen delivery address to doorstep. AFW reserves the right of partial deliveries, without affecting the validity of the progress orders. The sales prices do not contain any costs for delivery or any customs charges for deliveries abroad. However, AFW may provide or arrange for these services on request against separate payment. The actual costs plus an appropriate administrative fee, but at least the current or usual day of delivery freight tariff of the chosen mode of transport will be charged for transport or delivery. If the customer does not accept the goods as agreed (default of acceptance), AFW is entitled after giving an appropriate period of notice, to store the goods at the expense and the customer's risk with an authorized company. Simultaneously AFW is entitled to insist on the fulfilment of the contract, or after setting a reasonable at least 2 weeks’ comprehensive respite from the contract and use of the goods and to make a possible damage suffered by the customer claims.
Deliveries will be made standardly in boxes - for small deliveries in special transport boxes. On request, deliveries can be carried in wooden cases - prices for this will be announced by AFW on request.
AFW charges per 12 bottles overall delivery costs of CHF 19.00, whereby subunits smaller than 12 bottles are charged with delivery costs for 12 bottles. Oversized packages are calculated as a multiple of a 0,75-liter bottle. Deliveries will be sent by logistics companies to the front door. Starting from a purchase order value of CHF 800.00 deliveries are free of charge. Possible partial deliveries of orders with a value of more than CHF 800.00 are also delivered free of charge. Normally, the delivery is carried out within 5 days after confirmation of order – possibly also in a shorter period of time. Possible costs for an express delivery are to be paid by the customer and will be billed separately. If an order is placed that involves no complete packing unit (either 6 or 12 bottles per variety / vintage of the same wine) or products that are not in stock, the delivery will take considerably longer because these special collections have to be made in Austria and will then be transported with the next combined shipment to Switzerland – this can possibly take up to 8 weeks.
For deliveries outside Switzerland and the Principality of Liechtenstein please contact Weingut Schloss Halbturn (T+43 2172 20 162-0; email@example.com).
IX. Delivery deadlineAFW is only obliged to carry out the execution of the services once the customer has fulfilled all his obligations. AFW is entitled to exceed the agreed delivery dates and times by up to two weeks. Only on the expiration of this term may the customer withdraw from the contract after giving an appropriate period of notice (at least 2 weeks).
X. Place of fulfilmentThe place of fulfilment is the registered office of AFW Austrian Fine Wine GmbH c/o PDS AG in CH-8008 Zurich, Mühlebachstraße 6.
XI. Guarantee | investigation & obligation | Cost & risk transitionAFW fulfils warranty claims of the customer in all cases, either by exchange within an appropriate period or a price reduction. Redhibition (cancellation of a contract) may only be claimed by the customer if the defect is substantial and exchange or a price reduction is judged to be not reasonable by the customer. Claims for compensation by the customer which aim to compensate for the defect by improvement or exchange may only be considered if AFW is informed of the warranty claims without delay. If a customer observes a defect, then resulting claims, in particular under the terms of the guarantee or for compensation, are only valid when the customer can prove that the defect was already present at the time of delivery of the goods. The customer should check the goods immediately after delivery, but at the latest within 6 working days. Any defects noted should be communicated immediately to AFW or at the latest within 3 working days after their discovery and by giving details on the kind and scope of the defects in writing (by registered letter) to the office address of AFW or email to firstname.lastname@example.org. Hidden defects should be communicated to AFW in writing immediately or at the latest within 3 working days after their discovery. If notice of a defect is not given or not given promptly, then the goods are considered to be accepted. If defects are not or not timely reprehended, the goods shall be deemed approved. AFW takes back timely reprimanded defective or incorrect deliveries without difficulty and grant compensation. A credit (at the level of objectionable purchase price) will only take place if no goods replacement can be provided. Broken bottles must be confirmed by the carrier. The costs and the risk of loss or damage for the ordered wines will [...] pass over to the customer upon transfer of the goods ordered to the carrier.
XII. CorkFortunately, a problem that is rarely encountered at top wines as their producers use only the best and most expensive corks. In experience of AFW every fifth supposed cork-taste is actually one. If AFW replaces objected bottles, AFW has to factor this risk into margins. Therefore, AFW forbears from charging a cork-risk-premium and ask for understanding that AFW does not treat cork as a defect and cannot take back opened bottles.
XIII. CompensationAll claims for compensation are excluded in the case of slight negligence. This does not apply to personal injuries and/or to consumer business for damage during handling. The presence of damage resulting from slight and/or gross negligence, insofar as it does not concern consumer business, has to be proved. If it concerns consumer business, then the period of limitation of claims for compensation is three years after transfer of the risk. Claims for compensation covered by these terms and conditions or otherwise agreed, even if the claim for compensation is in addition to or instead of warranty claim, must be validated.
XIV. Product liabilityDemands for recourse are excluded, unless the right to recourse is based on an error on part of AFW caused by an act of gross negligence.
XV. Retention of property rights & claimsAll goods are supplied with retention of property rights and remain property of AFW until the complete payment has been effected. The assertion of the retention of property rights only applies on cancellation of the contract when this is expressly mentioned. In the event of return of goods, AFW is entitled to charge for the resulting transport and handling costs. In the event of third parties taking the goods, in particular by seizing them, the customer is obliged to inform AFW immediately with respect to property. If the customer is a consumer or an entrepreneur whose business involves trading the goods acquired from AFW, he may not sell, pawn, give away or lend the goods until complete payment of any pending purchase price. The customer carries the full risk for the goods, in particular for the risks of breakage, loss or degradation.
XVI. Assignments of a claimIn the case of delivery under retention of property rights, the customer cedes his claims to AFW with respect to third parties insofar as the sale or processing of goods of AFW is involved until final payment of the claims of AFW. The customer must name his buyers to AFW on request and inform AFW promptly of the cession. The cession should be registered in the books, in particular in the pending posts and clearly indicated on delivery notes, invoices etc. to the buyer. If the customer is delayed in his payments to AFW, then the proceeds of sale should be only in the name of AFW. Any claims against an insurer must be surrendered to AFW within the limits of legal rights. Claims against AFW may not be transferred without the express agreement of AFW.
XVII. RetentionIf it does not concern consumer business, then a customer with a justified complaint is only entitled to a reduction of a corresponding amount from the total invoice – except for rescission of the contract - and may not withhold payment of the total amount.
XVIII. Applicable law | area of jurisdictionSwiss law is applicable. The contract language is German. The contracting parties agree upon the competence of the jurisdiction of the ordinary courts at the place where AFW has its registered office.
XIX. Youth protection | data protection | address changeAlcoholic beverages are allowed in Switzerland and the Principality of Liechtenstein in accordance with the legal provisions not be sold to minors under 18 years. AFW takes generally no orders placed by customers under 18 years. The customer agrees that the personal data specified in the order are stored and automatically processed in compliance with this order. The disclosure of the data takes place on a voluntary basis. Customer information will be used exclusively by AFW Austrian Fine Wine GmbH, Weingut Schloss Halbturn GmbH and Weingut Schloss Halbturn GmbH & Co KG and will not be revealed to any third party. With his order, the customer accepts these terms and confirms that he is entitled to purchase. The customer gives his agreement that the personal data contained in the sales contract in fulfilment of this contract may be automatically stored and processed by AFW. The customer is obliged to inform AFW of changes to his residential and/or business address, as long as the contractually binding legal transaction is not mutually and completely fulfilled. If this information is omitted, then communications sent to the last known address will be assumed to have been correctly delivered. For the purposes of credit assessment a data exchange with external service companies takes place if necessary. AFW is entitled until further notice to use the data made available for promotional purposes in the context of the company as well as Weingut Schloss Halbturn GmbH and Weingut Schloss Halbturn GmbH & Co KG. A withdrawal can occur at any time in a simple form to email@example.com or by fax to +43 2172 20162-14.
XX. CopyrightAt this juncture, AFW would like to point out that all contents and photos of this website are protected by copyright and that the use and / or transfer to a third party and / or quotation respectively reproduction are allowed only after an explicit approval by AFW. The unapproved use of contents and photos will be legally prosecuted.
Security | AFW works with high security standards to protect personal data against unauthorized access. Personal data, payment details and ordering information are protected by appropriate security systems both during the transfer and in the storage on the servers. For safety reasons in the transmission of information Secure Sockets Layer (SSL) software is used. This software encrypts the information that is transmitted by the customer. Zurich, September 2016 AFW Austrian Fine Wine GmbH
c/o PDS AG