GENERAL TERMS AND CONDITIONS
1. Applicability
All sales and deliveries of goods by Leo Hillinger GmbH – in particular within the framework of this online shop – are subject to these General Terms and Conditions. Deviating terms and conditions shall have no validity unless Leo Hillinger GmbH has given its prior written or email consent before accepting the order. Leo Hillinger GmbH reserves the right to amend these General Terms and Conditions at any time; they shall apply in the version current at the time the customer places their order. By placing an order at the latest, the customer agrees to these General Terms and Conditions.
2. Conclusion of contract
The contractual, ordering and business language is German. The customer’s order constitutes an offer to Leo Hillinger GmbH to conclude a purchase contract. Once the customer places an order in the Leo Hillinger GmbH online shop, Leo Hillinger GmbH will send an email confirming receipt of the order, which constitutes a purchase contract on the part of Leo Hillinger GmbH. Payment is made during the ordering process, either by debit from the customer’s credit card, via online banking or via PayPal account. The ordered products will then be delivered to the customer by Austrian Post AG or another parcel service. Once the ordered goods are dispatched, the customer will be notified by email and will simultaneously receive the paid invoice with that email.
3. Prices and shipping
The prices offered for goods are gross prices in euros and, for deliveries within Austria, include all applicable taxes and duties. Glass and packaging are included; however, special gift boxes and wooden crates from Leo Hillinger GmbH are expressly excluded.
For deliveries outside Austria, additional customs duties and/or charges may apply, including any import or export duties and any excise duties, which may result in a change to the offered gross prices. Such duties and/or charges are to be borne by the customer at the applicable statutory rate. Deliveries outside Austria can furthermore only be made if there are no legal or disproportionate logistical obstacles to delivery.
Prices stated in catalogues, brochures, price lists, etc. are – unless expressly stated otherwise in individual cases – always non-binding. Prices for repeat orders are also non-binding.
Prices are based on costs at the time of initial pricing. Should costs change between that time and the customer placing an order, Leo Hillinger GmbH is entitled to adjust prices accordingly. Binding prices are displayed in the Leo Hillinger GmbH online shop after the correct selection has been added to the shopping cart.
All shipping costs are borne by the customer. Goods are shipped primarily by Austrian Post AG. The applicable shipping costs are displayed to the customer during the ordering process – immediately before the order is finalised – and are added to the total invoice amount. Shipping costs are also listed in full under the Payment and Delivery Terms section.
In all countries where Leo Hillinger GmbH does not offer a direct delivery service and works with partners, customers are serviced by the respective importers. Addresses and contact details can be found in the Sales section of the Leo Hillinger GmbH website.
Delivery is made from the Leo Hillinger GmbH premises to the delivery address specified by the customer. If Leo Hillinger GmbH is unable to deliver the ordered goods through no fault of its own because a supplier of Leo Hillinger GmbH has failed to fulfil its contractual obligations, Leo Hillinger GmbH is entitled to withdraw from the contract with the customer. In this case, the customer will be informed without delay that the ordered product is unavailable.
If delivery to the customer is not possible because the goods first need to be reproduced, the customer will be notified immediately by email or telephone.
If delivery to the customer is not possible because the customer is not present at the delivery address specified at the time of attempted delivery, Austrian Post AG will leave a parcel notification at the delivery address stating when re-delivery will be attempted. This will be attempted up to three times. After the third attempt, the parcel will be returned to Leo Hillinger GmbH.
SHIPPING INFO
| AUSTRIA | EUR 12.90 |
| free shipping from EUR 99 | |
| DE, BE, IT, LU, NL, SK, CZ, HU | EUR 17.90 |
| free shipping from EUR 199 | |
| DK, FR, IE, PL, PT, ES, SE | EUR 34.90 |
4. Due date and retention of title
The purchase price is due upon conclusion of the contract, and at the latest upon delivery of the goods. This also applies to partial deliveries, where the purchase price for each partial quantity delivered is payable.
Leo Hillinger GmbH retains title to all goods until the purchase price, including all ancillary charges, has been paid in full.
If the customer is in default of payment or any other obligation, Leo Hillinger GmbH may defer fulfilment of its own obligations until the outstanding payment or other performance has been received, claim a reasonable extension of the delivery period commensurate with the customer’s default, declare the entire or outstanding purchase price immediately due and payable (acceleration clause) – this also applies where instalment payment has been agreed with a consumer subject to the conditions of § 14 KSchG – or withdraw from the contract if a reasonable grace period is not met.
Default interest at a rate of 5% per annum will also be charged. In addition, a customer in default of payment is obliged to reimburse all pre-litigation and extrajudicial collection costs caused by their default, in particular reminder and collection fees as well as costs of legal representation. Upon expiry of the payment deadline, any discounts or rebates granted shall also be forfeited and will be invoiced accordingly.
5. Payment
The customer may pay the purchase price by credit card, online banking (instant transfer) or PayPal.
6. Place of performance
The place of performance for all obligations arising from transactions between the contracting parties is the registered office of Leo Hillinger GmbH, even where delivery of the goods is to take place at another location by agreement.
7. Transfer of risk
In the case of collection by the customer, risk passes to the customer at the latest upon handover at the point of sale.
In the case of delivery, risk passes to the customer upon handover of the goods from Leo Hillinger GmbH to the carrier. Delivery therefore takes place at the customer’s cost and risk.
Transport insurance coverage for the delivery is only arranged upon the customer’s express instruction and at their expense.
If the customer has concluded the transport contract themselves, risk passes to the customer – including for consumers within the meaning of the KSchG – upon handover of the goods to the carrier.
8. Right of withdrawal
If the customer is a consumer within the meaning of the KSchG and the transaction is a distance sale, they may withdraw from the contract within 14 days without giving reasons. The withdrawal period is 14 days from the date of conclusion of the contract. To exercise the right of withdrawal, the customer must notify Leo Hillinger GmbH in writing, stating their name, address, telephone number and the decision to withdraw from the contract. The deadline is met if the customer sends the notice of withdrawal before the expiry of the withdrawal period.
If the customer withdraws from the contract, Leo Hillinger GmbH must repay all payments received from the customer, including delivery costs – with the exception of any additional costs arising from the customer having chosen a type of delivery other than the standard low-cost delivery offered by Leo Hillinger GmbH – without undue delay and no later than 14 days from the date on which Leo Hillinger GmbH receives notification of the withdrawal. For this repayment, Leo Hillinger GmbH will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise; in no case will Leo Hillinger GmbH charge any fees in connection with this repayment. Leo Hillinger GmbH may refuse repayment until it has received the goods back or until the customer has provided proof of return, whichever is the earlier.
The customer must return or hand over the goods without undue delay and in any event no later than 14 days from the day on which they notify Leo Hillinger GmbH of the withdrawal from the contract. The deadline is met if the customer dispatches the goods before the 14-day period has expired. The customer bears the direct costs of returning the goods. The customer is only liable for any diminished value of the goods if this diminished value results from handling that was not necessary to check the nature, characteristics and functioning of the goods.
The customer’s right of withdrawal is excluded for contracts relating to goods manufactured to the customer’s specifications or clearly tailored to personal needs; goods that may deteriorate rapidly or whose expiry date would quickly be exceeded; goods delivered sealed which are not suitable for return for reasons of health protection or hygiene where the seal has been removed after delivery; alcoholic beverages whose price was agreed at the time of conclusion of the contract but which cannot be delivered until more than 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the trader has no control; and the supply of beverages delivered by Leo Hillinger GmbH as part of frequent and regular deliveries to the consumer’s place of residence, usual place of abode or workplace.
Cancellation form:
– I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
– Ordered on (*)/received on (*):
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only for notification on paper) – Date
(*) Delete as applicable
The completed cancellation form should be sent to:
Leo Hillinger GmbH, Hill 1, A-7093 Jois, Tel. +4321608317, Fax: +432160831777, Email: office@leo-hillinger.com
9. Events
Leo Hillinger GmbH organises events and experiences as part of its business operations, subject to separate announcements. Participation in such events is possible upon ticket purchase. Ticket orders are binding and may only be cancelled in accordance with the limited statutory provisions (ABGB, KSchG). Ticket orders are not subject to distance selling legislation, and the right of withdrawal and return is therefore excluded.
10. Warranty
Representations regarding the suitability or particular properties of goods, or statements made by employees of Leo Hillinger GmbH, are non-binding and do not constitute an express guarantee of specific characteristics.
Warranty claims are contingent upon defects being reported to Leo Hillinger GmbH without delay – apparent defects immediately upon acceptance, hidden defects upon discovery – and upon presentation of the opened goods and original invoice. Any warranty claim is in any case limited to the purchase price of the delivered defective goods.
Differences in taste, commercially customary or minor technically-related deviations in quality, quantity, colour, size, weight, finish or design, as well as age-related changes in taste, colour and packaging, do not constitute warranty defects or non-performance of the contract.
Leo Hillinger GmbH accepts no liability for correspondence in taste, colour, material or pattern, or for any other correspondence characteristics of goods ordered subsequently. The same applies to goods ordered by sample, provided the deviation remains within commercially customary and technical limits.
Once goods have been tasted, consumed or processing has commenced, any warranty claims are excluded.
11. Liability
The liability of Leo Hillinger GmbH is governed exclusively by the agreements set out in the preceding clauses. Any further claims by the customer, regardless of the legal basis, including claims for damages, are excluded; this applies in particular to claims for lost profits, other financial losses, in particular those arising from positive breach of contract, or compensation for damages not arising directly from the goods themselves.
The above exclusion of liability does not apply where the cause of damage is attributable to wilful misconduct or gross negligence. The burden of proving wilful misconduct or gross negligence lies with the injured party. Any claim for damages expires in any event upon expiry of the warranty period and is limited to the invoice amount.
The same principles set out above apply to the liability of vicarious agents and assistants.
12. Youth protection
Orders for wine and spirits may only be placed by persons aged 18 or over. By placing an order, the customer confirms that they and/or the recipient of the goods are over 18 years of age.
13. Data processing
Please refer to the data protection information sheet also available on this website. www.leo-hillinger.com/datenschutz
14. Miscellaneous
Should any individual provision of these terms be invalid, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall instead be replaced by a valid or enforceable provision that comes closest to the economic outcome of the invalid provision.
Any departure from these General Terms and Conditions, as well as any formal requirements contained therein, requires an express written agreement between Leo Hillinger GmbH and the customer.
Written declarations shall be deemed received if delivered to the last address provided by the customer.
15. Jurisdiction and applicable law
Austrian law shall apply to all legal disputes between the contracting parties, to the exclusion of conflict of law provisions and to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for all disputes arising from the contractual relationship or future contracts between Leo Hillinger GmbH and the customer shall be the court having local and subject-matter jurisdiction for the registered office of Leo Hillinger GmbH.
Jois, 25 May 2018
