General terms of business
For all orders in our online shop, the following general terms of business shall apply. Conditions deviating from these general terms and conditions are not recognised by Leo Hillinger GmbH and are not a part of the contract content, unless Leo Hillinger GmbH expressly agrees to the deviating conditions in writing.
2. Contract conclusion
Your order represents an offer to us to conclude a purchase contract. As soon as you place an order in the Hillinger online shop, we send you an e-mail that confirms the receipt of your order with us and represents a contract of sale. As a part of the order process, the payment (debit from your credit card, online banking or payment by PayPal account) then takes place. After that, the ordered products will be shipped to you by Österreichischen POST AG or another parcel service. Once the ordered goods are being delivered, you will be informed of this by e-mail and at the same time receipt the paid invoice with this e-mail.
3. Contract language
The contract, order and business language is German.
4. Place of fulfilment and risk assumption
The place of fulfilment for all services from the transactions between the contract parties is the seat of Leo Hillinger GmbH. The customer bears the risk of the transportation to the address specified by the customer.
5. Proper law, jurisdiction and responsibility
For all legal disputes between the contract parties, the applicability of Austrian law is agreed under exclusion of the UN Sales Convention. In addition, Austrian jurisdiction and the responsibility of the relevant court responsible for the seat of Leo Hillinger GmbH are agreed for all legal disputes between the contract parties.
The buyer has no right of withdrawal for our wines. There is a right of withdrawal, however, for accessories (e.g. clothing or wine tool). If the wine should display a documented wine error, you will receive the respective bottle replacement from us, provided the opened defective bottle is still at least three-quarters full. The cost of the return must be paid by the purchaser. The costs of the new shipment is assumed by Leo Hillinger GmbH.
The wines are mainly shipped by Österreichischen POST AG. The corresponding shipping costs shall be displayed to you during the ordering process (immediately before the completion of your order) and added to the total invoice amount. In addition, the shipping costs are listed in detail under the payment and delivery conditions section. All countries where we do not offer a delivery service and where we collaborate with partners will be looked after by our respective importers. Address and contacts for these importers can be found in the sales section on our website. The delivery takes place from the Leo Hillinger GmbH location to the delivery address specified by the purchaser. If Leo Hillinger GmbH is not able to deliver the ordered goods without any fault, because a supplier of Leo Hillinger GmbH has not met his contractual obligations, Leo Hillinger GmbH is entitled to cancel the contract. In this case, the buyer shall be informed immediately that the ordered product is not available. The statutory rights of the buyer are not affected. If a delivery is not possible to the buyer, because the goods must first be reproduced, the buyer will be notified immediately by e-mail or telephone. If delivery to the buyer is not possible, because the buyer is not found at the specified delivery address at the time of the parcel delivery, Österreichischen POST AG will leave a parcel label with the information regarding what time the parcel will be delivered again. This will be attempted three times. After the third attempt, the parcel will be sent back to Leo Hillinger GmbH.
The buyer can pay the purchase price by credit card, online banking (Sofortüberweisung.de) or PayPal.
9. Retention of title
The delivered goods remain the property of Leo Hillinger GmbH until the full payment. If nothing results thereafter, additional claims from the buyer – regardless of the legal grounds – are excluded. The Leo Hillinger GmbH is therefore not liable for damage caused to the delivery item itself. In particular, Leo Hillinger GmbH is not liable for lost profits or other financial damages of the buyer. If the liability of Leo Hillinger GmbH is excluded or limited, this also applies for the personal liability of employees, representatives and vicarious agents. If Leo Hillinger GmbH negligently violates the contractual duty, the duty of replacement for property damage is limited to damage that typically occurs. If the return of a rejected good to Leo Hillinger GmbH takes place, Leo Hillinger GmbH will send the replacement item as a supplementary performance immediately. The statutory warranty period is 24 months, also for additional products (juices, brandies, specialities and accessories), and three years for the wines in the event of a demonstrable wine error, each starting from the date of delivery.
10. Collection, processing and use of personal information of our customers
Information that we receive from you helps us to facilitate your purchase in the online shop of Leo Hillinger GmbH. We use the information to process orders and deliver the goods as well as to process the payment. We also use your information to improve our service and our Internet platform or to prevent or detect a misuse of our website. We always treat information about personal data of the buyer or the inquiring person with the utmost discretion and not passed on to third parties.
11. Our data
Leo Hillinger GmbH
A - 7093 Jois
Telephone: 0043 2160 8317-0
Fax: 0043 2160 8317-17
Manager: Leo Hillinger
UID - number: ATU 52043300
Entered in the commercial register under FN 210012 t, district court of Eisenstadt
Member of the Chamber of Commerce
All prices are in EUR ex farm for end users, including 20% VAT and 10% VAT and all taxes according to Austrian law. Glass and packaging (except for our special gift boxes and wooden boxes) are included, also the Austrian disposal costs for bottles and boxes. All previous offers lose their validity with the current price list. Wine reservation requests unfortunately cannot be considered here.
13. Severability clause
If individual provisions of these general terms and conditions should be regarded as invalid or incompatible with the legal situation, these are to be replaced by such valid provisions that come closest to the expressed intention of the parties. The general terms and conditions shall remain unaffected in the other provisions.
Jois, am 07.11.2013
Term of use.pdf