General Terms & Conditions
All sales and deliveries of goods by Leo Hillinger GmbH – especially with regard to the online shop – are subject to the following general terms and conditions. Differing terms and conditions are not valid, unless Leo Hillinger GmbH has agreed in writing or via email before accepting the order. These general terms and conditions can be modified by Leo Hillinger GmbH at any time and apply in the current version at the time the customer places his/her order. By placing an order, the customer declares himself in ultimate agreement with these general terms and conditions.
2. Conclusion of contract
The language of the contract, order placement & general conduct of business is German. The customer’s order represents an offer to Leo Hillinger GmbH to execute a purchase contract. As soon as the customer places an order with the Leo Hillinger GmbH online shop, Leo Hillinger GmbH will send an email confirming that the order has been received by Leo Hillinger GmbH and that it constitutes a purchase contract with Leo Hillinger GmbH. Payment will then be made as part of the ordering process, either by charging the customer’s credit card, debiting via online banking or payment using a PayPal account. The products ordered will then delivered to the customer by Austrian POST AG or another appropriate parcel service. When the ordered goods are in the process of being delivered, the customer will be informed of this by means of an email, which will also transmit a receipt for the paid invoice.
3. Prices & shipping/delivery
The prices offered for goods are gross prices in EURO and include all statutory taxes & duties for domestic deliveries. Glass and packaging are included, but special gift boxes and wooden presentation boxes from Leo Hillinger GmbH are expressly excluded.
Deliveries outside Austria may incur additional duties and/or taxes, including import or export taxes and excise duties, which may result in a modification of the gross prices quoted. Such duties and/or charges are to be borne by the customer in the respective statutory amount. Deliveries outside Austria can only be made if there are no legal or disproportionate logistical obstacles to the delivery.
The prices stated in catalogues, brochures, price lists etc. remain – unless expressly stated otherwise in individual cases – always non-binding. Prices are also non-binding for subsequent re-orders.
Prices are based upon costs incurred up to the time of the initial indication of price. If the costs change by the time an order is placed by the customer, Leo Hillinger GmbH is entitled to adjust sale prices accordingly. Binding prices will be displayed in the online shop of Leo Hillinger GmbH after correct selection and placement in the customer’s shopping cart.
The customer is responsible for all costs arising from shipment. Goods are customarily dispatched by Austrian POST AG. The corresponding shipping costs will be communicated to the customer during the ordering process – immediately before the order is completed – and added to the total amount invoiced. In addition, shipping costs will be detailed under the terms of payment & delivery.
In all countries where Leo Hillinger GmbH does not offer delivery/shipping service and works with distribution partners, customers are served by the respective partner. Customers can find relevant addresses and contacts on the sales/marketing page of the Leo Hillinger GmbH website.
Delivery will take place from the location of Leo Hillinger GmbH to the delivery address specified by the customer. If Leo Hillinger GmbH is not able to deliver the ordered goods through no fault of its own, because a supplier of Leo Hillinger GmbH does not fulfil its contractual obligations, Leo Hillinger GmbH is entitled to withdraw from the customer’s order. In this case, the customer will be informed promptly that the product ordered is not available.
In the event that delivery to the customer is not immediately possible because the goods must once more be fabricated, the customer will be promptly notified of this by email or telephone.
If delivery to the customer is not possible at the time of parcel delivery because the customer is not present at the delivery address submitted, Austrian POST AG will leave a parcel label with information on the attempted delivery, and the parcel will be re-staged for delivery. Three attempts at delivery will be made. After a third unsuccessful attempt, the package will be returned to Leo Hillinger GmbH.
4. Collectablity and retention of title
The purchase price is payable when the contract is concluded; at the latest when the goods are delivered. This also applies to partial deliveries in which the purchase price is to be paid for partial quantities delivered.
Leo Hillinger GmbH retains ownership of all goods until full payment of the purchase price is received, including any ancillary fees.
If the buyer is in arrears with payment or equivalent, Leo Hillinger GmbH can postpone fulfilment of its obligations until receipt of the arrears in payment or equivalent, claim an appropriate extension of the delivery period corresponding to the delay on the part of the customer, declare the entire or still unpaid purchase price due immediately (default) – this also applies if an instalment payment has been agreed upon with the consumer under the conditions of § 14 of the Austrian Consumer Protection Act or if a reasonable grace period has not been observed – or withdraw from the contract.
Interest on arrears is herewith quoted in the amount of 5%. In addition, a customer who is in arrears with his payments is also specifically obliged to reimburse Leo Hillinger GmbH for any pre-judicial and extrajudicial costs resulting from reminders & collections necessitated by his delinquency, as well as any attendant costs of legal representation. If the payment deadline is not met, any remunerations granted (discounts, rebates, etc.) will expire and the relevant amount will be invoiced.
The customer can pay the purchase price by credit card, via online banking (immediate transfer) or with PayPal.
6. Place of fulfilment
The place of fulfilment for all services resulting from the transactions between the contracting parties is the registered office of Leo Hillinger GmbH, even if the goods are to be handed over at another location pursuant to agreement.
7. Transfer of risk
If the customer chooses to pick up the goods himself, all risk is transferred to the customer at the time of handover at the cash desk.
In case of delivery, risk passes to the customer when the goods are handed over by Leo Hillinger GmbH to the transporter. Delivery takes place at the expense and risk of the customer. Delivery is covered by a transport insurance policy only upon express instructions given by customer, and at his expense.
If the customer has concluded the transport contract himself, risk is transferred to the customer when the goods are handed over to the carrier, even in the sense of the Austrian Consumer Protection Act.
8. Right of withdrawal
If the client is a consumer as defined by the Austrian Consumer Protection Act and the purchase is a remote sales transaction, he can cancel the contract within 14 days without giving any reason. The cancellation period is 14 days from the day the contract is concluded. To exercise the right of withdrawal, the customer must inform Leo Hillinger GmbH by means of a written declaration stating their name, address, telephone number and the decision to cancel the contract. Deadlines are considered met if the customer sends the message to cancel the contract before the cancellation period expires.
If the customer withdraws from the contract, Leo Hillinger GmbH will refund all payments received from the customer, including delivery costs – with the exception of any additional costs that result from the customer having specified a different type of delivery other than that from Leo Hillinger GmbH’s customarily offered cost-effective standard delivery – promptly and at the latest within 14 days from the date on which Leo Hillinger GmbH received the notification of the cancellation of the contract. For this repayment, Leo Hillinger GmbH will utilise the same means of payment that the customer used in the original transaction, unless expressly agreed otherwise with the customer; under no circumstances will Leo Hillinger GmbH charge fees for this repayment. Leo Hillinger GmbH can refuse to make repayment until it has received the goods in return or until the customer has provided evidence that he has returned the goods, whichever comes first.
The customer is obliged to return or hand over the goods promptly, and in any case within 14 days at the latest from the day on which he informs Leo Hillinger GmbH of the cancellation of this contract. The deadline is considered met if the customer sends the goods before the deadline of 14 days. The customer bears the direct costs of returning the goods. The customer has only to pay for any loss in value to the goods, if this loss in value is due to handling that is beyond what is necessary to examine & confirm the quality, characteristics and functionality of the goods.
The customer’s right of withdrawal does not apply in the case of contracts for goods that are made to customer specifications or are clearly tailored to personal needs, for goods that can spoil quickly or whose expiration date is quickly passed, for goods that are delivered sealed and for reasons of health protection or for reasons of hygiene are not suitable for return in the event that their seal has been removed after delivery, and for alcoholic beverages, the price of which was agreed upon when the contract was concluded, but which could not be delivered earlier than 30 days after the contract was concluded, and their current value depends on fluctuations in the market over which the seller has no control, or for the delivery of beverages delivered by Leo Hillinger GmbH as part of frequent and regular journeys to the place of residence, temporary habitation or the workplace of the consumer.
Please refer to the following cancellation form:
– I / we (*) hereby rescind the contract concluded by myself/ourselves (*) for the purchase of the following goods (*) / the provision of the following service (*):
– Ordered on (*) / received on (*):
– Name of customer(s)
– Address of customer(s)
– Signature of customer(s) (only for notification on paper) – date
(*) Delete where inapplicable
The completed cancellation form must be sent to:
Leo Hillinger GmbH, Hill 1, A-7093 Jois, Tel. +4321608317, Fax: +432160831777, Email: firstname.lastname@example.org
Leo Hillinger GmbH organises events as part of its business operations, which are publicised by means of special announcements. Participation/attendance in/at such an event can take place upon ordering a ticket. The ticket order is binding and can only be cancelled in accordance with restricted legal provisions (Austrian Civil Code, Austrian Consumer Protection Act). Ticket orders are not subject to the Remote Sales Law, so in this case the right of withdrawal and return is excluded.
Assurances, such as refer to the usability or special properties of the goods, or declarations by the employees of Leo Hillinger GmbH, are non-binding and do not constitute an express guarantee of certain specific characteristics.
Warranty claims presuppose that defects on the part of Leo Hillinger GmbH are reported immediately: recognisable defects immediately upon receipt, hidden defects after discovery, and upon submission of the opened goods and original receipt. Any warranty claim is in all cases limited to the purchase price of the defective goods delivered.
Reasons having to do with flavour, usual or slight technically related deviations in quality, quantity, colour, size, weight, equipment or design as well as age-related changes in flavour, colour and packaging do not constitute defects in terms of warranty or qualify as non-fulfilment of the contract.
Leo Hillinger GmbH is not liable for the flavour, colour, material and conformity of the nature or any other characteristics of conformity of goods that are reordered. The same applies to goods ordered based upon a sample, provided the deviation falls within the customary and technical limits.
Any guarantee is excluded after tasting, consumption or any initiated processing of the goods.
Leo Hillinger GmbH’s liability is based exclusively on the stipulations made in the above points. Further claims by the customer are excluded, regardless of legal grounds, including claims for damages; this applies in particular to claims for compensation for lost profits, other financial losses, in particular those due to any positive contract infringement on the part of the customer, or compensation for any damage that did not arise on the goods themselves. The above exemption to liability does not apply if the cause of the damage is based on intent or gross negligence, in which case the individual damaged must prove the existence of intent or gross negligence. The claim for compensation becomes invalid in any case at the expiration of the warranty period and is limited to the amount of the invoice. The same abovementioned principles apply to the liability of expediters, agents and assistants.
12. Protection of minors
An order for wine or spirits can only be submitted by people aged 18 and over. By submitting the order, the customer assures that he or the recipient of the goods is 18 years old or older.
13. Data processing
Please refer to the information page for data protection that is also available on this website. www.leo-hillinger.com/datenschutz
Should any of these provisions be ineffective, it shall not affect the validity of the remaining provisions. The ineffective or unenforceable provision is rather to be replaced by an effective or feasible provision that comes closest to the economic intention of the ineffective condition.
Departure from these terms and conditions and the formal requirements contained therein require express written agreement between Leo Hillinger GmbH and the customer. Written declarations are deemed to have been received if they are sent to the most recent address provided by the customer.
15. Court of jurisdiction, applicable law
For all legal disputes between the contracting parties, the application of Austrian law is agreed upon, with the exclusion of reference standards and with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
The legal venue for all disputes arising from the contractual relationship or future contracts between Leo Hillinger GmbH and the customer is the local and factually competent court for the business location of Leo Hillinger GmbH.
Jois, 25 May 2018