The following terms and conditions of sale and delivery apply to all sales of our products and, once they have been received by the customer, apply to all transactions. Amendments to these terms and conditions, as well as verbal subsidiary agreements and subsequent amendments to the contract, shall only be valid if they are confirmed by us in writing.
2 Conclusion of contract
2.1 The contract with us shall only be concluded upon our order confirmation. At the express request of the customer, it shall be made in writing. If the placing of the order is preceded by our offer, the contract shall be concluded by the placing of the order without any further confirmation being required. If there is neither an offer nor a written order confirmation, but only an order by the customer, the contract shall be deemed concluded as soon as we have issued the dispatch or delivery order.
2.2 Orders for products of all kinds, room bookings, events and services
are binding on the buyer if no objection is made within 1 working day of receipt.
3.1 For entrepreneurs, prices are net prices plus VAT.
3.2 Irrespective of the price offer, the respective prices on the day of delivery shall apply for calculation purposes. We shall therefore invoice any higher or lower price as a result of a price change between the date of order and the date of delivery. Several purchasers are liable for payment in equal parts. We reserve the right to determine the mode of dispatch, otherwise, unless otherwise stated, the goods will be dispatched FROM THE WORKS.
4. terms of payment
The invoice amount is due within 14 days from the invoice date without deduction. All payments and transfers must be made free of charges. If the payment deadline is exceeded, the buyer (dealer) is obliged to pay 12% p.a., the end consumer 5% p.a., as interest on arrears. Payments without dedication are to be set off against the oldest open invoice.
the oldest open invoice. In the event of default of payment, in all cases where instalments have been agreed, deadlines shall be forfeited and any quantity discounts granted shall lose their validity. Payment orders, cheques and bills of exchange shall only be accepted by special agreement. All related charges and interest (e.g. discount interest and reminder fee) are to be paid immediately by the buyer. Offsetting against the purchase price, irrespective of the legal remedy, as well as retention of the purchase price on the part of the buyer are excluded in any case. 5.
The prices for 0.75 litres include glass and packaging. Unless otherwise agreed, all other packaging shall be invoiced on delivery and shall remain the property of Weingut Zöhrer. In principle, the buyer is obliged to return the packaging in undamaged condition (carriage and expenses paid) to us in Krems within 3 months. However, this clause does not apply to cardboard boxes.
6. goods on commission
When goods are handed over on commission, the quantities sold shall be settled at the end of each month. The equivalent value is to be paid without deduction by the 10th of the following month. If the payment is not
received by the 15th of the month concerned, we shall be entitled to demand immediate payment of the total balance without deduction. If no special agreement has been made regarding the settlement and payment of goods on commission, these will be settled in an invoice after 3 months from delivery. In the event of price changes, the customer shall be given the opportunity to take over the goods firmly at the reduced price or to continue to keep them on commission at the increased price, subject to immediate payment net cash. The Zöhrer Winery is entitled at any time to check the
to carry out an inspection of the commission stock at any time.
7. retention of title
7.1 We reserve the right of ownership of the delivered goods until all claims arising from our business relationship and the business relationship with the customer have been fulfilled.
7.2 The agreements on retention of title shall continue to apply until the customer has paid all
has settled all claims to which we are entitled.
7.3 We are also entitled to offset claims.
We reserve the right to refuse delivery of incoming orders. In this case, we will inform the customer as soon as possible, but within 14 working days at the latest.
9.1 The customer must inform us immediately in writing of the discovery of defects, otherwise complaints cannot be asserted.
9.2 The warranty obligation begins with the delivery of the goods to the customer.
10. choice of variety
The Zöhrer Winery reserves the right to deliver an identical (vintage change) or similar variety if a variety is sold out. This means that the Zöhrer Winery is entitled to deliver a similar or equivalent variety as a substitute.
11. place of performance, place of jurisdiction
Place of performance is 3500 Krems an der Donau. Payment and actionable exclusively at the court having subject-matter jurisdiction for 3500 Krems an der Donau.
12. Cork flavour
Impairments caused by defective cork are not the responsibility of the winemaker. Faulty bottles will be exchanged under the following conditions:
The faulty bottle will be resealed with the bad cork and returned to the Zöhrer Winery, Krems.