Terms of Service
Online Dispute Resolution
The EU Commission has provided an online platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr/
- These general terms and conditions apply to the sale and delivery of goods by Wine-In-Time GmbH (hereinafter referred to as “Wine-In-Time”) with its registered office and business address in 1010 Vienna, Wipplingerstraße 12.
- Deviating terms and conditions are not valid unless Wine-In-Time has agreed to them in writing or by e-mail before accepting the order.
- By placing an order, the customer agrees to these General Terms and Conditions.
- The customer’s order represents a binding offer. Wine-In-Time accepts the customer’s offer by actually delivering the ordered goods. Wine-In-Time is entitled to reject an order without giving reasons.
- The general terms and conditions can be changed by Wine-In-Time at any time and apply in the version current at the time the customer places the order.
- PRICES, SHIPPING COSTS AND DELIVERY AREA
- The prices offered for the goods are gross prices in euros and include all statutory taxes and duties for domestic deliveries. However, the prices offered do not include any packaging and shipping costs.
- Deliveries outside of Austria may incur additional customs duties and/or duties, including any import or export duties and any consumption taxes, which may lead to a change in the gross prices offered. Such customs duties and/or charges are to be borne by the buyer at the respective statutory rate. Deliveries outside of Austria can only be made if there are no legal or disproportionate logistical obstacles to the delivery.
- The prices are based on the costs at the time the price was first quoted. Should the costs change by the time the buyer places an order, Wine-In-Time is entitled to adjust the prices accordingly. The binding prices are displayed in the Internet online shop after the correct selection in the shopping cart, and in the case of an order placed by telephone or e-mail in the order confirmation given in writing (including by e-mail) by Wine-In-Time.
- All shipping costs are borne by the buyer. The costs of delivery are displayed when ordering in the Internet online shop after correct selection in the shopping cart, and in the case of an order placed by telephone or e-mail in the order confirmation issued by Wine-In-Time in writing (including by fax or e-mail) or expelled.
- If your order includes goods whose sale is subject to age restrictions, we will ensure through the delivery agent that the customer has reached the required minimum age. The deliverer hands over the goods only after the age has been checked and only to the customer personally.
- Basically, the delivery area includes Vienna. A delivery outside of Vienna is only possible after consultation with our customer service. Wine-In-Time is entitled to refuse the order.
- PAYMENT AND DEPOSITS
- The purchase price is due upon conclusion of the contract, at the latest upon delivery of the goods. This also applies to partial deliveries, where the purchase price for the partial quantities delivered has to be paid.
- If the invoiced price is not paid in full upon delivery, the deliverer of the goods is entitled to take them back at the expense of the buyer. Justified complaints do not entitle the buyer to withhold the entire, but only a reasonable part of the invoice amount. In transactions with consumers, the latter can refuse payment in full if Wine-In-Time has not made the delivery in accordance with the contract or the delivery is jeopardized by their poor financial circumstances, which the consumer was neither aware of nor needed to be aware of at the time the contract was concluded . If Wine-In-Time offers adequate security, this right to refuse payment no longer applies.
- Wine-In-Time retains ownership of all goods until full payment of the purchase price including ancillary fees.
- Payments to Wine-In-Time staff will only be accepted if confirmed by a cash receipt. This provision does not apply to transactions with consumers within the meaning of the Austrian Consumer Protection Act.
- If the buyer is in arrears with payment or other services, Wine-In-Time can:
- postpone the fulfillment of their own obligations until the outstanding payments or other services have been effected,
- make use of a reasonable extension of the delivery period corresponding to the delay of the customer,
- Default interest of 8% above the base rate of the Oesterreichische Nationalbank, at least 8% per year, plus sales tax, and
- withdraw from the contract if a reasonable period of grace is not observed, as well as
- request the resulting dunning and collection fees from the buyer, insofar as they are necessary for appropriate legal prosecution and are in reasonable proportion to the claim made, whereby the buyer is obliged to reimburse the maximum remuneration of the collection agency involved, which results from the VO of the BMWA about the maximum rates of the collection agencies. In addition, any further damage, in particular damage caused by the fact that higher interest is incurred on any credit costs on the part of Wine-In-Time as a result of non-payment, must be replaced, regardless of who is at fault for the default in payment.
- Granted discounts or bonuses are subject to the condition precedent that full payment has been received.
- Payment for goods can be made either online or upon delivery. The consumer can choose the type himself. When paying online, the providers specified on the website are accepted. When paying on delivery, the purchase price due is paid via a card reader.
- PASSING OF RISK
- If the buyer collects the goods himself, use and risk are transferred to the buyer at the latest when the goods are handed over.
- Upon delivery, Wine-In-Time – in the absence of specific instructions from the buyer – determines the mode and route of transport as the buyer’s representative. Upon delivery, use and risk are transferred to the buyer when the goods are handed over by the Wine-In-Time driver.
- Upon delivery, Wine-In-Time – in the absence of specific instructions from the buyer – determines the mode and route of transport as the buyer’s representative. In the event of delivery, use and risk are transferred to the buyer, provided he is a consumer within the meaning of the Consumer Protection Act, as soon as the goods are delivered to him or to a third party designated by him who is different from the carrier. However, if the consumer has concluded the contract of carriage himself without using one of the options suggested by Wine-In-Time, the risk passes to the carrier as soon as the goods are handed over.
- RETURN OF GOODS AND RIGHT OF WITHDRAWAL
- Until revoked, Wine-In-Time is willing to take back goods purchased from her for a refund of the full purchase price under the following conditions: The goods must be returned within 14 days of the invoice date in the original packaging, undamaged and with presentation of the original invoice. Marked special offers can only be taken back in the total amount purchased. Refunds will be made at the price applicable at the time of original purchase. The purchase price will be refunded in full. Order goods, exhibition items, remaining stock and partial quantities from packaging units and partial quantities from sets are expressly excluded from this.
- Consumers within the meaning of the Consumer Protection Act can withdraw from a contract subject to the Distance and Away Business Act (FAGG) within 14 days without giving reasons. The cancellation period begins on the day on which the consumer or a third party named by him who is not acting as a carrier took over the goods. In the case of a purchase contract for several goods as part of a single order, the cancellation period begins as soon as the buyer or a third party named by him has accepted the last partial shipment, the last goods or the last piece. The day of acceptance is not included in the deadline. Saturdays, Sundays and public holidays are included in the calculation of the deadline. The timely dispatch of the declaration of withdrawal or the return of the goods is sufficient to meet the withdrawal deadline.
- In order to exercise your right of withdrawal, you must send a clear statement to Wine-In-Time GmbH, Wipplingerstraße 12, 1010 Vienna, Tel.: + 43 1 532 35 18, email: email@example.com (e.g. a letter or e-mail) about your decision to withdraw from this contract. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
If you want to revoke the contract, please fill out this form and send it back:
I/we (*) hereby revoke 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 the consumer(s)
– Signature of the consumer(s) (only if notification is made on paper)
Consequences of withdrawal: If you withdraw from this contract, Wine-In-Time has received payments received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you use a different type of delivery than that of Wine-In-Time Time have chosen the cheapest standard delivery) immediately and at the latest within fourteen days from the day on which Wine-In-Time received notification of your cancellation of this contract. For this repayment, Wine-In-Time uses the same means of payment that you used in the original transaction, unless something else was expressly agreed with you. Under no circumstances will you be charged any fees for this repayment. Wine-In-Time may refuse repayment until Wine-In-Time has received the goods or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to Wine-In-Time GmbH, Wipplingerstraße 12, 1010 Vienna, immediately and in any event no later than fourteen days from the day on which you inform Wine-In-Time of the cancellation of this contract . The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs and the risk of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- ORDERS, CONTRACTUAL PROVISIONS, DELIVERY PERIOD, DELIVERY OBSTACLES, WITHDRAWAL FROM THE CONTRACT
- Wine-In-Time accepts orders by telephone or e-mail at the head office (Monday to Saturday 6:00 p.m. to 11 p.m.) or via the Internet online shop. The order times can be changed by Wine-In-Time from time to time according to the information in advertising mailings or in the Internet online shop. If orders are received outside of the ordering times, they are only deemed to have been received at the beginning of the ordering time on the next working day. When placing the order, the customer must specify a desired delivery date as well as an alternative date and the exact place of delivery. The customer is obliged to ensure that the ordered goods are properly taken over at the specified delivery location on these dates. Wine-In-Time sends the customer a written (including email) order confirmation with all relevant order data. Wine-In-Time does not store any contractual provisions other than the data entered for the order. The data cannot be called up by the customer, but is sent to the customer together with the order confirmation.
- In the event of non-acceptance of ordered goods, Wine-In-Time is entitled to demand compensation for the additional expenses incurred, such as frustrated transport costs. In the event of non-acceptance, Wine-In-Time is entitled to deduct 25 euros from the amount paid. This does not apply if Wine-In-Time does not provide its services in accordance with the contract.
- Orders are accepted subject to delivery options. Wine-In-Time reserves the right to allocate smaller quantities to the customer if a product is oversubscribed. If delivery or compliance with an agreed delivery period becomes impossible due to circumstances for which Wine-In-Time is not responsible, the obligation to deliver on the scheduled delivery date expires. Circumstances for which Wine-In-Time is not responsible include: difficulties in obtaining the goods, operational disruptions (including those of Wine-In-Time’s suppliers), traffic disruptions, lockouts and strikes, and all cases of force majeure. In such cases, Wine-In-Time will contact the buyer immediately in order to arrange an alternative date for the prevented delivery. If the buyer is offered a new delivery date by Wine-In-Time, which is no later than two weeks after one of the originally agreed delivery dates, and the delivery is also carried out properly on this new date, a timely delivery by Wine-In-Time is Time in terms of the purchase contract.
- Can Wine-In-Time not offer the buyer a new delivery date in accordance with point 6.3 or cannot the new delivery date from the cases mentioned in point 6.3 (impossibility of delivery on the agreed date due to circumstances for which Wine-In-Time is not responsible). are complied with, Wine-In-Time is entitled to withdraw from the contract in whole or in part without being liable for damages. In these cases, the buyer can also withdraw from the contract.
- In the case of divisible services, the buyer has no right of withdrawal with regard to parts that can be delivered, insofar as parts of the service can be performed and used by the buyer. Under the same conditions, or if the remaining parts can be delivered on time (in the sense of point 6.3), the buyer is not entitled to refuse acceptance of partial deliveries.
- Assurances, such as the usability or special properties of the goods, or statements by Wine-In-Time employees are non-binding and do not constitute an express assurance of specific properties if they are not made in writing (including by e-mail).
- Warranty claims presuppose that defects are reported to Wine-In-Time immediately, namely recognizable defects immediately upon acceptance, hidden defects after discovery, and upon presentation of the opened goods and the original invoice.
- A warranty claim is in any case limited to the purchase price of the delivered and defective goods.
- Wine-In-Time fulfills its warranty obligations at its discretion either by delivering goods free of defects, improvement, subsequent delivery of missing quantities or rescission of the contract (i.e. repayment of the purchase price) within a reasonable period of time.
- For transactions with consumers within the meaning of the Austrian Consumer Protection Act, points 7.1 apply instead. to 7.4. that, in the event of a defect, the customer can request improvement, replacement of the item, reasonable price reduction or rescission at his own discretion and in compliance with the statutory provisions.
- Reasons for taste, commercial or minor, technically caused deviations in quality, quantity, color, size, weight, equipment or design as well as age-related changes in taste, color and packaging do not constitute warranty defects or non-fulfilment of the contract.
- Wine-In-Time is not liable for taste, color, material and sample correspondence or other characteristics of the re-ordered goods. The same applies to goods ordered based on a sample, provided the deviation is within the customary and technical limits.
- Any warranty is excluded after the goods have been tasted, consumed or processed or processed.
- The warranty period is 2 years from the time of the transfer of risk according to point 4.
- Points 7.6 to 7.8 do not apply to transactions with consumers within the meaning of the Consumer Protection Act.
- LIABILITY FOR DAMAGES
- Wine-In-Time is liable for damages according to the legal regulations. However, liability for damage caused by slight negligence is excluded. The limitation of liability does not apply to damage resulting from injury to life, limb or health or to claims under the Austrian Product Liability Act.
- Entrepreneurs have to prove the existence of intent or gross negligence. Liability for lost profits and other consequential damages is excluded for entrepreneurs. Furthermore, liability towards them is limited to 10% of the purchase price. Compensation for (defect) consequential damage, other property damage, financial loss and damage from third-party claims against the customer is also excluded for entrepreneurs.
- Point 8.1 does not apply to transactions with consumers within the meaning of the Austrian Consumer Protection Act.
- YOUTH PROTECTION
- Wine and spirits can only be sold and delivered to persons over the age of 18. In order to comply with legal regulations, Wine-In-Time is entitled to hand over goods only after legitimation by means of an official photo ID. In the event of a justified refusal to hand over the goods, the customer is obliged to compensate for the damage actually incurred (e.g. delivery costs).
- By placing the order, the customer assures that he or the recipient of the goods is older than 18 years.
- CUSTOMER SERVICE
Our customer service for questions, complaints and complaints is available on weekdays from 6:00 p.m. to 11 p.m
Telephone: + 43 1 532 35 18
- OTHER PROVISIONS
- The place of performance for both Wine-In-Time and the buyer is Wine-In-Time’s business address. This does not apply to consumer contracts.
- The competent court in Vienna shall have exclusive jurisdiction to decide all disputes arising in connection with contractual relationships in which no consumer is involved.
- The contract is subject to Austrian law to the exclusion of the UN sales law with the restriction that mandatory provisions of the law of the state in which the consumer has his habitual residence are not superseded.