Terms of service

Validity

Unless expressly agreed otherwise, ourGeneral TERMS AND CONDITIONS OF SALE apply exclusively. General terms andconditions of sale or similar documents of our contractual partner shall not bepart of the contract, not even subsidiary. These General TERMS AND CONDITIONSOF SALE may be amended by us at any time and shall apply in the version validat the time of the customer's order. By placing an order, the customer agreesto these General TERMS AND CONDITIONS OF SALE. 

Offer

Our offers are non-binding. We expressly reserve the right to make changes atany time. Customer’s orders are only valid as an offer to conclude a contract.We are entitled to refuse an order without giving a reason. We accept ordersfrom Monday to Friday from 9:00 am to 5:00 pm. If orders are received outsidethese times, they will be deemed to have been received only at the beginning ofthe next working day. 

Price

If no justified objection is raised in writing against our invoice within 2weeks, it shall be deemed to have been approved. Unless expressly statedotherwise, all prices quoted by us are exclusive of transport costs andapplicable VAT and/or other taxes. In case of invoicing, the statutory VAT willbe added to these prices.Deliveries outside Austria may be subject to additional duties and/or taxes(including any import or export duties and any excise duties which may lead toa modification in the gross prices offered) which shall be borne by the buyer.

 Terms of payment

The purchase price is due upon conclusion of the contract, at the latest ondelivery, without deductions. The payment is only deemed to have been made ontime if the amount is received or credited to our account by the due date. Ifthe buyer fails to make even a partial payment within the payment periodarranged for a possible discount deduction, they shall lose their cash discountclaim not only with respect to this partial payment, but also with regard to all payments already made or to be made later. When paying with vouchers, nocredit note can be issued for remaining amounts. The redemption period forvouchers depends on the specified date. 

Default interest

Even in the event of default in payment through no fault of the buyer, we shallbe entitled to charge default interest in the amount of 10% above the baseinterest rate per annum; this shall not affect claims for compensation forproven higher interest, damages etc. 

Transport - Risk assumption

In the absence of an express arrangement to the contrary, the costs and the riskof transport for deliveries shall be borne by the buyer. If the goods arepicked up by the buyer, use and risk are transferred to the buyer uponhandover. A collection by the buyer takes place exclusively after previoustelephone arrangement and only at BIOWEINGUT Lenikus, 1190 Vienna, Cobenzlgasse2. In the event of non-acceptance of ordered goods, we shall be entitled todemand compensation for the additional expenses incurred as a result. 

Retention of ownership

The goods remain our property until full payment of the purchase price as wellas all costs and expenses. A resale shall only be permissible if we have beennotified thereof in good time in advance, stating the name or company name andthe exact business address of the buyer, and we have agreed to the resale. In theevent of our consent, the purchase price claim shall be deemed to be assignedto us and we shall be entitled at any time to notify the third-party debtor ofthis assignment. In the event of a plurality of claims on our part, paymentsmade by the debtor shall be primarily attributed to those of our claims whichare not (no longer) secured by a reservation of ownership or other securities.In the case of even a partial delay in payment, the buyer hereby agrees that wecan collect the goods at their expense at any time.In case of delay, we shall be entitled to assert our rights under thereservation of ownership. It is arranged that the assertion of the retention ofownership does not constitute a withdrawal from the contract, unless we expressly declare the withdrawal from the contract. 

Place of fulfilment

Place of fulfilment is 1190 Vienna, Cobenzlgasse 2, both for our performance and the consideration. 

Non-performance/delay in delivery and performance/default of acceptance

The buyer must accept slight delays in delivery or delays in delivery for which weare not at fault without any claim for damages or right of withdrawal.Customary, minor or technical deviations in quality, quantity, etc. shall notconstitute warranty defects or non-performance of the contract. If ourcontractual partner is in default of acceptance, we are entitled either tostore the goods with us, for which we charge a reasonable storage fee percommenced calendar day and at the same time insist on the performance of contract, or to withdraw from the contract after setting a reasonable period ofgrace and use the goods elsewhere. In addition, we are entitled to demand compensation for all expenses incurred by us as a result, e.g. transport costs. 

Unilateral performance changes

Minor changes to our performance or delivery obligations may be made by us.This applies in particular to delivery delays. 

Warranty/damages/liability

The conversion by the buyer is excluded by mutual agreement. We reserve theright to fulfil the warranty claim of our discretion through improvement,replacement or price reduction. The transferee must always prove that thedefect was already present at the time of transfer. The goods must be inspectedimmediately after delivery, broken bottles must be confirmed by the carrier. Any defects discovered must also be notified to the seller immediately, but no later than within 2 days of delivery, stating the nature and extent of thedefect. Hidden defects must be reported immediately after their discovery. If acomplaint is not filed, or is not collected in time, the good is deemed to be approved. The assertion of warranties or claims for damages as well as theright to challenge claims for defects are excluded in these cases. The warranty period is 3 months from the date of acceptance of the goods by the buyer. Weare not liable for the taste, colour, material or other characteristics of thegoods. Commitments, such as usability or special features are alwaysnon-binding and do not constitute an express warranty of certain characteristics. After tasting, consumption or begun processing of the goods,any warranty is excluded. After acceptance of the goods, glass breakage inparticular shall not constitute a reason for asserting warranty claims.All claims against us, for whatever legal reason, must be made in writing within 2 weeks after the facts giving rise to the claim, otherwise they shallexpire. Any claims against us shall expire in any case 3 months after theperformance of our service or delivery. Our liability for slight and grossnegligence, loss of profit as well as for consequential damages and financiallosses shall be excluded by mutual agreement. Any recourse claims directedagainst us by contractual partners or third parties under the title "ProductLiability" as defined by PHG are excluded. All claims against us are inany case limited by the invoice value of the goods defective and delivered byus. 

Offsetting

An offsetting against our claims with counter-claims, of whatever kind, is excluded.

Prohibitions to refuse performance and prohibitions to withhold payment

Justified complaints do not entitle the customer to withhold the entire invoice amount,but only a reasonable part of it. 

Protection of minors 

Alcoholic beverages are only delivered to persons over the age of 18. Byplacing the order, the customer assures that they or the recipient of the goodsare over the age of 18. To comply with the statutory provisions, we areentitled to deliver the goods only after having been legitimised by an official photo ID. In the case of legitimate refusal of delivery, the customer isobliged to compensate for the damage actually caused. 

Data processing and customer data 

Bioweingut Lenikus processes the necessary personaldata for the purpose of performance of contract. The detailed data protectioninformation (data protection notice) pursuant to Art 13 et seq. GDPR can befound on our homepage at: https://bioweingutlenikus.at/datenschutzerklaerung/.The customer agreesthat their data, obtained from the business relationship, can be automaticallystored, processed and transmitted to the companies or persons involved in thebusiness transaction by the Bioweingut Lenikus.Customers who have auser account have the right to free information, rectification, blocking anderasure of their stored data at any time. You may contact us about this matterin writing at the e-mail address office@bioweingutlenikus.at or by telephone at+43 1 516 31 516, as well as by post at the address indicated in the imprint.This right is only limited insofar as we can suspend the erasure to protect ourclaims. Otherwise, the datawill be treated confidentially in accordance with the Data Protection Act and,where possible, protected against unauthorised access.Fundamentally, using the web pages of BioweingutLenikus is possible without any indication of personal data. When websites areaccessed, a series of general data and information are collected by default,such as the date and time of access or IP address, which are then stored in thelog files of the server. However, if special services are used by BioweingutLenikus, a processing of personal data may become necessary. If the processingof personal data is required and there is no legal or contractual basis forsuch processing, the consent of the data subject is generally sought for. The data entered by the user within the scope ofregistration on all websites or in forms of Bioweingut Lenikus will be used forthe purposes of the use of the offer. The Bioweingut Lenikus stores on thewebsites with registration function or in forms the personal data provided withconsent during registration as a personal profile, so that upon future visitsto the respective Bioweingut Lenikus website the user can be logged in withusername and password. Upon the registration on the websites using theregistration feature or by means of forms, the customer agrees to the use ofthe personal data provided by them, such as name, address, e-mail address,telephone number, bank data for the proper performance of contract, for billingand for advertising purposes. Customer-related data is stored andprocessed for customer care purposes and is only passed on to third parties ifthis is necessary for the performance of contract. The Bioweingut Lenikus also sends by emailadministrative notifications, which are part of the use of the respectiveproduct. Service messages inform about important changes regarding thesubscribed product. Unsubscribing from these e-mail notifications is onlypossible if the contractual relationship regarding the use of the product hasbeen terminated. 

Categories of data: Order data, customer data, contactdetails, bank data, user data

Purpose: Registration function, user account, account management,offsetting

Legal basis: Performance of contract, legitimate interest, consent,legal obligation 

Data storage

Bioweingut Lenikus processes personal data, as faras necessary, for the duration of the business relationship (initiation,processing and termination of a contract) as well as beyond that according tothe legal duties of storage and documentation, which result among other thingsfrom the Austrian Commercial Code (Unternehmensgesetzbuch - UGB), or for theassertion, exercise or defence of legal claims. In addition, the storage period is also assessedaccording to the statutory limitation periods, which, for example, according tothe General Civil Code (Allgemeines Bürgerliches Gesetzbuch - ABGB) cangenerally be 30 years, but in certain cases only 3 years. Personal data will therefore be deleted aftercomplete execution of the contract, revocation of consent or objection, as longas the storage is not required to fulfil a legal obligation or for theassertion, exercise or defence of legal claims. 

Rights of the data subject: In principle, the data subject has the right toinformation, rectification, erasure, restriction, data portability andobjection. 

Right to information: The data subject mayrequest confirmation from Bioweingut Lenikus as to whether they are processingthe personal data in question. If this is the case, the data subject has theright to information concerning these personal data and the informationreferred to in Art. 15 para. 1 GDPR (such as processing purposes, the categoriesof personal data). 

Right to rectification: The data subject hasthe right to ask Bioweingut Lenikus for rectification of their incorrectpersonal data. 

Right to erasure: The data subject has the right toerasure of their personal data, for example -in the case when such data are no longer necessary in relation to the purposes for which they were collected orotherwise processed, or

-if they are processed unlawfully, or

- in the case of processing based on aconsent declaration, if the data subject revokes their consent. However, the right to erasure does not apply if the exceptions listed in Art. 17 para. 3 GDPR are applicable, for example if theprocessing is necessary to fulfil a legal obligation under EU law or Austrianlaw (e.g. statutory storage obligations) or for the assertion, exercise ordefence of legal claims.

Restriction of processing: The data subject hasthe right to restriction of processing, if

- the accuracy of the personal data iscontested by them, for a period enabling Bioweingut Lenikus to verify theaccuracy of the personal data,

- the processing is unlawful and there isa refusal to the erasure of the personal data and instead there is a requestfor the restriction of the use of the personal data;

- Bioweingut Lenikus no longer needs thepersonal data for the purposes of the processing, but the data subject requiresthese data for the establishment, exercise or defence of legal claims, or

- the data subject has objected to processing pursuant to Art. 21 para. 1 GDPR (see below), as long as it is notyet clear whether the legitimate reasons of Bioweingut Lenikus outweigh thelegitimate reasons of the data subject. 

Right to object: Pursuant to Art. 21para. 2 GDPR, the data subject has the right to object to the processing ofpersonal data if the processing of personal data 

- is carried out to safeguard thelegitimate interests of Bioweingut Lenikus. The data processing by BioweingutLenikus is omitted, if there is an overriding protection interest of the datasubject.

- is carried out for the purpose of directmarketing. This can be contradicted at any time without giving reasons.

- is carried out by means of automateddecision-making (profiling). Then you can object at any time without givingreasons. 

Right to data portability: A data subject hasthe right to have the data provided to Bioweingut Lenikus in a structured,common and machine-readable format, provided that Bioweingut Lenikus processessuch data on the basis of a given and revocable consent or in order to fulfil acontract with Bioweingut Lenikus, and such processing is carried out usingautomated procedures. The data subject has the right to communicate this datato another data controller. If technically feasible, it also has the right todirect transmission from one data controller to another. If the data subject thinks that the processing of their data violates the data protection laws or their data protection claimshave been violated in another way, they may also file a complaint with thesupervisory authority. 

Copyright

It is expressly pointed out that all retrieved data and services are protected by copyright. The user is thus not entitled to usethe retrieved services, except for their own purposes within the meaning of Section 42 of the Austrian Copyright Act (Urheberrechtsgesetz - UrhG) and is not entitled in particular - without the prior consent of Bioweingut Lenikus -to reproduce them in whole or in part or distribute them further. 

Right of withdrawal 

Entrepreneurs have no right of withdrawal. For consumers within the meaning of the Consumer Protection Act who have placed an order by means of distanceselling, the following applies: The buyer has the right to cancel the contractwithin fourteen days without stating a reason. The withdrawal period shall befourteen days from the date on which the buyer or a third party other than thecarrier designated by the buyer has taken possession of the goods. In the caseof a contract of sale for several goods, the withdrawal period shall commenceas soon as the buyer or a third party designated by the buyer other than thecarrier has taken possession of the last partial shipment, the last goods or the last piece. In order to exercise this right of withdrawal, the buyer must inform us, BIOWEINGUT Lenikus GmbH, A-1190 Vienna, Cobenzlgasse 2, Tel: +4313203590, e-mail: office@bioweingutlenikus.at, by means of a clear statement(e.g. a letter sent by post, fax or e-mail) about their decision to withdrawfrom the contract. The buyer may use the following sample withdrawal form forthis purpose, which is, however, not mandatory:


 “To BIOWEINGUT Lenikus GmbH Cobenzlgasse 2A-1190 Wien

I/we(*) hereby cancel the contract concluded by me/us (*) for the purchase of thefollowing goods (*)/the provision of the following services (*):

________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Ordered on (*)/received on (*)

Name(s)of the consumer(s)

Address(es)of the consumer(s)

____________________________

Signature of the consumer(s) (only when notified on paper)

Date_______________(*)

Delete as appropriate.”

In order to comply with the withdrawal period, it is sufficient for the buyer to send notification of the exercise of the right of withdrawal before the expiryof the withdrawal period.

 Consequences of the withdrawal

Ifthe buyer withdraws from this contract, we shall reimburse them immediatelyand, at the latest, within fourteen days from the date of receipt of thewithdrawal notification, for all payments we have received from them, includingdelivery costs (except for additional costs arising from the buyer havingchosen a different type of delivery than the cheapest standard delivery offeredby us). For this repayment, we use the same means of payment that the buyerused in the original transaction, unless expressly otherwise agreed with thebuyer; in no case shall any fees be charged to the buyer for this repayment. Wemay refuse repayment until we have received the goods back or until the buyerhas provided evidence that they have returned the goods, whichever occursearlier. The buyer must return the goods immediately and in any case nolater than fourteen days from the date on which they inform us of thecancellation of this contract to our address BIOWEINGUT Lenikus GmbH, 1190Vienna, Cobenzlgasse 2. The deadline shall be deemed to have been observed ifthe buyer sends the goods before the expiry of the period of fourteendays. The buyer bears the direct costs of returning the goods. The buyer shall only compensate for a possible loss in value of the goods, if thisloss in value is due to a handling of the goods which is not necessary fortesting their condition, properties and functionality. Since the goods offeredare beverages, only unopened and undamaged beverage bottles can be taken backfor health and hygiene reasons. 

Choice of law and jurisdiction

Austriansubstantive law shall apply to this contract, the applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. Thecontractual language shall be German.The competent court in 1010 Vienna shall have local jurisdiction to decide onall disputes arising from this contract. However, we also have the right to sueat the general place of jurisdiction of the contractual partner. 

Formalities/legal ineffectiveness 

All agreements, subsequent amendments, supplements, subsidiary agreements etc.must be in writing in order to be valid. These General TERMS AND CONDITIONS OF SALE shall apply to consumers insofar as they are not contradicted by mandatorydeviating statutory provisions, in particular the Consumer Protection Act.Should any provision of these General TERMS AND CONDITIONS OF SALE or any otherpart of the contract become legally invalid for any reason whatsoever, allother provisions shall remain unaffected. The unlawful provision shall bereplaced by one that comes closest to the economic purpose. This also applies to omissions.

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