GTC

1. Validity
These terms and conditions (in the following also only briefly called GTC) govern the contract terms for the entire business relationship (sales, deliveries, services, offers) of Weingut Schloss Halbturn (this includes Weingut Schloss Halbturn GmbH, Weingut Schloss Halbturn GmbH & Co KG, the German sales company AFW Austrian Fine Wine (DE) GmbH, the Swiss sales company AFW Austrian Fine Wine GmbH, the Dutch sales company AFW Austrian Fine Wine B.V.; in the following also only briefly called WGSH) with the customer, no matter whether this is done online via the online shop www.austrianfinewine.com, by telephone, e-mail, fax or post. Opposing or from these trading conditions deviating conditions only apply when these are agreed upon in writing.

2. Conclusion of contract
An order is a request to conclude a contract. The order can be placed online, by telephone, e-mail, fax or post. In any case, the contract is only concluded with a definitive order confirmation and / or delivery by WGSH. By placing an order the customer fully accepts the GTC of WGSH and are these the basis for the transaction.

3. Offer, price and invoice
The entire product range of WGSH is subject to change and while stocks last. WGSH reserves the right to a reduction and / or non-fulfilment of the order. The prices published at the time of the order are valid for the order. The availability of the products as well as the correction of typos and obvious errors is excepted. Any liability in connection with the offer of WGSH (especially a false picture, and / or text and / or prices) and the delivery is excluded, if permitted by law. The bottle photos shown on the website are generally symbolic.

Unless otherwise stated, the prices shown are retail prices in Euro (or for Switzerland and Liechtenstein Swiss Francs) excluding shipping costs (see point 8 of these GTC) from Weingut Schloss Halbturn, A-7131 Halbturn (or for Switzerland and Liechtenstein from the Swiss warehouse).

If no justified objection to the invoice of WGSH is raised in writing within 2 weeks, it is assumed to be accepted. WGSH is also entitled to make partial invoices if deliveries are made in parts.

4. Availability
As certain wines are only available in limited quantities, WGSH reserves the right to make partial deliveries or not to fulfil the order. Orders will be taken into account in each case after the date of entry. WGSH is entitled, but not obliged, unless individual wines are no longer available to provide follow-up vintages.

5. Terms of Payment and reminder & collection charges
In the absence of any agreement to the contrary, WGSH's claims are to be paid promptly after receipt of the goods, free of charges and without any deduction, to WGSH's account, or in cash concurrently with delivery of the goods. For new customers, WGSH reserves the right to request an advance payment of the order, whereby the order will be delivered promptly after receipt of payment. Payments shall only be deemed to have been made at the time of receipt on WGSH's business account.

In case of default of payment - even if the delay in payment is involuntary - WGSH shall be entitled to charge interest on arrears at a rate of 10%; this shall not affect claims for compensation for proven higher interest. After expiry of the payment period, WGSH shall be entitled, after a single reminder, to cancel the order or to charge 1% interest on arrears per month plus EUR 25,-- (for Switzerland and Liechtenstein CHF 50,--) reminder fee, at its option. If WGSH carries out the reminder procedure itself, the debtor undertakes to pay an amount of EUR 12,-- (for Switzerland and Liechtenstein CHF 25,--) per reminder and an amount of EUR 25,-- (for Switzerland and Liechtenstein CHF 50,--) per half-year for keeping the debt in the reminder procedure. In case of default of payment, WGSH is further entitled to collect claims by means of debt collection agencies and / or through legal proceedings. In the event of default, the debtor undertakes to reimburse WGSH for any reminder and collection costs incurred, as well as for the costs of legal proceedings, in so far as they are necessary for appropriate prosecution, whereby he undertakes in particular to reimburse, at the most, the fees of the debt collection agency involved, which are based on the statutory maximum rates of the debt collection agencies.

6. Contract withdrawal
In case of default of acceptance (see also point 8. of these GTC) or other important reasons, such as in particular bankruptcy of the customer or rejection of bankruptcy for lack of assets, as well as in case of default of payment of the customer, WGSH shall be entitled to withdraw from the contract, provided that it has not yet been completely fulfilled by both parties. In the event of default of payment by the customer, WGSH shall be released from all further obligations of performance and delivery and shall be entitled to withhold outstanding deliveries or services and to demand advance payments or securities, or to withdraw from the contract after setting a reasonable grace period. If the customer - without being entitled to do so - withdraws from the contract or requests its cancellation, WGSH shall have the choice to insist on the performance of the contract or to agree to the cancellation of the contract; in the latter case, the customer shall be obliged to pay, at WGSH's option, a lump-sum compensation of 15% of the gross invoice amount or the actual damage incurred.

7. Revocation
Private customers or consumers have the right to cancel a contract without giving reasons. This right of withdrawal does not apply to entrepreneurs or commercial customers. The withdrawal period shall be fourteen days from the date on which the customer or a third party, other than the carrier, occupy the goods. The goods must be returned in their original packaging and undamaged. The return takes place at the price valid at the time of the original purchase.

In order to exercise the right of withdrawal, the customer must inform the seller about his decision to withdraw from the contract by means of a clear explanation (e.g. e-mail, letter or fax). To safeguard the withdrawal period it is sufficient that the customer sends the message about the right of withdrawal before the expiration of the withdrawal period.

Please contact the following companies to withdraw your consent:

Shop Austria, Germany, Netherlands and International
Weingut Schloss Halbturn GmbH & Co KG
Parkstraße 4, A-7131 Halbturn
E shop@austrianfinewine.com
F +43 2172-20162-14

Shop Switzerland and Liechtenstein
AFW Austrian Fine Wine GmbH
c/o PD Services AG
Mühlebachstrasse 6, CH-8008 Zurich
E shop@austrianfinewine.com
F +43 2172-20162-14

Effects of revocation: If the customer cancels the contract, the seller must repay all payments made by the customer immediately and at the latest within fourteen days from the day on which the seller received notification of the cancellation of this contract.

For this repayment the seller uses the same method of payment that the customer has used in the original transaction, unless something else has been expressly agreed with the customer. Under no circumstances will the customer be charged for this repayment. The seller can refuse the repayment until he has received the goods back and had the opportunity to check the goods.

The customer must send the goods back immediately to the return address of the respective shop (see above), but no later than fourteen days from the day on which he informed the seller of the cancellation. The deadline is met if the customer sends the goods before the period of fourteen days has expired. The customer bears the direct costs of returning the goods. The customer only has to pay for any diminished value of the goods, if this loss in value is due to an unnecessary handling with them.

8. Delivery, transport and default of acceptance
The delivery takes place after acceptance of the order to the delivery address chosen by the customer up to the kerb. WGSH reserves the right to make partial deliveries without the order being invalidated. WGSH's sales prices do not include delivery costs or any customs or other charges.

The transport will be provided or organized by WGSH - if the customer does not collect the goods on site or has them collected by a third party - against payment. The following transport regulations shall apply, unless otherwise agreed.

Austria

shipping costs: EUR 15,00 per 6 bottles or EUR 20,00 per 12 bottles
free delivery: order value above EUR 340,00
Delivery and billing are done by Weingut Schloss Halbturn GmbH & Co KG

Germany

shipping costs: EUR 24,00 per 6 bottles or EUR 30,00 per 12 bottles
free delivery: order value above EUR 340,00
Delivery and billing are done by Weingut Schloss Halbturn GmbH & Co KG

Switzerland and Liechtenstein

shipping costs: CHF 28,00 per 12 bottles (minimum CHF 28,00)
free delivery: order value above CHF 2.000,00
If an order is placed that involves no complete packaging unit (either 6 or 12 bottles per sort / vintage of the same wine; rarities are delivered in boxes of 1, magnums in boxes of 3, spirits in boxes of 2) or products that are not in stock, delivery will take considerably longer, as these special compilations are made in Austria and then transported to Switzerland with the next collective delivery - this can take up to 8 weeks.
Delivery and billing are done by the Swiss sales company AFW Austrian Fine Wine GmbH

Netherlands

shipping costs: EUR 30,00 per 6 bottles or EUR 35,00 per 12 bottles
free delivery: order value above EUR 500,00
Delivery is done by Weingut Schloss Halbturn GmbH & Co KG and billing by the Dutch sales company AFW Austrian Fine Wine B.V.

International

For deliveries to other international countries third party costs incurred (including shipping costs and any extra costs) will be charged. The purchaser must ensure that the relevant provisions of the importing country, for the purchase of goods, are observed and complied with. Please note that due to legal regulations of individual countries, we do not deliver throughout the EU or worldwide. We are happy to inform you individually about deliveries to other countries. Delivery and billing are done by Weingut Schloss Halbturn GmbH & Co KG.

If the customer has not taken over the goods as agreed (default of acceptance), WGSH shall be entitled, after an unsuccessful grace period, either to store the goods at WGSH, for which WGSH may charge a storage fee of 0.1% of the gross invoice amount per commenced calendar day, or to store the goods at the expense and risk of the customer at a company authorized to do so. At the same time, WGSH shall be entitled either to insist on the performance of the contract, or, after having granted a reasonable grace period of at least 2 weeks, to withdraw from the contract and to use the goods otherwise, as well as to claim any damage suffered from the customer.

Deliveries are made as standard in original packaging, in case of small deliveries in special transport boxes. On request, deliveries can be made in wooden boxes for an additional charge; the prices for this will be announced by WGSH on request. Large formats are calculated as a multiple of a 0.75 litre bottle. Delivery is usually within 3 - 5 days after order confirmation, possibly also within a shorter period of time. Any costs for express delivery are to be paid by the customer and will be invoiced separately. The customer must ensure that the respective regulations of the import country for the purchase of the goods are observed and complied with. In particular, it is pointed out that the responsibility for the payment of any taxes and / or customs duties or any other fees applicable in the country of the recipient of the goods is to be paid by the Customer and that the Customer shall indemnify and hold WGSH harmless for this.

9. Delivery deadline
WGSH is only obliged to carry out the execution of the services once the customer has fulfilled all his obligations. WGSH is entitled to exceed the agreed delivery dates and times by up to two weeks. Only on the expiration of this term may the customer withdraw from the contract after giving an appropriate period of notice (at least 2 weeks).

10. Place of fulfillment
Weingut Schloss Halbturn GmbH & Co KG, Parkstraße 4, A-7131 Halbturn, unless otherwise stated. For business relations in Switzerland and Liechtenstein: AFW Austrian Fine Wine GmbH c/o PDS AG in CH-8008 Zurich, Mühlebachstrasse 6. For business relations in the Netherlands: AFW Austrian Fine Wine B.V., Molenstraat 20, NL-7551DC Hengelo.

11. Minor changes in performance
If the transaction is not a consumer business, minor or other changes by WGSH to the service or delivery obligation that are reasonable for the customer shall be deemed to have been approved in advance. In particular, WGSH shall be entitled, but not obliged, to deliver subsequent vintages if individual wines are no longer available.

12. Warranty, investigation obligation & reprimand duty and transfer of costs & risks
WGSH fulfils warranty claims of the customer in all cases, either by exchange within an appropriate period or a price reduction. Redhibitory action (cancellation of a contract) may only be claimed by the customer if the defect is substantial and exchange or a price reduction is judged to be not reasonable by the customer. Customer's claims for damages, which aim at remedying the defect by replacement, can only be asserted if WGSH is in default with the fulfilment of the warranty claims. If the customer claims the existence of a defect, any resulting claims, in particular for warranty or damages, can only be asserted if the customer proves that the defect already existed at the time of delivery of the goods. The customer must check the goods immediately after delivery, but at the latest within 6 working days. Any defects noted should be communicated immediately to WGSH or at the latest within 3 working days after their discovery and by giving details on the kind and scope of the defects via email to shop@austrianfinewine.com. Hidden defects must be reported to WGSH in writing immediately or at the latest within 3 working days after their discovery. If a notification of defects is not made or not made in time, the goods shall be deemed approved. WGSH shall take back without any objections any defective or wrong deliveries notified in due time and shall grant replacement. A credit note (in the amount of the objectionable purchase price) shall only be issued if no replacement can be made. Broken bottles must be confirmed by the carrier. The costs and the risk of loss or damage for the ordered wines shall pass to the customer upon delivery of the ordered goods to the carrier.

13. Cork
Fortunately, a problem that is rarely encountered at top wines as their producers use only the best corks. In experience of WGSH every fifth supposed cork-taste is actually one. If WGSH replaces objected bottles, WGSH has to factor this risk into margins. WGSH forbears from charging a cork-risk-premium and asks for understanding that WGSH does not treat cork as a defect and cannot take back opened bottles.

Cork is a natural product. In the course of storage, due to the never completely tight connection between the natural cork and the bottle neck, there is usually a slight decrease due to evaporation, because even the best cork is not so elastic that it completely fits tightly the microscopically rough surface of the bottle neck. A possible lower filling level (and consequently also filling quantity), which results over the years due to age or storage, does not entitle the customer to a replacement or complaint.

14. Compensation
All claims for damages are excluded in cases of slight negligence. The existence of gross negligence must be proven by the injured party, unless it is a consumer business. If it is a consumer business, the limitation period for claims for damages is three years from the transfer of risk. The provisions on damages contained in these GTC or otherwise agreed upon conditions shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim.

15. Product liability
Recourse claims in the sense of the relevant legal provisions are excluded, unless the party entitled to recourse proves that the error was caused in the sphere of WGSH and was at least caused by gross negligence.

16. Retention of title and its claims
All goods are delivered under retention of title and remain the property of WGSH until full payment has been received. WGSH reserves the right to register the reservation of title with the competent authority. The assertion of the reservation of title shall only constitute a withdrawal from the contract if this is expressly declared. In case of return of goods, WGSH shall be entitled to charge incurred transport and handling expenses. In case of access of third parties to the reserved goods - in particular through seizure - the customer undertakes to point out the ownership of WGSH and to inform WGSH immediately. If the customer is a consumer or not an entrepreneur, whose ordinary business operations include trading with the goods purchased from WGSH, he may not dispose of the goods subject to retention of title, in particular he may not sell, pledge, give away or lend them until the outstanding purchase price claim has been paid in full. The customer shall bear the full risk for the reserved goods, in particular for the risk of destruction, loss or deterioration.

17. Assignments of a claim
In case of delivery under retention of title, the customer hereby assigns to WGSH his claims against third parties, as far as these arise from the sale or processing of WGSH's goods, until final payment of WGSH's claims. The customer shall, upon request, inform WGSH of his customers and notify them in due time of the assignment. The assignment shall be entered in the business books, in particular in the Open Item List, and shall be made visible to the customer on delivery notes, invoices, etc. If the customer is in arrears with his payments to WGSH, the sales proceeds received by him shall be separated and the customer shall hold them only in the name of WGSH. Any claims against an insurer are already now assigned to WGSH within the legal limits. Claims against WGSH may not be assigned without the express consent of WGSH.

18. Retention
If it is not a consumer business, the customer is not entitled to withhold the entire gross invoice amount, but only a reasonable part of it, if the complaint is justified - except in cases of rescission.

19. Applicable law and area of jurisdiction
In general, Austrian law and the contract language German shall apply, unless otherwise stated. The parties to the contract agree on Austrian jurisdiction with the competence of the Eisenstadt Regional Court or any other competent court in the district of Neusiedl am See. Swiss law applies to business relations in Switzerland and Liechtenstein. The ordinary courts at the registered office of AFW Fine Wine GmbH (Switzerland) are agreed as place of jurisdiction. Dutch law applies to business relations in the Netherlands. The ordinary courts at the registered office of AFW Fine Wine GmbH B.V. (Netherlands) are agreed as place of jurisdiction.

20. Youth protection, data protection and address change
Alcoholic beverages are sold in accordance with country-specific youth protection regulations. WGSH generally does not accept orders from customers under 18 years of age. The customer confirms the truthful disclosure of his data. The customer gives his consent that the personal data given in the order will be stored and processed automatically in fulfilment of this order. Customer information will be used exclusively by WGSH, the transfer of data to third parties is excluded. With his order, the customer acknowledges these GTC and confirms that he is entitled to purchase. The customer shall be obliged to inform WGSH of any changes of his residential or business address, as long as the legal transaction is not completely fulfilled by both parties. If the notification is omitted, declarations shall be deemed received even if they are sent to the address last notified by the customer. For the purpose of credit assessment, data may be exchanged with external service providers. WGSH shall be entitled to use the data provided for advertising purposes until revoked. A revocation can be made at any time in simple form to shop@austrianfinewine.com or by fax to +43 2172 20 162-14.

21. Copyright and disclaimer
WGSH points out that all contents and pictures of this site are protected by copyright, and their use, disclosure, reproduction or copying is not permitted without any written, explicit permission by WGSH. Unauthorized use of content and photos will be prosecuted. WGSH has carefully checked the provided information on this website and updates it regularly. However, no guarantee can be taken over for the completeness, accuracy and topicality of the content. Liability in this regard is excluded. Liability claims against WGSH, which refer to material or immaterial nature, which were caused by the use of any information provided incorrect or incomplete, are generally excluded. In particular WGSH is not liable for contents of linked external websites. WGSH hereby expressly object to the use of contact data, which are published within the scope of the imprint obligation, for the purpose of sending unsolicited advertising information, such as spam mails. WGSH explicitly reserves the right to take legal action in this case.

January 2022

Weingut Schloss Halbturn GmbH
Weingut Schloss Halbturn GmbH & Co KG
AFW Austrian Fine Wine (DE) GmbH
AFW Austrian Fine Wine GmbH
AFW Austrian Fine Wine B.V.