
General Terms and Conditions
1. Applicability: With the exception of all orders placed via the webshop of Weingut & Rebschule Burger GmbH & Co KG, FN 490853 v (this is available at www.weingut-rebschule-burger.at; please note that orders placed via the webshop are subject to separate terms and conditions, which are available at www.weingut-rebschule-burger.at), these General Terms and Conditions (hereinafter referred to as “GTC”) apply to all legal transactions and to all deliveries and services of Weingut & Rebschule Burger GmbH & Co KG, FN 490853 v (hereinafter referred to as “Weingut & Rebschule Burger”), with its contracting parties (hereinafter referred to as “contracting party”), even if no express reference is made to them. Any general terms and conditions of the contracting party that deviate herefrom only apply with the express consent of Weingut & Rebschule Burger. The GTC are on display at the business premises of Weingut & Rebschule Burger, and can be viewed and downloaded at www.weingut-rebschule-burger.at.
2. Conclusion of contract:
2.1. A contract is deemed to have been concluded upon delivery of the written order confirmation from Weingut & Rebschule Burger to the contracting party. The content of the order confirmation must be checked by the contracting party. The contracting party is required to notify Weingut & Rebschule Burger without undue delay in writing of any discrepancies with the original communication sent. Failing this, the legal transaction is deemed to have been concluded with the content as confirmed by Weingut & Rebschule Burger.
2.2. The attention of the contracting party is expressly drawn to the fact that agents of Weingut & Rebschule Burger are not authorised to make agreements that deviate from these GTC. Any such agreements must be confirmed in writing by the management of Weingut & Rebschule Burger.
2.3. Any information provided in catalogues, brochures, etc. is non-binding and only becomes part of the contract if express reference thereto is made in the order confirmation.
3. Delivery; place of performance:
Unless otherwise expressly agreed, the registered office of Weingut & Rebschule Burger at 3550 Langenlois, Zeiselberg 16 is deemed to be the place of performance for all deliveries and services. All goods shall be transported at the expense and risk of the respective contracting party of Weingut & Rebschule Burger. Attention is drawn to the fact that the goods offered by Weingut & Rebschule Burger comprise plants and other perishable products, hence it being expressly stated at this point that they must be properly transported. Weingut & Rebschule Burger accepts no liability in this respect, nor is it under any obligation to issue warnings. If the contracting party does not accept the delivery item, Weingut & Rebschule Burger is entitled, but not obliged, to withdraw from the contract after setting a grace period of 14 days and to demand compensation; in this case, it is agreed that the contracting party will immediately pay Weingut & Rebschule Burger a penalty amounting to
25% of the purchase price. Weingut & Rebschule Burger is also entitled to make claims against the contracting party for any further damages.
4. Terms of payment
Our invoices are payable net for all contracting parties (unless otherwise agreed in writing) 14 days after receipt and without deduction. Any discounts withheld will be subsequently charged, without exception, if they have not been agreed in writing. The contracting party is not entitled to a right of retention or a right of set-off unless the contracting party’s claim against Weingut & Rebschule Burger is undisputed or has been legally established. In the event of default of payment on the part of the contracting party or in the event of a breach of the buyer’s obligations arising from the agreed retention of title, Weingut & Rebschule Burger is entitled to withdraw from the contract without setting a grace period and to demand the return of the goods in its ownership at the expense of the contracting party and to collect them from the contracting party. The seizure of the delivered goods by Weingut & Rebschule Burger is not deemed to be a withdrawal from the contract. Furthermore, Weingut & Rebschule Burger is entitled to make new deliveries dependent on the settlement of due invoices. If used delivery items are taken back in cases of default of payment or violation of their ownership rights, the value of the returned goods to be reimbursed by Weingut & Rebschule Burger will only be credited by Weingut & Rebschule Burger after the delivery item has arrived. The return delivery is to be arranged by the contracting party at no cost to Weingut & Rebschule Burger. At the discretion of Weingut & Rebschule Burger, the goods may be taken back either by Weingut & Rebschule Burger or by a company commissioned by Weingut & Rebschule Burger.
In the event of late payment, Weingut & Rebschule Burger is entitled to charge interest on arrears in accordance with section 456 of the Austrian Business Code [Unternehmensgesetzbuch, UGB] and to claim dunning, collection and legal costs, insofar as they are necessary for appropriate legal action. This includes a fixed amount of EUR 40 for B2B transactions, irrespective of any additional collection costs (as defined in section 1333(2) of the Austrian Civil Code [Allgemeines Bürgerliches Gesetzbuch, ABGB]). Incoming payments must first be offset against dunning and collection costs and the costs of legal or judicial collection, then against the accrued interest on arrears and finally against the outstanding principal amount.
5. Warranty
The agreed deliveries and services are provided in accordance with the order confirmation.
Any minor deviations from a sample and/or brochure on which the offer or order confirmation is based (e.g. in terms of dimensions, weight, quality and colour) that do not negatively impact the intended use are considered defects of no consequence and deemed approved in advance.
Weingut & Rebschule Burger expressly reserves the right to make changes and improvements to the agreed deliveries and services based on new empirical and/or new scientific findings.
If the contracting party is an entrepreneur, it must inspect deliveries and services of Weingut & Rebschule Burger without undue delay upon acceptance and notify Weingut & Rebschule Burger in writing of any recognisable defects, shortages or incorrect deliveries without undue delay, but no later than three days after acceptance of the deliveries and services, and of any hidden defects within one week of their discovery, especially since the products of Weingut & Rebschule Burger are plants and thus living (perishable) goods. The complaint must be sufficiently substantiated and supported by evidence. The existence of defects must be proven by the contracting party. If the contracting party is an entrepreneur, sections 924 and 933b of the Austrian Civil Code [Allgemeines Bürgerliches Gesetzbuch, ABGB] do not apply.
If the contracting party is an entrepreneur, Weingut & Rebschule Burger will be entitled, in the event of justified defects, to choose between rectifying the defect within a reasonable period of time, making good what is missing, or replacing the goods. It is permissible to make numerous subsequent improvements and replacement deliveries. Any further claims such as rescission of the contract (withdrawal) or price reduction are expressly excluded in case of defects being improved, shortfalls being made up or replacement deliveries being made in a timely fashion. In this case, the warranty will expire if the contracting party or a third party not authorised by Weingut & Rebschule Burger has made changes or repairs to the goods.
6. Retention of title
The goods delivered by Weingut & Rebschule Burger remain its property until the goods have been paid for in full, taking into account any ancillary costs, and the contracting party has completely fulfilled its obligations arising from this contract (retention of title).
The contracting party must carefully store the goods delivered by Weingut & Rebschule Burger for Weingut & Rebschule Burger until ownership transfers to the contracting party. The contracting party bears the entire risk for the goods subject to retention of title, in particular the risk of destruction, loss or deterioration.
If the goods subject to retention of title are resold, the contracting party hereby assigns to Weingut & Rebschule Burger any and all claims arising from the resale of the goods subject to retention of title vis-à-vis its customer to settle any and all claims including ancillary claims up to the value of the delivered goods, without the need for a further declaration of assignment or notification. The same regulation applies analogously where the delivered goods are processed, combined or blended. In this case, Weingut & Rebschule Burger acquires co-ownership of the items produced by the processing in the ratio of the delivery value of its goods to the newly produced items.
The contracting party is not authorised to pledge goods subject to retention of title by Weingut & Rebschule Burger or to assign them as collateral. In the event of the goods being seized or subject to other claims by third parties, the contracting party is obligated to assert the ownership rights of
Weingut & Rebschule Burger, to inform Weingut & Rebschule Burger without undue delay and to take any and all necessary steps to protect the interests of La Cultura.
7. Place of performance, legal venue, applicable law, miscellaneous
The place of performance for all goods and services arising from this contract is the registered office of Weingut & Rebschule Burger at 3550 Langenlois, Zeiselberg 16.
The jurisdiction of the competent court in 3500 Krems is expressly agreed for any and all disputes arising from this contract in accordance with section 104 of the Austrian Jurisdiction Act [Jurisdiktionsnorm, JN].
It is expressly agreed between the contracting parties that Austrian law applies – without regard to the conflict-of-law provisions of private international law (e.g. IPRG, Rome I Regulation) and the UN Convention on Contracts for the International Sale of Goods. This choice of law only applies to a consumer insofar as it does not restrict any mandatory statutory provisions of the country in which the consumer has their domicile or habitual residence
If any provisions of these GTC are legally ineffective, invalid and/or void or become so in the course of their term, this will not affect the legal effectiveness and validity of the remaining provisions. The legally ineffective, invalid and/or void provision will instead be replaced by a provision that is legally effective and valid, and corresponds in its economic effect to the replaced provision – as far as possible and legally permissible.
Weingut & Rebschule Burger is required to comply with the provisions of the Austrian Data Protection Act [Datenschutzgesetz, DSG], the General Data Protection Regulation (GDPR) and any other statutory obligations on confidentiality.
Weingut & Rebschule Burger processes the personal data required for the purpose of fulfilling the contract. Detailed privacy information (data protection notice) in accordance with Art. 13 et seqq. GDPR can be found on the website at: www.weingut-rebschule-burger.at
The agreements on which the conclusion of the contract is based, in particular the General Terms and Conditions and guarantee commitments, can only be enforced in Austria.
The contracting party is not authorised to offset any alleged counterclaims against claims of La Cultura or to refuse payment, even if they are based on complaints about defects, unless they have been legally established by a court of law. The ban on offsetting and the exclusion of the right of retention do not apply to consumer transactions.
WINERY & VINE SCHOOL BURGER