Terms and Conditions

General Terms and Conditions for Customers of Schödl Family

I. General

1. Weingut Schödl sells products and provides services, in particular via the website www.schoedlfamily.at. These General Terms and Conditions (hereinafter "GTC") apply to all legal relationships between Weingut Schödl and the purchaser of products and/or services from Weingut Schödl (hereinafter "customer", Weingut Schödl and the customer together hereinafter "parties").

2. Customers within the meaning of these GTC are natural persons or legal entities who purchase products for their private use. Expressly excluded from the definition of customers are entrepreneurs who, at the time of conclusion of the contract, are acting in the exercise of their commercial or self-employed professional activity.

3. The customer guarantees that he is at least 18 years old at the time of his order.

4. Deviations from these general terms and conditions are only valid if they have been agreed by the parties in writing or by e-mail.

5. If, in addition to these GTC, special contractual conditions of Weingut Schödl should be applicable, the special conditions shall take precedence over these GTC insofar as they contain provisions that deviate from these GTC.

6. The customer agrees to these GTC by using or making use of the corresponding services; the customer can be requested by Weingut Schödl to repeat his agreement to the GTC by clicking on a corresponding confirmation field.

II. Orders

1. All offers made by Weingut Schödl are not deemed to be an offer, but merely an invitation to the customer to make an offer.

2. By the respective order the customer on his part makes an offer, which is valid as a binding offer to Weingut Schödl for two (2) weeks after receipt. At the customer's request, Weingut Schödl may voluntarily cancel the order, whereby this is done as a gesture of goodwill on the part of Weingut Schödl and Weingut Schödl is in no way obliged to do so.

After receipt of an order, Weingut Schödl usually sends a confirmation of receipt to the e-mail address provided by the customer. This confirmation of receipt only serves to inform the customer about his order and has no legal effect. 4.

4. The contract between the parties concerning the purchase of a service is only concluded as soon as Weingut Schödl provides corresponding services for the customer (e.g. dispatch or handover of products to the customer) or sends an order confirmation.

5. All services to be provided by Weingut Schödl are conclusively listed in the delivery note and/or the order confirmation of Weingut Schödl.

The customer shall check the documents issued by Weingut Schödl, in particular invoices, delivery notes and order confirmations, within five (5) calendar days after their dispatch (by post or digitally) or after handover. The customer shall notify Weingut Schödl of any discrepancies during this period, otherwise the documents shall be deemed to have been approved by him.

III. Procurement of products, cancellations, change of vintage

1. Weingut Schödl is entitled to cancel orders at any time without giving reasons and/or to supply only part of the order. In the case of a partial or complete cancellation of the order, the customer will only pay for the partial service effectively provided by Weingut Schödl.

2. Weingut Schödl is in no case obliged to procure products or specific vintages of wines.

All further claims of the customer arising from the business transactions mentioned in this clause III.3 are excluded.

IV. Prices, costs and terms of payment and delivery

1. All prices are in euros and include VAT. 2.

2. Shipping and packaging costs will be charged separately to the customer. 3.

3. Weingut Schödl is entitled to make deliveries in several parts. Such partial deliveries shall not result in any additional costs for the customer.

4. Authoritative for the agreed prices, costs, payment and delivery conditions is the invoice of Weingut Schödl or, if such an invoice is missing or incomplete, the order receipt confirmation, or if such an order receipt confirmation is also missing or incomplete, the prices, costs and payment conditions communicated to the customer at the conclusion of the order process.
5. Regardless of the agreed method of payment, Winery Schödl is entitled to deliver or perform orders only against prepayment and also to demand such prepayment for the delivery after receipt of the order.

6. Weingut Schödl hereby assigns to the customer any rights to which Weingut Schödl is entitled against the carrier of deliveries to the customer. In return, the customer bears the transport and delivery risk in connection with his orders placed with Weingut Schödl.

7. Invoices from Weingut Schödl are to be paid within the period printed on the invoice (from the date of invoice) and without any deduction to the account of Weingut Schödl designated on it. With the expiry of the payment deadline the customer is in default without further ado. Weingut Schödl is entitled to the statutory rights of default.

8. Products are only delivered to delivery addresses within Austria and the EU.

V. Dates

1. All dispatch and delivery dates communicated by Weingut Schödl are exclusively for the orientation of the customer and are not binding.
2. If the dispatch of a delivery (or parts thereof) is delayed by more than ten (10) working days compared to the date communicated by Weingut Schödl, the customer is entitled to waive the delayed part of the delivery. Such a waiver is only valid if it is declared immediately and is received by Weingut Schödl before the dispatch of the delayed part of the delivery. Apart from this, the customer is not entitled to any rights against Weingut Schödl from the exceeding of shipping and delivery dates.

3. If a successful delivery is not possible or only possible under difficult circumstances for reasons for which Schödl Winery is not responsible (e.g. wrong delivery address, absence of the recipient, lack of access authorisation, etc.), the customer is obliged to place Weingut Schödl in the same financial position as if the delivery had been successful (including the assumption of (any further) shipping and packaging costs). In all other respects clause IV.6 above shall apply.

VI. Inspection by the customer

1. The customer must inspect the deliveries received from Weingut Schödl immediately after delivery or collection and must notify Weingut Schödl in writing or by e-mail of any defects or incomplete deliveries within three (3) working days. After unused expiry of this period, the deliveries received by Weingut Schödl as well as the scope of the delivery are deemed to have been approved by the customer.
VII. Warranty, in particular for defective wines, and liability

1. The warranty period for hidden defects is two (2) years from handover or delivery of the services to be provided by Weingut Schödl.

2. If the customer discovers that a wine bottle purchased from Weingut Schödl has a tap (hereinafter "defective wine"), this bottle will be replaced by Weingut Schödl under the following cumulative conditions: (i) the warranty period (clause VII.1 above) has not yet expired; (ii) the bottle is brought by the customer to Weingut Schödl immediately after discovery of the defect or - after consultation and according to the instructions of Weingut Schödl - sent to Weingut Schödl; (iii) the bottle is at least 2/3 full; and (iv) Weingut Schödl is able to determine the defect measurably (lot over 0.5% off-flavour).

3. Weingut Schödl replaces faulty wine under the conditions of clause VII.2 above with a voucher from Weingut Schödl to the value of the faulty wine. This voucher card entitles the customer to order another wine from Schödl Winery to the value of the voucher card.

4. With the exception of the defect rights mentioned in clauses VII.1 and VII.2, the customer is not entitled to any warranty rights against Weingut Schödl.

5. The contractual and non-contractual liability of Weingut Schödl is, as far as legally permissible, excluded in its entirety. In particular, Weingut Schödl is not liable for any personal injury and/or financial loss (direct or indirect or direct or indirect) and/or loss of profit. Weingut Schödl accepts no liability whatsoever for damage caused to the customer by third parties, in particular by suppliers and/or subcontractors. In any case the maximum amount of warranty and liability of Weingut Schödl is limited to the price of the respective service of Studio Wino.

6. Weingut Schödl makes every effort to ensure that the information provided on the website is complete, up-to-date and correct. However, Weingut Schödl does not guarantee the correctness, completeness and up-to-dateness of the information on the website as well as for transmission errors and rejects any liability for resulting damages or inconveniences. The customer acknowledges that Weingut Schödl in particular also accepts no guarantee for the content of linked third-party websites and excludes any liability in this respect on the part of Weingut Schödl.

VIII. Personal Data

1. Weingut Schödl treats personal data confidentially, carefully and for the intended purpose. Details on the use of personal data are regulated in the Weingut Schödl data protection declaration (hereinafter "data protection declaration").

IX. Rights to content

1. The website (www.schoedlfamily.at) and all the content of Weingut Schödl accessible via the webshop (hereinafter referred to as "content") are protected by copyright and other laws. All rights thereto, including ownership and/or usage rights, are held by Weingut Schödl and/or its suppliers/licensors/partners. The website as well as the webshop may contain references to property rights and rights of use of third parties, which must be observed by the customer. The (complete or partial) reproduction, dissemination, transmission (electronically or by other means), modification, linking or use of the contents for public or commercial purposes is prohibited without the prior written consent of Weingut Schödl.


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