Table of contents
1. scope of application
2. conclusion of contract
3. right of withdrawal
4 Prices and terms of payment
5. delivery and shipping conditions
6 Duration and termination of subscription contracts
7. reservation of title
8. liability for defects (warranty)
9. liability
10. redemption of gift vouchers
11 Applicable law
12. information on online dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of the company Stiebleichinger GmbH (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online shop. The inclusion of the customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.
1.4 The subject matter of the contract results from the respective product description of the seller. The subject of the contract can be both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a permanent delivery (hereinafter “subscription contract”). In the case of a subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract term at the contractually owed intervals.
2) Conclusion of contract
2.1 The product descriptions contained in the seller’s online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller’s online store. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer enters the order number.
After completing the order process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the order process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail or post.
2.3 The Seller may accept the Customer’s offer within five days – by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive in this respect, or – by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive in this respect, or – by requesting payment from the Customer after the Customer has placed the order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by
The period of validity of the offer shall commence at the end of the fifth day following the dispatch of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that
the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the seller’s online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent, together with these GTC.
sent to you. In addition, the text of the contract is archived on the seller’s website and can be accessed by the customer free of charge via his password-protected customer account by entering the corresponding login data, provided that the customer
has created a customer account in the seller’s online store before sending his order.
2.5 Before submitting a binding order via the seller’s online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical tool
For better recognition of input errors, the browser’s magnification function can be used to enlarge the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him/her for order processing is correct, so that the e-mail address used for order processing is correct.
address the e-mails sent by the seller can be received. In particular, the customer must ensure that all SPAM filters used by the seller or third parties commissioned by the seller to process the order
sent e-mails can be delivered.
2.8 When ordering alcoholic beverages, the customer confirms by sending the order that he/she has reached the legally required minimum age and undertakes to ensure that either he/she or a person nominated by him/her is of legal age.
authorized adult person may accept the goods.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the withdrawal policy
of the seller.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and transportation costs
Shipping costs are indicated separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller’s online store.
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the customer.
5.2 In the case of subscription contracts, the customer must inform the seller immediately of any changes to the delivery address.
5.3 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of revocation.
if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller has offered him the service for a reasonable period of time.
announced a reasonable time in advance.
5.4 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller hands over the goods to the forwarding agent, the carrier or any other party responsible for the execution of the delivery.
person or establishment to which the goods are to be sent. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall only pass to the customer when the goods are handed over to the customer.
customer or a person authorized to receive it. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods.
the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has handed over the goods to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment
institution with the execution and the seller has not previously named this person or institution to the customer.
5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the seller is not responsible for the non-delivery and the seller is not in default of delivery.
has concluded a specific hedging transaction with the supplier. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the
The customer will be informed immediately if the goods are not delivered and the consideration will be refunded immediately.
5.6 In the case of self-collection, the seller shall first inform the customer by e-mail that the goods ordered by him are ready for collection. After receipt of this e-mail, the customer can return the goods to the seller’s registered office after consultation with the seller.
collect from the seller. In this case, no shipping costs will be charged.
5.7 Vouchers are provided to the customer as follows:
– via download
– by e-mail
– by post
6) Contract duration and termination of subscription contracts
6.1 Subscription contracts are concluded for an indefinite period and can be terminated by the customer at any time without notice.
6.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all the circumstances of the individual case and weighing up the interests of both parties.
6.3 Notices of termination must be made in writing or in text form (e.g. by e-mail).
7) Retention of title
7.1 In relation to consumers, the seller reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.
7.2 The Seller shall retain title to the goods delivered to entrepreneurs until all claims arising from an ongoing business relationship have been settled in full.
7.3 If the customer acts as an entrepreneur, he shall be entitled to resell the goods subject to retention of title in the ordinary course of business. The customer assigns all claims against third parties arising from this in the amount of the respective
invoice value (including VAT) to the seller in advance. This assignment shall apply irrespective of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after
authorized to make the assignment. The seller’s right to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller.
the customer is not in default of payment and no application for the opening of insolvency proceedings has been filed.
8) Liability for defects (warranty)
If the purchased item is defective, the provisions of statutory liability for defects shall apply. Deviating from this applies:
8.1 For entrepreneurs
– an insignificant defect does not justify any claims for defects;
– the seller has the choice of the type of subsequent performance;
– the limitation period for defects in new goods is one year from the transfer of risk;
– rights and claims for defects are generally excluded for used goods;
– the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.
8.2 The aforementioned limitations of liability and shortening of the limitation period shall not apply
- for items that have not been used for a building in accordance with their normal use and have caused its defectiveness,
- for damages resulting from injury to life, body or health, which are based on an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller
- for other damage caused by an intentional or grossly negligent breach of duty on the part of the seller or by an intentional or grossly negligent breach of duty on the part of the seller.
- breach of duty by a legal representative or vicarious agent of the user, as well as in the event that the seller has fraudulently concealed the defect.
8.3 If the customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no
effects on his statutory or contractual claims for defects.
9) Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
9.1 The Seller shall be liable without limitation for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, limb or health,
- on the basis of a guarantee promise, unless otherwise agreed,
- due to mandatory liability such as under the Product Liability Act.
9.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless liability is unlimited in accordance with the above clause. Essential contractual obligations are
Obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer regularly relies.
can trust.
9.3 Any further liability of the seller is excluded.
9.4 The above liability provisions shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
10) Redemption of gift vouchers
10.1 Vouchers that can be purchased via the seller’s online store (hereinafter referred to as “gift vouchers”) can only be redeemed in the seller’s online store, unless otherwise stated in the voucher.
10.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiration date.
10.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
10.4 Several gift vouchers can be redeemed with one order.
10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other options offered by the seller can be used to settle the difference.
offered payment methods can be selected.
10.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.
10.8 The gift voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the seller’s online store. This does not apply if the seller is aware of or has grossly
negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder.
11) Applicable law
The law of the Republic of Austria shall apply to all legal relationships between the parties, to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law only applies insofar as the protection granted by
mandatory provisions of the law of the country in which the consumer has his habitual residence.
12) Information on online dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
