General Terms of Conditions

  1. Preamble

 

Vida W&S GmbH, Gumpendorfer Straße 6, 1060 Vienna, Austria (hereinafter referred to as "Contractor"), specializes in the trade of wines, accessories to wines, gourmet items and spirits.

These General Terms and Conditions (hereinafter "GTC") deal with the trade via the webshop on the site https://vidawein.de/.

These GTCs can also be used in offline commerce.

The general terms and conditions are addressed to persons who are usually consumers in the sense of § 13 BGB, but also entrepreneurs in the sense of § 14 BGB (both together hereinafter referred to as "Customers").

For the purpose of better readability, no gender-specific differentiation is made. This is done without any intention of discrimination. All genders are addressed equally.

 

  1. Scope of application

 

All business relations between the Contractor and the Customer shall be subject to these GTC in the version applicable at the time of the conclusion of the transaction. In the event of a contradiction, these GTC supersede any general terms and conditions of the Customer.

For the purpose of online ordering, the GTC may be permanently stored on the Customer's computer and/or printed out by the Customer.

Contractual, ordering and business language is German.

The Contractor offers its services exclusively in Austria and Germany. This is for logistical and business reasons and without any intention of discrimination. These General Terms and Conditions are specifically intended for Customers from Germany.

Attention: For legal reasons, no alcoholic products, except wine, can currently be delivered to Germany.

 

  1. Conditions of use

 

In order to be able to purchase services and goods electronically from the Contractor, Customers may have to register in the Online Shop. The Customer is obliged to provide true and complete information in the course of the business relationship and to keep his data up to date at all times. He shall treat his data confidentially. If the Customer suspects misuse by third parties, he must inform the Contractor immediately.

 

The Customer shall refrain from all actions that could endanger or impair the technical provision of services of the Contractor (including cyber-attacks). Such behavior will be legally prosecuted.

 

  1. Offer and conclusion of contract

 

By clicking the button "Place order", the Customer submits a binding offer to conclude a contract with the Contractor. The Contractor is not obliged to accept this offer. Before finally sending an order, the Customer has the opportunity to check it again for any errors and to correct it if necessary.

 

The Contractor shall confirm receipt of an offer to the Customer by sending an e-mail to the address provided by the Customer ("Order Confirmation"). This e-mail does not constitute an acceptance of the offer by the Contractor. The Contractor may accept offers by confirming the acceptance of the offer in another e-mail ("Contracting Confirmation") or by sending the ordered goods. The Customer is bound to its requests for five days.

 

The shipment of the products within the European Economic Area ("EEA") shall take place within five working days from the conclusion of the contract. If the Contractor is prevented from meeting the delivery deadline due to force majeure (e.g. natural disasters or epidemics) or delivery bottlenecks of third party suppliers, the Contractor shall inform the Customer of this as soon as possible. In such cases, the delivery period shall be extended by the duration of the events.

Bei den abgebildeten Produktfotos handelt es sich um Beispielbilder. Bilder von Etiketten und Flaschenformen werden vom Hersteller zur Verfügung gestellt, die Produkte können von den abgebildeten Fotos abweichen.

  1. Age restriction

 

Attention: Providing and selling alcoholic beverages to minors under the age of 18 is prohibited.

 

Therefore, the Contractor is entitled to verify the age of the Customer. Customers are obliged to provide true information.

 

  1. Payment modalities

 

The prices listed in the goods store are in EUR.

In case of doubt, the sales tax is not yet included. The amounts stated at the time of the order shall apply in each case. The Contractor shall inform the Customer once again about the prices, taxes and shipping costs in the order summary before the order is completed.

The payment methods accepted by the Contractor are listed in the web store.

More detailed information about payment and shipping can be found on our website: https://vidawein.de/payment-and-delivery.

Payment is made by bank transfer to the account indicated by the Contractor. Whether the payment is made monthly (continuing obligation) or once (target obligation) depends on the agreement between the Contractor and the Customer.

The Contractor's receivables shall become due upon invoicing. If the receivables are not paid within seven days, the Contractor shall charge 4% per year in statutory default interest from the due date. In the event of default, the Customer undertakes to reimburse the Contractor for any reminder and collection expenses incurred, insofar as they are necessary for appropriate legal action. If the Customer is an entrepreneur, the amount of interest on arrears shall be determined in accordance with § 288 (2) BGB

 

  1. Complaints

 

The Contractor draws attention - without prejudice to the right of withdrawal as defined in point 8 - to the fact that, for hygienic reasons, bottles that have been opened cannot be returned, as the temperatures and shocks may affect the quality of the wine. In case of dissatisfaction, or if the wine is corked or moussed, please feel free to contact the indicated contact (see point 8). The Contractor will take care of your request!!

 

  1. Right of withdrawal according to the BGB

 

This right of withdrawal only applies to consumers.

 

This right of withdrawal expressly does not apply with regard to alcoholic beverages, the price of which was agreed upon at the conclusion of the contract, but which cannot be delivered earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the Contractor has no influence.

 

The Customer has the right to withdraw from his contractual declaration or an already concluded contract within fourteen days without giving any reason, if the contract was concluded electronically. The revocation period is fourteen days from the day on which the consumer or a third party not acting as a carrier and designated by the consumer acquires possession of the goods.

 

In order to exercise the right of withdrawal, the Customer must inform the Contractor of the decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or an e-mail). For this purpose, the Customer may use the sample cancellation form, which is listed in Annex I B of the Distance and Off-Site Transactions Act (https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20008847) and can also be accessed on the website of the Contractor (https://vidawein.at/wp-content/uploads/2022/02/Sample-cancellation-form-final.pdf).

 

A declaration of revocation has to be sent to the following address:

 

Vida W&S Ltd.

Gumpendorfer Straße 6

1060 Vienna

Austria

E-mail address: info@vidaws.at

Telephone: +43 1 412 01 15

 

 

In order to comply with the withdrawal period, it is sufficient that the Customer sends the notification of the exercise of the right to withdraw before the expiry of the withdrawal period. If this option is used, the Customer will be sent a confirmation of receipt of such revocation. If the Customer revokes the contractual statement or a contract that has already been concluded, the Contractor shall return all payments that it has already received from the Customer without undue delay and no later than within fourteen days from the day on which the Contractor received the notification of revocation of this contract. For the repayment, the Contractor shall use the same means of payment that the Customer used for the original transaction. The Customer shall bear the direct costs of the return shipment. If a loss in value of a good is due to the fact that the good has been used in a way that is not necessary for the examination of the condition, the Customer shall be liable for this loss in value.

 

  1. Performance disruptions

 

The Contractor shall not be responsible if it is unable to meet its obligations under the contractual relationship due to circumstances for which it or a vicarious agent is not responsible. This applies, among other things, to the lack of availability of energy or telecommunications services and due to force majeure.

 

  1. Retention of title

 

All goods delivered by the Contractor shall remain the property of the Contractor until full payment has been made. Any sale of the goods by the Customer to a third party prior to their full payment shall require the Contractor's prior consent.

 

If the Customer has not taken over the goods as agreed (default of acceptance), the Contractor shall be entitled either to store the goods, for which a storage fee of 0.1% of the gross invoice amount per calendar year or part thereof may be charged, or to deposit the goods in court at the Customer's expense and risk.

 

  1. Exclusion of liability for external content

 

The Contractor shall not be liable for third-party information that is opened by means of an electronic reference (link). As soon as the Contractor gains knowledge or awareness that illegal information is linked to, the Contractor will immediately delete this link.

 

  1. Liability for damages and warranty

 

The liability of the Contractor for slight negligence is excluded. The liability is limited to the amount of damages typically foreseeable at the time of conclusion of the contract.

This limitation of liability shall not apply with regard to personal injury or for damages under the Product Liability Act. This limitation of liability shall furthermore not apply with regard to principal obligations (“Kardinalpflichten”) of the Contractor.

Transport damages must be reported to the Contractor and, if applicable, to the forwarding agent (freight forwarder, fulfillment company) without delay.

The Contractor shall not be liable to companies for loss of profit.

The statutory warranty period of shall apply.

The Contractor does not offer any warranty that the photos published in the goods store are identical to the goods actually delivered. The photos and labels are made by the respective manufacturers of the goods and the Contractor is not liable for them.

The risk of loss of or damage to the goods shall pass to a Customer (only then) when the Customer or a third party authorized by him to receive the goods (who is not the carrier) has taken possession of the goods.

 

  1. Data protection and protection of business and trade secrets

 

The disclosure of data and information to the respective required business partners is permitted to the extent necessary for the fulfillment of the contractual relationship (Art 6 para 1 lit b GDPR). Otherwise, the Customer and the Contractor are mutually obliged to maintain secrecy about the circumstances and data related to the other, of which they become aware due to the present business relationship, and in particular to observe data secrecy. These obligations regarding data and business secrecy shall also apply beyond the contractual relationship.

 

The Contractor draws attention to the fact that data of the Customer may be processed for advertising purposes on the basis of legitimate interests (Art 6 para 1 lit f GDPR). The Customer may object to this form of data processing at any time (Art 21 para 2 GDPR).

 

  1. Involvement of subcontractors

 

The Contractor may use subcontractors for the performance of its obligations under this Agreement.

 

  1. Jurisdiction and Applicable Law

 

This contractual relationship is based on Austrian Law, and this is deemed to be agreed. However, this choice of law may not result in a consumer being deprived of the protection afforded to him by the mandatory provisions of his country of residence (Art 6 number 2 Rome I Regulation). The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) as well as of conflict-of-law rules is excluded. The exclusive place of jurisdiction shall be Vienna. If the Customer is a consumer and has his domicile or habitual residence in Austria or is employed in Austria, the Customer may be sued in derogation thereof only before those courts in whose district his domicile, habitual residence or place of employment is located.

 

Reference is made to the possibility of dispute resolution by way of an online dispute resolution platform (Art 14 para 1 S 1 ODR Regulation) (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE) and national consumer arbitration bodies. The Contractor is prepared to participate in such arbitration proceedings.

 

  1. Duration of the contractual relationship

 

The contractual relationship with the Customer shall commence upon conclusion of the contract. If a one-time service is owed (target obligation), the contractual relationship ends with the complete provision of the mutually owed services. If a continuing obligation is owed, this can be terminated with a fourteen-day notice period to the last day of a month without giving reasons. This does not affect the right to extraordinary termination at any time.

 

  1. Miscellaneous

The Contractor recommends the Customer to save these GTC permanently.

(February 2022)

 

Imprint:

 

Vida W&S Ltd.

Gumpendorfer Straße 6

1060 Vienna

Austria

E-mail address: info@vidaws.at

Telephone: +43 1 412 01 15

 

Company register number: 525115 d

Commercial register court: Vienna Commercial Court

UID: ATU75170324

 

Member of the Austrian Chamber of Commerce

 

RIS - Gewerbeordnung 1994 - Bundesrecht konsolidiert, Fassung vom 11.12.2020 (bka.gv.at)

 

Business purpose: Wine and spirits trade, operation of a vinotheque

Supervisory authority: Municipal District Office for the 6th District of Vienna

Line of business (iSd § 25 Abs 4 MedienG): Information about regional wine products. Presentation and sale of wine and spirits, gourmet, accessories.

 

Disclosure according to § 25 Abs 2 MedienG:
Shareholder: SMAT RL GmbH

Managing Director: Gratsiela Cholakova

Reference is made to the possibility of dispute resolution by way of an online dispute resolution platform (Art 14 para 1 S 1 ODR Regulation) (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE) and national consumer arbitration bodies. The Contractor is prepared to participate in such arbitration proceedings.

Author: Attorney at law Dr. Tobias Tretzmüller, LL.M., www.digital-recht.at.

Liability for the contents of this website

We are constantly developing the content of this website and make every effort to provide accurate and up-to-date information. Unfortunately, we cannot assume liability for the correctness of all content on this website, especially for that provided by third parties. If you notice any problematic or illegal content, please contact us immediately at office@vidaws.at, further contact details can be found in the imprint.

Picture credits

The images, photos and graphics on this website are protected by copyright. The image rights are held by the photographers or producers and the following companies:

  • Producer photos
  • Vida W&S Ltd.

A copy of these terms and conditions, or even parts thereof, requires the consent of the author.

You can download these terms and conditions here.

As from 02/2022