General terms and conditions

General terms and conditions (GTC) of „IWB - Hubert Fohringer GmbH“

§ 1. offers

All offers, whether in writing, verbally or by telephone, are always subject to confirmation, unless otherwise expressly stated. The latest offer in each case cancels all previous offers. Subject to typographical, printing and arithmetical errors as well as prior sales. Deviating agreements are only valid with our written confirmation. Due to tight calculations for our special offers - no additional discounts are possible here. (Exception - additional agreements or in the case of expressly indicated quantity discounts) Obvious errors, printing, calculation, spelling and calculation errors are not binding for IWB Hubert Fohringer GmbH and do not entitle the customer to compensation.

§ 2. prices

All prices - unless otherwise stated - are in euros, per bottle, including all statutory duties and taxes and are ex warehouse Vinothek Fohringer. All expenses arising from shipping, including any import or export duties, shall be borne by the buyer. The prices stated in catalogues, brochures, price lists etc. are - unless expressly stated otherwise in individual cases - current prices and are always subject to change. Prices are non-binding for repeat orders.

The prices are based on the costs at the time of the initial price quotation. Should the costs change by the time of delivery, Vinothek Fohringer is entitled to adjust the prices accordingly.

In the case of transactions brokered by our sales representatives or agents, we reserve the right to final approval. Please note the separate terms and conditions for subscription purchases, brokerage of wines from our broker service or current special offers - these are based on different conditions and delivery terms.

CARDBOARD (pure-grade acceptance):

3 % discount on our list prices for the main range in stock 8

- from 12 bottles 0,75 with wine price up to € 12,-

- from 6 bottles 0,75 with wine price over € 12,-

3 % discount on our list prices for wines not in stock (Short term available & Broker)

from 12 bottles 0,75

CUSTOMERS:    

5 % discount on the list prices of the main assortment in stock (Austria & International)

3 % discount on the list prices of the wines to be ordered (short term available & broker)

valid from an annual turnover of € 1.000,- onwards

as well as preferential treatment for allocation of limited wines

PARTNER           

Best prices for bulk buyers (from € 10.000,- annual turnover) | prices are EX warehouse Spitz

Purchase single-varietal (for wines up to € 15,- for 12 bottles / up to € 60,- for 6 bottles)

Collection discount/discount

2 % for self-collection

SPECIAL PRICES

Prices for remaining stock, special offer wines and newsletter offers are shown separately,

which are specially or red marked online and in the lists. No further deductions possible & always EX LAGER Spitz.

Special quantity discounts depending on wine possible on request

§ 3. availability

Explanation of the availability statement on the Internet:

• Immediately available          =             in stock
• Available at short notice       =             Order item / delivery approx. 3-5 days after receipt of payment (the minimum order quantity must be observed)
• Broker / Procurement           =             Not in stock - delivery time and minimum order quantity on request  (see separate Broker Terms and Conditions)
• Minimum order value/quantity          - Within Austria: € 50,- (including € 10,- handling fee) /        - outside Austria: € 200,- (including € 20,- handling fee)

The respective minimum order quantities are stored per item (under € 12,- min. 6 bottles).

Multiple items are possible, as we maintain a comprehensive wine database and the wines come from different sources and the prices may vary due to different bottle conditions.

Subject to prior sale.

Additional information for wine names:

   •        "limited" or "only in combi"        =   Quantitatively limited wines which, due to the quantity allocation, are only available in offered in combination with other wines of the winery.

                               (Offer is always made in advance)

   •        "PWB" =      Wines from perfect private cellars - Differential taxation according to § UStg.

                               These wines are expressly excluded from any redemption

  •         "NK"      =    Wines from post-purchase from partner merchants.

                               No direct purchase from winegrowers, therefore increased price.

In addition to the general terms and conditions of IWB Hubert Fohringer GmbH, the following terms and conditions apply to the purchase of wines from the "Fohringer Wine Broker":

• wines marked "Broker/Order" are not stock items - and require a separate order.
• Multiple entries due to different sources of supply and deviating bottle conditions.
• Intermediate sales are expressly reserved. Availability must always be checked.Zur optimalen Angebotslegung (Preis – Lieferdauer – Besorgungskosten) benötigen wir die exakte Menge und den gewünschten Lieferzeitpunkt
• Delivery costs are always calculated separately and separate ordering costs may be charged
• approx. € 25,- to € 50,- per item (whether 1 or 12 bottles). Our quotation with the procurement costs and shipping costs is always made in advance.
• Shipping in original wooden crates is subject to additional costs.
• Minimum order quantity € 250,- Wines up to € 60,- in units of 12 - Wines up to € 100,- in units of 6
• Small quantities and single bottles as well as express order and delivery possible on request.
• Payment has to be made within 5 days after receipt of our order confirmation / invoice.
• Delivery time between 14-30 days (depending on the partner supplier)
• Broker wines are expressly excluded from return.

§ 4. Payment and deposits

Unless otherwise agreed, payment shall be made by cash in advance. The Vinothek Fohringer retains ownership of all goods until the purchase price including additional charges has been paid in full.

The purchase price is due at the latest upon delivery of the goods. This also applies to partial deliveries, where the purchase price is to be paid for the respective partial quantities delivered.

In the online shop of Vinothek Fohringer it is possible to pay by credit card, instant bank transfer, bank transfer or on account (for regular customers).  When paying by credit card or instant bank transfer, a specially generated payment link is sent by e-mail only after the order has been completed and availability has been checked. (Unzer)

We accept all credit cards except Diners Club.

If delivery with delivery has been agreed, these will be charged. The charge for this is due on delivery of the goods. If the invoiced price is not paid in full upon delivery, the carrier of the goods shall be entitled to take them back at the buyer's expense. Justified complaints do not entitle the buyer to retain the entire invoice amount, but only an appropriate part of it.

Payments to the staff of the Vinothek Fohringer will only be accepted if they are confirmed by a cash receipt or in writing.

If the buyer is in default of payment or other performance, the Vinothek Fohringer:

•  postpone the fulfilment of its own obligations until the outstanding payments or other services have been effected

•  make use of a reasonable extension of the delivery period, make the entire or still outstanding purchase price due immediately (loss of term); this shall also apply in case of an agreement on payment by instalments with the consumer under the condition that Vinothek Fohringer has already rendered its services, at least one outstanding service of the consumer has been due for at least 6 weeks and Vinothek Fohringer has reminded the consumer unsuccessfully under threat of loss of term and setting of a grace period of at least 2 weeks.

•  charge interest on arrears above the base interest rate of the Austrian National Bank, at least 10% per year, plus VAT, and withdraw from the contract if a reasonable period of grace is not observed, as well as

•  demand from the buyer the reminder and collection expenses incurred, insofar as they are necessary for the appropriate prosecution, whereby the buyer undertakes in particular to reimburse at most the remuneration of the collection agency engaged, which results from the BMWA regulation on the maximum rates for collection agencies. In addition, any further damage, in particular also the damage caused by the fact that, as a result of non-payment, correspondingly higher interest on any credit costs on the part of Vinothek Fohringer is to be reimbursed, irrespective of the fault for the delay in payment.

Unauthorised discount deductions will be reminded or reclaimed.

Vouchers / Bonuses:

Discounts or bonuses granted are conditional upon receipt of full payment. If payment is made with vouchers, no credit note can be issued for any remaining amounts. The redemption period for goods vouchers is based on the date indicated on the goods vouchers (generally 2 years after the date of issue) and can be redeemed in the wine shop as well as in the online shop.

Rebates and discounts do not apply to subscriptions, rarities or goods already reduced.

§ 5. orders and purchase orders

When an order is placed, a written order confirmation is always issued with information on availability, payment and the delivery date.

Orders shall be deemed accepted when they have been confirmed in writing by IWB - Hubert Fohringer GmbH or invoices have been issued for them. IWB - Hubert Fohringer GmbH reserves the right to demand securities or to withdraw from the contract if the creditworthiness of the buyer is not secured.

§ 6. deliveries

Unless otherwise stated, transport is carried out by Österreichische Post, DPD, DHL and UPS for parcel shipments and by Spedition Gebrüder Weiss and Spedition Dachser for pallet shipments.

The risk of destruction, loss or damage to the goods shall pass to the purchaser upon their delivery or, in the case of collection of the wines by the purchaser, upon their provision. The customer reserves the right to make partial deliveries in any case. In the event of late delivery or total non-delivery, the purchaser shall not be entitled to claim damages or to withdraw from the contract. In the event of unforeseen circumstances, IWB-Hubert Fohringer GmbH shall be entitled to extend the delivery period or to withdraw from the contract. Unless otherwise agreed, delivery shall be ex warehouse Spitz to the delivery address specified by the customer. Deliveries to the EU area or to third countries shall be made exclusively ex warehouse Spitz. In case of delivery by the company delivery van of the Vinothek Fohringer, the usual costs of a forwarding delivery will be charged - unless expressly agreed otherwise (see shipping costs table). Separate costs will be charged for the personal removal of the goods.

In principle, Vinothek Fohringer ships to all EU countries of the Schengen Agreement and to Switzerland. For deliveries to Switzerland, the corresponding import fees apply. These are handled by customs directly with the recipient. All expenses arising from the shipment, including any import or export duties, shall be borne by the buyer.

The following table shows the current shipping costs for private customers (as of January 2023). Due to rising energy prices, the shipping costs are constantly recalculated and can be viewed on a daily basis at www.fohringer.at/out/media/file/Versandkostentabelle2023_EN.pdf.

AUSTRIA             per package       1 - 6 bottles       € 10,-

                          7 - 18 bottles     € 18,-

                          FREE HOME SHIPPING from € 200,-* (valid for small quantities - up to 36 bottles)            

                          For orders of 37 bottles or more, shipping is on pallet.  

                                •          Depending on the value of the goods, always separate transport offers in advance.          

GERMANY          per package       1 - 6 bottles       € 18,-

                         7 - 18 bottles     € 28,-

                         FREE HOME SHIPPING - possible with the following bottles and value scale:       

                         for 1 to 12 bottles and value of € 350,-  

                         or 13 to 24 bottles and value of € 450,-.

                         resp.25 to 36 bottles and value of € 550,-.             

                         For orders of 37 bottles or more, shipping is on pallet.  

                         Depending on the value of the goods, always separate transport offers in advance           

ZONE 2              per package       1 - 18 bottles     € 39,-

                         Belgium, Italy, Croatia, Luxembourg, Netherlands, Slovakia, Slovenia, Czech Republic, Hungary

ZONE 3              per package       1 - 18 bottles     € 49,-

                         Denmark, Finland, France, Sweden        

ZONE 4              per package       1 - 6 bottles       € 49,-

                         per package       7 - 12 bottles     € 65,-

                         Estonia, Greece, Ireland, Latvia, Lithuania, Malta, Poland, Portugal, Romania, Spain                       

SHIPPING COSTS FOR OUR PARTNER CUSTOMERS (gastronomy and bulk buyers)

Austria - FREE HOME delivery from an order value of € 1.000,-.

Below that, for deliveries of up to 36 bottles, the transport costs according to the table apply.

From 37 bottles we charge a flat rate of € 36,-.

Germany - always ex warehouse Spitz (see transport costs table).

For 37 bottles or more, we will prepare a separate transport offer.

Other countries according to shipping costs table

•   Different transport costs possible due to islands or remote zones. Other countries on request.

•   In case of disproportionately high transport costs, we reserve the right to offer proportional shipping costs in advance.

•   Separate transport costs apply for large bottles (special formats from 1.5 lt.).

•   We send our best transport offer in advance and always check the best shipping option.

•   e.g. changeover to pallet shipment if original cartons or original wooden crates are required.

•   Unless otherwise stated, transport is carried out by the Austrian Post, DPD, UPS for parcel shipments and by the Gebrüder Weiss and Dachser forwarding agents for pallet shipments.

•   Please ensure that someone is present at the time of delivery. 2. delivery attempts must be invoiced.

•   We do not accept any charges for any special taxes, duties, expenses that may be charged on importation into your country.

•   Special offer wines, subscriptions, broker articles as well as special sales - always ex warehouse Spitz.

•   Deliveries by forwarding companies are always "free first kerb".

•   DELIVERY directly to the flat - cellar - floors etc. - is a special service and requires prior arrangement. Please ask for a separate offer (Home Delivery). Please note that the delivery time may be extended.

•   Administrative documents only electronically (EMCS / customs documents) - free from € 500,- / below € 30,- handling fee.

•   For the shipment of heavy or bulky goods, express deliveries as well as in case of disproportionately high delivery costs, we reserve the right to always make a separate offer before shipping the goods!

§ 7. Compensation

Transport damage must be reported immediately to Vinothek Fohringer within 48 hours. (written information with photos). If the damage is reported in good time, compensation will be paid and the damaged goods will be redelivered or - in the case of a sold-out wine - a return transfer will be made.

The Vinothek Fohringer is liable for damages only in case of intent or gross negligence, with the exception of damage to the person. Liability is limited to 10% of the value of the goods within the framework of the statutory provisions. Compensation for consequential (defect) damages, other property damages, financial losses and damages from third party claims against the buyer are excluded.

§ 8. collections

The Vinothek Fohringer grants a 2% discount for customers collecting the goods themselves. In the case of self-collection of the goods by the buyer, use and risk are transferred to the buyer at the latest when the goods are handed over at the cash desk. In case of delivery of the goods by Vinothek Fohringer, the handover shall take place at the point accessible for the tail lift or the crane of a truck and the use and risk shall pass to the customer or his representative at the latest upon handover.

Goods ordered or commissioned from the Vinothek Fohringer must be collected within 14 days of notification or commissioning. Any longer storage period of up to a maximum of 4 weeks must be agreed and recorded on the order or invoice by computer. If the goods are not collected or taken over within this period, the Vinothek Fohringer has the right either to store the goods at the risk of the buyer, charging a storage fee of 5% of the invoice amount per month or part thereof plus VAT, and to insist on fulfilment of the contract, or to withdraw from the contract after setting a grace period of 2 weeks and to resell the goods to another customer, in which case the buyer has to pay an immediately due handling fee of 10% of the purchase price plus VAT.

§ 9. delivery period and withdrawal from the contract

Delivery shall be made by the Vinothek Fohringer or a commissioned carrier at times customary in the business. In the event of non-acceptance of ordered goods, Vinothek Fohringer is entitled to demand compensation for any additional expenses incurred as a result. This does not apply if services on the part of Vinothek Fohringer were not provided in accordance with the contract.

The acceptance of orders is subject to delivery possibilities. The Vinothek Fohringer reserves the right to allocate smaller quantities to customers if a product is oversubscribed. If delivery or compliance with an agreed delivery period becomes impossible due to circumstances for which the Vinothek Fohringer is not responsible, the obligation to deliver shall lapse or the delivery period shall be extended by the duration of these obstacles. Circumstances for which the Vinothek Fohringer is not responsible include in particular: Difficulties in obtaining goods or primary materials from third parties, subscriptions or delayed release of goods by the supplier of Vinothek Fohringer, operational disruptions (also at suppliers of Vinothek Fohringer), traffic disruptions, lockouts, strikes and unforeseeable weather conditions as well as in all cases of force majeure. In the case of transactions with consumers, only objectively justified and minor changes that do not affect the price are permissible. This applies in particular to reasonable delivery overruns and the like.

Vinothek Fohringer is entitled to withdraw from the contract in whole or in part without being liable for damages. A prerequisite for the customer's withdrawal from the contract, on the other hand, is a delay in delivery for which the Vinothek Fohringer is responsible, despite having set a reasonable grace period of at least four weeks in writing.

In the case of divisible services, the customer shall not have the right to withdraw from the contract with regard to deliverable parts, insofar as parts of the service can be fulfilled and are usable for the buyer. Under the same conditions, or if the remaining parts can be delivered in time, the customer is not entitled to refuse acceptance of partial deliveries.

If the customer declares without justification that he does not wish to adhere to the contract ("cancellation"), and if Vinothek Fohringer agrees to this in writing, Vinothek Fohringer is entitled to 15% of the purchase price as a lump-sum minimum compensation ("cancellation fee") for goods in stock. In the case of goods on order, such a cancellation of the contract is generally excluded.

Changes or cancellations of orders by the buyer must always be made in writing.

The Vinothek Fohringer reserves the right to also accept declarations in another form, which will then only become effective upon written confirmation by the Vinothek Fohringer. (For online vouchers, the conditions stated on the internet also apply).

§ 10. Right of withdrawal

You have the right to cancel this contract within 14 days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.

In order to exercise your right of withdrawal, you must inform us (IWB-HUBERT FOHRINGER GMBH - Donaulände 1a, AT-3620 Spitz an der Donau, iwb@fohringer.at, Tel.: +43 2713 2029, Fax: +43 2713 2029 20) of your decision to withdraw from this contract by means of a written, unequivocal statement (e.g. a letter or e-mail sent by post). In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. We will bear the costs of returning the goods up to a value of € 40,-. You will only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for checking their condition, properties and functioning.

The right of withdrawal does not apply to the following contracts:

•    Broker or separately procured wines / for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;

•    Contracts for the supply of goods that can spoil quickly or whose expiry date would be quickly exceeded.

•    Contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

•    Contracts for the supply of alcoholic beverages whose price was agreed at the time of conclusion of the contract but which can be delivered at the earliest 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the trader has no influence.

§ 11. Return of goods

Until revoked, Vinothek Fohringer is prepared to take back goods purchased from it against reimbursement of the full purchase price under the following conditions:

•             The return must be made within 10 days from the date of the invoice, in the original packaging, undamaged and with presentation of the original invoice.

•             The goods will be taken back at the price valid at the time of the original purchase.

•             The purchase price will be refunded in the form of a credit note. Wines ordered separately (broker articles), exhibition articles, remaining stock and partial quantities from packaging units as well as partial quantities from sets are expressly excluded from this.

•             If the buyer is a consumer within the meaning of the Consumer Protection Act and has placed his order by post, telephone, fax, e-mail or via the Internet online shop, he may, in accordance with §§ 5e - 5h of the Consumer Protection Act, withdraw from the purchase contract within seven days of delivery - The withdrawal does not require any justification, but only has to be sent in due time. The buyer will be refunded the purchase price already paid (excluding shipping costs) against return of the goods, but must bear the costs of the return shipment.

§ 12. Warranty

Promises, such as those concerning the usability or special characteristics of the goods, or declarations by the employees of the Vinothek Fohringer are non-binding and do not constitute an express assurance of certain characteristics, unless they are made in writing. Warranty claims require that defects are reported to the Vinothek Fohringer without delay, i.e. visible defects immediately upon acceptance, hidden defects after discovery, and upon presentation of the opened goods and the original invoice.

A warranty claim is in any case limited to the invoice value of the delivered and defective goods.

The Vinothek Fohringer shall fulfil its warranty obligations at its own discretion either by delivery of goods free of defects, improvement, subsequent delivery of missing quantities or reversal of the contract (i.e. repayment of the purchase price) within a reasonable period of time.

Customary or minor deviations in quality, quantity, colour, size, weight, equipment or design due to technical reasons shall not constitute warranty defects or non-performance of the contract.

Cork replacement:

There is no general right to cork replacement. Cork and wine are natural products, therefore occasional corked bottles are unavoidable. Possible precipitations (e.g. deposit or tartar) are not a defect.

Unless otherwise stated, the statutory liability for defects applies."

We expressly point out that claims for corked bottles can only be replaced after consultation with the winery. Wines older than 3 years - are completely excluded from cork complaints.

Please make sure that the corked bottle is closed almost completely with the "faulty original cork" and must be returned to us within 14 days. - Only then can the winery check this complaint and offer a credit note.

We will then also issue a credit note. (no exchange in kind)

§ 13. subscriptions

With a subscription, the orderer acquires the subscription right for the wine named in the respective subscription offer with delivery at a later date. Subscription offers are non-binding and subject to change. (Prices are subject to change and errors excepted). In case of oversubscription of a wine, Vinothek Fohringer reserves the right to allocate even smaller quantities. In the case of transactions with consumers, only objectively justified and minor changes that do not affect the price are permissible. The prices are always daily prices and are EX warehouse Spitz. In the event of a change in the VAT rate, a correction calculation shall be made upon delivery. Freight will be charged at the rate applicable at the time of delivery. Invoicing shall be carried out by the Vinothek Fohringer including all shipping costs incurred. Payment shall be made strictly net - at the latest 7 days after the invoice date. In case of non-compliance with the

payment deadline, the claim to the ordered wines expires. The delivery dates of the wines depend on the release of the producers and can be postponed. In the event of non-delivery, the customer shall be immediately refunded the deposit paid for the subscription wine. There is no entitlement to real replacement.

§ 14. protection of minors

Wine and spirits may only be sold and delivered to persons over the age of 18. In order to comply with legal regulations, Vinothek Fohringer is entitled to hand over goods only after legitimation by means of an official photo ID. In the event of a justified refusal to hand over the goods, the customer is obliged to pay compensation for the actual damage incurred.

§ 15. Data protection

The customer expressly agrees to the collection, processing and use of personal data. This data is used for the fulfilment of legal requirements, for the processing of payment transactions and for customer care. The customer also agrees to the sending of newsletters and price lists - by e-mail as well as by post.

§ 16. Copyright protection and use

The author specifically grants you the right of use to make a private copy for personal purposes. However, you are not entitled to modify and/or pass on the materials or even publish them yourself. Unless expressly stated otherwise, the copyright for texts, images and the look and feel of the website is held by IWB-Hubert Fohringer GmbH.

* Unsolicited advertising - In accordance with § 28 BDSG we object to any commercial use and disclosure of our data! In accordance with § 7 UWG (Unfair Competition Act), we expressly refuse our consent to being contacted by telephone, SMS, e-mail, FAX and all other forms of communication for the purpose of advertising!

§ 17. place of jurisdiction and other provisions

Place of performance for deliveries and payments is Spitz an der Donau, exclusive place of jurisdiction is Krems. The court with subject-matter jurisdiction in Krems shall have exclusive jurisdiction to decide on all disputes arising in connection with the contract. If individual provisions of the contract or these General Terms and Conditions are invalid, this shall not result in the invalidity of the entire contract. The remaining content of the contract shall remain unchanged.

The contract is subject to Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.