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General terms and conditions

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

(in the following text also named as „Vinothek Fohringer“)
Donaulände 1a, AT – 3620 Spitz an der Donau
Setting January 1, 2019

All offers, sales and deliveries of IWB – Hubert Fohringer GmbH be based on the following conditions. By placing the order they are considered as accepted. Changes to these conditions must be written. Verbal or telephone agreements obtain legal validity only if the IWB - Hubert Fohringer GmbH confirmed in writing.
§ 1. Offers
All offers, if written, verbal or by phone, are always subject to change, unless otherwise is expressly noted. The most recent offer supersedes all previous offers. Any apparent mistakes, printing, computational, spelling or calculation errors shall not be binding for IWB Hubert Fohringer GmbH and do not give the customer the right to claim for damages. Subject to prior sale.
Divergent agreements are only valid with our written confirmation. Owing to scarce calculations in our special offers – no additional discounts available here. (Exception – additional agreements or explicitly inserted records volume discounts.)
§ 2. Prices
All prices – unless otherwise indicated – are in EUR, per bottle, including all legal fees and taxes, ex warehouse Vinothek Fohringer. All costs associated with the forwarding charges, including any import or export duties borne by the buyer. The values given in catalogs, brochures, price lists, etc. Prices are – unless expressly indicated otherwise in the individual case – current prices and always subject to change. To reorder the prices are non-binding. Prices are based on the costs at the time of the first quotation. If costs change up to the time of delivery, the Vinothek Fohringer is entitled to adjust the prices accordingly.
In the brokered by our sales representatives or representatives transactions, we reserve the right to final approval. Please refer to the separate terms and conditions at sale by subscription, intervention of wines from our broker service and current special offers – are these different conditions and delivery basis.
§ 3. Payment and Commission
Payment shall, unless otherwise agreed, to be made by cash in advance. The Vinothek Fohringer retains ownership of all goods until full payment of the purchase price plus incidental charges.
The purchase price is due at the latest upon delivery of the goods. This also applies to partial deliveries in each the purchase price is to be paid for the subsets each delivered.
In the online shop of the Vinothek Fohringer you have the option to pay by credit card, bank transfer or invoice (for regular customers). When paying by credit card, we will debit your account only if the products you ordered are in the shipping process. – For this purpose, please contact us – after completing your order and verification by us in the storage – sent his own generated credit card email this link. If terms of delivery are agreed, these and always as requested by the buyer shipping insurance will be charged seperately.
The fee for this is due upon delivery of the goods. If the billed price is not paid in full upon delivery, the bringer of goods is entiteled to take them at the expense of the buyer again. Justified complaints shall not entitle the buyer to withhold the whole, but only an appropriate part of the bill.
Payments to the staff of the Vinothek Fohringer will only be accepted if they are confirmed with a cash receipt or writing.
If the buyer payment or other performance in default, may the Vinothek Fohringer:
  • the fulfillment of its own obligations until the arrears payments or other benefits
  • take an appropriate extension of the delivery period avail
  • all or outstanding purchase price immediately due (appointment loss); this also applies to an installment payment agreement with the consumer provided, that the Vinothek Fohringer has already provided their services, at least a residual effort of the customer for at least 6 weeks and the Vinothek Fohringer has warned consumers unsuccessful under penalty of date loss and grace period of at least 2 weeks
  • Charge default interest of 6% above the base rate of the Austrian National Bank, at least 10% per year, plus VAT and
  • Failure to comply with a reasonable grace period to cancel the contract and
  • The purchaser arising dunning and collection charges, so far as they are necessary for the appropriate prosecution, desire, the buyer is obliged in particular, maximum to replace the remuneration of the collection agency, arising from the VO the BMWA on the maximum rates of collection agencies. Furthermore any additional loss, especially the damage, resulting from the fact, that due to non-payment results in correspondingly higher interest rate on its borrowing costs by Vinothek Fohringer to replace regardless of fault on late payments. 
Discounts or bonuses are conditions precedent to the receipt of full payment. If paying with vouchers can be issued for any remaining amounts no credit. The convert of vouchers is terminated by the date indicated on the vouchers. (usually 2 years from date of issue)
Rebates and discounts do not apply to subscriptions, rarities or already discounted goods. Rebates, discounts and special offers are only applicable to the acceptance of common household quantities.
In case of default in the payment of invoices up to an amount of EUR 365,- is a reminder to the buyer for payment of the outstanding purchase price and an administration fee of 10% of the purchase price, or at least EUR 7,30 directed. If the amount is not paid till the date specified in the letter of formal notice, the Vinothek Fohringer is entitled to yield a complaint. Unauthorized cash discount is reminded or demanded in.

§ 4. Order and purchase orders
When placing an order the customer has to term a desired delivery date and an alternative date. The customer is obliged to ensure these dates, the proper acquisition of the ordered goods.
Orders are deemed accepted if the part of IWB - Hubert Fohringer GmbH confirmed in written form or above calculations are given. The IWB - Hubert Fohringer GmbH reserves the right to require before collateral or to withdraw from the contract if the creditworthiness of the buyer is not secured.
Minimum units – depending on the value of the wine – can be specified. An Order of single bottles is also possible. (logistically easier and „unbreakable“ in units of - 1 - 2 - 3 - 6 - 12 - 24 - ...)
§ 5. Delivery time and cancellation of the contract
The Delivery will be made by the Vinothek Fohringer or a forwarding agent during normal business hours. In case of non-acceptance of goods orders the Vinothek Fohringer is entitled to claim compensation for the resulting additional expenses. This does not apply if benefits of Vinothek Fohringer have not provided under the contract.
The acceptance of orders is subject to the delivery options. The Vinothek Fohringer reserves the right to allocate smaller amounts in oversubscription of a product to the buyers. If the delivery or the achievement of an agreed delivery time by the Vinothek Fohringer not to be taken by impossible circumstances, so will invalidate the obligation to deliver and the delivery time is extended by the duration of these obstacles. To not be attributed to the Vinothek Fohringer may include in particular: Difficulties with reference to the goods or materials from third parties, for any subscriptions or delayed release of the goods by the supplier of the Vinothek Fohringer, malfunctions (even with suppliers of the Vinothek Fohringer), Traffic disruptions, lock-outs, strikes and unpredictable weather conditions and all cases of force majeure. For transactions with consumers are objectively justified and minor changes that do not affect the price allowed. This is especially true for reasonable excess deliveries and like that.
The Vinothek Fohringer is entitled to the above point, the contract in whole or in part, without being liable for damages. Perquisite for the withdrawal of the customer from the contract, however, is to be represented by the Vinothek Fohringer delivery delay despite written a reasonable grace period of at least four weeks.
In case of separable services, the customer has no right of rescission concerning deliverable parts, if parts of the performance can be met and suitable for the buyer. Under the same conditions, or if the remaining party can be supplied in time, the customer shall not be entitled to refuse to accept partial deliveries.
To want the customer declares unjustifiably not hold the contract („Cancellation“), and agrees with the Vinothek Fohringer to the writing, so did the Vinothek Fohringer only stock entitled to 15% of the purchase price of a fixed minimum compensation („cancellation fee“). In order goods such rescission is excluded.
Changes or cancellations of orders by the purchaser must be made in writing.
The Vinothek Fohringer reserves the right to take statements in a different form, but are only effective upon written confirmation by the Vinothek Fohringer. (For online coupons conditions as set out in the Internet also apply)
§ 6. Right of rescission
You have the right to cancel within 14 days without giving a reason this contract. The Withdrawal period is fourteen days from the day, have taken the last in possession of the goods you or any third party named by you, other than the carrier has.
To exercise your right of cancellation, you must contact (IWB-HUBERT FOHRINGER GMBH - Donaulände 1a, AT-3620 Spitz an der Donau,, Tel.: +43 2713 2029, Fax: +43 2713 2029 20) by means of a clear explanation (for example a consigned by post mail, fax or e-mail) about your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not compulsory. To meet the cancellation deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the deadline.
Effects of withdrawal
If you withdraw from this contract, we will reimburse all payments we receive from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a different method of delivery than that offered by us cheapest standard), immediately and repay later than fourteen days from the date on which the notice is received through your cancellation of this agreement with us. For this repayment we use the same method of payment that you used in the original transaction, unless you expressly agreed otherwise; in any case, you will be charged fees for such repayment. We may refuse reimbursement until we have received the goods back, or until you have demonstrated that you have returned the goods, whichever is the earlier.
You have to send back the goods promptly and in any event not later than fourteen days from the date on which you notify us of any cancellation of this contract to us or passed. The deadline is met if you send the goods before the expiry of the period of fourteen days. We will bear the cost of returning the goods up to a value of EUR 40,-. You only need to pay for any diminished value of the goods when such loss in value is due to a necessary to ascertain the nature, characteristics and functioning of the goods dealing with you.

The right to cancel does not apply to the following contracts:
  • Contracts for the supply of goods which can spoil quickly or whose expiration date has passed quickly.
  • Contracts for the supply of sealed goods which are unsuitable for reasons of health or hygiene to return when their unsealed after delivery.
  • Contracts for the supply of alcoholic beverages, the price has been agreed in the contract that can be delivered earlier than 30 days after the conclusion of the contract, however, and the current value of fluctuations in the market depends on the entrepreneur´s control. 
§ 7. Return of goods
The Vinothek Fohringer is prepared to take back with her purchased goods and refund the full purchase price under the following conditions until further notice:
The return must be in original packaging within 10 days of the invoice date, undamaged and done, enclosing the original invoice.
The redemption will be made to the price valid at the time of original purchase.
The refund of the purchase price shall be paid in the form of a credit. Of these, specifically excluded are separately procured wines (Broker-items), exhibition items, closeouts and subsets of packaging as well as subsets of sets.

If the buyer is a consumer under the Consumer Protection Act and he has placed his order by mail, phone, fax, e-mail or via the internet online shop, it may in accordance with §§5e – 5h Consumer Protection Act within seven days of delivery in writing or withdraw by returning the goods from the contract. The withdrawal does not require justification, but must be sent only on time. The buyer gets to return the goods to the purchase price already paid (except shipping costs) refunded, but has – from a value of EUR 40,- - to bear the cost of returning.
§ 8. Guarantee
Commitments, how about the availability or special qualities of the goods or statements of employees of the Vinothek Fohringer are not binding and not expressly guarantee of specific properties, if they are not made in writing.
Warranty claims presuppose that defects in the Vinothek Fohringer be displayed without delay and apparent defects immediately upon acceptance, hidden defects after discovery, and upon presentation of the original invoice and unopened merchandise.
A warranty claim is in any case limited to the invoice value of the delivered and defective goods.
The Vinothek Fohringer fulfill its warranty obligations at its discretion either by supplying defective goods, improvement, replacement delivery shortages or rescission of the contract (means, Refund of the purchase price) within a reasonable time.
Customary or minor technical deviations of the quality, quantity, color, size, weight, finish or design does not constitute warranty defects still non-performance of the contract.
Replacement for cork: There is no general right to replacement of cork. Cork and wine are natural products, so isolated corked bottles are inevitable. Any excretions (i.e. Depot or tartar) are not a defect. Unless otherwise stated, the statutory warranty applies.
We would like to point out that the complaint of corks can only be replaced after consultation with the winery.
Wines, older than the year 2012 - are completely excluded from cork complaints.- Please ensure that the corky bottle is almost full with the "faulty original cork" and must be returned to us within 14 days.
  - only then the winery can check this complaint and offer a credit note.

§ 9. Liability for damages
The Vinothek Fohringer liable for damages only in cases of intent or gross negligence, with the exception of damage to the person. The liability is limited in accordance with statutory requirements with 10% of the value. The substitution of (defects) consequential damages, other property, financial losses and damages resulting from claims of third parties against the purchaser is excluded.
§ 10. Deliveries

Delivery of the goods shall be in cartons by post, rail, forwarding or by the driver of the Vinothek Fohringer.
The risk of destruction, loss or damage to the goods passes to their delivery, or in the case of collection of wines by the buyer with their deployment on these. The client reserves in any case, partial deliveries. If timely delivery as well as the event of complete failure to supply the purchaser is not entitled to damages or rescission of the contract. In case of unforeseen events IWB-Hubert Fohringer GmbH is entitled to extend the delivery period or to withdraw from the contract. Unless otherwise agreed, delivery from the storage Spitz to the delivery address given by the customer. Deliveries in the EU area or in third countries are made exclusively from stock Spitz. The usual cost of shipping delivery billed – for a delivery by the company van of Vinothek Fohringer be – unless expressly agreed otherwise – the usual cost of shipping delivery invoice (see shipping table). For personal or removal of the goods separate cost will be charged.
The Vinothek Fohringer shipped in principle to all EU Countries of the Schengen agreement and Switzerland. Fall on corresponding import charges for deliveries to Switzerland. This is handled by the Customs directly with the receiver. All costs associated with the forwarding charges, including any import or export duties borne by the buyer.
Delivery conditions:
AUSTRIA                       1-12 bottles                                                                                                                                 € 11,-  (incl.)           
GERMANY                    1- 12 bottles                                                                                                                                € 19,-  (incl.)           
ZONE 2                         1- 12 bottles                                                                                                                                € 29,- (incl.)
                                       Belgium, Italy, Luxembourg, Netherlands, Slovakia, Slovenia, Czech Republic, Hungary  
ZONE 3                         1 - 12 bottles                                                                                                                               € 39 ,- (incl.)
                                       Denmark, Finland, France, Great Britain, Sweden                 
ZONE 4                         1 - 6 bottles                                                                                                                                 € 39 ,- (incl.)
                                       7 - 12 bottles                                                                                                                               € 46 ,- (incl.)
                                       Estonia, Greece, Ireland, Latvia, Lithuania, Malta, Poland, Portugal, Romania, Spain
Excluded from these Conditions of Sale are Express shipments, broker or action wines, subscriptions and special sales / third party deals from newsletters etc.
Basically – our prices are always stock Spitz – free home delivery from the following order sizes:

Austria –  from € 150,-  free home delivery
Germany –  FREE DELIVERY – Possible with following bottles and value staggering:                  
1 to 12 bottles and amount over € 300,-
13 to 24 bottles and amount over € 400,-
25 to 36 bottles and amount over € 500,-
Austria   "Gastronomy"  from € 500,-  free home delivery
Austria  "Wholesale“    from € 1.000,-  free home delivery | from € 500,-  50 % of the cost
Deliveries to Germany – individual agreement otherwise generally ex stock Spitz
  • Please note for orders outside of Austria our minimum order value of € 200, -
    (Otherwise € 20, - processing fee)
  • We recommend an order quantity, which is divisible by 6, since the wines are packed in boxes of 6 and 12 and the shipping costs per carton are calculated.
  • We delivery to any address in the world - Prices on inquiry
  • We do not take the costs for any special charges, duties, … etc. which will be charged upon import into your country.
  • Promotion wines, subscriptions, broker's items as well as special sales - always Ex Warehouse Spitz
  • Deliveries by forwarding agents always take place "free first curb"
  • The personal delivery - directly in the apartment - cellar - floors etc. - represents a special service and requires a prior consultation. The surcharge is 25 Euro - please note that the delivery time can be extended.
  • Administrative documents / EMCS (customs papers) € 30,- administrative charge / from purchase over € 500,- free of charge
  • We reserve the right to dispatch heavy or bulky goods, express deliveries and disproportionate delivery costs. To submit a separate offer immediately after the order request - but always before the dispatch of the goods! 
§ 11. Collection
The wine shop Fohringer grants 2% discount upon self-collection. For collection of the goods by the buyer enjoyment and risk latest at the point of delivery to the spot to the buyer. For delivery of the goods by the Vinothek Fohringer the collection is at the reach of the tailgate of a truck or crane point and goes use and risk at the latest with the handover to the customer or his representative.
At the Vinothek Fohringer ordered or picked goods must be collected within 14 days of notification or picking. Agreed a possible longer shelf life up to maximum of 4 weeks and must be recognized by software on the order or invoice. If the goods are not collected or not taken within this period, the Vinothek Fohringer has the right, either to store the goods at the buyer´s risk, taking into account a storage fee of 5% of the invoice amount per month plus tax and to insist on performance of the contract or cancel the contract after a grace period of 2 weeks and sell the goods to another customer, which has to be paid in this case the buyer an immediately payable handling fee of 10% of the purchase price plus sales tax.
§ 12. Subscriptions
With a subscription to the purchaser acquires the right of option referred to in the relevant subscription offer wine with a delivery at a later date. Subscription offers are non-binding. (Errors and price change expected). In oversubscription of a wine, the Vinothek Fohringer reserves the allocation of even tiny amounts. For transactions with customers are objectively justified and minor changes that do not affect the price allowed. The prices are always daily prices and are ex stock Spitz. When changing the VAT rate correction calculation is done at the factory. The freight will be calculated at the time of delivery at the rate then applicable. The invoice will be issued by the Vinothek Fohringer including all shipping costs incurred. Payment is net – not later than 7 days after the invoice date. Failure to meet the payment deadline, the claim for ordered wine goes off. The delivery dates of the wines are dependent on the release of the producers and can be moved. With the failure of delivery, the deposit of the purchaser receives the subscription wine refunded immediately. There is no claim for compensation in kind.
§ 13. Youth Protection
The supply and delivery of wine and spirits can only be made to persons over 18 years. To comply the law the Vinothek Fohringer is entitled to transfer goods only after legitimation by an official photo ID. In the case of justified refusal to surrender the customer is obliged to compensate for the actual damage.
§ 14. Protection of data privacy
The customer agrees to the collection, processing and use of personal data explicitly. This data is used to satisfy legal requirements, to process payment and customer care. Likewise, the purchaser of receiving newsletters and price lists by e-mail.
§ 15. Copyright and use
The author grants you the specific right of use to make a private copy for personal use. You do not, however to change the materials and / or pass or even to publish. Unless expressly stated otherwise, the copyright for texts, images and the impression of the website at IWB-Hubert Fohringer GmbH
* Unwanted Advertising – According to § 28 BDSG we oppose any commercial use and disclosure of our data! According to § 7 UWG we expressly refuse our consent to contact via phone, text, email, fax and all other forms of communication for purposes of advertising!
§ 16. Jurisdiction and other provisions
Performance for deliveries and payments is Spitz an der Donau, exclusive jurisdiction is Krems. To decide on all incurred in connection with the contract dispute, the competent court in Krems has exclusive jurisdiction. If any provision of the agreement or these terms and conditions are invalid, this does not invalidate the entire contract. The remainder of the contract remains unchanged.
The contract is subject to Austrian law to the exclusion of the UN Sales Convention.