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, 2023
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, 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.