Terms of Service

These general terms and conditions (GTC) apply to the sale and delivery of goods by Weingut Zahel GmbH (hereinafter referred to as “Weingut Zahel”) with its office located at Maurer Hauptplatz 9, 1230 Vienna and registration in the commercial register found under number FN 374763 Y.

By placing an order, you agree to the following terms and conditions. If you purchase goods through our online shop, you agree to these terms and conditions when you click the button to submit your order.

The General Terms and Conditions can be changed by Weingut Zahel at any time and apply in their most current version at the time of your order.

Different terms and conditions are not valid unless Weingut Zahel has agreed to them in writing or by email before accepting the order.

The general terms and conditions can be viewed at any time at Weingut Zahel’s website (Zahel.at) or online shop (shop.zahel.at).

Offer and Conclusion of Contract

The products presented by Weingut Zahel do not constitute a legally binding offer. Your order represents a binding offer. A written confirmation with all relevant order data will be sent to you by email.

Your acceptance of the offer is concluded only once the products have been delivered. The Purchase Contract between you and Weingut Zahel becomes effective only when the offer is accepted by Weingut Zahel. The acceptance of orders is subject to available delivery options and errors.

Weingut Zahel is entitled to refuse an order without providing a reason.

Orders

Weingut Zahel takes orders by phone, fax or email, in our shop located at Maurer Hauptplatz 9, 1230, Vienna, or via the online shop at shop.zahel.at Monday through Friday from 12:00 to 18:00. The hours during which orders are accepted may be changed occasionally by Weingut Zahel, as communicated in advertising mailings or on the online shop.

If orders are submitted outside of our stated hours of operation, they are only considered received at the beginning of the next business day.

When placing an order, you must state the exact delivery location. You are obliged to ensure that the goods you’ve ordered can be properly received at the specified delivery location.

Weingut Zahel will send you a written (via fax or email) order confirmation with all relevant order data.

Changes or cancellations of orders by the buyer must be made in written form (fax or email). Weingut Zahel reserves the right to accept these kinds of declarations in other forms (for example, in person or by phone), but these only become effective when recognized in writing by Weingut Zahel.

Returns

Until otherwise specified, Weingut Zahel is prepared accept returns of goods purchased by you for full reimbursement of the purchase price under the following conditions:

Goods may be returned undamaged, in their original packaging, and accompanied by an original receipt within 10 days of purchase.

Items bought as part of a sale will only be taken back in the full quantity purchased, as specified in the special offer. Refunds are to be issued in the amount paid at the original time of sale.

The purchase price will be refunded in the form of a credit to the payment method used in the original order.

Right of Withdrawal by the consumer according to the Consumer Protection Act

According to the KSchG (“Konsumentenschutzgesetz” or Customer Protection Act) and in ordinance with our Terms of Service, a consumer who places his order by post, telephone, fax, email or via the online shop can within 14 days from the day the goods are received, may withdraw from the contract entered with Weingut Zahel without stating a reason (§ 11 FAGG). The withdrawal period begins on the day on which the goods are received by the consumer or a third party designated by him or her. In the event of a purchase contract including several items, the cancellation period begins as soon as the consumer or a third party designated by him has received the last partial shipment or the last item.

The date of you receive the goods is not included in the deadline. Saturdays, Sundays and public holidays count towards the calculation of the deadline. To meet the cancellation deadline, it is sufficient to send the cancellation notice or return the goods in good time.

To exercise your right of withdrawal, you must contact Weingut Zahel by phone at +43 (0) 1 890 0581, by email winery@zahel.at or by letter, addressed to Weingut Zahel GmbH, Maurer Hauptplatz 9, 1230 Vienna with a clear statement about your decision to cancel the contract. You can use the model withdrawal form for this. To meet the cancellation deadline, it is sufficient for you to send your communication regarding your right of cancellation before the cancellation period expires.

Consequences of withdrawal by the consumer according to the Consumer Protection Act

If you exercise your right to cancel the purchase contract, Weingut Zahel must repay any payments received from you, including delivery costs, immediately and at the latest within 14 days from the date on which Weingut Zahel received notification of your cancellation of this contract. Weingut Zahel uses the same method of payment for this repayment that you used in the original transaction, unless another arrangement has been agreed upon. Under no circumstances will you be charged any fees for this repayment. Weingut Zahel can postpone repayment until the returned goods have been received or until you have provided proof that you have sent the goods, whichever occurs first.

You must mail or personally deliver the goods to Weingut Zahel GmbH, Maurer Hauptplatz 9, 1230 Vienna, at within 14 days of declaring your right to revoke the Purchase Contract. The deadline is met if you send the goods before the 14-day period has expired. In exercising your right of withdrawal, you must bear the costs of the return shipment, as well as any risk involved damage or loss during the return shipment of the goods.

Prices

The prices of the goods are stated in euros and include all domestic statutory taxes and duties. The gross prices listed, however, do not include any packaging or shipping costs.

Deliveries outside Austria and Germany may incur additional duties and/or taxes, including any import or export taxes and any excise duties that may change the gross prices offered. As the purchaser, you are responsible for payment of any such duties and/or taxes. Deliveries outside Austria and Germany can only be made if there are no legal or disproportionate logistical obstacles to the delivery.

Other prices stated in catalogs, brochures, pricelists etc. are, unless expressly stated otherwise, non-binding. The prices are also non-binding for repeat orders. Prices are based on the amount shown at moment you add an item to your order/shopping cart. Should the costs change by the time you pay and submit your order, Weingut Zahel is entitled to adjust the prices accordingly. The binding prices are displayed in the online shopping cart before check-out, and for an order placed by post, telephone, fax or e-mail, are also shown in the order confirmation given by Weingut Zahel in writing (including by fax or e-mail).

Shipping Costs

The payment of all shipping costs is the responsibility of you, the purchaser. When you place an order via our online shop, delivery costs are displayed after you have completed selecting the items in your shopping cart. For orders placed by post, telephone, fax or email, Weingut Zahel will notify you all applicable shipping costs in a written Order Confirmation, sent via fax or email.

The shipping conditions/costs are as follows:

Austria
DPD Standard (3-5 business days following the receipt of the order)
1 to 6 bottles, €8,00
7 to 11 bottles, €10,00
12 bottles or more, free shipping

Germany
DPD Standard (3-5 business days following the receipt of the order)
1 to 6 bottles, €16,00
7 to 11 bottles, €20,00
13 to 23 bottles, €35,00
24 bottles or more, free shipping

Delivery

Within Austria and Germany, deliveries are made with DPD wine logistics. Weingut Zahel — in the absence of special instructions from you as the buyer — functions as your representative in determining the mode of transport and the transport route. The delivery time is estimated at 5 working days, unless clearly stated otherwise in the product description.

When expressly stated at the time of purchase, you may also pick up your order in person at our winery.

When selecting this option, you agree to receive your invoice electronically as a PDF.

Should an item be out of stock, Weingut Zahel reserves the right to fulfill a smaller quantity. In this instance, the customer will be credited for the items deemed undeliverable. In the event that a shipment is delayed for reasons which Weingut Zahel is not responsible, the obligation to adhere to the stated time-frame expires on the original, estimated delivery date. Circumstances in which Weingut Zahel is NOT responsible for delays in delivery include: difficulty obtaining third-party materials, operational disruptions, traffic disruptions, lockouts and strikes as well as all cases of force majeure. Weingut Zahel will contact you immediately in such cases to arrange an alternative date for the delivery.

In this instance, if Weingut Zahel offers you a new delivery date, no later than two weeks following the one of the originally estimated and the shipment is successfully delivered, this constitutes an “on-time” delivery as pertaining to the original purchase contract.

If Weingut Zahel is unable to offer you a new delivery date or the new delivery date cannot be met (in instances where delivery is deemed impossible due to circumstances for which Weingut Zahel is not responsible), Weingut Zahel is entitled to withdraw completely or partially from the original purchase contract without being liable for damages. You may also withdraw from the contract in such instances.

In the event that that purchaser refuses of the ordered goods, Weingut Zahel is entitled reimbursement of any resulting expenses, such as wasted transportation costs. This does not apply if Weingut Zahel does not perform its services in accordance with the contract.

Partial and replacement deliveries

Orders will be fulfilled in their entirety when your desired items are in stock or will soon be in stock again. Should all products not be immediately available, Weingut Zahel will send you the items in partial deliveries as they become available. You will be notified of any partial shipments and will incur not additional delivery costs under such circumstances.

Payment and late payment

For orders submitted via our online shop, payment is due at check-out, when the order is finalized. For orders submitted via email or phone, payment is requested at the latest when the goods are delivered.

This also applies to partial deliveries in which the purchase price is to be paid for the partial quantities delivered.

Online shop orders can be paid exclusively by credit card, unless another written agreement has been made with Weingut Zahel.

When placing the order, you are responsible for 100% payment of the purchase price.

Payments to the staff of Weingut Zahel will only be recognized if they are confirmed with a receipt. This provision does not apply to transactions by consumers within the meaning of the Austrian Consumer Protection Act (KSchG).

If you are late with payment or other responsibilities specified in the purchase contract, Weingut Zahel can:

• postpone the fulfillment of their obligations as stated in the purchase contract until the outstanding payments have been submitted,
• extend of the estimated delivery period corresponding to your delay of payment of other contract-stated responsibilities,
• withdraw from the contract if a reasonable time period is not met.

Discounts or bonuses can only be applied at the time of complete payment. When paying with gift certificates no credits can be issued for any remaining amounts. The redemption period for credits and gift certificates will be clearly stated on the voucher itself.

Discounts do not apply to subscriptions, some specialty items, competitions of any kind or already reduced goods. Discounts and special offers can only be used in the purchase of normal household quantities.

Transfer of Risk

If you pick up the goods yourself, the benefits and risks are passed to you the purchaser at the latest when the goods are handed to you at the cash desk.

When ordered goods are to be delivered, benefits and risks pass to you upon transfer of the goods from Weingut Zahel to the shipping carrier. Delivery is therefore at your own expense and risk.

In the case of delivery to consumers within the context of the Consumer Protection Act, benefits and risks pass to the consumer as soon as the goods are delivered to the consumer or to a third party designated by him or her (not including the shipping carrier). However, if the consumer himself decides to arrange alternative transportation of the purchased goods, disregarding the original shipping suggestion of Weingut Zahel, the risk passes to the shipping carrier as soon as the goods are handed over.

Delayed Acceptance by the Buyer

In the event that that purchaser refuses of the ordered goods, Weingut Zahel is entitled to reimbursement of any resulting expenses, such as wasted transportation costs. This does not apply if Weingut Zahel does not perform its services in accordance with the contract.

Goods ordered from Weingut Zahel must be retrieved within 14 days of notification that they are ready for pick up. Longer storage periods of a maximum of four weeks must be expressly agreed upon with Weingut Zahel and recorded on the order summary or invoice.

If the goods are not picked up by you within this period, Weingut Zahel has the right to either (a) insist on your compliance with the original purchase contact, storing the goods at your risk until you collect them, and apply a storage fee of 5% of the invoice amount, charged per month with the addition of applicable sales taxes and wait to wait to fulfill the contract or (b) after setting reasonable extension period of 2 weeks, to withdraw from the contract and resell the goods to another customer, in which case the buyer has to pay an immediately due manipulation fee of 10% of the purchase price plus sales tax.

Retention of Ownership

Weingut Zahel retains ownership of all goods until full payment of the purchase price, including ancillary fees.

Warranty

Claims, such as uses or special properties of our products, or declarations made by our employees are non-binding and do not constitute an express assurance of certain properties if they are not made in writing (including by fax or email).

Warranty claims require defects to Weingut Zahel to be reported immediately. Recognizable defects must be reported immediately upon receipt and hidden defects as soon as they are discovered. To be recognized, products subject to the warranty claim must be presented in their original packaging with the original invoice.

A warranty claim is in all instances limited to the purchase price of the delivered and defective goods. Weingut Zahel fulfills its warranty obligations according to the customer’s wishes, either with the delivery of defect-free goods, subsequent delivery of missing items, or reversal of the original purchase contract (i.e. repayment of the purchase price) within a reasonable period.

For business with customers, in accordance with the Austrian Consumer Protection Act, points 15.1 to 15.4, the consumer can, in the event of a defect, request in compliance with statutory provisions, improvement, replacement of the item or reasonable price reduction.

Taste/flavor qualities, as well as technical deviations in quality, quantity, color, size, weight, packaging or design do not constitute warranty defects or non-fulfillment of the purchase contract.

Weingut Zahel is also not liable to ensure consistency of taste, color or materials, should these qualities differ when products are re-ordered. This applies to goods ordered according to a sample, provided any deviations fall within the commercial and technical limits. After tasting, consumption or alteration of the goods, any guarantee is voided.

The warranty period is valid 2 years from the time of the transfer of risk according to Article 12 of the Austrian Consumer Protection Act or “KSchG.” Points 15.6 to 15.8 do not apply to transactions with consumers according to the Consumer Protection Act.

Exclusion of liability

Die Haftung gegenüber Unternehmern im Sinne des Unternehmensgesetzbuches für leicht fahrlässig zugefügte Schäden ist ausgeschlossen. Die Haftungsbeschränkung gilt nicht für Schäden aus der Verletzung des Lebens, des Körpers oder der Gesundheit von Menschen und für Ansprüche nach dem österreichischen Produkthaftungsgesetz.

Unternehmer haben das Vorliegen von Vorsatz oder grober Fahrlässigkeit zu beweisen. Gegenüber Unternehmern ist die Haftung für entgangenen Gewinn und sonstiger Folgeschäden ausgeschlossen. Weiters ist ihnen gegenüber der Haftung mit 10 % des Kaufpreises begrenzt. Der Ersatz von (Mangel-) Folgeschäden, sonstigen Sachschäden, Vermögensschäden und Schäden aus Ansprüchen Dritter gegen den Kunden ist gegenüber Unternehmern ebenfalls ausgeschlossen. Für Geschäfte mit Verbrauchern im Sinne des KSchG gilt dies nicht.

IT processing and customer data

You agree that your personal data provided when making online purchases will be stored and processed in compliance with the provisions of the Data Protection Act. To the extent necessary, this data is used to comply with legal regulations, to process payment transactions, facilitate customer care and aid in marketing purposes.

You also agree to receive emails from Weingut Zahel for promotional purposes by electronic mail (for example, by email or SMS). This consent can be revoked at any time by email to winery@zahel.at.

The data from Weingut Zahel will not be passed on to other companies as part of customer care.

Protection of minors

By placing an order, you confirm that you (and, if applicable, the recipient of the goods) is older than 18 years.

Delivery of wine and spirits can only be made to persons over the age of 18. In order to comply with the legal regulations, Weingut Zahel is entitled verify the age of the receiver with a government-issued ID before handing over goods purchased. In the event of a justified refusal to hand over the goods, you are obliged to bare any incurred costs, such as delivery costs.

Final provisions

Should one of the provisions of these general terms and conditions be ineffective, this does not invalidate the entire general terms and conditions. Instead of the ineffective provisions, the relevant statutory provisions apply under Austrian law. The remaining terms and conditions remain unchanged.

The location of fulfillment is Vienna, at the business address of Weingut Zahel. This does not apply to consumers in the sense of (KSchG).

The presiding court in Vienna is solely responsible for deciding all disputes arising in connection with the contractual relationship.

Der Vertrag unterliegt österreichischem Recht unter Ausschluss des UN-Kaufrechts.

Punkt 19.4 gilt mit der Einschränkung, dass unter den Bedingungen des Art 6 der Verordnung (EG) Nr. 593/2008 des Europäischen Parlaments und des Rates vom 17. Juni 2008 über das auf vertragliche Schuldverhältnisse abzuwendende Recht (“Rom I”) besondere Verbraucherschutzbestimmungen des Rechts des Staates, in dem der Verbraucher seinen gewöhnlichen Aufenthalt hat, dem gewählten österreichischen Recht vorgehen können.

For changes to your order, complaints and comments, you can reach us from Monday through Friday from 10 a.m. to 4 p.m. by phone at +43 (0) 1 890 0581, or by email at winery@zahel.at.