Terms and Conditions
1. General Provisions
The following Terms and Conditions of Sale and Delivery apply to all sales of our products and, once received by the customer, apply to all transactions. Any amendments to these terms and conditions, as well as any verbal side agreements and subsequent contract amendments, are valid only if confirmed by us in writing.
2. Conclusion of the Contract
2.1 The contract with us is not concluded until we issue an order confirmation. At the customer’s express request, this confirmation will be provided in writing. If the order was placed in response to our offer, the contract is concluded upon placement of the order, without the need for further confirmation. If there is neither an offer nor a written order confirmation, but only the customer’s order, the contract is deemed concluded as soon as we have issued the shipping or delivery order.
2.2 Orders for products of any kind, room reservations, events, and services are binding on the buyer unless they are contested within 1 business day of receipt.
3. Prices
3.1 For business customers, prices are net plus sales tax.
3.2 Regardless of the quoted price, the prices in effect on the day of delivery shall apply for billing purposes. We will therefore adjust the invoice to reflect any higher or lower price resulting from a price change between the time the order is placed and the time of delivery. Multiple buyers are jointly and severally liable for payment. We reserve the right to determine the shipping method; otherwise, unless otherwise specified, shipping is EX WORKS.
4. Terms of Payment
The invoice amount is due without deduction within 14 days of the invoice date. All payments and wire transfers must be made free of charges. If the payment deadline is exceeded, the buyer (dealer) is obligated to pay 12% p.a. in late payment interest, and the end consumer 5% p.a. Payments without a specific designation must be applied to the oldest outstanding invoice. In the event of late payment, the right to set off is forfeited in all cases where an installment agreement is in place, and any volume discounts granted shall cease to be valid. Money orders, checks, and bills of exchange are accepted only by special agreement. All related fees and interest (e.g., discount interest and reminder fees) must be paid immediately by the buyer. Offsetting against the purchase price, regardless of the legal basis, as well as withholding of the purchase price by the buyer, is excluded in all cases.
5. Packaging
The prices for 0.75-liter bottles include the glass and packaging. Unless otherwise agreed, the following applies: All other packaging will be billed upon delivery and remains the property of Weingut Zöhrer. In general, the buyer is obligated to return the packaging to us in Krems in undamaged condition (freight and charges prepaid) within 3 months. However, this clause does not apply to cardboard boxes.
6. Consignment goods
When goods are consigned, the quantities sold are to be invoiced at the end of each month. The equivalent value is payable in full by the 10th of the following month. If payment has not been received by the 15th of the month in question, we are entitled to demand immediate payment of the entire outstanding balance without deduction. Unless a special agreement has been made regarding the invoicing and payment of consignment goods, these will be invoiced three months after delivery. In the event of price changes, the customer will have the opportunity to purchase the goods at the reduced price upon immediate net cash payment or to continue holding them on consignment at the increased price. Weingut Zöhrer reserves the right to inspect the consignment stock at any time.
7. Retention of Title
7.1 We reserve title to the delivered goods until all claims arising from our business relationship with the customer have been satisfied.
7.2 The retention-of-title provisions shall remain in effect until the customer has settled all claims to which we are entitled.
7.3 We are also entitled to set off claims.
8. Reservation
We reserve the right to refuse to fulfill incoming orders. In such cases, we will notify the customer as soon as possible, but no later than within 14 business days.
9. Warranty
9.1 The customer must notify us in writing of any defects immediately; otherwise, claims for defects cannot be asserted.
9.2 The warranty period begins upon delivery of the goods to the customer.
10. Selection of Varieties
If a particular variety is sold out, the Zöhrer Winery reserves the right to deliver the same variety (from a different vintage) or a similar variety. This means that the Zöhrer Winery is entitled to deliver a similar or equivalent variety as a substitute.
11. Place of Performance, Jurisdiction
. The place of performance is 3500 Krems an der Donau. Any claims or legal actions may be brought exclusively before the court with subject-matter jurisdiction over 3500 Krems an der Donau.
12. Cork Taint
The winemaker is not responsible for defects caused by faulty corks. Defective bottles will be replaced under the following conditions: The defective bottle must be resealed with the faulty cork and returned to the Zöhrer Winery in Krems.
13. Damage During Shipping:
For damage or defects that occur during shipping, we guarantee full replacement under the following conditions:
- Incoming goods must be inspected immediately to ensure they are in good condition and complete.
- Any complaints regarding the merchandise must be reported to us within 4 business days.
- Any claims must be confirmed by the shipping company and forwarded to us so that we can initiate the insurance process.
- In the event of damage to the merchandise that is not visible from the outside, we require a written damage report with detailed photos of all the merchandise—both damaged and undamaged items.