Imprint
Responsible For The Content:
Weingut Christian Fischer GmbH
Hauptstraße 33
AT-2504 Sooß
Business activity: Winery
VAT registration number: ATU80685126
Commercial register number: FN 615430 w
Commercial register court: Landesgericht Wiener Neustadt
Contact details:
office@weingut-fischer.at
+43 676 6035550
Bank details:
Raiffeisenlandesbank Niederösterreich-Wien AG
IBAN: AT98 3200 0000 1406 6617
BIC: RLNWATWWXXX
Memberships: WKÖ, WKNÖ
Professional law: Trade regulations, www.ris.bka.gv.at
Supervisory authority/trade authority: District Commission Baden
Information on online dispute resolution:
Consumers can submit complaints to the EU’s online dispute resolution platform: .
You can also submit your complaint directly to us at the following email address: office@weingut-fischer.at
Managing Directors: Christian Fischer, Arsen-Yuriy Motuzyshyn
Terms and Conditions
I. SCOPE OF APPLICATION
Our General Terms and Conditions (hereinafter referred to as “GTC”) apply to all sales contracts concluded by us as sellers of goods (in particular wine and sparkling wine) with our customers. Our customers’ terms and conditions that differ from these conditions do not become part of the contract. Our Terms and Conditions apply exclusively, unless they are either modified or supplemented by supplementary special terms and conditions for certain company divisions or by express written individual agreement. These Terms and Conditions also form the basis for all future purchase contracts between us and the respective customer.
II. FORMATION OF THE PURCHASE CONTRACT
All offers in sales offers, price lists and other information material from Weingut Christian Fischer GmbH, on the Weingut Christian Fischer GmbH website (www.weingut-fischer.at) and the like are “without obligation”. The customer’s orders constitute a binding offer. Weingut Christian Fischer GmbH is free to either accept or reject offers to conclude purchase contracts within 14 days of receipt of the offer by sending a corresponding declaration to the customer. The offer is valid “while stocks last”. We will accept the order at our discretion within 14 days by sending an order confirmation by email or by sending the ordered goods directly. The goods are deemed to have been sent if they are kept available at our sales outlets in accordance with the agreement.
III. PURCHASE PRICE
In principle, the purchase price for the ordered goods as stated in our current sales offers, price lists or other documentation shall be deemed agreed. These prices include the statutory value added tax, but exclude shipping costs, customs duties, etc. The invoice amount is due for payment immediately without deduction upon receipt. In the event of default in payment, the statutory default interest rates according to Austrian ABGB and UGB shall be deemed agreed. Weingut Christian Fischer GmbH reserves the right to increase the purchase prices in line with the cost increases due to tax increases, exchange rate fluctuations or material price increases for purchase contracts with an agreed delivery time of more than three months. If the increase amounts to more than 10% of the agreed price, the customer has a right of withdrawal with regard to those goods affected by this price increase.
IV. DELIVERY TIME
We fulfill our delivery obligations based on concluded sales contracts in principle at the latest within one month from the conclusion of the sales contract. If we are unable to fulfill the contract – for example, due to the unavailability of the goods – the customer will be notified immediately after becoming aware of this.
V. RETENTION OF TITLE
Weingut Christian Fischer GmbH retains ownership of the purchased item until the purchase price has been paid in full. This also applies in the event that the delivered items are resold, modified, processed or blended.
VI. LIMITATION OF LIABILITY
Weingut Christian Fischer GmbH is not liable for damages that do not occur to the delivery item itself; in particular, Weingut Christian Fischer GmbH is not liable for lost profits or for other financial losses of the customer. Insofar as the liability of Weingut Christian Fischer GmbH is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents. Insofar as Weingut Christian Fischer GmbH negligently violates an essential contractual obligation, the obligation to pay compensation for property damage is limited to the typically occurring damage.
VII. WARRANTY AND DAMAGES
Weingut Christian Fischer GmbH warrants, in accordance with the following provisions, that the subject matter of the contract corresponds to the order upon delivery or collection and is suitable for normal use. The customer can only invoke warranty rights if they have notified Weingut Christian Fischer GmbH immediately in writing of the defects that have occurred. Complaints and objections made orally, by telephone or not immediately will not be considered. In the event of a warranty claim in accordance with these provisions, Weingut Christian Fischer GmbH shall primarily rectify the defect or exchange the goods in accordance with general warranty provisions.
The customer can only demand a price reduction or rescission if improvement or replacement is not possible, would involve a disproportionate effort for Weingut Christian Fischer GmbH or if Weingut Christian Fischer GmbH does not meet the customer’s request or does not meet it within a reasonable period of time. Furthermore, Weingut Christian Fischer GmbH can offer a price reduction or rescission if improvement or replacement would involve a disproportionate effort for it.
The right of conversion is excluded if the defect is only minor. The customer shall only be entitled to claim damages if these are based on intent or gross negligence on the part of Weingut Christian Fischer GmbH.
VIII. SPECIAL PROVISIONS FOR CONSUMERS/WITHDRAWAL
If the customer is a consumer within the meaning of the Austrian KSchG and the transaction is a distance selling transaction, they may revoke the contract within 14 days without stating reasons. The revocation period is 14 days from the date of the conclusion of the contract. To exercise the right of withdrawal, the customer must inform Weingut Christian Fischer GmbH, by means of a written declaration stating the name, address, telephone number and the decision to revoke the contract. The deadlines are met if the customer sends the notification of withdrawal from the contract before the withdrawal period has expired.
If the customer withdraws from the contract, Weingut Christian Fischer GmbH shall repay all payments received from the customer, including delivery costs (with the exception of additional costs resulting from the customer choosing a different type of delivery from that offered by Weingut has chosen a different method of delivery from the low-cost standard delivery offered by Weingut Christian Fischer GmbH) without undue delay and at the latest within 14 days from the day on which Weingut Christian Fischer GmbH received the notification of the cancellation of the contract. Weingut Christian Fischer GmbH will use the same means of payment for this repayment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no event will Weingut Christian Fischer GmbH charge fees for this repayment. Weingut Christian Fischer GmbH may refuse repayment until it has received the goods back or until the customer has provided proof that he has returned the goods, whichever is earlier.
The customer shall send back the goods or hand them over to Weingut Christian Fischer GmbH without undue delay and in any event not later than 14 days from the day on which he/she communicated his/her withdrawal from this contract to Weingut Christian Fischer GmbH. The customer shall bear the direct cost of returning the goods. The customer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
A sample revocation form that can be used for revocation is available here.
IX. DATA PROTECTION
Our website provides comprehensive information about our data protection policy on the Privacy page. It explains what information we collect, for what reason and how we use this information.
X. CONTRACT LANGUAGE, APPLICABLE LAW, PLACE OF PERFORMANCE, JURISDICTION
The contract language is German. All purchase contracts concluded by us are subject to Austrian law, excluding the national conflict of laws rules and the UN Sales Convention, unless otherwise agreed.
The place of performance and exclusive place of jurisdiction is the seller’s registered office, provided that there is no compulsory place of jurisdiction. In this case, the court having jurisdiction over commercial matters is the court having jurisdiction over the subject matter, provided that there is no compulsory jurisdiction.
XI. FINAL PROVISIONS
Amendments and supplements to these General Terms and Conditions and all contracts concluded on their basis can only be made in writing. This also applies to the waiver of the written form requirement. Should individual provisions of these GTC contradict mandatory statutory provisions, the remaining provisions of these GTC nevertheless retain their validity.
