For all orders over our on-line shop by consumers and entrepreneurs the following AGB is valid.
Consumer is each natural person, who concludes a legal transaction for purposes, which can be added neither to their commercial nor their independent vocational activity predominantly. Entrepreneur is a natural or legal entity or a legally responsible unincorporated firm, who acts at the time of conclusion of a legal transaction in practice of its commercial or independent vocational activity.
Opposite entrepreneurs this AGB is valid also for future business relations, without we would have to refer again to her. If the entrepreneur uses opposing or supplementing general trading conditions, hereby one contradicts to their validity; they become part of contract only if we agreed that expressly.
2. Contracting party, contract conclusion
The sales contract comes off with Mediterranean delicacies, Inh. Walter Schmacher, vineyard 125, 9133 Sittersdorf
The representation of the products in on-line shop does not represent a legally binding offer, but a noncommittal on-line catalog. They can put our products without obligation first into the shopping card and at any time correct your inputs before mailing your obligatory order, by using the spelling checks described for this planned in the order expiration and. By clicking the order button you deliver an obligatory order of the goods contained in the shopping card. The confirmation of the entrance of your order takes place by email immediately after mailing the order.
When the contract with us comes, depends on payment means selected by you: Cash on delivery, bill, PayPal - we accept your order by shipping of a notification of acceptance in separate email or by distribution of the commodity within two to five working-days.
PayPal - during the order process you are passed on on the web page of on-line offerer PayPal. There you can indicate your payment dates and confirm the order to pay at PayPal. After delivery of the order in the shop we request PayPal for the introduction of the payment transaction and accept thereby your offer.
3. Contract language, wording of a contract storage
The language for the contract conclusion the available is German and English. We store the wording of a contract and send you the order data and our AGB by email. You can see the wording of a contract in our customer login.
4. Terms of delivery
Additionally at the indicated product prices still forwarding expenses are added. You experience details for the height of forwarding expenses with the offers. We supply only in the transit period. A self-service of the commodity is not possible unfortunately.
In our shop in principle following payment means are to you at the disposal:
PayPal - during the order process you are passed on on the web page of on-line offerer PayPal. In order to be able to pay the invoice amount over PayPal, you must be registered there and/or register yourselves only, legitimize with your access data and confirm the order to pay at us. After delivery of the order in the shop we request PayPal for the introduction of the payment transaction.
The payment transaction is accomplished automatically by PayPal immediately after it. Further references receive you with the order procedure.
6. Retention of title
The commodity remains up to the complete payment our property.
For entrepreneurs is valid supplementing: We reserve ourselves the property at the commodity up to the complete payment of all demands from a current business relation. They may resell the reservation commodity in the tidy business concern; all demands developing from this resale transfer you - independently of a connection or a mixture of the reservation commodity with a new thing - at height of the invoice amount at us in advance, and we accept this transfer. They remain authorized to the collection of the demands, we may demands however also draw in, as far as you do not follow your liabilities.
7. Transport damages
For consumers is valid: If goods with obvious transport damages are delivered, then you lodge a complaint such errors please as immediately as possible with the mailman and take up you please immediately contact to us. Missing a complaint or an establishment of contact does not have its warranty laws, any consequences for your legal requirements and their enforcement, in particular. They help us however to be able to make our own requirements valid in relation to the carrier and/or the transport insurance.
For entrepreneurs is valid: The danger of the coincidental fall and the coincidental degradation turns into on you, as soon as we the thing the carrier, who carriers or otherwise the person or institute intended for the execution of shipping delivered. Among merchants the investigation and reproach obligation regulated in § 377 HGB are valid. If you omit the announcement regulated there, then the commodity is considered as authorized, unless it concerns a lack, which was not recognizable during the investigation. This is not valid, if we concealed a lack bad-cunningly.
8. Guarantee and warranties
As far as below expressly differently does not agree, the legal warranty for defects right is valid. For consumers the period of limitation for requirements for lack amounts to with used things one year starting from delivery of the commodity.
For entrepreneurs the period of limitation for requirements for lack amounts to one year starting from passage of the risk; the legal periods of limitation for the requirement for resort after § 478 BGB remain untouched.
Opposite entrepreneurs only our own information and the product descriptions of the manufacturer as agreement over the condition of the commodity, which were included into the contract, are considered; for public expressions of the manufacturer or other advertizing statements we do not take over liability.
If the supplied thing is unsatisfactory, we carry guarantee out opposite entrepreneurs first after our choice by removal of the lack (rework) or by supply of a faultless thing (replacement).
The managing restrictions and shortenings of periods of time are not valid for requirements due to damage, which was caused by us, our legal representatives or executing aides
- with injury of the life, the body or the health
- with deliberate or roughly negligent obligation injury as well as bad cunning
- with injury of substantial contract obligations, their fulfillment the proper execution of the contract in the first place
made possible and on their adherence to the contracting parties regularly to trust may do (cardinal obligations)
- is open in the context of a warranty promise, so far agreed upon so far the range of application of the product liability law.
Information on if necessary valid additional warranties and their exact conditions finds you in each case with the product and on special information pages in on-line shop.
For requirements due to damage, which was caused by us, our legal representatives or executing aides, we are responsible always unrestrictedly
- with injury of the life, the body or the health,
- during deliberate or roughly negligent obligation injury,
- agrees with warranty promises, so far, or
- is open so far the range of application of the product liability law.
With injury of substantial contract obligations, whose fulfillment the proper execution of the contract may trust in the first place made possible and on their adherence to the contracting parties regularly, (cardinal obligations) by easy negligence of us, our legal representatives or executing aides the liability of the height is limited after on the damage foreseeable with contract conclusion, on whose emergence must be typically counted. Requirements on payment of damages are in all other respects impossible.
10. Code of conduct
We submitted to the following codes of conduct: Trusted shop only on adherence to the test criteria https://www.trustedshops.at/
11. Controversy settlement
The European commission makes a platform available to on-line controversy settlement, you finds https://ec.europa.eu/consumers/odr consumer here has the possibility of using this platform for the settlement of their disputes. For the settlement of disputes from a contractual relation with a consumer and/or over it, whether such a contractual relation exists at all, we are obligated to the participation in controversy settlement procedures before a consumer arbitration board.
(OS) 12. Protection of children and young people
If your order covers goods, whose sale is subject to age restrictions, we guarantee by the employment of a reliable procedure including a personal identity and age examination that the orderer achieved the necessary minimum age. The mailman hands the commodity over only after age examination and only to the orderer personally.
13. Final clauses
It is valid Austrian right. The laws of the Republic of Austria are exclusively valid, excluding UN Commercial Laws (UNCITRAL- Commercial Laws).
Are if merchant in the sense of the commercial code, legal entity of the public right or public special estate, exclusive area of jurisdiction for all disputes from contractual relations between us and you is our registered place of business.