Hödl Hof – Distillery and Spirits GmbH
General Terms and Conditions
Last update: April 2018
These general terms and conditions (hereafter abbreviated as “GTC”) of Hödl Hof – Distillery and Spirits GmbH, FN 239452k, Stubenberg 21, 8223 Stubenberg (hereafter shortened to “HÖDL HOF”) in the version valid at the time of purchase apply to all contractual agreements made within the limits of the online shop www.edelbrand.at between HÖDL HOLF and customers of legal age. By submitting an order the customer agrees to these GTC. These GTC shall apply to all future transactions, even without further express agreement.
Changes and amendments to the GTC as well as verbal agreements that deviate from the GTC are will only be applicable with written confirmation from HÖDL HOF explicitly opposes any general business or purchasing conditions of the customer. General terms and conditions submitted by the customer which deviate from the GBC are not valid unless expressly deemed so in writing..
The general terms and conditions are in the online store www.edelbrand.at/shop and printable as a PDF file.
The contract language is German. All other information and transactions are offered in German.
Applicable Law, Place of Jurisdiction, and Place of Fulfillment
These GTC and the contracts to be concluded involving these GTC shall be subject to Austrian substantive law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention), unless mandatory provisions of the law in which the customer resides takes precedence. The statutory jurisdiction shall apply.
Online Dispute Resolution Platform
In the event of a dispute, we commit ourselves to participating in the mediation procedure of the Internet Ombudsman:www.ombudsmann.at Internet Ombudsmann 64-66/3/404, A-1030 Wien. Further information on the types of procedures can be found at www.ombudsmann.at. For the settlement of disputes with our company the OSPlattform can also be used: http://ec.europa.eu/consumers/odr or our E-Mail address: email@example.com .
It is expressly stated that the names, addresses, telephone and fax numbers, email addresses, as well as payment methods of the customers are stored by HÖDL HOF are saved on data carries for the purpose of automated support (accounting, customer cards). Customer data will not be passed onto third parties except where it is necessary to fill the orders (such as to the company executing the delivery).
Complaints to the Data Protection Authority
You also have the right to complain to the supervisory authority. For Austria, this is the Austrian Data Protection Authority, E-Mail: firstname.lastname@example.org, Web: https://www.dsb.gv.at/. Austrian Data Protection Authority Barichgasse 40-42, 1030 Vienna
Conclusion of Contract
All offers from HÖDL HOF are invitations for the customer to make an offer. The offers from HÖDL HOF are not binding. The option to order only exists with the complete disclosure of information. The customer’s order constitutes a legally binding contract on the part of customer to conclude the contract. The order receipt confirmation follows the order with an automated e-mail (order confirmation) which is not yet the acceptance of the contract. The contract only becomes legally binding once HÖDL HOF has rendered its services to the customer.
The contract data is saved for billing and can be viewed by the customer at any time by logging in.
HÖDL HOF does not sell alcohol or alcoholic beverages/products for children or adolescents under the age of 18. The age information must be appropriately verified when ordering alcohol or alcoholic beverages/products from HÖDL HOF. If a child or adolescent orders alcohol or alcoholic beverages/products from HÖDL HOF, the contract is rejected, and no contract will be concluded.
Price, Shipping Cost, Due Date, and Delay
The product prices quoted by HÖDL HOF at the end of the process of ordering are final and includes value added tax and shipping fees. The legal value added tax and shipping fees are shown separately but are included in the final price. Unless a discount is agreed upon, the customer is not eligible for a discounted rate. The purchase price is generally due immediately upon making the order, unless otherwise stated.
The payment is made in Euros.
HÖDL HOF accepts the following payment options:
- Instant transfer
The customer receives bank transfer data after ordering.
- Credit card (Mastercard, VISA)
The charge is made immediately after ordering. The resulting fees shall be paid by the customer.
The customer receives the data on a specified PayPal account on which the payment will take place after the order. The payment processing is carried out by the payment service provider PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, under the PayPal terms and conditions of use which can be viewed at https://www.paypal.com or – in the event that the customer does not have a PayPal account – subject to terms and conditions for payment without a PayPal account which can be viewed at https://www.paypal.com.
In the event of a default in payment, interest shall be charged at the legal rate from the due date of the claim. Any further (legal) claims shall remain unaffected. A settlement of one’s own claims against HÖDL HOF is inadmissible, provided that the claim is uncontested or not legally established or not in connection with the customer liabilities.
HÖDL HOF shall ship the order without delay. Orders will be shipped within 5 business days if the items are in stock. If the goods are not in stock, the customer will be informed via e-mail by HÖDL HOF of the expected delivery date. However, these deadlines and delivery dates are not binding and should be considered as guidelines unless they are specifically declared binding in writing.
The delivery address provided the customer will be the decisive shipping address unless otherwise agreed. If the delivery is not executed because the customer does not accept the merchandise or the shipping address is incorrect, the customer will shall bear all cost for the unsuccessful delivery.
HÖDL HOF reserves the right to send orders consisting of multiple units separately or collectively at its discretion, particularly if the quantities ordered are not available. HÖDL HOF delivers to addresses in Austria and Germany. Deliveries to other countries within the European Union are made with the EMCS (Excise Movement and Control System). Customers can collect their merchandise at a HÖDL HOF location.
After shipping, the risk of accidental loss or damage will not pass on to the customer until after the merchandise has been delivered to the customer or a third party designated by the customer. In the event that the customer has chosen to break the shipping contract and transport the goods themselves, they assume the risk as soon as the goods are handed over.
Duty to Notify
The customer must truthfully inform HÖDL HOF of all information and facts necessary to render services. HÖDL HOF must be informed immediately of a change of circumstances, in particular changes to the customer’s data including name, address, and e-mail.
Recognition of the Court of the Residence of the Consumer
The contracting parties agree on the application of Austrian law. If the customer has domicile or habitual residence in Austria or if they are employed in Austria only the court whose district is in their place of residence or employment may take action against them. This does not apply to legal disputes that have previously arisen.
Customers, who are to be regarded as consumers, may withdraw from a remote contract or a contract away concluded away from business premises within 14 days without giving notice. The instructions and conditions of the cancellation policy are listed below:
Right of Cancellation
You have the right to revoke this contract within fourteen days without giving reason. The cancellation period shall be fourteen days from the date on which you or a third party other than the carrier designated by you have taken the merchandise, partial shipment, or last items.
In order to execute your right of cancellation, you must notify us of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or by e-mail). You can also use the attached revocation form, but it is not mandatory. In order to comply with the revocation period, we advise you to send the notification of cancellation before the expiration of the revocation period.
Hödl Hof – Fruchtdestillerie und Spirituosen GmbH
Tel: +43 31768502
Consequences of Cancellation
If you revoke this agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received your contract cancellation for all payments we have received from you, including delivery charges (excluding additional charges resulting from upgrading from our standard shipping).
For this refund, we will use the same method of payment used for the original transaction, unless expressly agreed otherwise. In no event will you be charged for this refund.
We may refuse the refund until we have received the returned goods or proof the goods have been returned, whichever comes earlier.
You must hand the goods back over to us (Hödl Hof – Distillery and Spirits GmbH, Stubenberg 21, 8223 Stubenberg) immediately and at the latest, within fourteen days from the day that you notify us of your contract cancellation. This period will be deemed to have been observed if you ship the goods back before this period expires.
You shall bear the cost of returning the goods.
Customers will be liable for the loss of value of the merchandise in the event that such loss is due to improper handling that is not necessary for checking the condition, quality, and function of the merchandise.
Exceptions to the Cancellation Policy
The right to cancel your contract does not apply to orders of the following goods:
- • Goods made to customer specifications or that are clearly tailored to customer needs;
- • Goods that will spoil or exceed their expiration dates quickly;
- • Goods that are delivered sealed and for health and hygiene reasons, cannot be returned if the seal has been removed after delivery;
- • Goods which have been inseparably with other goods after delivery;
- • The prices of goods or services depends on fluctuations within the financial market, over which HÖDL HOF has no control. These fluctuations may occur during the withdrawal period.
The customer therefore acknowledges that he has no right of cancellation for products manufactured to their wishes and specifications. The customer also acknowledges that the products of HÖDL HOF are sealed spirits which are not returnable for hygienic reasons.
Retention of Title
The delivered goods shall remain the property of HÖDL HOF until all receivables arising from the contract for whatever legal reason including interest, discounts withheld by the customer or other deductions not recognized by HÖDL HOF, costs incurred, and the like, have been paid.
As long as a retention of title exists and not all claims have been settled in full, the customer is obliged to treat the merchandise with care and exercise due diligence. Pledges or transfers before full payment is prohibited. If the goods are seized, confiscated, or otherwise accessed by a third party, it is the customers duty to inform them of HÖDL HOF’s ownership, inform HÖDL HOF immediately, and provide HÖDL HOF with all documents and required to enforce the right of ownership.
The general legal provisions of warranty law shall apply. The warranty is understood to mean the HÖDL HOF’s legal liability for defects purchased goods exhibit at the time of delivery to the customer. Defects that occur at a later time are not covered by the warranty. Warranty claims must be made within two years of delivery whereby HÖDL HOF must prove within the first six months from delivery that the defect did not exist at the time of delivery. In the event of a warranty claim, HÖDL HOF is entitled to a repair or replacement. The customer shall only be entitled to request a price reduction or a cancellation of their contract if the improvement or replacement is not possible or if HÖDL HOF would incur a disproportionately high expense or if HÖDL HOF is unable to comply with the request for an improvement or replacement or to do so within a reasonable time.
If a manufacturer has giving voluntary assurance that the product will function properly for a specified period of time, the manufacturer’s warranty will apply in this regard. The conditions and limitations of the respective manufacturer’s warranties can be found in the respective warranty’s terms.
The general legal provisions apply. Liability for slight fault in the event of damaged property is excluded. Claims for damages become barred by statutes after 3 years of knowledge of the damage and the cause of the damage. Compensation for damages according to the Product Liability Act shall be governed by the legal statute of limitations.