Terms and Conditions

General

Our general terms and conditions apply exclusively, unless specifically otherwise agreed. General terms and conditions or those of our contractual partners are not part of the contract, also not subsidiary. By placing an order, the customer agrees to these terms and conditions.

Offer & Contract conclusion

The customer's order constitutes an offer. A contract is only concluded after our acceptance. The customer will be informed of our acceptance by e-mail. An order is only possible if all mandatory fields marked with * in the order form have been completed and the privacy statement/data protection declaration has been accepted. If information is missing or if we cannot fulfill the order for other reasons, the customer will receive an error message. Before finalizing the order, the customer will be given the opportunity to correct his order. The customer directly receives supporting detailed information during the ordering process. Once the order process is completed, the customer will be notified by an info window "Your order has been completed and successfully sent to us". This, however, does not represent an acceptance of the customer's offer on our side. When the order has arrived, the customer will be notified of the receipt of his order by the e-mail address provided by him. This communication on our part does not constitute an acceptance of the customer's offer. We reserve the right to reduce orders, without giving any reason, to enable all customers to purchase our wines. Only our current delivery and payment conditions are decisive for the delivery. Deviating agreements are only valid if confirmed by us in writing. Due to the limited quantities of individual vintages, a sold-out situation may occur during your order. Availability subject to change!

Data processing & Customer data

The customer expressly agrees that his personal data given in the order and / or registration will be stored and processed in compliance with the provisions of the Data Protection Act. This information is used for the fulfillment of legal regulations, for the handling of payment transactions, for customer care as well as for marketing purposes. Furthermore, the customer expressly agrees to receive mail from us and third parties for promotional purposes. This consent can be revoked at any time by e-mail. More in our data protection statement.  

Order Confirmation

The order becomes valid with confirmation by us via e-mail or letter. In case of typing, printing and calculation mistakes on the website, we are entitled to cancel.  

Delivery & Shipping

We recommend an order that is divisible by 6, as the wines are shipped in boxes of 6 and 12 and shipping costs must be calculated per box. More under Delivery & Shipping.

Transport damage

For damages and inconveniences arising during transport, we guarantee complete replacement under the following conditions: The received products must be checked immediately for accuracy and completeness. We should be informed of a complaint within 8 days. Any complaints must be confirmed by the transport company.  

Reservations

The delivered goods remain our property until full payment. Transfer and reselling are not permitted until payment. The buyer is obliged to inform us of any access.  

Types of payment / Date of payment

The customer already agrees to the full payment of the purchase price at the conclusion of the contract. The delivery of the goods takes place only after receipt of the amount in our bank account. We accept the following methods of payment / credit cards: Visa, Mastercard.

Prices

The prices are in Euro per bottle, including all statutory duties and taxes (sales tax), excluding transport costs, which are to be paid separately. Subject to price changes and errors! The shipping costs can be found in our shipping cost overview.  

Warranties

No substitute can be made for corked wines in accordance with customary international practices. Unwanted goods, if they haven´t been opened yet, can be returned within 1 month at the expense of the buyer. Any ineffectiveness of individual terms won´t affect the validity of the remaining terms.

Youth protection

The delivery of alcoholic beverages is only allowed to persons over the age of 18 years. By placing the order, the customer assures that he/she or the recipient of the goods is older than 18 years. To comply with the statutory provisions, we are entitled to hand over the goods only after an official photo identification has been shown. In the case of justified refusal of delivery, the customer is obliged to compensate for the actual damage caused.    

Cancellation

Entrepreneurs have no right of withdrawal/cancellation.  

For consumers defined by the Consumer Protection Act, who have placed an order through distance selling, the following applies: You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods. In order to exercise this right of revocation, the buyer must inform us, the Kerschbaum winery, Hauptstraße 111, 7312 Horitschon, Tel.: +43 (0) 2610 42392, E-mail: weingut@kerschbaum.at, by means of a clear statement (e.g. a letter sent by post, fax or e-mail) about the decision to cancel the contract.  

Consequences of the cancellation

By cancellation of this contract, we shall reimburse all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favourable standard delivery) immediately and at the latest within fourteen days from the date on which the notification of your cancellation has reached us. For this repayment, we use the same method of payment that has been used in the original transaction, unless otherwise agreed with you; in no case will you be charged for these repayment fees. To comply with the cancellation period, it is sufficient that the buyer sends the notice of the cancellation before the expiry of the cancellation period.

Jurisdiction

Austrian substantive law applies to this contract, the applicability of the UN sales law is excluded. Contract language is German. The relevant court in 7312 Horitschon is responsible for the resolution of all disputes arising from this contract. We have, however, also the right to sue at the general place of jurisdiction of the contracting party.  

As of: June 2018