General terms of business
("Privatkellerei" Christian und Raimund Burda GmbH will be called Burda-Weine GmbH within this text)
For all orders in our online shop, the following general terms of business shall apply. Conditions deviating from these general terms and conditions are not recognised by Burda-Weine GmbH and are not a part of the contract content, unless Burda-Weine GmbH expressly agrees to the deviating conditions in writing.
2. Contract conclusion
Your order represents an offer to us to conclude a purchase contract. As soon as you place an order in the Burda-Weine online shop, we send you an e-mail that confirms the receipt of your order with us and represents a contract of sale. As a part of the order process, the payment (debit from your credit card, or payment by PayPal account) then takes place. After that, the ordered products will be shipped to you by DPD or another parcel service. Once the ordered goods are being delivered, you will be informed of this by e-mail and at the same time receipt the paid invoice with this e-mail.
3. Contract language
The contract, order and business language is German.
4. Place of fulfilment and risk assumption
The place of fulfilment for all services from the transactions between the contract parties is the seat of Burda-Weine GmbH. The customer bears the risk of the transportation to the address specified by the customer.
5. Proper law, jurisdiction and responsibility
For all legal disputes between the contract parties, the applicability of Austrian law is agreed under exclusion of the UN Sales Convention. In addition, Austrian jurisdiction and the responsibility of the relevant court responsible for the seat of Burda-Weine GmbH are agreed for all legal disputes between the contract parties.
The buyer has no right of withdrawal for our wines. If the wine should display a documented wine error, you will receive the respective bottle replacement from us, provided the opened defective bottle is still at least three-quarters full. The cost of the return must be paid by the purchaser. The costs of the new shipment is assumed by Burda-Weine GmbH.
The wines are mainly shipped by DPD. The corresponding shipping costs shall be displayed to you during the ordering process (immediately before the completion of your order) and added to the total invoice amount. In addition, the shipping costs are listed in detail under the payment and delivery conditions section. If a delivery is not possible to the buyer, because the goods must first be reproduced, the buyer will be notified immediately by e-mail or telephone. If delivery to the buyer is not possible, because the buyer is not found at the specified delivery address at the time of the parcel delivery, DPD will leave a parcel label with the information regarding what time the parcel will be delivered again. This will be attempted three times. After the third attempt, the parcel will be sent back to Burda-Weine GmbH.
The buyer can pay the purchase price by credit card, online banking (Sofortüberweisung.de) or PayPal.
9. Retention of title
The delivered goods remain the property of Burda-Weine GmbH until the full payment. If nothing results thereafter, additional claims from the buyer – regardless of the legal grounds – are excluded. The Burda-Weine GmbH is therefore not liable for damage caused to the delivery item itself. In particular, Burda-Weine GmbH is not liable for lost profits or other financial damages of the buyer. If the liability of Burda-Weine GmbH is excluded or limited, this also applies for the personal liability of employees, representatives and vicarious agents. If Burda-Weine GmbH negligently violates the contractual duty, the duty of replacement for property damage is limited to damage that typically occurs. If the return of a rejected good to Burda-Weine GmbH takes place, Burda-Weine GmbH will send the replacement item as a supplementary performance immediately.
10. Collection, processing and use of personal information of our customers
Information that we receive from you helps us to facilitate your purchase in the online shop of Burda-Weine GmbH. We use the information to process orders and deliver the goods as well as to process the payment. We also use your information to improve our service and our Internet platform or to prevent or detect a misuse of our website. We always treat information about personal data of the buyer or the inquiring person with the utmost discretion and not passed on to third parties.
11. Our data
PRIVATKELLEREI CHRISTIAN UND RAIMUND BURDA GMBH
Untere Hauptstraße 161
A - 7122 Gols
T: +43 - 2173 - 2131
F: +43 - 2173 - 3371
Commercial register under FN 316677b, district court of Eisenstadt
Member of the Chamber of Commerce
All prices are in EUR ex farm for end users, including 20% VAT and all taxes according to Austrian law. Glass and packaging are included, also the Austrian disposal costs for bottles and boxes. All previous offers lose their validity with the current price list. Wine reservation requests unfortunately cannot be considered here.
13. Severability clause
If individual provisions of these general terms and conditions should be regarded as invalid or incompatible with the legal situation, these are to be replaced by such valid provisions that come closest to the expressed intention of the parties. The general terms and conditions shall remain unaffected in the other provisions.