Terms and Conditions

Weingut Stix

Hofrat Döltl Street 6

A-2243 Matzen

UID Number: ATU 65952007

1. Scope

1.1 For business relationships (sale and delivery of goods) between Weingut Stix, Manfred and Monika Stix, Hofrat Döltl Straße 6, A-2243 Matzen (hereinafter referred to as „Weingut Stix“) as the seller and the buyer (hereinafter referred to as „customer“), the following General Terms and Conditions (hereinafter referred to as „GTC“) shall apply exclusively.

1.2 The terms and conditions can be changed by Weingut Stix at any time and apply in the version valid at the time of the order, both to businesses and consumers.

1.3 Deviating conditions are not valid unless Weingut Stix expressly agrees to them in writing or by e-mail.

1.4 By placing an order, the customer agrees to the terms and conditions.

1.5 The customer's order constitutes a binding offer. The acceptance of the customer's offer by Weingut Stix occurs through the actual delivery. Weingut Stix is authorised to reject an order without providing reasons.

2. Prices and Shipping

2.1 The prices offered for the products are gross prices in Euros, including all statutory duties and taxes, as well as packaging and shipping costs for domestic deliveries.

2.2 For deliveries outside of Austria, additional import and export duties as well as other charges may arise in connection with the delivery abroad, and thus may lead to a change in the gross prices offered. Such duties and/or charges are to be borne by the customer at the statutory rate. Should these nevertheless be invoiced to Weingut Stix, the customer shall reimburse Weingut Stix for the respective amount. Deliveries outside of Austria can only be made if there are no legal or disproportionately large logistical obstacles to the delivery.

2.3 The prices listed in the wine shop, online shop, catalogues, price lists, etc., are non-binding indicative prices, unless otherwise expressly stated in individual cases. Prices charged for previous orders are not binding for subsequent re-orders.

2.4 Prices are based on costs at the time of original quotation. However, should costs change by the time a customer places an order, Weingut Stix is authorised to adjust prices accordingly. Binding prices will be displayed in the wine shop after correct selection in the shopping basket.

2.5 All costs incurred by shipping within Austria are borne by the customer. The delivery costs for orders placed via the wine shop or online shop will be displayed in the shopping basket after correct selection. For orders placed by post, telephone, fax, or e-mail, the delivery costs will be shown in the order confirmation issued by Weingut Stix in writing or verbally (including by fax or e-mail). For the remaining Schengen area states, the actual delivery costs incurred will be charged. After submitting the order, Weingut Stix will contact the customer and inform them of the delivery costs. The purchase contract is only concluded once the customer has accepted the offer.

2.6 Shipping within Austria is carried out by DPD Weinlogistik. The standard delivery time within Austria is 1-2 working days.

3. Conclusion of Contract

3.1 The contractual, ordering and business language is German.

3.2 The customer's order constitutes an offer to Weingut Stix to conclude a purchase agreement. As soon as the customer places an order in the Weingut Stix online shop, Weingut Stix will send an email confirming receipt of the order, which represents a purchase agreement for Weingut Stix.

3.3 Weingut Stix accepts orders in person, by telephone or email, or via the wine shop. When placing an order, the customer must specify the exact delivery location. The customer is obliged to ensure the proper acceptance of the ordered goods at the specified delivery location. Weingut Stix does not store any contractual terms other than the data entered for the order.

3.4 In the case of refusal to accept ordered goods, Weingut Stix is entitled to demand reimbursement of additional expenses incurred as a result, such as wasted transport costs. This does not apply if Weingut Stix fails to provide its services in accordance with the contract.

3.5 Orders are accepted subject to availability. Weingut Stix reserves the right to allocate smaller quantities to customers in the event of a product being oversubscribed. If delivery or adherence to an agreed delivery deadline becomes impossible for the winery due to circumstances beyond its control, the delivery obligation shall lapse on the scheduled delivery date. Circumstances beyond the control of Weingut Stix include, in particular: operational disruptions, traffic disruptions, lockouts and strikes, as well as all cases of force majeure. In such cases, Weingut Stix will contact the customer immediately to arrange a replacement date for the prevented delivery. If a new delivery date is offered to the customer by Weingut Stix that is no later than two weeks after one of the originally agreed delivery dates, and delivery is duly carried out on this new date, this shall constitute timely delivery by Weingut Stix within the meaning of the purchase contract.

3.6 If Weingut Stix cannot offer the customer a new delivery date in accordance with clause 6.3, or if the new delivery date cannot be met in the aforementioned cases (impossibility of delivery on the agreed date by Weingut Stix due to circumstances beyond its control), Weingut Stix is entitled to withdraw from the contract in whole or in part without being liable for damages. Likewise, in these cases, the customer may withdraw from the contract.

4. Payment and Deposit

4.1 Unless otherwise agreed, the purchase price is due upon conclusion of the contract, at the latest upon delivery of the goods. This also applies to partial deliveries, where the purchase price for the respectively delivered partial quantities is to be paid.

4.2 The Stix winery retains ownership of all goods until full payment of the purchase price including ancillary charges.

4.3 During the ordering process, payment is made, either by cash on delivery, advance payment, PayPal account, or purchase on account by paying after receipt of the goods.

4.4 First-time customers are excluded from payment by invoice. This payment method can only be selected from the second order onwards.

4.5 Payment by cash on delivery is only possible for domestic shipments. The respective valid cash-on-delivery charges of DPD Weinlogistik will also apply.

4.6 If the payment deadline is exceeded, interest on arrears at a rate of 5% per annum will be charged. Furthermore, any customer who defaults on payment shall be liable, in particular, to reimburse the pre-litigation and post-litigation costs and collection expenses incurred as a result of their default, including, in particular, reminder and collection fees as well as the costs of legal representation.

4.7 A voucher entitles the holder to purchase goods directly from the farm, as well as food and drink at the Heuriger Turmstüberl, located at Hofrat Döltl-Straße 6, 2243 Matzen. A voucher is only valid with an official stamp and signature. No credit will be issued for any remaining balance when paying with vouchers. Vouchers cannot be redeemed for cash.

4.8 The redemption period for gift vouchers etc. is governed by the date indicated on the gift vouchers. The period of validity is initially 1 year from the date of issue, after which, within 3 years, it is possible to either exchange the expired voucher for a new one with a 1-year validity, or receive a refund of the voucher amount. In total, this results in a maximum period of 5 years (1+3+1) within which the services can be redeemed with the voucher.

5. Transfer of Risk

5.1 When the customer collects the goods themselves, the use and risk shall pass to the customer at the latest upon handover.

5.2 When delivery is made by a carrier, transport insurance from DPD Weinlogistik is included up to EUR 520.00 per parcel.

5.3 Upon delivery by Weingut Stix, the use and risk pass to the customer, if they are a consumer within the meaning of the Consumer Protection Act, as soon as the goods are handed over to them.

6. Retention of title

6.1 Until the full payment of the purchase price including ancillary costs (delivery costs, duties, taxes etc.) is made, Weingut Stix reserves ownership of all goods. Austrian law shall apply.

7. Return of Goods and Right of Withdrawal

7.1 The Stix winery is prepared, until further notice, to accept returned purchased goods for a full refund of the purchase price, subject to the following conditions: The return must be made within 14 days of the invoice date, in the original packaging, undamaged, and with the original invoice presented. Returns will be processed at the price valid at the time of the original purchase, either by exchanging the goods or in the form of a credit note.

7.2 If the customer is a consumer within the meaning of the Consumer Protection Act and placed their order by post, telephone, fax, email or via the online shop, they may withdraw from the purchase contract within fourteen days from the day the goods are received by the customer, in accordance with §§ 11 FAGG and in deviation from point 5.1. The revocation period begins as soon as the customer or a third party designated by them has taken possession of the goods. In the case of a purchase contract for several goods, the revocation period begins as soon as the customer or a third party designated by them has taken possession of the last partial delivery, the last goods or the last item. The day of taking possession is not included in the calculation of the period. Saturdays, Sundays and public holidays are included in the calculation of the period. To comply with the cancellation period, it is sufficient to send the declaration of cancellation or return the goods in good time, as well as to complete and send the cancellation form.

7.3 To exercise the right of withdrawal, Weingut Stix, Hofrat Döltl-Straße 6, A-2243 Matzen, Tel: 43 6644330974, E-mail: weingutstix@aon.at must be informed by the customer of their decision to withdraw from this contract by means of a clear statement using the withdrawal form (e.g. a letter sent by post or an e-mail). To meet the withdrawal deadline, it is sufficient for the communication concerning the exercise of the right of withdrawal to be sent before the withdrawal period expires.

7.4 Consequences of Withdrawal: If the contract is withdrawn, Weingut Stix shall repay any payments received in this regard, including any delivery costs (with the exception of the additional costs arising from the customer choosing a different type of delivery than the cheapest standard delivery offered by Weingut Stix), without delay and at the latest within fourteen days from the day on which the returned goods have been received by Weingut Stix. For this repayment, Weingut Stix shall use the same means of payment that was used in the original transaction, unless expressly agreed otherwise. In no case will any charges be levied for this repayment. Weingut Stix may refuse repayment until the goods have arrived at Weingut Stix or until proof has been provided that the goods have been returned, whichever is the earlier date. The goods must be returned or handed over to Weingut Stix, Hofrat Döltl-Straße 6, A-2243 Matzen, without delay and in any event at the latest within fourteen days from the day on which the customer informed Weingut Stix of the withdrawal from this contract. The period shall be deemed to have been observed if the goods are dispatched before the expiry of the fourteen-day period. The customer shall bear the direct costs and the risk of returning the goods. Likewise, the customer shall only be liable for any loss in value of the goods if this loss in value is due to handling by the customer which is not necessary for checking the condition, properties and functioning of the goods.

8. Warranty

8.1 Assurances regarding the usability or particular characteristics of the goods, or statements by employees of Weingut Stix, are non-binding and do not constitute an express assurance of specific characteristics unless they are made in writing (including by fax or e-mail).

8.2 Warranty claims require that defects are notified by the customer without undue delay, namely obvious defects immediately upon acceptance, hidden defects upon discovery, and with the presentation of the opened goods and the original invoice.

8.3 A warranty claim is in any case limited to the purchase price of the delivered and defective goods.

8.4 The Stix winery will fulfil its warranty obligations at its discretion by either delivering flawless goods, improving them, resupplying missing quantities, or rescinding the contract (i.e. refunding the purchase price) within a reasonable timeframe.

8.5 Reasons of taste, commercially usual or minor, technically conditioned deviations in quality, quantity, colour, size, weight, equipment or design, as well as age-related changes in taste, colour and packaging, do not constitute warranty defects or non-fulfilment of the contract.

8.6 Weingut Stix does not accept liability for the conformity of reordered goods in terms of taste, colour, material, pattern, or any other characteristics. The same applies to goods ordered to pattern, provided that any deviation remains within normal commercial and technical limits.

8.7 No warranty will be accepted after tasting, consumption, or commencement of the processing or modification of the goods.

8.8 The warranty period is 2 years from the time of transfer of risk in accordance with item 4.

9. Liability for damages

9.1 Weingut Stix shall be liable for damages in accordance with statutory provisions. However, liability for damages caused by slight negligence is excluded. The limitation of liability shall not apply to damages arising from injury to life, body or health of persons and to claims under the Austrian Product Liability Act.

9.2 Entrepreneurs must prove intent or gross negligence. Liability for lost profits and other consequential damages is excluded for entrepreneurs. Compensation for (defective) consequential damages, other property damage, pecuniary loss, and damages arising from third-party claims against the customer is also excluded for entrepreneurs.

10. Collection and acceptance of goods by the customer, default of acceptance

10.1 Goods ordered from Weingut Stix must be collected within 14 days of notification or order picking. Any longer storage period, up to a maximum of 4 weeks, must be agreed upon and recorded on the order or invoice.

10.2 If the goods are not collected or taken delivery of within this period, Weingut Stix is entitled either to store the goods at the customer’s risk, charging a storage fee of 5% of the invoice amount per month or part thereof plus VAT, and to insist on performance of the contract, or, after setting a grace period of two weeks, to withdraw from the contract and resell the goods to another customer, in which case the customer shall be liable to pay a handling fee of 10% of the purchase price plus VAT, payable immediately.

11. Protection of young people

11.1 The delivery and handover of wine and spirits can only be made to persons over 18 years of age. To comply with legal regulations, Weingut Stix is entitled to hand over goods only after identification with an official photo ID. In the event of a rightful refusal of handover, the customer is obliged to compensate for the actual damage incurred (e.g. delivery costs).

11.2 By placing an order, the customer assures that they or the recipient of the goods are over 18 years of age.

12. Right of Withdrawal

Return of goods and right of withdrawal

1. The Stix winery is prepared, until further notice, to accept returned purchased goods for a full refund of the purchase price, subject to the following conditions: The return must be made within 14 days of the invoice date, in the original packaging, undamaged, and with the original invoice presented. Returns will be processed at the price valid at the time of the original purchase, either by exchanging the goods or in the form of a credit note.

2. If the customer is a consumer within the meaning of the Consumer Protection Act and placed their order by post, telephone, fax, email or via the online shop, they may withdraw from the purchase contract within fourteen days from the day the goods are received by the customer, in accordance with §§ 11 FAGG and in deviation from point 5.1. The revocation period begins as soon as the customer or a third party designated by them has taken possession of the goods. In the case of a purchase contract for several goods, the revocation period begins as soon as the customer or a third party designated by them has taken possession of the last partial delivery, the last goods or the last item. The day of taking possession is not included in the calculation of the period. Saturdays, Sundays and public holidays are included in the calculation of the period. To comply with the cancellation period, it is sufficient to send the declaration of cancellation or return the goods in good time, as well as to complete and send the cancellation form.

3. To exercise the right of withdrawal, Weingut Stix, Hofrat Döltl-Straße 6, A-2243 Matzen, Tel: 43 6644330974, E-mail: weingutstix@aon.at must be informed by the customer of their decision to withdraw from this contract by means of a clear statement using the withdrawal form (e.g. a letter sent by post or an e-mail). To meet the withdrawal deadline, it is sufficient for the communication concerning the exercise of the right of withdrawal to be sent before the withdrawal period expires.

4. Consequences of withdrawal: If the contract is withdrawn, Weingut Stix shall repay any payments received in this regard, including any delivery costs (with the exception of the additional costs incurred as a result of the customer choosing a type of delivery other than the cheapest standard delivery offered by Weingut Stix), immediately and at the latest within fourteen days from the day on which the returned goods have been received by Weingut Stix.

For the repayment, Weingut Stix uses the same means of payment that was used for the original transaction, unless otherwise expressly agreed. In no case will charges be levied for this repayment. Weingut Stix may refuse the repayment until the goods have arrived at Weingut Stix or until proof has been provided that the goods have been returned, whichever is the earlier date.

The goods must be returned to Weingut Stix without delay and in any event not later than fourteen days from the day on which you informed Weingut Stix of the revocation of this contract, to Weingut Stix, Hofrat Döltl-Straße 6, A-2243 Matzen. The deadline is met if the goods are sent off before the expiry of the fourteen-day period. The customer shall bear the direct costs and the risk of returning the goods. Likewise, the customer shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods by the customer that is not necessary for checking the condition, characteristics and functioning of the goods.