General delivery and payment terms of the company Bernhard Huber
Alkoholfreier Wein- & Sektgenuß, Dr. Waibelstr. 15, A – 6850 Dornbirn
§ 1 Application of the conditions
1.1. Subject to the following terms of delivery and payment are sales, services and supplies of goods of the company Bernhard Huber.
1.2. The supplies, services and offers of Bernhard Huber are made exclusively on the basis of these terms of delivery and payment, irrespective of whether the order and / or the contract were made in writing, by telephone or by e-mail.
1.3. The customer recognizes these conditions with an order. These conditions also apply to all future business relations, even if they are not expressly agreed again.
1.4. Deviations from these terms of delivery and payment are only effective if Bernhard Huber confirms these in writing against the user.
§ 2 Offer, order, conclusion of contract
2.1. All offers from Bernhard Huber are free and non-binding.
2.2. By ordering a product, the customer makes a binding declaration to purchase the ordered goods. All orders require the legal effect of the written, text (eg fax or e-mail) or telephone form by the customer. Unless otherwise agreed, the customer is bound to orders for 30 days. The same applies to supplements, modifications or subsidiary agreements.
2.3. The customer’s order shall be deemed accepted if the company Bernhard Huber does not declare rejection within a period of two weeks from the date of the order.
2.4. A contract comes into effect upon confirmation of order in writing, text (eg fax or e-mail) or by phone or by delivery of the company Bernhard Huber.
2.5. Prices, delivery dates or other performance data are only binding if this has been expressly confirmed in writing by Bernhard Huber.
2.6. All verbal, in particular also telephone supplementary and supplementary agreements require the validity of the separate written confirmation by Bernhard Huber.
2.7. The silence of Bernhard Huber on subsequent modifications and / or supplements wishes of the customer signifies refusal unless they are automatically taken into account in the service provided by Bernhard Huber.
2.8. Bernhard Huber informs the customer immediately about the non-availability of the service, with reimbursement of payments already made.
§ 3 Prices and terms of payment
3.1. The prices are, unless otherwise agreed, from the warehouse of the company Bernhard Huber. Packaging, delivery and shipping charges are additionally included and are stated separately within the scope of the specific offer.
3.2. All prices are free and do not apply to subsequent deliveries. The gross ticket price stated in the confirmation of order by Bernhard Huber should be decisive, net premium should have been awarded, plus the respective value-added tax applicable on the day of delivery.
3.3. Bernhard Huber expressly reserves the right to change the prices. Confirmed price and delivery agreements can also be redefined in the case of errors or changes in the purchasing or availability base. Agreements already concluded are excluded from the reservation of price adjustment or amendment.
3.4. With the appearance of new prizes, all previous prizes lose their validity.
§ 4 Delivery time, partial delivery, risk transfer
4 .1. Delivery periods and / or delivery dates begin with conclusion of contract. They are in principle non-binding, unless expressly agreed otherwise in writing. Fixed transactions are not closed.
4 .2. Fa. Bernhard Huber is entitled at any time to deliver and to make partial deliveries. Part deliveries are not a defect and can be invoiced immediately by Bernhard Huber.
4 .3. Delivery and performance delays due to force majeure or other events not foreseeable or unforeseeable by Bernhard Huber or its suppliers, which make Bernhard Huber considerably more difficult or impossible to deliver the goods / services (including, in particular, strikes, lockouts, official orders) Orders, etc., even if they occur at suppliers of Bernhard Huber or their subcontractors), Bernhard Huber is not responsible for binding deadlines. They entitle Bernhard Huber to delay the delivery of goods by the duration of the hindrance plus a reasonable start-up time or to rescind the contract in whole or in part because of the not yet fulfilled part. The customer can not assert any claims for damages. Any counter-payments made by the customer are to be reimbursed by Bernhard Huber. Bernhard Huber can only rely on these circumstances if the customer is notified immediately.
4 .4. If the hindrance lasts longer than 3 months, the customer is entitled, after a reasonable written deadline, to rescind the contract which has not yet been fulfilled. If the delivery time is extended or if Bernhard Huber is released from his obligation, the customer can not derive any claims for damages from this. Any counter-payments made by the customer may be reimbursed by Bernhard Huber. Bernhard Huber can only rely on these circumstances if the customer is notified immediately.
§ 5 Shipping / risk transfer
5.1. The delivery takes place ex warehouse Bernhard Huber to the address specified by the customer. Incorrect or incomplete address details of the customer are at his expense.
5.2. Bernhard Huber will be released from the obligation to provide the goods as soon as the consignment has been handed over to the transport company or person or has left the warehouse for dispatch. The risk of the accidental deterioration of the goods is transferred to the customer with delivery, in the case of shipment of the goods with the delivery to the freight forwarder, freight carrier or other person performing the dispatch. Transport costs or delivery.
5.3. Bernhard Huber determines the transporter under exclusion of liability for the choice of the most economical and fastest shipping method.
5.4. If the shipment is made impossible by no fault of Bernhard Huber, the risk passes to the customer with the declaration of readiness for dispatch.
5.5. If the customer is in default of acceptance or the delivery is delayed in other circumstances for which the customer is responsible, the risk is transferred to the customer from the date of the display of the delivery. In this case, the due date for the purchase price is also indicated by the date of the notification of readiness for dispatch. The customer bears the costs of storage at Bernhard Huber or third parties. The assertion of any further damages against the customer remains unaffected.
5.6. If the goods are picked up by the purchaser themselves, the use and risk shall be borne by Dr. Waibelstr. 15, A – 6850 Dornbirn to the buyer.
§ 6 Shipping
6.1. Shipping costs are generally charged to the customer, they depend on the scope of delivery and type. Residues and subsequent deliveries are free of shipping costs. The packaging is selected by Bernhard Huber to the best of his / her discretion. For deliveries abroad the actual shipping costs will be charged to the customer.
6.2. The parcel shipping will be invoiced at a flat rate of EUR 8.50 to 6 bottles or EUR 11 to 11 bottles within Austria. From 12 bottles of 0.75 lt and a multiple of the transport is included, except special prices.
6.3. Our packages, which are shipped with a parcel service or forwarding company, are insured up to the value of goods.
§ 7 Payments
7.1 Unless otherwise agreed in the goods statements, the customer shall pay the purchase price without deduction within 7 working days after the date of the invoice.
7.2. After this period the customer is in default of payment. Bernhard Huber is entitled to withdraw from the contract or terminate without notice if the customer is in default with the fulfillment of his contractual or payment obligation.
7.3. A warranty retention is excluded. Payments must be made free of charge and without charge on the bank accounts of the company Bernhard Huber stated on the invoice.
7.4. In the case of granting of bank collection authorization, debiting is carried out without deduction no later than 7 days after the date of the invoice.
7.5. A payment is only deemed to have taken place if Bernhard Huber can finally dispose of the countervalue of the receivables.
7.6. Payments with checks are not possible.
7.7. Fa. Bernhard Huber is entitled, in spite of different provisions of the customer, to make payments initially to his older debts and will inform the customer of the type of the effected settlement. If costs and interest have already been incurred, Bernhard Huber is entitled to charge the payment initially on the costs, then on the interest and lastly on the principal performance.
7.8. If the customer is in default, Bernhard Huber is entitled to charge interest from the relevant date for the amount of the current interest rate calculated by the commercial banks for open overdraft credits plus statutory value-added tax and eventual dunning fees.
7.9. If Bernhard Huber becomes aware of circumstances which call into question the creditworthiness of the customer, the payments are terminated, the customer is delayed with a payment in full or in part for more than 30 days or the application for opening insolvency proceedings on the assets of the customer , Bernhard Huber is entitled to pay the entire residual debt due. In this case, Bernhard Huber is also entitled to withhold all deliveries or services and / or to demand advance payments or security and to assert all rights arising from the proprietary reservation.
7.10. Fa. Bernhard Huber is also entitled, in the case of consumers i.S.d. §WEG 13 German Civil Code (BGB) as interest on arrears, interest on arrears at a rate of 5% above the legal base rate. The assertion of a Bernhard Huber higher damage loss remains unaffected. In the case of the assertion of a higher damage, the customer is entitled to prove that Bernhard Huber has suffered no or less damage.
7.11. In the case of legal transactions in which a consumer i.S.d. §WEG 13 of the German Civil Code (BGB), Bernhard Huber is also entitled to claim interest on arrears at a rate of 8% above the legal base rate. The assertion of a Bernhard Huber higher damage loss remains unaffected. In the case of the assertion of a higher damage, the customer is entitled to prove that Bernhard Huber has suffered no or minor damage.
7.12. The customer is only entitled to offset or reduce the costs, even if claims of defect or counterclaims are asserted, if the counterclaims have been legally established or are disputed. The customer shall be entitled to withhold the goods only on the basis of counterclaims from the same contractual relationship.
§ 8 Return of goods
8.1 If the buyer is a consumer in the sense of the Consumer Protection Act and has given his order by post, telephone, fax, e-mail or via the Internet online shop, he may, within 14 days from delivery in writing Or by returning the goods from the purchase contract. The withdrawal does not require any justification, but must be sent only in due time. The purchaser shall be refunded the returned purchase price against return of the goods, but shall bear the costs of returning the goods.
§ 9 Warranty
9.1 Warranty claims are subject to the condition that defects Bernhard Huber are reported immediately, namely recognizable defects immediately upon receipt, hidden defects after discovery, and upon presentation of the goods and the original invoice. This clause does not apply to transactions with consumers.
9.2 A guarantee claim is limited in all cases with the invoice value of the delivered and defective goods.
9.3 Fa. Bernhard Huber fulfills its warranty obligations at its option either by delivering defect-free goods, improvement, subsequent delivery of defect quantities or repackaging the contract (i.e., repayment of the purchase price) within a reasonable period. This clause does not apply to transactions with consumers.
9.4 Commercial or minor, technically conditioned deviations of quality, quantity, color, size, weight, equipment or design do not constitute a warranty or non-fulfillment of the contract.
9.5 Fa. Bernhard Huber is not liable for taste, color, material and pattern conformity or any other characteristics of reordered goods. The same applies to goods ordered according to samples, as far as the deviation is within the commercial and technical limits.
9.6 Any warranty is excluded after tasting, consumption or commencement of processing or processing of the goods. This clause does not apply to transactions with consumers.
9.7 The warranty period shall be 2 years from the date of the passing of the risk.
9.8 After the date of the transfer of risk to the Customer, Glasbruch shall not constitute a reason for the Customer to assert any warranty claims.
9.9 In the case of transactions with consumers in the sense of the Consumer Protection Act, instead of points 9.1 and 9.3, the customer can demand, in the event of a defect, an appropriate price reduction or change in the case of a defect.
§ 10 Pickup
10.1 The goods ordered or ordered by Bernhard Huber are to be collected within 14 days from the date of communication or picking. Any longer storage period up to a maximum of 4 weeks has to be agreed upon and recorded on the order or the invoice.
10.2 If the goods are not picked up or accepted within this time limit, Bernhard Huber has the right to store either the goods at the risk of the purchaser with a bearing charge of 5% of the invoice amount per month plus VAT and for fulfillment of the contract Or to rescind the contract after setting a deadline of two weeks and to resell the goods to another customer, in which case the purchaser must pay an immediate manipulation fee of 10% of the purchase price plus VAT.
§ 11 Retention of title and right of retention
11.1 Bernhard Huber will be granted the following collateral until the fulfillment of all claims (including all balance claims from current account), which Bernhard Huber is entitled to from any legal basis against the customer, which, at the discretion of Bernhard Huber , Bernhard Huber reserves the right to temporarily or permanently block the dispatch and to demand the surrender of the goods at any time if the fulfillment of the claim is endangered Or the contractor is in breach of any of its obligations. – The customer is entitled to process and sell the reserved goods in the ordinary course of business as long as he is not in default.
11.2. In the case of access by third parties to the reserved goods, the customer must refer to the property of Bernhard Huber and notify the latter immediately in writing. Insofar as the third party is not able to reimburse the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the customer is liable for the resulting loss.
11.3. In case of breach of contract by the customer (in particular default of payment), Bernhard Huber is entitled to withdraw the reserved goods or, if necessary, Assignment of the claims of the customer against third parties. There is no rescission of the contract in the return as well as in the attachment of the reserved goods by Bernhard Huber.
11.4. In the case of a breach of contract by the customer, Bernhard Huber is entitled to collect the reserved goods and to enter the storage or the place of use of the reserved goods for this purpose, even without previously declaring the rescission or exercising the rights of § 326 BGB. The customer renounces the rights which would be due to him for prohibited self-sufficiency and allows Bernhard Huber to access the rooms in which the reservation goods are located.
11.5. Bernhard Huber reserves the right to withhold delivery from current contracts until the value of the goods has been repaid.
§ 12 Liability for damages
12.1 Fa. Bernhard Huber is liable for damages only in cases of willful intent or gross negligence, with the exception of damage to the person.
12.2 Liability is limited to 10% of the value of the goods within the scope of the statutory provisions. The replacement of (defect) consequential damages, other material damage, property damage and damages from claims of third parties against the buyer is excluded.
12.3 For transactions with consumers as defined in the Consumer Protection Act, item 12.2 does not apply.
§ 13 Electronic data processing and customer data
13.1 The Purchaser agrees that the data in the purchase contract and published at the registration will be stored and processed in compliance with the provisions of the Data Protection Act. These data are used to fulfill legal requirements, to handle payment transactions and to maintain customer care.
§ 14 Place of performance, court of jurisdiction
14.1. The place of performance for all claims arising from the contractual relationship between the customer and Bernhard Huber is Dornbirn, the domicile of Bernhard Huber.
14.2. In the event that the customer is a merchant within the meaning of the German Commercial Code (HGB), Dornbirn is also the exclusive court of jurisdiction in the exchange and check process.
§ 15 Applicable law, written form, effectiveness, other
15.1. The law of the Republic of Austria applies. The validity of the uniform international purchase law (UN-purchase right) is excluded.
15.2. Amendments and additions to the provisions contained in these terms and conditions must be made in writing. This also applies in particular to this regulation.
15.3. Should one or more provisions be invalid, this shall not affect the validity of the remaining provisions. An ineffective provision shall be replaced, where possible, by supplementary interpretations by a provision which is as close as possible to its purpose.
Status as of 1 June 2010