1. GENERAL
The general terms and conditions apply to online – orders on www.wieden-braeu.at. The contractual partner of the customer is UniBier GmbH (UID: ATU76377323), Universitätsring 10, 1010 Vienna, (further Wieden Bräu).
Orders in the online store via www.wieden-braeu.at are placed on the basis of these GTCs. Deviating conditions of the customer are not valid. By submitting an order, the customer agrees to these GTCs and is bound by them. In the case of legal transactions with consumers, these GTCs shall apply insofar as provisions that are not mandatorily applicable are more favorable for consumers.
2. CONCLUSION OF THE CONTRACT
The goods displayed in the online store represent a non-binding invitation to the customer to make a binding offer to WiedenBräu to conclude a purchase contract. By completing the ordering process and pressing the “Pay now” button, the customer makes WiedenBräu a binding offer to purchase the selected products.
As soon as the order is received by WiedenBräu, the customer will be automatically informed of the receipt of the order via the e-mail address provided. This e-mail is for information purposes only and does not constitute acceptance of the contract by WiedenBräu.
The contract is concluded only with the transmission of the shipping confirmation after acceptance by WiedenBräu, about which the customer will be informed separately via the e-mail specified by him.
The contract text is stored by us and can be requested by the customer after completion of the order process.
3. LANGUAGE OF THE CONTRACT
The content of the contract and all other information, customer service, data information and complaint handling are offered in the German language.
4. PRICES AND SHIPPING COSTS
All prices shown in the online store are gross prices including the statutory VAT, but excluding all costs associated with delivery. The prices at the time of the order apply. Prices are shown in euros and are subject to any calculation and typing errors. Shipping outside of Austria is not possible. The delivery is carried out by the Austrian Post AG.
Delivery is free of shipping costs from an order quantity of 24 bottles.
From an order value of 55€ gross incl. VAT, shipping is also free of charge.
5. CONTROL
If the goods are in stock, the delivery will be made within 6 hours after receipt of the order (during operating hours). In case of non-compliance with the above delivery deadline, the customer will be informed immediately in writing and may withdraw from the contract within 2 days in writing, by letter or e-mail.
Delivery only within business hours from 09.00 – 17.00
6. METHODS OF PAYMENT
The customer undertakes to pay the purchase price in full when placing the order. The following payment methods are accepted:
- Visa
- Mastercard
- PayPal
- Prepayment
- Bank transfer
- Bar in the brewery
WiedenBräu reserves the right to refuse or not to execute the conclusion of the contract without giving reasons. This applies esp. for orders placed by minors.
7. RESERVATION OF OWNERSHIP
The goods remain the property of WiedenBräu until the ordered goods have been paid for in full. Before full payment for the goods, the customer is prohibited from pledging, transferring, consuming or granting any other rights to third parties in respect of the goods. Access by third parties to the goods, in particular seizures, must be reported to WiedenBräu immediately and all information required to enforce the right of ownership must be provided.
8. WARRANTY
In the case of legal transactions with consumers, warranty rights shall be governed by the statutory provisions.
For entrepreneurs, the following applies in addition:
The customer must inspect the goods immediately upon receipt and notify WiedenBräu of any visible defects and shortages immediately upon receipt of the goods in writing only. Concealed defects must also be reported in writing without delay, but at the latest within 3 days of discovery. If a notice of defects is not raised or not raised in time, the goods shall be deemed to have been approved. The assertion of warranty claims as well as the right to contest errors due to defects are excluded in these cases. To meet the deadline, it is sufficient to send the notice of defects in time.
The warranty period for entrepreneurs is 3 months. The customer must always prove that the defect was present at the time of acceptance. WiedenBräu reserves the right to fulfill a justified warranty claim at its own discretion by improvement, replacement or price reduction.
9. LIABILITY
Claims for damages are excluded in cases of slight negligence, except for personal injury. Furthermore, liability for gross negligence and consequential damages is excluded, as is compensation for consequential harm caused by a defect, indirect damages and other property damage, financial loss, loss of profit and claims for damages by third parties against the customer. If the customer is an entrepreneur, he must prove the existence of gross negligence.
Claims for damages become time-barred 12 months after knowledge of the damage and the damaging party.
All products distributed by WiedenBräu comply with the relevant Austrian laws in terms of their nature (e.g. minimum shelf life) and presentation (e.g. labeling). In the event of export from Austria by the customer, the customer shall bear sole responsibility with regard to compliance with the relevant provisions outside Austria, in particular with regard to food, labeling, consumer protection and competition law, and the customer shall fully indemnify and hold WiedenBräu harmless in this respect.
10. REVOCATION / WITHDRAWAL FROM THE CONTRACT
The terms “revocation” and “withdrawal” are used equivalently.
Entrepreneurs do not have the right to withdraw from the contract.
If the customer is a consumer, he has the right to withdraw from a contract concluded in distance selling within fourteen days without giving reasons. The withdrawal can also be exercised only partially.
We would like to point out that there is no right of withdrawal for the majority of our product range (§ 1 Abs 2 Z 10 FAGG).
The withdrawal must be addressed to WiedenBräu, UniBier GmbH, Waaggasse 5, 1040, Vienna, Austria, e-mail: office@wieden-braeu.at.
In order to exercise the right of withdrawal, the customer must inform WiedenBräu of the decision to withdraw from this contract by means of a clear declaration of withdrawal (e.g. a letter or e-mail sent by post). The sample form below can be used for this purpose.
The withdrawal period is fourteen days from the day on which the customer or a third party named by him has taken possession of the goods or, in the case of a uniform order and separate delivery, from the day on which the customer or a third party named by you has taken possession of the last partial delivery.
Sample withdrawal form
If you wish to cancel the contract, please fill out the form and send it to the address below:
To UniBier GmbH, Waaggasse 5, 1040, Vienna
WiedenBräu, , Austria
Tel: ____+43 1 586 030_________
E-Mai: _________office@wieden-braeu.at______________
I/we hereby revoke the contract concluded by me/us for the purchase of the following goods:
Order placed on:
Delivered on:
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only for postal delivery):
Date:
In order to comply with the withdrawal period, it is sufficient that the customer sends the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
10.1. CONSEQUENCES OF RESIGNATION:
Notwithstanding any other statutory provisions, revocation is only possible with regard to such items that are in a resalable condition.
In the event of withdrawal, the customer must return the goods in their original packaging without delay and in any case no later than fourteen days from the day on which WiedenBräu was notified of the withdrawal from this contract. The deadline is met if the customer sends the goods before the expiry of the period of fourteen days.
If the customer cancels the contract, WiedenBräu will refund all payments received, including shipping costs (with the exception of additional costs due to the choice of a delivery method other than the cheapest standard delivery offered by WiedenBräu), without undue delay and no later than within fourteen days from the date of receipt of the cancellation. WiedenBräu may refuse repayment until receipt of the returned goods or proof of return of the goods, whichever is earlier. For this repayment – in the absence of any agreement to the contrary – the same means of payment shall be used as for the transaction. No fee will be charged for the repayment. The direct costs of returning the goods (cheapest standard delivery) shall be borne by WiedenBräu.
11. APPLICABLE LAW, PLACE OF JURISDICTION
The contracting parties agree on the application of Austrian law to the exclusion of reference standards and the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction shall be the competent court in Vienna, insofar as this does not conflict with any mandatory statutory provisions in favor of consumers.
12. PLACE OF PERFORMANCE
The place of performance for all services arising from the contract is the registered office of WiedenBräu, insofar as this does not conflict with any mandatory legal provisions.
13. OTHER
All news, graphics, texts on www.__wieden-braeu_______.at are protected by copyright and are intended solely for the personal information of customers and may not be reproduced, edited, made available to the public or distributed.
14. SEVERABILITY CLAUSE
The ineffectiveness, invalidity or cancellation of individual provisions shall not affect the effectiveness of the remaining provisions of these General Terms and Conditions.
15. CONTACT
Questions about webshop, returns and products:
WiedenBräu, UniBier GmbH, Waaggasse 5, 1040, Vienna, Austria
Tel: +01 5860300
E-mail: office@wieden-braeu.at
Privacy issues:
office@wieden-braeu.at
Status: 2021