Validity and general information
These terms and conditions (hereinafter referred to as GTC) apply without exception to all legal transactions, deliveries and services concluded between Weingut Jalits, Untere Dorfstraße 16, 7512 Badersdorf, Austria and the customer.
By placing an order, the customer agrees to these General Terms and Conditions. These General Terms and Conditions may be amended by Weingut Jalits at any time and shall apply in the version valid at the time of the customer’s order. Deviating terms and conditions shall not apply unless Weingut Jalits has agreed to them in writing or by e-mail before accepting the order.
These GTC apply to both entrepreneurs and consumers, but only to the extent that there are no mandatory provisions of the Consumer Protection Act or other laws to the contrary.
Should individual provisions of these GTC be invalid in whole or in part, or become invalid due to statutory provisions, this shall not affect the validity of the remaining provisions. Invalid provisions shall be replaced by valid provisions that most closely correspond to the original intended purpose.
Offers
Offers from Weingut Jalits are always subject to change and non-binding, unless expressly agreed otherwise.
Conclusion of contract
Conclusion of the contract: The presentation of the products on our website is to be understood as an online catalog. They are not legally binding offers on our part. By clicking on the “+” button, you can add the selected product to your order list. By clicking on the “order” button, you are making a binding offer to purchase the items you have selected. You will automatically receive a confirmation of your order by e-mail. By sending this confirmation, we have accepted your offer. This concludes the contract.
Order confirmation: You will receive an order confirmation to the e-mail address you have provided immediately after we have received your order.
Delivery and shipping
Unless self-collection has been agreed, delivery shall be made to the address specified by the customer as quickly as possible within a reasonable period of time.
The risk shall pass to the customer as soon as the delivery has left the Jalits Winery, i.e. when the customer has accepted the delivery, even if partial deliveries are made. Information on the delivery period is non-binding unless, in exceptional cases, a delivery date has been bindingly agreed in writing.
In the event that a delivery date cannot be met by Weingut Jalits, the customer will be informed and notified of the new delivery date. If the ordered goods are not available despite order confirmation, the customer will be informed immediately. In this case, Weingut Jalits is entitled to withdraw from the contract and not to deliver the ordered goods; any payment already made will be refunded immediately.
Force majeure or other unforeseen events shall release Weingut Jalits from compliance with the specified delivery date.
Your parcels will be delivered to the delivery address you specify by the respective selected producer. Please note that you or a person authorized to accept the goods can be reached at this address during the day.
Deliveries to Great Britain, Norway, Ireland and Sweden as well as countries outside Europe are generally not possible. However, these can be checked on request.
Please send an email to:
Withdrawal, right of withdrawal
You have the right to revoke your contractual declaration within 14 days without giving reasons.
The withdrawal period is 14 days from receipt of this instruction in text form, but not before receipt of the goods by the recipient.
To exercise your right of withdrawal, you must inform Weingut Jalits by means of a clear statement (letter, fax, e-mail) of your decision to withdraw from this contract. The timely dispatch of the revocation is sufficient to comply with the revocation period.
The written revocation must be sent to:
Weingut Jalits, Untere Dorfstraße 16, 7512 Badersdorf, Austria
Consequences of revocation
In the event of an effective revocation, the services received by both parties must be returned. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. Weingut Jalits may refuse the refund until it has received the goods back.
The customer must return or hand over the goods to Weingut Jalits, Untere Dorfstraße 16, 7512 Badersdorf, Austria, immediately and in any case within fourteen days at the latest from the day on which he informed Weingut Jalits of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
The costs for the return shipment shall be borne by the buyer in any case.
If you are unable to return the goods received in whole or in part or only in a deteriorated condition, you may have to compensate us for the loss in value. 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 that is not necessary for checking the condition, properties and functionality of the goods.
Terms of payment, shipping costs
Unless otherwise stated, all prices are per bottle in EURO including all statutory duties and taxes for customers from Austria excluding all expenses incurred in connection with shipping. The prices at the time of the order apply. Instead of prices are the previous sales prices. In the case of delivery outside Austria, prices may change due to different taxes and duties.
Unless otherwise agreed, the purchase price is due without any deductions upon ordering.
The prices stated on the website of Weingut Jalits apply exclusively to e-commerce orders.
Further information on shipping costs
Retention of title
The goods remain the property of Weingut Jalits until full payment has been made by the customer.
Warranty
The customer undertakes to report any defects immediately and with a precise description of the defect and to return the goods together with a copy of the invoice, otherwise his claims shall be forfeited.
We guarantee full compensation for damages and impairments that occur during transport under the following conditions:
– The incoming goods must be checked immediately for correctness and completeness.
– Any complaints must be confirmed by the transport company.
– A complaint about the goods must be reported to us within 48 hours.
The warranty shall be provided by replacing the item within a reasonable period of time. The Jalits Winery shall be entitled to choose in this respect.
If the goods are consumed beyond a tasting of a small quantity to check for any defects (cork taste), any warranty is excluded.
The crystallization of tartar is a natural process and not a reason for complaint.
A warranty claim shall in any case be limited to the invoice value of the defective goods delivered.
Compensation for damages
Weingut Jalits is only liable for damages caused by gross negligence or willful misconduct. Liability for slight negligence is excluded, as is liability for consequential damage, financial loss, loss of profit, unrealized savings or loss of interest. No liability exists for third-party claims.
Within the scope of application of the Product Liability Act, Weingut Jalits is liable for personal injury and damage to property suffered by a consumer. Claims of a customer who is an entrepreneur under the Product Liability Act do not exist.
Broken bottles are covered by the transport insurance. A photo of the shipping carton with the still corked or screwed and unopened neck of the bottle serves as proof.
Data processing
The customer agrees that his data disclosed through the business relationship may be stored, processed and transmitted by Weingut Jalits to the companies or persons involved in the business transaction.
Otherwise, the data will be treated confidentially in accordance with the Data Protection Act and protected against unauthorized access wherever possible.
The customer has the right to free information, correction, blocking and deletion of his stored data at any time. He can contact Weingut Jalits in this matter in writing to the e-mail address or by post via the company headquarters stated in the imprint.
The customer has been informed of the type, scope, location and purpose of the collection, processing and use of the data required for the execution of orders. The customer expressly agrees to this collection, processing and use of personal data.
Place of jurisdiction and applicable law
For all disputes arising from the relationship between Weingut Jalits and the customer, the competent district court of Oberwart is agreed, unless mandatory statutory provisions to the contrary exist. Weingut Jalits is also entitled to sue at the general place of jurisdiction of the customer. Austrian law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. The contract language is German.
Protection of minors
The sale and delivery of wine and spirits can only be made to persons over the age of 16 or 18 (the laws differ in the respective federal state). In order to comply with legal regulations, we are entitled to hand over goods only after identification by means of an official photo ID. In the event of a justified refusal to hand over the goods, the customer is obliged to pay compensation for the actual damage incurred.