§ 1 Scope and Provider

(1) These General Terms and Conditions apply to all orders you place with Vinonudo GmbH, Westbahnstraße 30, 1070 Vienna, Managing Director: Dominik Portune.

(2) The product offering in our online shop is directed exclusively at buyers who have reached the age of 18.

(3) Our deliveries, services, and offers are made exclusively on the basis of these General Terms and Conditions. These Terms and Conditions shall also apply to companies and individuals for all future business relationships, even if they are not expressly agreed upon again.

(4) The contract language is exclusively German.

(5) You can access and print the currently valid General Terms and Conditions on the website www.vinonudo.at.

§ 2 Conclusion of Contract

(1) The presentation of goods in the online shop does not constitute a binding offer to conclude a purchase contract. Rather, it is a non-binding invitation to order goods.

(2) By clicking the “Buy” button, you submit a binding offer to purchase. Before submitting the order, you can review and, if necessary, correct your details.

(3) After receipt of your purchase offer, you will receive an automatically generated email confirming that we have received your order (order confirmation of receipt). This confirmation does not constitute acceptance of your offer. No contract is concluded at this stage.

(4) A purchase contract is only concluded when we expressly accept your offer (order confirmation) or when we dispatch the goods to you without prior explicit acceptance. Exception: in the case of payment via PayPal, acceptance occurs immediately upon placing the order.

§ 3 Prices

The prices stated on the product pages include statutory VAT and other price components and are exclusive of the respective shipping costs.

§ 4 Payment Terms; Default

(1) Payment may be made by:

(2) We reserve the right to determine the available payment methods. In particular, we may limit payment methods, for example, to advance payment to mitigate credit risk.

(3) If advance payment is selected, our bank details will be provided in the order confirmation. The invoice amount must be transferred within 10 days of receipt of the order confirmation.

(4) When paying by credit card, the purchase amount will be reserved on your card at the time of order (authorization). The actual charge will occur when the goods are shipped.

(5) When paying via PayPal, you will be redirected to the PayPal website during the order process. You must be registered there or register first, authenticate yourself with your login details, and confirm the payment instruction. After placing the order, we request PayPal to initiate the payment transaction, which is then carried out automatically.

(6) If you are in default of payment, you are obliged to pay statutory default interest at a rate of 5 percentage points above the base interest rate. A reminder fee of EUR 2.50 will be charged for each reminder sent after default, unless a lower or higher damage is proven.

§ 5 Delivery

Unless otherwise agreed, delivery of goods shall be made from our warehouse to the address specified by you.

Transfer of risk:
If the trader dispatches the goods, the risk of loss or damage passes to the consumer only when the goods are delivered to the consumer or a third party designated by the consumer (other than the carrier). However, if the consumer has concluded the transport contract themselves without using a selection option suggested by the trader, the risk passes upon handover to the carrier. Unless otherwise agreed, ownership of the goods transfers to the consumer at the same time as the risk.

§ 5.1 Deliveries within Austria and Germany

We generally use DPD for deliveries. Delivery is usually made within:

Delivery is subject to product availability. If an item is not available at the time of ordering, we will inform you promptly. The same applies if a product (e.g., a specific vintage) is no longer available.

In exceptional cases, we are not obliged to deliver if we have ordered the goods properly but have not been supplied correctly or on time (congruent covering transaction). This applies only if we are not responsible for the unavailability and have informed you immediately. In such cases, any payments already made will be refunded without delay.

§ 6 Retention of Title

The goods remain our property until full payment of the purchase price.

If you are an entrepreneur within the meaning of § 14 BGB, the following also applies:

§ 7 Right of Withdrawal

If you are a consumer within the meaning of § 13 BGB (i.e., you make the purchase for purposes predominantly outside your trade or profession), you have a right of withdrawal as follows:

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party designated by you (who is not the carrier) takes possession of the goods.

To exercise your right of withdrawal, you must inform Vinonudo GmbH, Westbahnstraße 30, 1070 Vienna, Managing Director: Dominik Portune, office@vinonudo.at, Tel: …

by means of a clear declaration (e.g., letter sent by post, fax, or email) of your decision to withdraw.

It is sufficient to send the notification before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery), without undue delay and no later than fourteen days from the day we receive your withdrawal notice.

The refund will be made using the same payment method you used for the original transaction, unless otherwise agreed. No fees will be charged.

We may withhold reimbursement until we have received the returned goods or you have provided proof of return, whichever occurs first.

You must return or hand over the goods without undue delay and no later than fourteen days from notifying us of the withdrawal. The deadline is met if you send the goods before the fourteen-day period expires.

You bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods if this results from handling beyond what is necessary to examine their nature, characteristics, and functioning.

§ 8 Transport Damage

(1) If goods are delivered with obvious transport damage, please report such defects immediately to the delivery agent and contact us as soon as possible.

(2) Failure to make a complaint does not affect your statutory warranty rights but helps us assert claims against the carrier or transport insurance.

§ 9 Warranty

Unless otherwise expressly agreed, your warranty rights are governed by statutory provisions (§§ 433 et seq. BGB).

Only our own statements and the manufacturer’s product description are binding regarding the quality of the goods, not public statements, promotions, or advertising by the manufacturer.

You are obliged to inspect the goods promptly and with due care for deviations in quality and quantity and to notify us of obvious defects within 14 days of receipt. Timely dispatch of the notice is sufficient. This also applies to hidden defects discovered later.

Failure to comply with inspection and notification obligations excludes warranty claims.

In the event of defects, we will provide remedy at our discretion by repair or replacement. In case of repair, we are not required to bear additional costs arising from moving the goods to a location other than the place of performance unless such relocation corresponds to intended use.

The warranty period is one year from delivery of the goods.

Copyright:
HÄRTING Attorneys at Law, www.haerting.de, vertragstexte@haerting.de
Chausseestraße 13, 10115 Berlin
Tel. +49 (0)30 28 30 57 40, Fax +49 (0)30 28 30 57 4