Terms and Conditions

1. Scope of application

1.1 These General Terms and Conditions apply to the sale and delivery of goods by Weingut Ruttenstock GesbR, with its registered office and business address at A-3743 Röschitz Hauptstraße 21.

1.2 The General Terms and Conditions can be changed by Weingut Ruttenstock GesbR at any time and are valid in the version that is current at the time of the customer's order.

1.3 Deviating terms and conditions are not valid unless Ruttenstock GesbR has agreed to them in writing or by email prior to acceptance of the order.

1.4 By placing an order, the customer agrees to these General Terms and Conditions.

1.5 The customer's order constitutes a binding offer. The acceptance of the customer's offer by Ruttenstock GesbR takes place through the actual delivery of the ordered goods. Weingut Ruttenstock GesbR is entitled to reject an order without stating reasons.

2. Prices and Shipping Costs

2.1 The prices offered for the goods are gross prices in Euros and include all statutory taxes and duties for domestic deliveries. However, the prices offered do not include any packaging and shipping costs.

2.2 For deliveries outside of Austria, additional customs duties and/or taxes may apply, including any import or export duties and any excise duties, which may lead to a change in the gross prices offered. Such duties and/or taxes are to be borne by the buyer at the respective statutory rate. Deliverances outside of Austria can only be made if there are no legal or disproportionately high logistical obstacles to the delivery.

2.3 The prices stated in catalogs, brochures, price lists, etc., are always non-binding, unless otherwise expressly stated in individual cases. Prices for reorders are also non-binding.

2.4 Prices are based on costs at the time of the initial price quotation. Should costs change by the time the buyer places an order, Weingut Ruttenstock GesbR is entitled to adjust prices accordingly. Binding prices will be displayed in the online shop after correct selection in the shopping cart, and for orders placed by mail, phone, fax, or email, will be indicated in the order confirmation issued in writing (including by fax or email) by Weingut Ruttenstock GesbR.

2.5 All shipping costs shall be borne by the buyer. The costs of delivery will be displayed in the online shop after correct selection in the shopping cart for orders placed via the internet, and will be shown in the order confirmation issued in writing (including by fax or email) by Weingut Ruttenstock GesbR for orders placed by mail, telephone, fax, or email.

2.6 From 12 bottles onwards, Weingut Ruttenstock GesbR will cover the shipping costs within Austria.

2.7 For the remaining Schengen Area countries, the actual delivery costs will be charged and their amount will be shown according to point 2.5 after correct selection in the shopping cart and in the order confirmation. For deliveries outside the Schengen Area, deliveries are made by freight forwarding. Automatic shipping cost calculation is not possible in this case. The purchase contract is concluded only when the customer has accepted the offer.

3. Payment and Deposits

3.1 The purchase price is due immediately upon order. Payment can be made by invoice with enclosed payment slip, PayPal, or advance payment to our account.

3.2 Weingut Ruttenstock GesbR retains ownership of all goods until full payment of the purchase price, including ancillary charges, has been received.

3.6 Granted discounts or bonuses are subject to the condition of full payment being received. For payments made with vouchers, no credit can be issued for any remaining balances. The redemption period for merchandise vouchers/gift certificates, etc. is determined by the date indicated on the merchandise vouchers/gift certificates, etc.

3.7 Discounts and cash discounts do not apply to subscriptions, fine wine products, sweepstakes of any kind, or already reduced goods. Discounts, cash discounts, and special offers are only applicable when purchasing usual household quantities.

4. Transfer of Risk

4.1 When the buyer collects the goods themselves, the use and risk transfer to the buyer at the latest upon handover.

4.2 Upon delivery, Weingut Ruttenstock GesbR shall determine the mode and route of transport in the absence of specific instructions from the buyer, acting as the buyer's agent. Upon delivery, the use of and risk associated with the goods shall pass to the buyer upon handover of the goods from Weingut Ruttenstock GesbR to the carrier. Delivery shall therefore be at the buyer's cost and risk. Insurance coverage for delivery exceeding a value of EUR 2,500.00 shall only be provided upon the buyer's express instruction and at the buyer's expense.

5. Return of Goods and Right of Withdrawal

5.1 Weingut Ruttenstock GesbR is prepared to accept returns of goods purchased from us for a full refund of the purchase price until further notice, provided that: The return must be made within 10 days of the invoice date, in the original packaging, undamaged, and with the original invoice presented. Marked special offers will only be accepted for return in their entirety as purchased. The return will be processed at the price valid at the time of the original purchase. The refund of the purchase price will be issued as store credit. Expressly excluded from this policy are custom orders, showroom items, clearance items, remaining stock, and partial quantities from packaged units.

5.2 If the buyer is a consumer within the meaning of the Consumer Protection Act and placed their order by mail, telephone, fax, email, or through the online shop, they may withdraw from the purchase contract within seven working days (Monday to Friday) from the day the goods are received by the buyer, in accordance with §§ 5e-5h of the Consumer Protection Act and in deviation from point 5.1. The withdrawal does not require justification and only needs to be sent within the specified period. The buyer will be refunded the purchase price already paid upon return of the goods, but must bear the costs and risks of the return shipment. The return shipment of the goods must be sent exclusively to the following address: Weingut Ruttenstock GesbR, 3743 Röschitz, Hauptstraße 21.

6. Orders, Delivery Period, Delivery Obstacles, Withdrawal from the Contract

6.1 Weingut Ruttenstock GesbR accepts orders by phone, fax, or email at the main office or through the online shop from Monday to Friday between 9:00 AM and 5:00 PM. The order acceptance times may be changed from time to time by Weingut Ruttenstock GesbR according to information provided in advertising materials or on the online shop. If orders are received outside of the order acceptance times, they will be considered received at the beginning of the next business day's order acceptance time. When placing an order, the customer must specify a desired delivery date, an alternative date, and the exact delivery location. The customer is obligated to ensure proper acceptance of the ordered goods at the specified delivery location on these dates. Weingut Ruttenstock GesbR will provide the customer with a written confirmation (including by fax or email) of the order with all relevant order details.

6.2 In the event of non-acceptance of ordered goods, Weingut Ruttenstock GesbR is entitled to demand reimbursement for the additional expenses incurred as a result, such as wasted transportation costs. This does not apply if Weingut Ruttenstock GesbR does not perform its services in accordance with the contract.

6.3 Orders are accepted subject to availability. Weingut Ruttenstock GesbR reserves the right to allocate smaller quantities to orderers if a product is oversubscribed. If delivery or compliance with an agreed delivery deadline becomes impossible due to circumstances beyond the control of Weingut Ruttenstock GesbR, the delivery obligation for the intended delivery date shall cease. Circumstances beyond the control of Weingut Ruttenstock GesbR include, in particular: difficulties in obtaining goods or raw materials from third parties, in the case of subscriptions, delayed release of goods by the supplier to Weingut Ruttenstock GesbR, operational disruptions (including those of Weingut Ruttenstock GesbR's suppliers), traffic disruptions, lockouts and strikes, as well as all cases of force majeure. In such cases, Weingut Ruttenstock GesbR will contact the buyer immediately to arrange a replacement date for the prevented delivery. If the buyer is offered a new delivery date by Weingut Ruttenstock GesbR that is no later than two weeks after one of the originally agreed delivery dates, and the delivery is carried out properly on this new date, then delivery by Weingut Ruttenstock GesbR is considered timely in the sense of the purchase contract.

6.4 If Weingut Ruttenstock GesbR cannot offer the buyer a new delivery date in accordance with Section 6.3, or if the new delivery date also cannot be met due to circumstances beyond Weingut Ruttenstock GesbR's control as mentioned in Section 6.3 (impossibility of delivery on the agreed date), Weingut Ruttenstock GesbR is entitled to withdraw from the contract in whole or in part without being liable for damages. Likewise, the buyer can withdraw from the contract in these cases.

6.5 In the case of divisible services, the buyer has no right of withdrawal regarding deliverable parts, as long as parts of the service can be fulfilled and are usable by the buyer. Under the same conditions, or if the remaining parts can be delivered subsequently in a timely manner (within the meaning of point 6.3), the buyer is not entitled to refuse the acceptance of partial deliveries.

6.6 If the buyer unjustifiably declares that they do not wish to honor the contract („cancellation“), and Weingut Ruttenstock GesbR agrees to this in writing (including by fax or email), Weingut Ruttenstock GesbR is entitled to 15% of the purchase price as a lump-sum compensation („cancellation fee“) for items in stock. For made-to-order goods, such termination of the contract is generally excluded. Notwithstanding this, consumers retain their statutory rights of withdrawal without a cancellation fee in accordance with Sections 5e–5h of the Consumer Protection Act (see also Section 5.2).

6.7 Changes or cancellations of orders by the buyer must generally be in writing (including by fax or email). Weingut Ruttenstock GesbR reserves the right to accept declarations in other forms as well, but these will only become effective upon written confirmation by Weingut Ruttenstock GesbR (including by fax or email).

6.8 The terms and conditions stated on the internet also apply to online vouchers.

7. Warranty

7.1 Assurances regarding the usability or special properties of the goods, or statements made by employees of Weingut Ruttenstock GesbR are non-binding and do not constitute an express assurance of specific properties, unless they are made in writing (including by fax or email).

7.2 Warranty claims require that defects be reported to Weingut Ruttenstock GesbR immediately upon discovery. Recognizable defects must be reported immediately upon acceptance, hidden defects upon discovery, and with presentation of the opened merchandise and original invoice.

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

7.4 Weingut Ruttenstock GesbR fulfills its warranty obligations, at its discretion, either by supplying defect-free goods, improvement, redelivery of missing quantities, or rescission of the contract (i.e., refund of the purchase price) within a reasonable period.

7.5 Taste-related reasons, commercially customary or minor, technically conditioned deviations in quality, quantity, color, size, weight, equipment, or design do not constitute warranty defects or non-fulfillment of the contract.

7.6 Weingut Ruttenstock GesbR is not liable for matching taste, color, material, pattern, or other conformity characteristics of reordered goods. The same applies to goods ordered according to a sample, provided that any deviation remains within commercially and technically usual limits.

7.7 Any warranty is excluded after testing, consumption, or initial processing or treatment of the goods.

7.8 The warranty period is 1 month from the time of transfer of risk according to clause 4.

7.9 For transactions with consumers within the meaning of the Consumer Protection Act, the warranty provisions according to theGeneral Civil Code apply.

8. Liability for Damages

8.1 Weingut Ruttenstock GesbR is liable for damages according to statutory provisions. However, liability for damages caused by slight negligence is excluded. The limitation of liability does not apply to damages resulting from injury to life, body, or health of persons and to claims under the Austrian Product Liability Act.

8.2 Businesses must prove the existence of intent or gross negligence. Liability for lost profits and other consequential damages is excluded with respect to businesses. Furthermore, liability toward businesses is limited to 10% of the purchase price. Compensation for consequential damages (resulting from defects), other property damage, financial losses, and damages arising from third-party claims against the customer is also excluded with respect to business customers.

8.3 For businesses with consumers within the meaning of the Austrian Consumer Protection Act, point 8.1 does not apply.

9. Pickup, Buyer's Default in Acceptance

9.1 Goods ordered or commissioned from Weingut Ruttenstock GesbR must be collected within 14 days of notification or commissioning. Any extended storage period, up to a maximum of 4 weeks, must be agreed upon and recorded in the order or invoice in the EDP system.

9.2 If the goods are not picked up or accepted within this period, Weingut Ruttenstock GesbR has the right either to store the goods at the buyer’s risk, charging a storage fee of 5% of the invoice amount per month or part thereof plus sales tax, and to insist on performance of the contract, or, after setting a grace period of 2 weeks, to withdraw from the contract and resell the goods to another customer, in which case the buyer must pay a handling fee of 15% of the purchase price plus sales tax, due immediately.

10. Child Protection

10.1 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 Ruttenstock GesbR is entitled to hand over goods only after identification by an official photo ID. In the event of justified refusal of handover, the customer is obliged to compensate for the actual damage incurred (e.g., delivery costs).

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

11. Other Provisions

11.1 If individual provisions of the contract or these General Terms and Conditions are invalid, this does not result in the invalidity of the entire contract or the entire General Terms and Conditions. The remaining content of the contract or the remaining General Terms and Conditions shall remain unchanged.

11.2 In the event of any disputes, the local and subject matter jurisdiction of the District Court A-2020 Horn is agreed upon.

11.3 The contract is governed by Austrian law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

11.4 For business with consumers within the meaning of the Consumer Protection Act, point 13.2 does not apply. Point 13.3 applies with the restriction that under the conditions of Art. 6 of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations („Rome I“), specific consumer protection provisions of the law of the state in which the consumer has his habitual residence may take precedence over the chosen Austrian law.