These general terms and conditions apply to the sale, auction and delivery of goods by the KSA.
The prices refer only to the goods and, in particular, do not include shipping costs. All costs from shipping, especially any import or export duties, are borne by the buyer.
For consumers in Austria starting from a gross price of goods currently set at EUR 150, and at EUR 360 for wholesalers and resellers in Austria, the cost of shipping will be covered by KSA. This does not apply to any import and export duties or any other taxes payable by the buyer. For all other European countries, the actual incurred delivery costs will be charged. KSA may change the amounts mentioned unilaterally and at any time.
2.2 Prices in catalogs, brochures, price lists, etc., are non-binding unless a price guarantee is expressly given. The prices quoted for repeat and subsequent orders are also non-binding.
2.3 All prices are based on the costs calculated at the time of the initial price quotation. In the event that the costs change before an order is placed by the buyer, KSA shall have the right to adjust the prices accordingly. Binding prices are displayed in the online (internet) shop after correct selection in the shopping cart. If an order is received via another method (e.g. post, fax etc.), KSA shall confirm these prices in writing.
2.4 Sections 2.1 to 2.3 do not apply to any auctions in the context of online auctions; provisions contained in Section 12 of the General Terms and Conditions are referred to separately.
3.1 The purchase price is due upon (partial) delivery of the goods at the latest.
In the event of shipment with delivery, a transport lock requested by the customer will be charged separately. This fee is also due upon delivery of the goods. If the purchase price is not paid in full on delivery, the carrier of the goods is entitled to take them back at the buyer’s expense. Justified complaints entitle the buyer to withhold only the appropriate portion of the invoice amount. In transactions with consumers, the latter can refuse payment in full if KSA has not performed the delivery in accordance with the contract or the delivery is at risk due to adverse financial circumstances, which were neither known nor required to be known by the consumer at the time the contract was concluded. If KSA offers adequate safeguards, this right to refuse payment does not apply.
3.2 KSA expressly reserves ownership of all goods until full payment of the purchase price including additional fees, taxes and other charges is received.
3.3 A deposit of 25% of the purchase price must be paid upon placing the order. The deposit is payable within 14 days.
3.4 Payments made to KSA staff shall only be recognized if they are confirmed with a cash receipt.
3.5 If the buyer is in arrears with the payment or other service, KSA shall be entitled to:
– postpone the fulfillment of its own obligations until the arrears of payments or other services have been effected,
– make a reasonable extension of the delivery period,
– demand immediate payment of the entire outstanding purchase price (acceleration of payment); this also applies if an installment payment has been agreed upon with the consumer, provided that KSA has already performed its services, at least one back payment by the consumer has been due for at least 6 weeks, and KSA has given the consumer prior notification for the acceleration of payment and issued a grace period of at least 2 weeks after an unsuccessful reminder, whereby the the payment installments are immediately due taking into account a deduction for the interest corresponding to the remaining term,
– a default interest of 8% above the base rate of the Austrian National Bank (OENB), at least 12% per year, plus sales tax, and
– withdraw from the contract, in the event of non-compliance with a reasonable grace period, and
– to request from the buyer the resulting reminder and collection expenses, in so far these are required for the legal assertion of the respective claims, whereby the buyer is obliged to reimburse the remuneration of the employed collection agency, in accordance with the maximum fees for collection agencies as stated in the respective regulation of the Austrian Federal Ministry of Economics and Labor (BMWA). In addition, any further loss, in particular the loss that arises from correspondingly higher interest on any credit costs incurred by KSA due to non-payment, is to be reimbursed regardless of fault for the payment delay.
3.6 Agreed discounts, other benefits or bonuses are subject to complete payment in due time. When paying with vouchers, credit cannot be issued for any remaining amounts. The redemption period for product vouchers/shopping vouchers etc., is based on the date stated on the product vouchers/shopping vouchers, etc.
3.7 Rebates and discounts do not apply to promotions of any kind or goods that have already been reduced in price. Rebates, discounts and special offers can only be used when purchasing normal household quantities. The seller is responsible for defining household quantities.
3.8 In the event of delay in payment of invoices up to an amount of EUR 350.00, a written reminder shall be sent to the buyer for payment of the outstanding purchase price and a processing fee of up to 10% of the purchase price, insofar as this is necessary for the appropriate legal action, with a minimum charge of EUR 7.27. If the buyer does not pay this amount by the date specified in the written reminder, the KSA is entitled to file a complaint immediately.
3.9 Section 3.4 and Section 3.5’s last bullet point (indention) do not apply to transactions with consumers according to the Austrian Consumer Protection Act.
4.1 If the buyer picks up the goods himself, use and risk shall pass to the buyer at the time of handover at the cashier.
4.2 When the goods are delivered by KSA or one of its agents, use and risk pass to the buyer at the latest when the goods are handed over to the buyer or its representative.
5.1 Until further notice, KSA is willing to take back purchased goods against reimbursement of the full purchase price under the following conditions:
5.1.1 The goods must be returned in their original packaging, undamaged and with presentation of the original invoice within 10 days of the invoice date.
5.1.2 Labeled special offers shall only be taken back for the total amount purchased.
5.1.3 The return shall be for the price valid at the time of the original purchase.
5.1.4 The purchase price shall be refunded in the form of a credit. Order goods, display items, special promotional items, remainder items and partial quantities from packaged units, partial quantities from sets and goods from auction sales are expressly excluded from this.
5.2 If the buyer is a consumer as defined by the Austrian Consumer Protection Act (KSchG) and has placed their order by post, telephone, fax, email or via the online shop, they can withdraw from the purchase contract within 14 calendar days from the day the goods are received by the buyer, in accordance with §§ 5e-5h of the Austrian Consumer Protection Act and in deviation from Section 5.1. A reason is not required for the withdrawal; however, it must be sent in time. The buyer shall be refunded the purchase price already paid against returning the goods, but must bear the return costs. The goods must be returned to the following address only: Klosterladen Stift Admont, Admont 1, 8911 Admont.
6.1 KSA accepts orders via phone, fax or email at Admont 1, 8911 Admont or via the online shop from Monday to Friday, 9 a.m. to 5 p.m. The order times can be changed by KSA from time to time according to the information in advertisements or in the online shop. If orders are received outside of the designated order times, they are not considered received until the beginning of the order time on the next working day. When placing an order, the customer must state a desired delivery date, an alternate date and the exact delivery location. The customer is obligated to ensure the proper acceptance of the ordered goods at the specified delivery location on these dates. KSA will send the customer a written (including fax or email) order confirmation with all relevant order information. If the seller incurs costs from improper acceptance, these may be offset against the buyer.
6.2 The delivery is carried out by KSA or an authorized carrier during normal business times. In the event that the ordered goods are not accepted, KSA is entitled to reimbursement of any additional expenses incurred, such as additional transportation costs. This does not apply if KSA does not perform its services in accordance with the contract.
6.3 Orders are accepted subject to delivery options. KSA reserves the right to allocate smaller quantities to customers if there is an over-subscription of a product. If delivery or compliance with an agreed delivery period becomes impossible due to circumstances for which KSA is not responsible, the delivery obligation expires on the intended delivery date. The circumstances for which KSA is not responsible include in particular: difficulties in purchasing goods or materials from third parties, the delayed release of the goods by KSA’s supplier in the case of subscriptions, operational disruptions (including KSA’s suppliers), traffic disruptions, lockouts and strikes, and all cases of force majeure. In such cases, KSA will contact the buyer immediately to arrange an alternate date for the impeded delivery. If the buyer of KSA goods is offered a new delivery date that is no later than two weeks after one of the originally agreed delivery dates, and the delivery on this new date is also carried out properly, then KSA shall be considered to have provided timely delivery according to the purchase contract.
6.4 If KSA is not able to offer the buyer a new delivery date in accordance with Section 6.3 or if the new delivery date cannot meet the conditions stated in Section
6.3 (impossibility of delivery on the agreed date due to circumstances for which KSA is not responsible), KSA is entitled to withdraw from the contract in whole or in part without being held liable for losses. In such cases, the buyer may also withdraw from the contract.
6.5 In the case of divisible services, the buyer has no right of withdrawal with regard to deliverable parts, insofar as parts of the service can be performed and used by the buyer. Under the same conditions, or if the remaining parts can be delivered on time (according to Section 6.3), the buyer is not entitled to refuse partial deliveries.
6.6 If the buyer unjustifiably declares that they do not want to adhere to the contract (“cancellation”) and KSA agrees to this in writing (including by fax or email), KSA is entitled to 15% of the purchase price as a lump-sum compensation (“cancellation fee”). In the case of ordered goods, such termination of the contract is fundamentally excluded. Deviating from this, the consumers’ statutory right of withdrawal without cancellation fee remains according to §§ 5e – 5h Austrian Consumer Protection Act (see also Section 5.2).
6.7 Changes or cancellations of orders by the buyer must be made in writing (including via fax or email). KSA reserves the right to accept notifications in a different form, but these will only take effect after they have been confirmed in writing by KSA (including via fax or email).
6.8 The online conditions also apply to online vouchers.
7.1 Promises, such as the usability or special properties of the goods, or declarations by KSA employees are non-binding and do not constitute an express assurance of certain properties if they are not made in writing (including via fax or email).
7.2 Warranty claims require defects to be reported to KSA immediately, recognizable defects immediately upon acceptance, hidden defects after discovery, and with presentation of the opened goods and original invoice.
7.3 A warranty claim is under any circumstances limited to the purchase price of the delivered defective goods.
7.4 KSA fulfills its warranty obligations at its option either by delivery of defect-free goods, improvement, subsequent delivery of shortages or re-execution of the contract (i.e. repayment of the purchase price) within a reasonable period.
7.5 Customary or minor, technically related deviations in quality, quantity, color, size, weight, equipment or design do not constitute defects in warranty or non-fulfillment of the contract.
7.6 KSA is not liable for the taste, color, material and pattern match or other conformity characteristics of re-ordered goods. The same applies to goods ordered according to a sample, provided the deviation is within the customary and technical limits.
7.7 After tasting, consumption, started processing or processing of the goods, any guarantee is excluded.
7.8 The warranty period is 2 years from the time of transfer of risk in accordance with Section 4.
7.9 Sections 7.1 to 7.4 and Sections 7.7 to 7.8 do not apply to transactions with consumers according to the Austrian Consumer Protection Act.
8.1 KSA only liable for damages caused intentionally or arising from gross negligence, with the exception of damage caused to people.
8.2 Liability is limited to 10% of the purchase price within the framework of the legal provisions. No compensation will be paid for (defects) consequential damages, financial losses and damages done to the buyer by third parties.
8.3 Section 8.2 does not apply to transactions with consumers according to the Austrian Consumer Protection Act.
9.1 Goods ordered or picked from KSA must be collected within 14 days of notification or picking. A possible longer storage time up to a maximum of 4 weeks must be agreed upon and recorded on the order or invoice in accordance with the IT system.
9.2 If the goods are not picked up or not accepted within this period, KSA has the right to either store the goods at the risk of the buyer, taking into account a storage fee of 5% of the invoice amount per month started plus sales tax, and to insist on fulfillment 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 an immediate handling fee of 10% of the purchase price plus sales tax.
10.1 From time to time, KSA offers special wines for purchase in the form of subscriptions. With a subscription, the buyer has the option to purchase the wine described in the respective subscription offer with delivery at a later date. KSA’s subscription offer does not imply any obligation for KSA to deliver the wine specified in the respective subscription offer. Subscription wines may only be purchased during the period specified in the subscription offer. If a wine is oversubscribed, KSA reserves the right to allocate smaller quantities.
10.2 The delivery dates of the wines are dependent on the release date from the producers and may be postponed. In the event of a failure to deliver, the buyer shall immediately be refunded the down payment made for the subscription wine. There is no claim for an alternate replacement.10.3. An order is deemed accepted if the buyer receives an order confirmation from KSA with a request for the down payment. When the wine is delivered, the buyer will receive the final invoice. The deposit and the final amount are to be paid within 14 days. With regard to the other payment terms, please refer to Section 3 of these General Terms and Conditions.
11.1 KSA organizes activities and events as part of its business operations. KSA can only guarantee participation in such events if the participant purchases the card in one of our shops or in our online shop at least 8 days before the date. A booking confirmation will be sent to the customer approximately 3 days before the date.
11.2 Event vouchers are not considered admission tickets and can only be redeemed in one of our shops.
11.3 Cancellation on the part of the participant is unfortunately not possible. If the activity or event is canceled by the organizer, either an alternative date can be selected, or the admission price will be refunded.
12.1 KSA organizes auctions through its online shop. The following provisions mentioned in Section 12 refer exclusively to auctions that are carried out by KSA via the Internet and take precedence over the other provisions of these General Terms and Conditions.12.2 Participation in such auctions is only possible after the bidder has registered. To register for participation in online auctions, the bidder must provide their first and last name, delivery address, telephone number and email address. Furthermore, the bidder must confirm that they will pay by credit card if the bid is won, and then enter their credit card number. If there is a change in this data between the time of registration and any purchase of goods auctioned by KSA, the bidder is obliged to notify KSA of the change immediately.
KSA sets up a separate account (“wine cellar”) for each registered bidder, with which they use to bid at the auctions. This account is not transferable.
KSA can block the use of this account if:
– the bidder has violated the provisions of these General Terms and Conditions,
– the bidder has provided incorrect data during registration,
– the bidder has misused KSA services or
– there is another significant reason.
As soon as KSA has blocked a bidder’s account, the bidder may no longer use KSA’s website and may not register again as a bidder without KSA’s express prior consent. There is no entitlement to the restoration of the (“wine cellar”) account.
12.3 Only natural and legal persons are allowed to participate in KSA auctions. KSA reserves the right to exclude persons who do not have unrestricted legal capacity from participating in auctions, or to reject individual bids. KSA determines a starting price for the auction, which also represents the minimum bid, and an auction period within which the bids may be submitted. The bid is raised in whole euro amounts, whereby the highest bid can be exceeded as desired. The bidders are bound by their bids until the bidding ends. A bid may be increased at any time during the auction but cannot be reduced. The bidder will be informed about the current status of the auctions in their “wine cellar.”
12.4 The bid will be awarded to the highest bidder after the auction period has expired, or to the bidder whose bid has been received first in the case of several bids of the same amount. When there is a winning bidder, a purchase contract is concluded for which these General Terms and Conditions apply. The purchase price of the goods including sales tax is the highest bid, on the basis of which KSA awards the bid. The placing of products for auction by KSA means, in civil law, the request for an offer; the submission of bids by the bidder means making such an offer; and the awarding of the bid by KSA means acceptance of the offer. KSA reserves the right not to award a bid if none of the bids reach the minimum price set by KSA, which is not required to be disclosed to the bidders.
12.5 After the auction period has expired, KSA will notify the winning bidder via email of the award of the bid and place the auctioned (purchased) goods in their “wine cellar,” from which the bidder can retrieve the auctioned (purchased) goods. After retrieving their goods from their “wine cellar,” KSA will deliver the auctioned goods to the bidder and arrange for the payment of the purchase price using the credit card number provided. If retrieval from the “wine cellar” is not made within 10 days, the customer will be informed by KSA via email that the auctioned (purchased) goods will be sent to him after a 3-day period and the purchase price will be charged to the credit card. Delivery is made to the address provided by the customer upon registration. There are no delivery costs for the delivery of goods purchased from the auction.
13.1 The shipment and delivery of wine and spirits can only be made to persons over the age of 18. To comply with legal regulations, KSA is entitled to hand over goods only after presentation of official valid photo identification. In the event that there is justified refusal for handover, the customer is obligated to reimburse any losses incurred (e.g. delivery costs).
14.1 The buyer agrees that their personal data stated in the purchase contract and disclosed when registering will be stored and processed in compliance with the provisions of the Data Protection Act. To the extent necessary, this data is used to comply with legal regulations, to process payment transactions and for customer service purposes. As part of customer service, KSA’s data is not shared with other companies.
15.1 If individual provisions of the contract or these General Terms and Conditions are found to be invalid, this shall not invalidate the entire contract. The rest of the contract shall remain unchanged.
15.2 The place of performance for both KSA and the buyer is 8911 Admont.
15.3 Any disputes arising in connection with this contract shall be subject solely to the jurisdiction of the competent court in Admont. The language to be used in the contract matters, ordering and business dealings shall be German.
15.4 The contract is subject to Austrian law with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
15.5 Section 15.3 does not apply to transactions with consumers according to the Austrian Consumer Protection Act. Section 15.4 applies with the restriction that under the conditions of Article 6 of Regulation (EC) No 593/2008 of the European Parliament and the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), special consumer protection legal provisions of the state in which the consumer is habitually resident may take precedence over Austrian law.