General terms & conditions
§ 1 VALIDITY, DEFINITION OF TERMS
(1) Ginerei e.U., Herzog Odilo Straße 31, 5310 Mondsee, Austria (hereinafter referred to as “we” or “THE GIN”) operates an online shop for goods at the website https://the-gin.at. The general terms & conditions below shall apply to all services between us and our customers (hereinafter referred to as “customer” or “you”) according to the valid version at the time of order unless explicitly agreed otherwise.
(2) A “consumer” in the context of these terms & conditions is any natural person who concludes a legal transaction for a purpose that predominantly cannot be attributed to their commercial or independent professional activity. An “entrepreneur” is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity, in which a partnership with legal capacity is a capacity equipped with the ability to acquire rights and to incur liabilities.
§ 2 CONCLUSION OF CONTRACTS, RETENTION OF CONTRACT TEXT
(1) The following regulations on the conclusion of contracts shall apply to orders placed via our online shop at https://the-gin.at.
(2) Our product presentations on the internet are non-binding and not a binding offer for the conclusion of a contract.
(3) The following regulations shall apply upon receipt of an order in our online shop: The consumer submits a binding contractual offer by successfully completing the order procedure provided for in our online shop. The order is placed in the following steps:
- Selection of the desired goods,
- Adding the products by clicking the appropriate button (e.g. “Add to shopping basket”, “Add to shopping bag” or similar),
- Checking the details in the shopping basket,
- Retrieving the order overview by clicking the appropriate button (e.g. “to checkout”, “to payment”, “to order overview” or similar),
- Input/check of the address and contact data, selection of payment method, confirmation of the terms & conditions and the information on the right of revocation,
- Completion of order by clicking the button “Buy now”. This constitutes your binding order.
- The contract shall be concluded by receiving an order confirmation to your stated email address within three working days.
(4) In the event that a contract is concluded, the contract shall be concluded with Ginerei e.U., Herzog Odilo Straße 31, 5310 Mondsee, Austria.
(5) Before placing an order, the contract data can be printed or electronically saved using the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms & conditions and the revocation information, shall be carried out by email after you have placed the order, partially automatically. We shall not store the contract text after conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. “back button” of the browser). They can also be corrected by prematurely cancelling the order process, closing the browser window and repeating the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be partially automated by email. You must therefore ensure that the email address you have provided us with is correct, that the receipt of the emails is technically feasible and, in particular, is not hindered by SPAM filters.
§ 3 SUBJECT MATTER OF THE CONTRACT AND ESSENTIAL FEATURES OF THE PRODUCTS
(1) The subject matter of the contract in our online shop is:
- The sale of goods. You can find the specific goods offered on our article pages.
(2) The essential features of the goods and services can be found in the description of the article.
(3) The sale of digital products is subject to the restrictions apparent from the product description or otherwise resulting from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject of the contract shall be limited to the private and commercial use of the products without the right to resell or sub-license.
§ 4 PRICES, SHIPPING COSTS AND DELIVERY
(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price must be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a button designated for this purpose in the online shop or in the respective offer. Unless otherwise indicated for the individual payment methods, payment claims shall be due immediately.
(3) The minimum order value is 48 € and the maximum order value is 288 € for this payment method.
(4) In addition to the indicated prices, shipping costs may be incurred for the delivery of products, unless the respective article is designated as being exempt from shipping costs. The shipping costs shall be clearly indicated in the offers, in the shopping basket system (if applicable) and on the order overview.
(5) All offered products are ready for dispatch immediately (delivery time: three to five working days after receipt of payment / after receipt of order in case of purchase on account), unless clearly stated otherwise in the product description.
(6) The following delivery area restrictions shall apply: Delivery to the following countries: Germany, Austria.
§ 5 RIGHT OF RETENTION, RESERVATION OF TITLE
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
§ 6 RIGHT OF REVOCATION
As a consumer, you have a right of revocation. This is in line with our information on the right of revocation.
§ 7 LIABILITY
(1) Subject to the following exceptions, our liability for contractual breaches of duty and tort shall be limited to intent or gross negligence.
(2) In the event of slight negligence, we shall have unlimited liability in the event of injury to life, limb or health, or in the event of breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for material damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract. An essential contractual obligation is one whose fulfilment makes the proper execution of the contract possible in the first place, whose violation endangers the achievement of the purpose of the contract and on whose observance you may rely as a rule. This includes, in particular, our obligation to take action and to perform the contractually owed service, which is described in section 3.
§ 8 CONTRACT LANGUAGE
Only German is available as the contract language.
§ 9 WARRANTY
(1) The warranty shall be governed by the statutory provisions.
(2) The warranty period for goods delivered to entrepreneurs shall be 12 months.
(3) As a consumer, you are requested to, without delay, check the items/digital goods or the service provided for completeness, obvious defects and transport damage upon fulfilment of the contract and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall, of course, have no effect on your statutory warranty claims.
§ 10 YOUTH PROTECTION
(1) The delivery of spirits may only be made to persons over the age of 18. To comply with the statutory provisions, Ginerei e.U. shall be entitled to transfer goods only after legitimation by an official photo ID. In the event of legitimate refusal of surrender, the customer shall be entitled to reimbursement of the damage actually incurred (e.g. cost of delivery).
(2) By placing the order, the customer shall provide assurance that they or the recipient of the goods is over 18.
§ 11 FINAL PROVISIONS
(1) Austrian law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country of the consumer’s habitual residence is not thereby withdrawn (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly shall not apply.
(3) In the event that the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the registered office of the provider.