Allgemeine Geschäftsbedingungen (AGB)

1. General

These general terms and conditions (hereinafter referred to as "GTC") apply to all contracts that are concluded via the online shop www.superwine.shop between Superwine GmbH and customers who are consumers.

A consumer is any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their independent professional activity.

2. Recognition of the terms and conditions

The customer accepts these terms and conditions and agrees to them as soon as he places an order. The contractual partners agree on the application of Austrian law. If the consumer has his domicile or his usual place of residence in Germany or if he is employed in Germany, the jurisdiction of the court can only be established for an action against him in the district where the place of residence, the usual place of residence or the place of employment is located; this does not apply to legal disputes that have already arisen.

3. Defense clause

The inclusion of general terms and conditions or contractual conditions of the customer that deviate from these terms and conditions will be rejected, unless these are expressly recognized by Superwine GmbH.

4. Conclusion of the contract

4.1. The product presentation on the website does not constitute an offer in the legal sense. It is an invitation to the customer to submit an offer himself. The customer submits the offer in the legal sense by placing the order. The confirmation of the receipt of the order takes place together with the acceptance of the order immediately after despatch by an automated e-mail. With this e-mail confirmation, the purchase contract is concluded.

4.2. In the overview of the selection of the online shop www.superwine.shop, the customer can select the desired product(s) by clicking on the button "Add to shopping cart". The selected goods are temporarily stored in the shopping cart during the customer's visit to the website www.superwine.shop. The ordering process is continued by clicking on the “Proceed to checkout” button next to the goods listed in the shopping cart. On the next page, the customer is asked to log in to the online shop, provided they already have an account, or to register again. An order as a guest customer is also possible. The customer then selects the delivery location he has chosen and the payment method he wishes to use and enters the data required for the execution of the payment and delivery. When choosing external payment services such as PayPal, Klarna, Sofortüberweisung, the customer is redirected to the external website of the respective payment service provider. Before the order is submitted, the data relevant to the order are summarized in an "order overview". The customer is free to check his details in the order overview again and, if necessary, to correct them before sending his order to Superwine GmbH by clicking on the "Send & Pay" button. By clicking on the "Send & Pay" button, the customer submits a binding purchase offer for the goods he has selected.

4.3. After receipt of the order, Superwine GmbH sends a notification e-mail to the e-mail address provided by the customer, in which the receipt of the order is confirmed and its content is reproduced (hereinafter referred to as "order confirmation"). If Superwine GmbH refuses to conclude the contract, the customer will be informed immediately by email.

5. Storage of the contract text

The contract text, i.e. the customer's information on the order process, is saved by Superwine GmbH and can be viewed by the customer under the link “My Account” and “My Orders”. Regardless of this, Superwine GmbH sends an order confirmation and these terms and conditions to the email address provided by the customer.

6. Right of withdrawal / right of withdrawal

You can return the received goods without giving a reason within 14 days by sending them back. You can find information on returns here. Furthermore, we grant you an extended right of return of 16 days. You have 30 days to return the goods.

Right of withdrawal

The following cancellation policy applies to contracts for goods that can be sent as a package with the post office or another shipping service provider.

Right of withdrawal for goods that can be sent as parcels

As a consumer, you have the right to withdraw from this contract within 14 days without giving any reason. The statutory cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, last took possession of the goods. Furthermore, we grant you an extended right of return of 16 days from this time. You have 30 days to return the goods.

In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (for example a letter sent by post or email).

You can use our sample withdrawal sample withdrawal form for this, but this is not absolutely necessary. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of the withdrawal

If you withdraw from this contract, we instruct all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us), to be repaid immediately and at the latest within 14 days from the day on which we received notification of your cancellation of the contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you. In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the returned goodsor until you have provided evidence that you have sent the goods back, whichever is earlier.

You only have to pay for any loss in value of the goods if this loss in value is due to any handling of the goods that was not necessary to check the nature, properties and functionality of the goods.

Please send the goods to us immediately and in any case no later than 14 days from the date on which you informed us of the cancellation of this contract.

Superwine GmbH

Arsenal, Objekt 1/3

1030 Wien

AT

is the return address. The deadline is met if you send the goods before the period of 14 days has expired.

Returns from the following countries are free of charge:

Austria, Germany, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, Ireland, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Great Britain, Cyprus.

Returns from Italy, Switzerland and the rest of the countries not listed above must be paid for by yourself.

You can find detailed information on the subject of returns here. hier.

The right of withdrawal does not apply to the following contracts:

The consumer has no right of withdrawal from distance or off-premises contracts

• Services, if the company - on the basis of an express request by the consumer according to § 10 FAGG as well as a confirmation of the consumer's knowledge of the loss of the right of withdrawal in the event of complete fulfillment of the contract - had started to perform the service before the expiry of the withdrawal period according to § 11 FAGG and the service has then been fully provided,,
• Goods or services, the price of which depends on fluctuations in the financial market over which the company has no influence and which can occur within the withdrawal period,
• Goods that are manufactured according to customer specifications or are clearly tailored to personal needs,
• Goods that can spoil quickly or whose use-by date would be exceeded quickly,
• Goods that are delivered sealed and are unsuitable for return for reasons of health or hygiene, provided that the seal has been removed after delivery,
• Goods which, due to their nature, were inseparably mixed with other goods after delivery,
• Alcoholic beverages, the price of which was agreed when the contract was concluded, but which cannot be delivered earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence,
• Sound or video recordings or computer software that are delivered in a sealed package, provided that the seal has been removed after delivery,
• Books, newspapers, magazines or magazines with the exception of subscription contracts for the delivery of such publications,
• Goods that have been intentionally or unintentionally damaged due to improper use. In the event of transport damage, please contact us immediately.
• Technical devices are subject to the manufacturer's guarantee. The return is sometimes processed directly with the manufacturer.
• We will only accept products that are returned due to an allergic reaction or intolerance if the allergen is not shown in the product description.
• The delivery of digital content not stored on a physical data carrier, if the company - with the express consent of the consumer, combined with his knowledge of the loss of the right to withdraw from the contract if the contract begins prematurely, and after providing a copy or confirmation in accordance with Section 5 (2) or Section 7 (3) FAGG - has started delivery before the withdrawal period according to Section 11 FAGG has expired.
• Furthermore, the consumer has no right to withdraw from contracts for urgent repair or maintenance work, for which the consumer has expressly requested the company to visit him to carry out this work. If the company provides additional services during such a visit that the consumer has not expressly requested, or if he delivers goods that are not necessarily required as spare parts for maintenance or repair, the consumer has the right to withdraw from these additional services or goods.

Click hereto download a sample withdrawal form.

End of revocation

7. Prices

1. All product prices are total prices; they contain the statutory sales tax (value added tax).
2. Price errors reserved. If the correct price is higher, the customer will be contacted; in this case, a contract is only concluded if the customer wants to buy at the actual price. If the correct price is lower, this price will be calculated.

8. Shipping costs

1. In addition to the stated product prices, there are also shipping costs. From a certain order value, these do not apply. You can find out more about the shipping costs and the threshold value in the offer. The applicable sales tax is included in the shipping costs..
2. When paying by cash on delivery, the cash on delivery fee must also be paid. This is not billed to the customer, he has to pay it directly to the deliverer.

9. Terms of delivery

1. Unless otherwise agreed, delivery will be made to the address specified by the customer. We also deliver to packing stations.
2. The expected delivery time is directly specified in the shopping cart. When paying in advance, the delivery period begins one day after receipt of the amount in the Superwine GmbH bank account. In the case of payment by cash on delivery or purchase on account, the delivery period begins one day after the day on which the contract is concluded. In other cases, the delivery period begins one day after receipt of the order.
3. Superwine GmbH bears no responsibility in the event of delivery obstacles in the area of suppliers or manufacturers. If delivery or compliance with an agreed delivery time becomes impossible due to circumstances for which Superwine GmbH is not responsible, Superwine GmbH is entitled to withdraw from the contract in whole or in part. Superwine GmbH will immediately inform the customer of this. Claims for damages are excluded in this case. The customer will be informed about existing delivery restrictions before the start of the ordering process.

10. Due date and retention of title

1. The purchase price is due at the latest when the goods are delivered.
2. The delivered goods remain the property of Superwine GmbH until they have been paid for in full.

11. Terms of payment

Superwine GmbH accepts the payment methods listed here.

• When paying in advance, the customer transfers the invoice amount to the account of Superwine GmbH within 14 days of the conclusion of the contract (bank details can be seen in the order confirmation and in the imprint). The dispatch takes place only after receipt of payment.

• When paying by cash on delivery, the customer pays the cash on delivery fee directly to the deliverer. The amount of the cash on delivery fee depends on the country of delivery. You will be informed of the costs before the order is placed.

• If you pay by credit card, your credit card will be charged after you have placed your order. This also happens immediately if we do not have the goods in stock and can only send them in a few days. 
• PayPal - You pay the invoice amount via the online provider PayPal. You must be registered there or register first. After legitimation with the access data, you can confirm the payment order to us. You'll get more information during the ordering process. Information on PayPal's data protection can be found here.hier.

In cooperation with Klarna Bank AB, Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:

• Immediately: Available in Germany, the Netherlands and Austria. Your account will be debited immediately after you have placed your order.

The use of the payment methods invoice, hire purchase and direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use can be found here hier. General information about Klarna is available here. Your personal details will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations.

If an effective sales contract is concluded between you and us when using a Klarna payment method, we assign our payment claim to Klarna.

12. Warranty

1. Unless otherwise specified, the general statutory provisions apply.
2. The warranty is excluded for defects caused by the customer. This is particularly the case with improper handling, incorrect operation or unauthorized repair attempts.
3. The shortened limitation period does not apply to damage caused by a grossly negligent breach of duty by Superwine GmbH or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Superwine GmbH. The shortened limitation period also does not apply to claims for damages due to the negligent or willful breach of essential contractual obligations. Essential contractual obligations are obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance of which the customer can regularly rely.
4. If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible. Failure to make a complaint or contact us has no consequences for the statutory warranty claims of consumers and is only used to support the provider in asserting his claims against the company commissioned with the delivery of the goods or the insurance company.
5. Insofar as a manufacturer's guarantee exists, the customer must assert the claims arising from this directly against the manufacturer. The liability of Superwine GmbH from the guarantee is excluded.

13. Disclaimer of Liability

1. Claims for damages by the customer against Superwine GmbH are excluded unless Superwine GmbH or its vicarious agents have acted willfully or with gross negligence.
2. Liability for damage to life, body and health, for negligent or willful breach of essential contractual obligations or to the extent that liability is mandatory under the Product Liability Act or due to negligence when concluding the contract or due to other breaches of duty or tortious claims for compensation for property damage remains unaffected. Essential contractual obligations are obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance of which the customer can regularly rely.

14. Right of offset, right of retention

1. The customer is not entitled to offset against our claims unless the customer's counterclaims have been legally established or are undisputed. The customer is also entitled to offset against our claims if he asserts notices of defects or counterclaims from the same purchase contract.
2. The customer may only exercise a right of retention if his counterclaim is based on the same sales contract.

15. Data protection

Data protection provisions are contained in the data protection declaration.

16. Protection of minors

The sale of alcohol to young people under the age of 18 is prohibited by law. Our offers regarding alcohol are therefore aimed exclusively at adults. With your order, you assure us that the recipient of the goods is older than 18 years.

17.Changes to the general terms and conditions / reservation of the right to make changes

We are entitled to unilaterally change these general terms and conditions, insofar as this is necessary to remove equivalence disruptions that subsequently arise or to adapt to changed legal or technical framework conditions. We will inform the customer of a change by sending the content of the changed regulations to the last known e-mail address of the customer. The change becomes part of the contract if the customer does not object to the inclusion in the contractual relationship in writing or in text form within six weeks after receipt of the notification of change.

18. Severability Clause

If a provision of these general terms and conditions should be ineffective, the effectiveness of the remaining provisions will not be affected.

19. Contract language

The language available for the conclusion of the contract is German.

20. Contract Law

Austrian law is applied to the contractual relationship.

21. Arbitration Board and Online Dispute Resolution

In the event of a dispute, we undertake to participate in the arbitration procedure of the Internet Ombudsman  https://ombudsmann.at/

If you have any problems, you can submit a complaint via this platform and have it processed by an independent dispute settlement body: https://ec.europa.eu/consumers/odr

Our email address: : drink@superwine.shop