eatgreek.at / Kurt Scharner
Mühling-Ahorngasse 2/11
3250 Wieselburg
VAT number: ATU75799824
1) Scope
1.1
These general terms and conditions (hereinafter “GTC”) of Eatgreek.at (hereinafter “seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “customer”) with the seller with regard to the seller in his Concludes the goods displayed in the online shop. The inclusion of the customer’s own conditions is hereby contradicted, unless otherwise agreed.
1.2.
The following contractual conditions apply to all business transactions between Eatgreek.at and its customers (clients), unless otherwise expressly agreed in writing. Other conditions or general terms and conditions of the customer (client) are not part of the contract, even if Eatgreek.at does not expressly contradict them. The offers in our webshop are non-binding and subject to change.
By placing the order, the customer agrees to the general terms and conditions
The contract is subject to Austrian law to the exclusion of the UN sales law.
1.3.
These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly stipulated.
2) Data protection
Eatgreek.at respects the customer’s privacy and strictly complies with all applicable data protection regulations. Personal data that Eatgreek.at collects or processes as part of customer registration and processing is only used by Eatgreek.at within the framework of the statutory provisions. Eatgreek.at uses the customer data exclusively to carry out the respective order. Eatgreek.at will not forward personal customer data to third parties without the express consent of the customer. This does not apply if Eatgreek.at is legally obliged to disclose data. With regard to prices and payment, in the absence of any deviating regulation, the prices valid at the time of the conclusion of the contract according to the price list of Eatgreek.at apply. All prices in our webshop include sales tax.
3) Conclusion of the contract
3.1
The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
3.2
The customer can submit the offer using the online order form integrated in the seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by phone, email or post.
3.3
The seller can accept the customer’s offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
3.4
If the payment method “PayPal” is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to PayPal- Terms of use, can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – under the terms and conditions for payments without a PayPal account at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal” as the payment method during the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the seller already declares the acceptance of the customer’s offer at the time
3.5
When submitting an offer via the seller’s online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after submitting his order, along with these terms and conditions. In addition, the text of the contract is archived on the seller’s website and can be accessed free of charge by the customer via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller’s online shop before submitting his order.
3.6
Before the binding submission of the order via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the representation on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
3.7
Only the German language is available for the conclusion of the contract.
3.8
The order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the e-mail address given by him to process the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3.9
When ordering alcoholic beverages, the customer confirms by submitting the order that he has reached the legally required minimum age and undertakes to ensure that either he or a person of legal age authorized by him is allowed to receive the goods.
4) Pricing
4.1
The prices apply ex warehouse without deduction. The buyer bears all expenses incurred by shipping, including any import or export taxes.
4.2
The prices stated in catalogs, brochures, price lists, etc. are always subject to change unless otherwise expressly stated in individual cases. The prices are non-binding for reorders. Typos or technical errors in pricing are possible. Eatgreek.at reserves the right to refuse orders that are based on an error in the pricing and to withdraw from the sales offer.
4.3
The prices are based on the costs at the time of the initial price offer. Should the costs change by the time of delivery, Eatgreek.at is entitled to adjust the prices accordingly.
4.4
Point 4.3 does not apply to transactions with consumers within the meaning of the Consumer Protection Act.
5) Contractual partner
Eatgreek.at only concludes contracts with natural persons with unlimited legal capacity who have reached the age of 18, or legal persons with their place of residence or registered office in Austria, Germany or Switzerland. By accepting our terms and conditions, you confirm that you are of legal age.
6) Right of withdrawal
6.1
Consumers generally have a right of withdrawal.
6.2
Right of withdrawal
Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last 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 (e.g. a letter sent by post or email to: [email protected]).
In order to meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will give you all payments that we have received from you, excluding delivery costs and administration fees, per same form of payment with which the order has been conductet (Paypal, creditcard, etc.). We can refuse the repayment until we have received the goods back. You must return or hand over 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. The deadline is met if you send the goods before the period of 14 days has expired.
You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of alcoholic beverages, the price of which was agreed upon when the contract was concluded, but which cannot be delivered earlier than 30 days from the conclusion of the contract and whose current value depends on fluctuations on the market over which the entrepreneur has no influence.
General information
Please avoid damage and contamination of the product. If possible, please send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide adequate protection against damage in transit.
Please do not send the goods back to us freight collect.
The Right of Withdrawal is not valid for products on sale and at for products at reduced price.
7) Prices and terms of payment
7.1
Unless otherwise stated in the seller’s product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise will be specified separately.
7.2
The payment option (s) will be communicated to the customer in the seller’s online shop.
7.3
If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
7.4
When paying using one of the payment methods offered by PayPal, payment is processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to PayPal – Terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – under the terms and conditions for payments without a PayPal account, can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full .
7.5 Terms of Payment
We offer prepayment and instant transfer. Unless a separate agreement has been made, payment of the invoice amount must be made within 8 days of the invoice date – without any deduction – to the account specified by Eatgreek.at.
8) late payment
If the client defaults on his payment obligations, Eatgreek.at is released from the performance for the period of default. In addition, the client owes Eatgreek.at interest on arrears in double the amount of the discount rate of Österr. National Bank in accordance with Section 48 (4) of the National Bank Act 1955 as well as the reimbursement of reminder fees and costs of extrajudicial prosecution of claims.
9) Delivery and shipping conditions
9.1
The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address given in the seller’s order processing is decisive.
9.2
If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of revocation, the provisions made in the seller’s instructions on revocation apply.
9.3
Shipping-Costs:
Austria and Germany: Flat rate € 8.90 for orders up to € 99.90, Free shipping for orders over € 99.90.
Belgium, Ireland, Netherlands, UK, France, Spain, Portugal, Malta, Cyprus: € 34,90 up to 10 kg.
Canada, USA, UAE, Saudi Arabia, Iceland, Israel: € 90,- up to 10 kg.
Norway, Finland, Denmark, Sweden, Estonia, Lithuania, Latvia: € 34,90 up to 10 kg.
Croatia Czech Republic, Hungary, Italy, Poland, Serbia, Romania, Slovenia: € 24,90 up to 4 kg.
Switzerland: € 49.90 for parcels up to 5 kg, € 84.90 for parcels up to 10 kg.
Costs for shipments above 10 kg must be paid by the buyer (e. g. if a shipment to Croatia is 14 kg and the costs are € 33,–, the difference – € 33,- minus € 24,90 = € 8,10 – needs to be paid by the buyer).
Note that any additional charges like customs, special country fees for import etc. must be paid by the buyer.
9. 4
Pickup is not possible for logistical reasons.
10) Warranty
10.1
Commitments by Eatgreek.at about the usability or special properties of the goods are personal opinions, therefore subjective, and therefore non-binding. Express assurances of certain properties are only valid if they are made in writing by the managing director of Eatgreek.at.
10.2
Warranty claims require that defects are reported to Eatgreek.at immediately, recognizable defects immediately, upon acceptance, hidden defects after discovery, and with presentation of the opened goods including cork or closure, and the original invoice. Compensation for legitimate claims is made by issuing a voucher.
10.3
A warranty claim is in any case limited to the invoice value of the delivered and defective goods.
10.4
Eatgreek.at fulfills warranty obligations either by delivery of defect-free goods, improvement, subsequent delivery of shortfalls or reversing the contract (ie issuing vouchers) within six weeks of the complaint.
10.5
Customary or minor, technical or age-related deviations in quality, quantity, color, size, weight, equipment or design do not constitute warranty defects or non-fulfillment of the contract.
10.6
Eatgreek.at is not liable for taste, color, material or pattern conformity or other characteristics of conformity of reordered goods. The same applies to goods ordered according to samples, provided that the deviation is within the customary and technical limits or is specified by the manufacturer.
10.7
In the case of ordered wines, delivery of the ordered vintages is only binding as long as the ordered products are available with the exact vintages. If the delivery can be made with wines of the following vintages, eatgreek.at is entitled to deliver these products, provided they are of equivalent quality according to the supplier’s information. In this case, there is no warranty claim or right of exchange.
10.8
After tasting, consuming or starting processing or processing the goods, any warranty is excluded. Goods on sale and goods that are heavily promoted or discounted are also excluded from the warranty and exchange.
10.9
The warranty period is six months from the time of the agreed transfer of risk.
10.10
After the transfer of risk to the customer, broken glass in particular does not constitute a reason for the customer to assert warranty claims.
11/10
For transactions with consumers within the meaning of the Consumer Protection Act, instead of items 6.1 to 6.4, the customer can, at his discretion, request an appropriate price reduction, reasonable improvement or replacement of the missing goods or replacement of the goods.
11) Limitation of liability, no product liability, risk warning
11.1
Eatgreek.at is only liable for damage in the event of intent or gross negligence, with the exception of damage to the person.
11.2
Compensation for (defect) consequential damage, other property damage, financial loss and damage from third party claims against the buyer is excluded.
11.3
Item 11.2 does not apply to transactions with consumers within the meaning of the Consumer Protection Act.
11.4
Eatgreek.at is not liable for damage or loss caused by commissioned delivery or parcel services.
11.5
No product liability from Eatgreek.at as a mere dealer:
Furthermore, any liability under the Product Liability Act for damage to property belonging to the buyer, if the buyer is an entrepreneur, is mutually excluded. In the event that the goods are resold or otherwise passed on, regardless of whether they were processed or processed before further processing, the buyer is obliged to agree an identical exemption clause in accordance with Section 9 of the Product Liability Act with his own customer, if he is an entrepreneur to oblige to stipulate identical contractual conditions with any customer, otherwise any liability or recourse to us in the event of damage is excluded according to the rules of the Product Liability Act.
12) Change of year
If the ordered vintage of a wine is no longer available in the quantity ordered, the customer agrees to accept a different vintage.
13) Retention of title
If the seller makes an advance payment, he retains ownership of the goods delivered until the purchase price owed has been paid in full.
14) Applicable Law
The law of the Republic of Austria applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods.
15) Data protection clause, Google, cookies, newsletter
15.1
We process, save and use the personal data that you provide to us (such as name, address, date of birth or e-mail addresses) for the purpose of automatic contract processing in a participant registration list for tastings or festivities organized by us. A transfer of data to outsiders only takes place if this is necessary for the execution of the contract.
15.2
If we receive your e-mail address in connection with the sale of a product or service and you have not objected, we reserve the right to regularly send you offers for similar products or services by e-mail ( Email newsletter). You can object to this use of your e-mail address at any time by sending a message to the contact option described below (in particular by e-mail to [email protected]), or via a link provided in the advertising e-mail, without this this will incur costs for you.
15.3 Web analysis with Google (Universal) Analytics:
This website uses Google (Universal) Analytics, a web analysis service from Google Inc. (www.google.de). Google (Universal) Analytics uses methods that enable your use of the website to be analyzed, such as so-called “cookies”, text files that are stored on your computer. The information generated about your use of this website is usually transferred to a Google server in the USA and stored there. By activating the IP anonymization on this website, the IP address is shortened before transmission within the member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The full IP address will only be sent to a Google server in the USA and shortened there in exceptional cases. The anonymized IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You can prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by downloading and installing the browser plug-in available under the following link : http://tools.google.com/dlpage/gaoptout?hl=de As an alternative to the browser plug-in, you can click this link to prevent Google Analytics from collecting data on this website in the future. An opt-out cookie is then placed on your device. If you delete your cookies, you will have to click the link again.
15.4 Use of Facebook social plugins
Our website uses so-called social plugins (“plugins”) from the social network Facebook, operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). The plug-ins are marked with a Facebook logo or the addition “Social plug-in from Facebook” or “Facebook social plug-in”. You can find an overview of the Facebook plugins and their appearance here: https://developers.facebook.com/docs/plugins If you call up a page on our website that contains such a plugin, your browser connects directly to the servers of Facebook here. The content of the plugin is transmitted directly from Facebook to your browser and integrated into the page. Through this integration, Facebook receives the information that your browser has called up the corresponding page of our website, even if you do not have a Facebook profile or are not currently logged into Facebook. This information (including your IP address) is sent directly from your browser to a Facebook server in the USA and stored there.
If you are logged in to Facebook, Facebook can immediately assign your visit to our website to your Facebook profile. If you interact with the plugins, for example press the “Like” button or leave a comment, this information is also transmitted directly to a Facebook server and stored there. The information is also published on your Facebook profile and shown to your Facebook friends.
The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as your related rights and setting options to protect your privacy can be found in Facebook’s data protection information: http://www.facebook.com/policy.php
If you do not want Facebook to assign the data collected via our website directly to your Facebook profile, you must log out of Facebook before visiting our website. You can also completely prevent the loading of the Facebook plugins with add-ons for your browser, eg with the “Facebook Blocker” ( http://webgraph.com/resources/facebookblocker/ ).
15.5. Online platform for dispute resolution / information in accordance with Section 19 (3) AStG
The European Commission provides a platform for online dispute resolution, which you can find at http://ec.europa.eu/consumers/odr . Consumers have the opportunity to use this platform to settle their disputes.
According to § 19 Abs. 3 AStG, Eatgreek.at has to inform the consumer, if he cannot reach an agreement with him in a dispute, on paper or another permanent data carrier (e.g. e-mail) to the competent authority for alternative dispute resolution. For online business these are:
http://www.ombudsmann.at http://www.vergleichungerschlichtung.or.at
Eatgreek.at declares that – as long as there is no mandatory legal obligation – does not take part in an alternative dispute settlement procedure before the responsible alternative dispute settlement bodies.
16) Applicable law, place of performance, place of jurisdiction
Austrian law applies. The place of performance for deliveries and payments is Scheibbs. The place of jurisdiction for all disputes arising directly or indirectly from the contract is the relevant court in Scheibbs.
17) Avoidance of purchase contract
The contestation of the purchase contract due to errors is excluded. In the event that the buyer is an entrepreneur, the assertion of the shortening over half (laesio enormis) is excluded.
