General Terms and Conditions

1. Scope of Application

The following general terms and conditions (Terms and Conditions) apply to all business relationships between Weingut Christoph Donabaum u. Mitges. GesbR. (hereinafter referred to as “Weingut Christoph Donabaum”) and the customer for all transactions conducted in any manner whatsoever—whether in person, at a distance, or by any other means, in particular via the website of Weingut Christoph Donabaum (www.weindonabaum.at) and any web shop established therein.
In particular, but not exclusively, these are the rights and obligations of Weingut Christoph Donabaum in connection with contracts concluded via its website and the web shop located there.
These Terms and Conditions apply exclusively. The version valid at the time of conclusion of the contract shall be decisive. By placing an order, the customer agrees to these General Terms and Conditions and is bound by them. These Terms and Conditions also apply to future orders placed by the customer, even if they are not expressly agreed upon again.
Deviating, conflicting, or supplementary general terms and conditions shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing.

2. Customer Base

Customers within the meaning of these General Terms and Conditions are consumers or businesses. Where these General Terms and Conditions refer to consumers, these are natural and legal persons for whom the purpose of the order cannot be attributed to a commercial, self-employed, or pre-professional activity, i.e., a transaction does not belong to the operation of their business. The distinction between consumer and business is made within the meaning of the Austrian Consumer Protection Act (KSchG).
Weingut Christoph Donabaum directs its services and goods exclusively to Austria and Germany, and therefore also to customers whose residence or registered office is located in Austria or Germany. Notwithstanding this, there is a fundamental possibility to order from other member states due to the Geo-blocking Regulation.

3. Subject Matter of Performance

Essentially, Weingut Christoph Donabaum offers the sale of food and goods from its agricultural operation.
All offers from Weingut Christoph Donabaum are non-binding; in particular, the presentation of activities and offers on the website or in the web shop does not constitute a binding offer from Weingut Christoph Donabaum, and any photographs or illustrations may be symbolic images; they merely serve as an invitation to make an offer. The customer accepts minor and objectively justified changes.
The exact scope of the subject matter of performance by Weingut Christoph Donabaum is derived from the main contract and the description of the respective products on the website and/or web shop.

4. Conclusion of Contract

Contracting parties who have not yet reached the age of 18 require the consent of their legal representative for a valid order. The persons acting on behalf of the contracting party have reached the age of 18. The customer assures that in the event of any ordering processes, the persons initiating and completing them have the necessary authorizations or powers of attorney to do so. If necessary—particularly in the sale of alcoholic goods—verification may also be carried out by entering the date of birth, submitting a copy of an identity document, or performing a (technical) age verification.
When making a purchase in the web shop, the customer has selected the goods intended for purchase. After entering personal data and selecting payment and shipping conditions, the order data is displayed again in a clear manner. By submitting the order via the “Place Order” button, the customer legally bindingly submits their offer.
Weingut Christoph Donabaum confirms receipt of the order by email to the email address provided by the customer. This confirmation merely serves as proof of successful receipt of the order and does not yet constitute acceptance of the order. Weingut Christoph Donabaum is entitled to accept the offer within three working days of receipt. This acceptance is made by sending a written order confirmation by email to the email address provided by the customer.
Other contract conclusions (outside the web shop) between Weingut Christoph Donabaum and the customer are made via separate (possibly also electronic) contact by the customer to Weingut Christoph Donabaum, but not automatically via the website. Weingut Christoph Donabaum is entitled to accept an offer within three working days of receipt. This acceptance is made by sending a written order confirmation by email to the email address provided by the customer. The contract text is stored by Weingut Christoph Donabaum and sent to the customer together with access to the legally incorporated Terms and Conditions by email after conclusion of the contract.
With regard to the aforementioned and generally any email communication, the recipient must ensure deliverability to the specified email address. Emails to this address are deemed to have been received in any case, even if they end up in the spam folder or a full mailbox.

5. Prices and Payment Terms

Price:

The prices offered by Weingut Christoph Donabaum are in EUR per unit for the respective stated period and are valid until revoked. Prices are subject to change; the price includes statutory VAT.
Despite the greatest efforts, a few products in the web shop or catalog may be displayed with an incorrect price. When processing the order, the prices are also checked. If there is an error in pricing and the correct price is higher than the price on the website, the customer will be contacted before order confirmation and before shipment of the goods to determine whether they wish to purchase the product at the correct price or cancel. If the correct price of the goods is lower than the price stated on the website, the correct lower price will be recorded in the order confirmation and only this amount will be charged.
Costs for packaging and shipping are charged separately and shown as a separate item in the order. These are deemed approved by the customer with the order in terms of content and amount. The prices valid at the time of ordering are always decisive.
In the case of order value-based calculation of shipping costs, including free shipping promised at a certain order value, only the goods actually remaining with the customer are used to calculate delivery costs. In the case of partial withdrawals, additional charges for outbound shipping costs may therefore apply.
Weingut Christoph Donabaum is entitled to charge statutory default interest; if the customer is a business, the default interest for business transactions applies. If the customer does not pay the amount owed after being given a reasonable grace period, Weingut Christoph Donabaum has the right to withdraw from the contract and/or claim damages instead of performance.
The customer undertakes to bear all necessary costs associated with the collection of the claim for appropriate extrajudicial collection and recovery measures, insofar as these are in reasonable proportion to the claim being collected. In the event of default by the customer, incoming payments will be applied first to the costs caused by enforcement of extrajudicial, including debt collection and legal reminder activity and of a judicial nature, then to the interest accrued to date, and only then to the principal.
If the customer has several obligations to Weingut Christoph Donabaum, incoming payments will be applied in the manner stated above to those arrears that have remained outstanding the longest. The assertion of further damages is reserved. Weingut Christoph Donabaum is entitled to offset incoming payments against claims from this or other contracts.

Payment Terms:

The customer can choose from the payment methods offered by Weingut Christoph Donabaum. With the “Advance Payment” option, delivery of the goods takes place only after receipt of the amount in the bank account specified by Weingut Christoph Donabaum. With the invoice option, the customer undertakes to pay the price no later than 14 days after receipt of the invoice. After expiry of this period, the customer is in default of payment. For the payment method by credit card (VISA, Mastercard, MAESTRO) available in the web shop, payment is due immediately.
All payment transactions carried out with technical support are conducted via an SSL connection. The customer, if a consumer, can reverse their payment until the payment summary is displayed and the payment data is confirmed. Weingut Christoph Donabaum reserves the right to exclude individual payment methods after a credit check.

6. Delivery

The delivery conditions, delivery date, and any existing delivery restrictions can be found under an appropriately labeled button on the website or web shop of Weingut Christoph Donabaum or in the respective offer.
Unless otherwise agreed, delivery takes place within 14 days after receipt of the full purchase price including shipping costs and taxes to the delivery address specified by the customer in accordance with the delivery conditions. Delivery is made via a delivery service commissioned by Weingut Christoph Donaum (e.g., DPD). Partial delivery within this period is permitted. If Weingut Christoph Donabaum exceeds the delivery period, the customer may set a reasonable grace period in writing of at least the duration of the originally stated delivery period and withdraw from the contract if this period is exceeded.
The occurrence of events not attributable to Weingut Christoph Donabaum, such as force majeure (including epidemics and pandemics), strikes, lockouts, production failures at suppliers, or the like, suspends the expiry of delivery periods for the duration of this event. If the aforementioned circumstances make delivery impossible or unreasonable for Weingut Christoph Donabaum, Weingut Christoph Donabaum will be released from the delivery obligation in the sense of an amicable termination of the contract, without the customer being able to derive any claims against Weingut Christoph Donabaum from this, on whatever legal grounds. Weingut Christoph Donabaum will notify the customer of this without delay.
The risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover to the customer or to the carrier. Handover is equivalent to the customer being in default of acceptance.
In the case of returns, the customer as sender bears the risk of accidental loss and accidental deterioration of the goods until handover to Weingut Christoph Donabaum. The customer also bears the costs of return.

7. Retention of Title / Right of Retention

The goods remain the property of Weingut Christoph Donabaum until full payment of the purchase price. The customer undertakes to keep the purchased item free of third-party rights until full payment, in particular not to resell, pledge, or give the purchased item to third parties as security.
The customer is not permitted to process or work on the goods or to consume them (e.g., in the case of food) during the retention of title. The customer is obliged to treat the goods with care during the existence of the retention of title. The customer must inform Weingut Christoph Donabaum immediately in writing of all third-party access to the reserved goods, in particular of enforcement measures, as well as of any damage to or destruction of the reserved goods. The customer must notify Weingut Christoph Donabaum immediately of any change of possession of the reserved goods and of any change of address provided.
The customer must compensate Weingut Christoph Donabaum for all damages and costs arising from a breach of obligations and from necessary intervention measures against third-party access to the goods.
If the customer is a business, the following additionally applies: Weingut Christoph Donabaum reserves ownership of the goods until all claims from the ongoing business relationship have been fully settled. Prior to transfer of ownership of the reserved goods, pledging or transfer of ownership as security is not permitted. The customer may resell the goods in the ordinary course of business. In this case, the customer hereby assigns to Weingut Christoph Donabaum all claims in the amount of the invoice amount arising from the resale, and Weingut Christoph Donabaum accepts this assignment. The customer remains authorized to collect the claim. However, insofar as the customer does not properly meet their payment obligations, Weingut Christoph Donabaum reserves the right to collect the claim itself. In the event of combination and mixing of the reserved goods, Weingut Christoph Donabaum acquires co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
The customer may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

8. Withdrawal from Contract / Right of Withdrawal

If the customer is a consumer within the meaning of the Consumer Protection Act and has placed their order by telephone, email, or via the online web shop, the customer may withdraw from this contract within fourteen days without giving reasons. To comply with the withdrawal period, it is sufficient for the customer to send the notification of exercise before the expiry of the withdrawal period.
The customer receives a refund of the purchase price already paid upon return of the goods, but must bear the costs of return. If the goods are returned carriage forward, Weingut Christoph Donabaum is entitled to withhold or invoice a corresponding amount. The goods must be returned in their original packaging exclusively to the address of Weingut Christoph Donabaum. For items affected by signs of use, we will charge an appropriate amount for the reduction in value. The same applies if parts are missing when the goods are returned.
The right of withdrawal does not exist for deliveries of goods that are manufactured according to customer specifications or are clearly tailored to personal needs. Goods that, after delivery, have been inseparably mixed with other goods due to their nature, as well as goods that can spoil quickly or whose expiry date would be quickly exceeded, are excluded from the right of withdrawal. Goods that are not suitable for return for hygiene and health protection reasons if they are delivered sealed and the customer has removed the seal (e.g., food) cannot be returned. Also excluded from returns are alcoholic beverages whose price was agreed upon at the time of conclusion of the contract but which cannot be delivered earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which Weingut Christoph Donabaum has no influence (e.g., also conceivable for deliveries of wine). Deliveries of food, beverages, or other household items for daily use that are delivered by Weingut Christoph Donabaum as part of frequent and regular trips to the consumer’s home, place of residence, or workplace are not subject to the right of withdrawal.
Each contracting party is entitled to declare immediate withdrawal from the contract if insolvency proceedings have been opened over the assets of the other contracting party or if the opening has been rejected due to insufficient assets. Another reason for immediate withdrawal from the contract is if the other contracting party has taken actions to cause damage to the contracting party with fraudulent intent, in particular if they have made disadvantageous agreements with other businesses that violate good morals or the principle of competition, or have directly or indirectly promised or granted advantages contrary to good morals to organs of the contracting party involved in the conclusion or execution of the contract, or have directly threatened or inflicted disadvantages.
Weingut Christoph Donabaum is furthermore entitled to withdraw:
1. If the customer is in default with the total performance or partial performances or total payments or partial payments and, after a reminder, does not fully provide the contractual performance within a grace period of 14 calendar days.
2. If the customer does not fulfill other obligations and ancillary services under the contract despite a reminder and grace period.
3. If circumstances exist that obviously make proper fulfillment of the order impossible, insofar as the customer is responsible for this.
4. If Weingut Christoph Donabaum demands a change to individual order provisions or the performance and the customer does not agree to this change without objective justification.
The right to withdraw expires 30 days after the time at which the other contracting party became aware of the existence of the facts entitling withdrawal.
Withdrawal from the contract must be declared in writing by registered mail or by email (in the case of Weingut Christoph Donabaum to the email address stated in the imprint) to the other contracting party.
Consequences of withdrawal from the contract:
1. If not already done, all services provided in accordance with the contract must be accepted, invoiced, and settled. The customer is obliged to immediately make all declarations and take all actions that are necessary and/or useful for the assertion of the separation or segregation rights of Weingut Christoph Donabaum with regard to all documents, provided equipment, materials, and other documents.
2. The termination of this contract has no effect on the rights of the parties that have arisen up to that point and on the other legal remedies or rights available to the parties under this contract or under general law.
3. In the event of contract withdrawal pursuant to 8.4. or 8.5., Weingut Christoph Donabaum has the choice to claim flat-rate damages in the amount of 50% of the invoice amount or the actual damage incurred.
4. If the customer withdraws from the contract without being entitled to do so or requests its cancellation, Weingut Christoph Donabaum has the choice to insist on fulfillment of the contract or to agree to the cancellation of the contract. In the latter case, the customer is obliged, at the choice of Weingut Christoph Donabaum, to either pay flat-rate damages in the amount of 50% of the invoice amount or to compensate for the actual damage incurred.

9. Warranty and Assurances

The statutory warranty rights apply. However, it is pointed out that, particularly in the case of food, usual or minor deviations with regard to quality, expected taste, color, etc.—for example, for technical reasons—do not constitute a defect in the legal sense.
Weingut Christoph Donabaum does not provide a guarantee in the legal sense to the customer. Manufacturer guarantees remain unaffected by this.
If the customer is a consumer, they are requested to check the item immediately upon delivery for completeness, obvious defects, and transport damage and to report complaints as quickly as possible.
If the customer is a business, the following applies:
1. Only the information in the web shop of Weingut Christoph Donabaum and the manufacturer’s product description are deemed to be the agreed condition of the item, but not other advertising, public praise, and statements by the manufacturer.
2. Warranty after consumption or tasting has begun is excluded.
3. A shortened warranty period of six months is agreed. The shortening of the period does not apply to
  1. damages attributable to Weingut Christoph Donabaum caused by culpable injury to life, body, or health and in the case of intentionally or grossly negligently caused other damages
  2. insofar as Weingut Christoph Donabaum has fraudulently concealed
  3. in the case of statutory recourse claims that the customer has against Weingut Christoph Donabaum in connection with defect rights
4. Businesses are obliged to immediately inspect the goods for completeness and freedom from defects and to notify Weingut Christoph Donabaum immediately, but no later than seven days after handover of the goods, in writing, stating the type and extent of the defect. The customer must complain in writing about non-obvious deviations with precise specification no later than one week after discovery.
5. If a complaint about defects is not raised or not raised in time, the performance is deemed approved. The assertion of warranty or damage compensation claims as well as the right to challenge on grounds of error are excluded in this case. For compliance with the deadline, timely dispatch by email is sufficient.

10. Limitation of Liability

In general, claims for damages are limited to damages that were caused intentionally or with gross negligence by Weingut Christoph Donabaum. In the event that the customer is a business within the meaning of § 1 para. 2 of the Consumer Protection Act, this limitation of liability also applies in cases of simple gross negligence.
Claims for damages in cases of slight negligence are excluded. Should this limitation of liability not be permissible, for example towards consumers within the meaning of § 1 para. 2 of the Consumer Protection Act, a limitation of liability to the order value applies in cases of slight negligence—in the case of a contract term exceeding one year, to the order value for one calendar year.
Under no circumstances shall Weingut Christoph Donabaum be liable to the other party in any way, regardless of the basis of liability, whether in contract, tort, or any other basis, for any loss of profit or direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising from the subject matter of this contract. The limitation of liability also applies if the other party has been advised of the possibility of such damages.
The exclusion of liability furthermore does not apply to claims under the Product Liability Act and not to damages attributable to Weingut Christoph Donabaum arising from injury to body or health or in the event of loss of life of the customer. All claims by the customer for reimbursement of expenses and indirect damages are also completely excluded.
Weingut Christoph Donabaum is only liable for its own content on the website www.weindonabaum.at. Insofar as access to other websites is made possible via links, Weingut Christoph Donabaum is not responsible for the third-party content contained there. Weingut Christoph Donabaum does not adopt third-party content as its own. If Weingut Christoph Donabaum becomes aware of unlawful content on external websites, Weingut Christoph Donabaum will immediately block access to these websites.
The above exclusions and limitations of liability apply to the same extent in favor of the organs, shareholders, legal representatives, employees, and other vicarious agents of Weingut Christoph Donabaum.

11. Indemnification and Hold Harmless

The customer undertakes to indemnify Weingut Christoph Donabaum, its possible parent company, and their respective shareholders, managing directors, senior employees, and staff (“Indemnified Parties”) from all claims or court decisions, including all related legal costs, expenses, and outlays, arising from a breach of contract by the customer, the exercise of a right under this contract by the customer, an act or omission by the customer or another person for whom the customer is legally responsible.

12. Alternative Dispute Resolution

Weingut Christoph Donabaum is not willing to participate in alternative dispute resolution procedures before consumer arbitration boards.
Notwithstanding this, consumers have the option to direct complaints to the EU Online Dispute Resolution Platform: https://ec.europa.eu/odr. You can also submit your complaint directly to the following email address: office@weindonabaum.at.

13. Final Provisions

Weingut Christoph Donabaum may transfer the rights and obligations under this contract without the prior consent of the customer. The customer may not assign, subcontract, or transfer the rights and obligations under this contract or any other legal relationship with Weingut Christoph Donabaum without the prior written consent of Weingut Christoph Donabaum.
Any notice or other communication to the customer that is permitted or required under these Terms and Conditions must be made in writing and by personal delivery, fax, or email using the address provided by Weingut Christoph Donabaum to the customer.
The invalidity of individual provisions of these Terms and Conditions does not affect the validity of the remaining provisions. Invalid provisions are to be replaced primarily by legally valid provisions that come closest economically to the invalid provisions. The same applies in the case of gaps or unregulated matters.
These Terms and Conditions, together with the main contract, constitute the entire agreement between the parties with respect to the subject matter of this contract and supersede all prior or contemporaneous statements, negotiations, addresses, and agreements, whether oral or written.
The place of performance is the registered office of Weingut Christoph Donabaum.
The contract language is German.
The interpretation, construction, and enforcement of these Terms and Conditions and all contracts concluded between Weingut Christoph Donabaum and the respective contracting party shall be governed in all respects by the laws of the Republic of Austria, excluding its conflict of laws provisions and rules or principles that could establish the applicability of the law of another state. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favorability).
In the event that a contracting party calls upon an ordinary court, the jurisdiction of the District Court of Krems an der Donau applies.