G T C

Der Weingut Tom Dockner KG
Traminerweg 3, 3134 Theyern

I. SCOPE OF APPLICATION

Our following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all purchase contracts concluded by us as a seller of goods (in particular wine, natural juices and spirits) with our customers. General terms and conditions of our customers that deviate from these terms and conditions shall not become part of the contract. Our GTC shall apply exclusively, unless they are amended or supplemented either by supplementary special GTC for certain business areas or by express written individual agreement. These GTC shall also form the basis for all future purchase contracts between us and the respective customer.

II. CONCLUSION OF THE PURCHASE CONTRACT

All offers in sales brochures, price lists and other printed materials of Weingut Tom Dockner KG, on the Weingut Tom Dockner KG website www.docknertom.at and the like are made “without obligation”. The customer’s orders constitute a binding offer. Weingut Tom Dockner KG is free to either accept offers to conclude purchase contracts within 14 days of receipt of the offer or to reject them by sending a corresponding declaration to the customer. Acceptance of the order shall take place at our discretion within 14 days by sending an order confirmation by post/fax or email or directly by dispatching the ordered goods. The dispatch of the goods is equivalent to the goods being held ready in our sales outlets as agreed.

III. PURCHASE PRICE

In principle, the purchase price for the goods ordered shall be deemed to have been agreed as set out in our current sales brochures, price lists or other documentation. These prices are inclusive of VAT, but exclusive of shipping costs, customs duties, etc. The invoice amount is due for payment immediately upon receipt without deduction. In the event of late payment, 12% interest on arrears shall be deemed agreed. Weingut Tom Dockner KG reserves the right to increase the purchase prices for purchase contracts with an agreed delivery period of more than three months in accordance with the cost increases that have occurred due to tax increases, exchange rate fluctuations or material price increases. If the increase amounts to more than 5% of the agreed price, the customer has the right to withdraw from the contract with regard to those goods affected by this price increase.

IV. DELIVERY TIME

As a matter of principle, we fulfill our delivery obligations based on concluded purchase contracts within one month of conclusion of the purchase contract at the latest. If we are unable to fulfill the contract – for example due to the unavailability of the goods – the customer will be informed immediately after becoming aware of this.

V. RETENTION OF TITLE

Weingut Tom Dockner KG retains ownership of the object of purchase until the purchase price has been paid in full. This also applies in the event that the delivered items are resold, modified, processed or blended.

VI. WARRANTY AND COMPENSATION FOR DAMAGES

Weingut Tom Dockner KG warrants in accordance with the following provisions that the subject matter of the contract corresponds to the order on delivery or collection and is fit for normal use. The customer can only invoke warranty rights if he has immediately notified Weingut Tom Dockner KG in writing of the defects that have occurred. Verbal, telephone or non-immediate notices of defects and complaints will not be considered. In the event of a warranty claim in accordance with these provisions, Weingut Tom Dockner KG must primarily improve or replace the goods in accordance with general warranty provisions. The customer can only demand a price reduction or conversion if improvement or replacement is not possible, would involve disproportionate expense for Weingut Tom Dockner KG or if Weingut Tom Dockner KG does not comply with the customer’s request or does not do so within a reasonable period of time. Weingut Tom Dockner KG may also reduce the price or rescind the contract if the improvement or replacement would involve disproportionate expense for Weingut Tom Dockner KG. The right to rescission is excluded if the defect is only minor. The customer may only claim damages if these are based on intent or gross negligence on the part of Weingut Tom Dockner KG.

VII. SPECIAL PROVISIONS FOR CONSUMERS/RIGHT OF WITHDRAWAL

Only our customers who are consumers within the meaning of the Consumer Protection Act (“KSchG”) are subject to its special provisions. A consumer within the meaning of the KSchG is any natural person who acts for purposes that are not part of their commercial, business or professional activities. In particular, consumers are entitled in accordance with § 5e KSchG to withdraw from contracts concluded with us by means of distance selling (= contracts concluded by e-mail, fax, etc.), within a period of 7 working days (excluding Saturdays), unless one of the exceptions to the right of withdrawal pursuant to § 5f KSchG applies. Consumer customers from other EU countries are granted a statutory right of withdrawal of 14 days from receipt of the delivery. It is sufficient if the declaration of withdrawal is sent within this period. In the case of contracts for the delivery of goods, the withdrawal period begins on the day of receipt by the consumer. In the event of withdrawal, full or partial reimbursement of the purchase price shall only take place concurrently with the return of the goods received by the customer. The costs of the return shipment shall be borne by the customer. The goods must be returned in unused, resalable condition and in their original packaging. In the case of items that are affected by signs of use or whose packaging is damaged, a corresponding reduction in value will be deducted when the purchase price is refunded.

VIII. SPECIAL PROVISIONS FOR RESELLERS

It is noted that for entrepreneurs within the meaning of the Austrian Commercial Code (“UGB”), only the provisions applicable to companies shall apply.

IX. DATA PROTECTION

Weingut Tom Dockner KG is entitled to store, transmit, revise and delete personal data of the customer in the course of business transactions. The customer is entitled to object to the use of his data at any time.

X. PROTECTION OF MINORS

Wine and spirits may only be delivered or supplied to persons over the age of 18. In order to comply with legal regulations, Weingut Dockner Tom KG is entitled to hand over the goods only after legitimation by means of an official photo ID. In the event of a justified refusal to hand over the goods, the customer is obliged to pay compensation for the damage actually incurred (e.g. delivery costs). By placing a payable order, the customer confirms that he/she or the recipient of the wines and spirits is over 18 years of age.

XI. CONTRACTUAL LANGUAGE, APPLICABLE LAW, PLACE OF PERFORMANCE, PLACE OF JURISDICTION

The contractual language is German. All purchase contracts concluded by us shall be governed exclusively by Austrian law to the exclusion of the national conflict of law rules and the UN Convention on Contracts for the International Sale of Goods. The place of performance and exclusive place of jurisdiction shall be A-3100 St. Pölten, unless a compulsory place of jurisdiction exists. If no compulsory jurisdiction exists, the competent court for the exercise of commercial jurisdiction shall have subject-matter jurisdiction.

XII. FINAL PROVISIONS

Amendments and supplements to these General Terms and Conditions and all contracts concluded on their basis can only be made in writing. This also applies to any waiver of the written form requirement.

Should individual provisions of these General Terms and Conditions contradict mandatory statutory provisions, the remaining provisions of these General Terms and Conditions shall nevertheless remain valid.