General terms and conditions
„Gross & Gross“ Brüder Gross GmbH
- These General Terms and Conditions apply to the sale and delivery of goods by Brüder Gross GmbH (hereinafter referred to as “Gross & Gross”) with its registered office and business address at Ratsch 26, 8461 Ehrenhausen an der Weinstraße.
- The General Terms and Conditions may be amended by Gross & Gross at any time and shall apply in the version current at the time of the Customer’s order.
- Deviating terms and conditions shall not apply unless Gross & Gross has agreed to them in writing or by e-mail prior to acceptance of the order.
- By placing an order, the Customer agrees to these General Terms and Conditions.
- The offer of Gross & Gross is subject to change and is only valid while stocks last. Due to limited quantities of individual goods, we may be out of stock during your online order. In this case we take the liberty to offer you alternative products.
- The contract language is German.
Prices and shipping costs
- The offered prices of the goods are gross prices in Euro per piece and include all statutory taxes (VAT) and duties. However, the prices offered do not include any shipping costs.
- The amounts stated may be unilaterally changed by Gross & Gross for future contracts at any time. In the event of typographical, printing or calculation errors on the website, Gross & Gross is entitled to withdraw from the contract.
- Prices are based on the costs at the time the price is initially quoted. Should costs change by the time the Buyer places an order, Gross & Gross shall be entitled to adjust prices accordingly.
- Deliveries outside Austria can only be made if there are no legal or disproportionate logistical obstacles to the delivery.
- All costs incurred by shipping shall be borne by the Buyer. The costs of delivery are displayed in the shopping cart when ordering in the Internet online store after correct selection, and in the case of a submitted order in the order confirmation submitted by Gross & Gross in writing (by e-mail).
- From a gross goods price of EUR 99, – Gross & Gross assumes the cost of standard delivery within Austria and from EUR 199, – the delivery to Germany.
- Our current terms of delivery and payment shall apply exclusively to the delivery. Deviating agreements are only valid if they are confirmed by us in writing.
- For a requested delivery to a non-EEA country, the consumer must contact Gross & Gross to request a requested delivery. Contact: Gross & Gross Brüder Gross GmbH, Ratsch 26, 8461 Ehrenhausen an der Weinstraße, phone: +436641450300, e-mail: email@example.com.
- Shipping costs overview / shipping countries:
Shipping cost Austria & Germany
|1er||€ 5,90||€ 9,10||bis 2 kg|
|2er||€ 6,00||€ 9,50||bis 4 kg|
|3er||€ 6,00||€ 9,50||bis 4 kg|
|6er||€ 7,00||€ 11,00||bis 8 kg|
|12er||€ 9,00||€ 12,50||bis 31,5 kg|
Shipping costs of other countries
|Box||Zone 2||Zone 3||Zone 4||Weight|
|1er||€ 15,00||€ 18,00||€ 18,00||bis 2 kg|
|2er||€ 16,00||€ 20,00||€ 21,00||bis 4 kg|
|3er||€ 16,00||€ 20,00||€ 21,00||bis 4 kg|
|6er||€ 18,00||€ 23,00||€ 26,00||bis 8 kg|
|12er||€ 24,00||€ 28,00||€ 40,00||bis 31,5 kg|
Zone 2: Belgium, Italy, Croatia, Luxembourg, Netherlands, Slovakia, Slovenia, Czech Republic, Hungary; Zone 3: Denmark, Finland, France, Great Britain, Sweden; Zone 4: Estonia, Greece, Ireland, Latvia, Lithuania, Malta, Poland, Portugal, Romania, Spain; costs incl. 20% VAT.
Payment and payment methods
- The purchase price is due upon conclusion of the contract.
- Gross & Gross retains ownership of all goods until full payment of the purchase price including additional charges.
- Gross & Gross accepts the following payment methods/credit cards: Direct bank transfer/advance payment, instant bank transfer, Visa, MasterCard, PayPal.
- In case of direct bank transfer/advance payment, the goods will be delivered only after receipt of the amount to the following bank account – Brüder Gross GmbH, IBAN: AT622081500006229330, BIC: STSPAT2GXXX.
- In case of payment by credit card, Sofortüberweisung or PayPal, the delivery of the goods will be made only after confirmation of the release of payment of our contractual partner Unzer GmbH.
Transfer of risk
- In case of delivery Gross & Gross – in the absence of special instructions by the purchaser – as agent of the purchaser shall determine the mode and route of transport. In case of delivery, use and risk shall pass to the Buyer upon handover of the goods from Gross & Gross to the carrier. Delivery is thus made at the expense and risk of the Buyer.
- Gross & Gross guarantees full compensation for damage and deterioration occurring during transport under the following conditions: Arriving goods must be inspected and reported immediately for regularity and completeness. Any complaints must be confirmed by the transport company.
Return of goods and right of withdrawal
- Gross & Gross is willing, until revoked, to take back goods purchased from them for a refund of the full purchase price under the following conditions: The return must be made within 14 days from the date of invoice, in its original packaging, undamaged, and accompanied by the original invoice. The return will be made at the price valid at the time of the original purchase. The refund of the purchase price will be made in the form of a credit note.
- If the buyer is a consumer within the meaning of the Consumer Protection Act and he has placed his order via the Internet online store, he may, in accordance with §§ 11 FAGG within fourteen days from the date of receipt of the goods by the buyer to withdraw from the purchase contract. The withdrawal period begins as soon as the buyer or a third party designated by him has taken delivery of the goods. In the case of a purchase contract for several goods, the withdrawal period begins as soon as the buyer or a third party designated by him has taken over the last partial shipment, the last goods or the last piece. The day of the takeover is not included in the period. Saturdays, Sundays and public holidays shall count towards the calculation of the period. The timely dispatch of the declaration of withdrawal or the return of the goods shall be sufficient to comply with the withdrawal period.
- To exercise your right of withdrawal, you must inform Gross & Gross of your decision to withdraw from this contract.
- Consequences of withdrawal: If you withdraw from this contract, Gross & Gross shall refund any payments received from you, including delivery costs, without undue delay and at the latest within fourteen days from the day on which Gross & Gross received the notification of your withdrawal from this contract. Gross & Gross may refuse repayment until the goods have been received by Gross & Gross or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to Gross & Gross, Ratsch 26, 8461 Ehrenhausen an der Weinstraße without undue delay and in any case no later than within fourteen days from the day on which you notify Gross & Gross of the revocation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days. You shall bear the direct costs as well as the risk of returning the goods. You will 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 for checking the condition, properties and functioning of the goods.
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Orders, delivery period, obstacles to delivery, withdrawal from the contract
- The customer’s order constitutes an offer. A contract is only concluded after acceptance by Gross & Gross. The customer will be notified of our acceptance by e-mail or by telephone. If Gross & Gross cannot fulfill the customer’s order for any reason, the customer will be notified immediately.
- Gross & Gross accepts orders via the Internet online store from Monday to Friday in the time from 08:00 to 16:00. If orders are received outside of the ordering hours, they shall only be deemed to have been received at the beginning of the ordering hours on the next working day.
- When placing the order, the customer shall specify an exact place of delivery. The Customer is obliged to secure the ordered goods at the specified place of delivery. Gross & Gross shall send the Customer a written (including by e-mail) order confirmation containing all relevant order data.
- Delivery will be made by a shipping partner contracted by Gross & Gross at times customary to the business.
- In the event of non-acceptance of ordered goods, Gross & Gross is entitled to demand compensation for the additional expenses incurred as a result, such as transport costs. This does not apply if Gross & Gross does not provide its services in accordance with the contract.
- The acceptance of orders is subject to delivery possibilities. Gross & Gross reserves the right to allocate smaller quantities to the purchasers in the event of oversubscription of a product. If delivery or compliance with an agreed delivery deadline becomes impossible due to circumstances for which Gross & Gross is not responsible, the obligation to deliver on the scheduled delivery date shall expire. Circumstances for which Gross & Gross is not responsible include in particular: Difficulties in obtaining the goods or input materials from third parties, operational disruptions, traffic disruptions, lockouts and strikes as well as all cases of force majeure. In such cases Gross & Gross will immediately contact the Buyer to arrange a replacement date for the prevented delivery. Provided that the Buyer is offered a new delivery date by Gross & Gross which is not later than two weeks after one of the originally agreed delivery dates, and the delivery is also duly carried out on this new date, there is a timely delivery by Gross & Gross within the meaning of the purchase contract.
- In the case of divisible performances, the purchaser shall not have the right to withdraw from the contract with regard to deliverable parts, insofar as parts of the performance can be fulfilled and are usable for the purchaser. Under the same conditions, or if the remaining parts can be delivered in time, the buyer is not entitled to refuse acceptance of partial deliveries.
- If the Buyer declares without justification that he does not wish to adhere to the contract (“Cancellation”) and Gross & Gross agrees to this in writing (by e-mail), Gross & Gross shall be entitled to 15% of the purchase price as liquidated damages (“Cancellation Fee”) in the case of goods in stock. In the case of goods on order, such a cancellation of the contract is generally excluded. Notwithstanding the foregoing, the statutory rights of withdrawal without cancellation fee pursuant to §§ 5e – 5h Consumer Protection Act shall remain in force for consumers.
- Changes or cancellations of orders by the Buyer must always be made in writing (by e-mail). Gross & Gross reserves the right to also accept declarations in another form, which will then, however, only become effective upon written confirmation by Gross & Gross (by e-mail).
- Unless otherwise agreed, Gross & Gross will deliver within 3 to 5 working days after confirmation of the concluded contract.
- Complaints based on legal warranty claims can be made to the following address: Gross & Gross, Ratsch 26, 8461 Ehrenhausen an der Weinstraße, telephone: +436641450300.
- Promises, such as those concerning the usability or special characteristics of the goods, or statements made by Gross & Gross employees are not binding and do not constitute an express assurance of certain characteristics unless they are made in writing (by e-mail).
- Warranty claims require that defects (e.g. broken wine bottle) are reported to Gross & Gross without delay, namely visible defects immediately upon acceptance, hidden defects after discovery, and upon presentation of the opened goods and original invoice.
- A warranty claim is in any case limited to the purchase price of the delivered and defective goods.
- Gross & Gross shall fulfill its warranty obligations at its discretion either by delivery of defect-free goods, improvement, subsequent delivery of missing quantities or rescission of the contract (i.e. repayment of the purchase price) within a reasonable period of time.
- For transactions with consumers within the meaning of the Austrian Consumer Protection Act, in the event of a defect, the customer may, at its option and in compliance with the statutory provisions, demand improvement, replacement of the item, reasonable price reduction or rescission.
- Taste-related reasons, customary or minor deviations in quality, quantity, color, size, weight, equipment or design due to technical reasons as well as age-related changes in taste, color and packaging do not constitute warranty defects or non-performance of the contract.
- Gross & Gross shall not be liable for conformity of taste, color, material and pattern or other conformity characteristics of reordered goods. The same applies to goods ordered on the basis of samples, insofar as the deviation remains within the customary commercial and technical limits.
Liability for damages
- Gross & Gross shall be liable for damages in accordance with the statutory provisions. However, liability for damages caused by slight negligence is excluded. The limitation of liability does not apply to damages resulting from injury to life, body or health of persons and to claims under the Austrian Product Liability Act.
Protection of minors
- The distribution and delivery of wine and spirits can only be made to persons over 18 years of age. In order to comply with legal regulations, Gross & Gross is entitled to hand over goods only after legitimation by an official photo ID. In the event of a justified refusal to hand over the goods, the Customer is obliged to compensate for the damage actually incurred (e.g. costs of delivery).
- By placing the order, the customer assures that he or the recipient of the goods is older than 18 years.
IT processing and customer data
- The buyer agrees that the personal data stated in the purchase contract and disclosed during registration will be stored and processed in compliance with the provisions of the Data Protection Act. This data will be used, to the extent necessary, for the fulfillment of legal requirements, for the processing of payment transactions, customer care and marketing purposes. Furthermore, the customer agrees to receive mailings from Gross & Gross and Vino Gross d.o.o. for advertising purposes. This consent can be revoked at any time by sending an e-mail to the following addresses: Gross & Gross (firstname.lastname@example.org) and Vino Gross d.o.o. (email@example.com). In the context of customer care, Gross & Gross will not share data with other companies (except those mentioned above).
- If individual provisions of the contract or these General Terms and Conditions are invalid, this shall not result in the invalidity of the entire contract or the entire General Terms and Conditions. The remaining content of the contract or the remaining General Terms and Conditions shall remain unchanged.
- The place of performance for both Gross & Gross and the Purchaser is the business address of Gross & Gross.
- The competent court in Leibnitz shall have exclusive jurisdiction to decide all disputes arising in connection with the contractual relationship. § Section 14 KSchG remains unaffected.
- The contract shall be governed exclusively by the laws of the Republic of Austria to the exclusion of the UN Convention on Contracts for the International Sale of Goods.