1.1. These General Terms and Conditions (hereinafter referred to as "GTC") shall apply to all deliveries and other services of JULIUS MEINL am Graben GmbH, which are purchased by customers in Meinl's Online Store.
1.2. The terms "consumer" and "entrepreneur" shall be understood hereinafter in the sense of the Consumer Protection Act (hereinafter "KSchG").
1.3. Deviations from these GTCs vis-à-vis entrepreneurs shall only be valid if confirmed in writing by authorized representatives of JULIUS MEINL am Graben GmbH entered in the commercial register and shall expressly only apply to the business case in question. Other employees are in this respect not authorized to agree on amendments or collateral agreements to these General Terms and Conditions.
Informal declarations regarding deviations from the GTC by authorized representatives of JULIUS MEINL am Graben GmbH (also not registered in the commercial register) shall also be legally effective vis-à-vis consumers. In dealings with consumers, the power of attorney extends to all legal acts that such transactions usually entail. A limitation of the power of attorney is only effective towards the consumer if he was aware of it.
1.4. By electronically confirming the GTC of JULIUS MEINL am Graben GmbH in Meinl's Online Store, customers expressly agree to the following GTC, whereby any existing general terms and conditions of customers are expressly rejected and shall not apply.
1.6. The contract, order and business language is German.
2.1. Unless otherwise expressly agreed or made apparent, it is a prerequisite for the use of the services of the website www.meinlamgraben.eu that the customer completes the electronic registration form by providing truthful, accurate, current and complete personal data (hereinafter referred to as "registration data"). By registering, the customer establishes a password (hereinafter referred to as "Access Data"), which must be entered by the customer as proof of legitimacy during each order process.
2.2. An effective order of goods in Meinl's Online Store can only be placed via the website www.meinlamgraben.eu in compliance with the electronic ordering process specified there. Prior to the legally binding order, the Customer shall receive from JULIUS MEINL am Graben GmbH an overview of the products placed in the shopping cart as well as the prices of the order, whereby the composition of the shopping cart can be corrected by the Customer. With the subsequent confirmation of the order and the processing of the payment transaction, the legally effective transmission of the order to JULIUS MEINL am Graben GmbH takes place, to which the Customer is bound for a period of 5 working days from the confirmation of receipt by JULIUS MEINL am Graben GmbH according to point 3.1. of the GTC.
After JULIUS MEINL am Graben GmbH has received the order, a subsequent modification of the order data is no longer possible. The customer shall take appropriate precautions against misuse and transmission errors with regard to orders placed by him and other declarations and shall be liable to the extent of his fault for the mutilated transmission of his declarations.
2.3. No alcohol is sold or shipped to persons under 18 years of age. When ordering alcoholic beverages, the customer must confirm that he/she has reached the minimum age required by law. An age check is carried out when the goods are handed over.
3.1. The customer acknowledges that all orders are excluded from the scope of application of the FAGG pursuant to § 1 para. 2 no. 11, which excludes in particular the consumer's rights of withdrawal standardized therein.
3.2. Cancellation policy for consumers for orders placed by means of distance selling, in particular via the web store of JULIUS MEINL am Graben GmbH, except for the delivery of food, beverages and other household goods of daily use, which are delivered by the entrepreneur within the scope of frequent and regular trips to the consumer's domicile, place of residence or place of work (§ 1 para. 2 no. 11 FAGG).
Right of revocation:
Customers who are consumers according to the Austrian Consumer Protection Act have the right to revoke a concluded contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the (last delivered) goods. However, the period does not begin until the purchase contract has become binding on you through your approval of the purchased item. In order to exercise your right of withdrawal, you must inform us (JULIUS MEINL am Graben GmbH, 1010 Vienna, Graben 19, phone: 0043 15323334, e-mail address: firstname.lastname@example.org) in due time by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the attached revocation form for this purpose, which is, however, not mandatory. You will receive an immediate confirmation from JULIUS MEINL am Graben GmbH about the receipt of such a revocation. To comply with the revocation period, it is sufficient that you submit the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation:
If you revoke the contract, JULIUS MEINL am Graben GmbH will repay to you free of charge all payments received (the same means of payment), including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered), without undue delay and at the latest within fourteen days from the day on which the timely notification of your revocation of this contract was received by JULIUS MEINL am Graben GmbH. The same means of payment that was used for the original transaction shall be used for the repayment, unless expressly agreed otherwise with the customer; in no case shall the customer be charged any fees due to this repayment. JULIUS MEINL am Graben GmbH may refuse repayment until the goods have been returned or until the customer has provided proof that the goods have been returned, whichever is the earlier. You must return the goods to JULIUS MEINL am Graben GmbH without delay and in any case no later than within fourteen days from the day on which you notify JULIUS MEINL am Graben GmbH of the revocation of the contract. The deadline is met for parcel goods if you send the goods before the expiry of the period of fourteen days. The customer has to bear the direct costs of the return of the goods if the delivered goods do not deviate from the order and the return does not exceed an amount of EUR 40,00. A collection of goods by JULIUS MEINL am Graben GmbH must be agreed in each individual case. You must pay for any loss in value of the goods if this loss in value is due to the handling of the goods which is not necessary for the examination of the condition, properties and functioning of the goods.
No right of withdrawal exists for:
3.3. Customers who are not consumers as defined by these GTC are expressly not entitled to the right of revocation of item 3.2 of the GTC.
3.4. Further return guarantees or similar from third parties are always made without legal effect for JULIUS MEINL am Graben GmbH and must therefore be asserted by the Customer directly against the third party concerned.
3.5. The receipt of the order by JULIUS MEINL am Graben GmbH shall be confirmed by the automatic sending of an e-mail, whereby this process expressly does not constitute a declaration of acceptance by JULIUS MEINL am Graben GmbH. In this regard, the Customer acknowledges that JULIUS MEINL am Graben GmbH receives orders exclusively from Monday to Friday (weekdays) between 6 am and 1 pm. Orders received on the server outside of these times shall be deemed to have been received on the next following working day (Monday to Friday).
3.6. The contractual relationship between JULIUS MEINL am Graben GmbH and the Customer shall become legally effective upon express confirmation of the order. For consumers, the confirmation can also be made by an informal declaration of JULIUS MEINL am Graben GmbH or its representatives, whereby reference is made to point 1.3. paragraph 2 of the GTC regarding the scope of the authorization of the representatives.
JULIUS MEINL am Graben GmbH reserves the right to reject orders placed by the Customer in the Online Store, which are to be regarded as binding offers for the conclusion of corresponding purchase contracts with JULIUS MEINL am Graben GmbH, in whole or in part, without stating reasons, prior to their acceptance.
4.1. Unless expressly agreed otherwise, offers and cost estimates of JULIUS MEINL am Graben GmbH are non-binding. Towards consumers, cost proposals of JULIUS MEINL am Graben GmbH shall be binding, unless the opposite has been expressly declared.
4.2. The descriptions, information and prices contained on the website www.meinlamgraben.eu are subject to change and JULIUS MEINL am Graben GmbH reserves the right to make changes at any time. A subsequent change of already legally effective contracts is excluded.
4.3. The prices listed on the website www.meinlamgraben.eu are gross prices, i.e. including the statutory Austrian sales tax and other taxes. However, all prices are exclusive of shipping costs to be paid by the customer, which are shown separately.
5.1. JULIUS MEINL am Graben GmbH shall endeavor to execute accepted orders as quickly as possible, whereby the actual delivery period varies depending on the destination/country. The delivery of accepted orders to consumers shall take place in accordance with any binding agreement, in the absence of such an agreement no later than 30 days after the day following the transmission of the order by the consumer.
5.2. Delivery shall be deemed to be fulfilled as soon as the goods have been handed over to the carrier, whereby the transport shall be carried out without exception at the risk and expense of the customer to the electronically stored delivery address. If the customer is a consumer and the goods are sent, the risk of loss of or damage to the goods shall not pass to the consumer until the goods are delivered to the consumer or to a third party designated by the consumer and different from the carrier. If, however, the consumer himself has concluded the contract of carriage without making use of a choice proposed by the entrepreneur, the risk shall pass as soon as the goods are handed over to the carrier. The delivery is carried out by the Austrian Post and within Vienna by our internal fleet. JULIUS MEINL am Graben GmbH shall be entitled to carry out and invoice advance deliveries and partial deliveries and the customer shall be obliged to accept and pay insofar as the goods or deliveries are divisible for him.
5.3. If in cases of force majeure a delivery deadline of JULIUS MEINL am Graben GmbH cannot be met, the Customer may for his part declare his withdrawal from the contract by granting a reasonable grace period. The delivery obligation of JULIUS MEINL am Graben GmbH shall be suspended as long as the Customer is in default with a payment, also from other obligations and duties existing towards JULIUS MEINL am Graben GmbH.
5.4. A delay in delivery caused by JULIUS MEINL am Graben GmbH shall entitle the Customer to withdraw from the respective order only after setting and expiration of a reasonable grace period.
5.5. If the performance of JULIUS MEINL am Graben GmbH is delayed or impeded for reasons for which the Customer is responsible, JULIUS MEINL am Graben GmbH shall be entitled to store the goods and to withdraw from the respective delivery or the underlying contract after a reasonable period of time, whereby the Customer shall reimburse JULIUS MEINL am Graben GmbH for all expenses incurred in its interest.
5.6. Place of performance for all services arising from the contractual relationship shall be Vienna.
6.1. The total purchase price as well as the fees for all ancillary services shall be due for payment in advance immediately upon legally effective acceptance of the order by JULIUS MEINL am Graben GmbH, whereby the Customer shall make use of the payment methods indicated on the website www.meinlamgraben.eu. The Customer shall pay the purchase price in full upon receipt of the order.
6.2. The Customer (except consumers) shall not be entitled to withhold payments due to alleged warranty claims or claims of any other kind or to set them off against counterclaims of any kind whatsoever, unless such counterclaims have been legally established or expressly acknowledged by JULIUS MEINL am Graben GmbH.
Deviating from the above provision, consumers shall be entitled to the statutory right of retention, for example in case of warranty claims. The offsetting of claims by consumers is only permitted in case JULIUS MEINL am Graben GmbH becomes insolvent, the claim is legally related to the consumer's liability, the respective claim of the consumer has been determined by a court or has been acknowledged by JULIUS MEINL am Graben GmbH (§ 6 Abs 1 Z 8 KSchG).
6.3. If the Customer is in default with payments, JULIUS MEINL am Graben GmbH shall be entitled to postpone the fulfillment of existing obligations until the outstanding payment has been effected or, after threatening to withdraw from the contract and setting a reasonable grace period, to withdraw from the relevant delivery or the underlying contract, asserting all damages incurred by it.
6.4. In case of culpable default of payment, default interest in the amount of 12.5% p.a. as well as a reminder fee in the amount of € 20,-- shall be agreed upon. Furthermore, in this case the Customer shall be obliged to reimburse JULIUS MEINL am Graben GmbH for all further costs necessary for appropriate legal prosecution (extrajudicial debt collection measures only in reasonable proportion to the debt pursued).
6.5. Until full settlement of all claims arising from all legal transactions with the Customer, the goods shall remain the unrestricted property of JULIUS MEINL am Graben GmbH and the Customer shall not be entitled to dispose of the goods without the express consent of JULIUS MEINL am Graben GmbH. The Customer shall comply with the marking obligations and other formal requirements for the retention of title and shall be liable to JULIUS MEINL am Graben GmbH for all risks concerning the entrusted goods and in particular for loss, damage and theft. In case of seizure or other access to the goods by third parties, the customer is obliged to immediately point out the third-party ownership and to immediately inform JULIUS MEINL am Graben GmbH thereof.
7.1. If the customer is an entrepreneur, he has to check the delivery for completeness, correctness and freedom from defects immediately after handover. Any complaints of entrepreneurial customers shall be submitted to JULIUS MEINL am Graben GmbH in writing immediately, at the latest 3 working days after handover, with a precise description of the defect, otherwise the Customer shall no longer be entitled to any claims whatsoever.
7.2. JULIUS MEINL am Graben GmbH warrants in accordance with the statutory provisions that the delivered goods are in conformity with the usual use or the use agreed upon according to the contract.
7.3. Defects of a part of the delivery shall only lead to a claim for the entire delivery if these defects render the entire delivery defective. The assertion of claims regarding defects caused by negligent or improper handling of the goods by the Customer or a third party for which JULIUS MEINL am Graben GmbH is not responsible shall be excluded.
7.4. For consumers, the statutory warranty period of 2 years shall apply as well as the statutory warranty provisions, according to which the consumer may demand the improvement or replacement of the goods, a reasonable price reduction or the cancellation of the contract due to a defect in accordance with the statutory provisions. Apart from consumer transactions, all claims based on defects shall become time-barred within 3 months from the handover of the goods. In case of a justified notice of defects by entrepreneurs, JULIUS MEINL am Graben GmbH shall be entitled, at its discretion, to fulfill warranty claims by a replacement delivery or a credit note, in each case concurrently against return of the delivery complained about.
7.5. The liability of JULIUS MEINL am Graben GmbH towards consumers shall be excluded for slightly negligent conduct, except in cases of personal injury as well as damage to property taken over for processing within the meaning of § 6 para 2 no. 5 KSchG. Apart from the above mentioned exceptions, JULIUS MEINL am Graben GmbH shall only be liable to consumers for damages caused to the consumer intentionally or by gross negligence.
Outside the consumer business, JULIUS MEINL am Graben GmbH shall be liable exclusively for gross negligence and for damages directly caused to the object of the delivery. Further claims of the customer, for whatever legal reason, for example for compensation of lost profit or for consequential harm caused by a defect, are expressly excluded.
8.1. The Customer acknowledges that the processing of orders requires the correctness of the registration data (item 2.1.) and the Customer shall promptly notify JULIUS MEINL am Graben GmbH of any changes. In this respect, the Customer expressly acknowledges that deliveries and shipments can effectively be made to the last address provided. Incorrect data shall be corrected or deleted by JULIUS MEINL am Graben GmbH in accordance with the DS-GVO and/or the DSG as amended, whereby further use of the online services by the Customer is no longer possible.
8.2. The Customer is obliged to keep the access data assigned to him in the course of the registration confidential. In particular, the Customer is obliged to protect its connection, its terminal equipment as well as its access data from unauthorized access by third parties and to inform JULIUS MEINL am Graben GmbH immediately of any suspicion of unauthorized access by third parties. If JULIUS MEINL am Graben GmbH has reason to believe that the Customer's access data is being used (misused) by third parties, JULIUS MEINL am Graben GmbH shall be entitled, but not obliged, to immediately block the Customer's access to the Services without prior notification.
8.3. The Customer expressly acknowledges that the verification of the access authorization by JULIUS MEINL am Graben GmbH can only be carried out on the basis of the Customer's access data. Accordingly, the Customer shall be responsible towards JULIUS MEINL am Graben GmbH or third parties for all activities which are carried out through his fault using his access data and the Customer expressly declares to fully indemnify and hold JULIUS MEINL am Graben GmbH harmless for claims which are asserted against JULIUS MEINL am Graben GmbH due to the use of the services using his access data. In particular, the customer shall also be liable for charges regarding services which are obtained from JULIUS MEINL am Graben GmbH under specification of his access authorization.
8.4. The Customer expressly agrees that its registration data as well as any other personal data provided by the Customer to JULIUS MEINL am Graben GmbH will be stored by JULIUS MEINL am Graben GmbH in accordance with the DS-GVO and/or the DSG as amended until the registration is deleted and processed and used in connection with the services in question (=processing of orders from Meinl's Online Store - fulfillment of contract).
9.1. For disputes in connection with orders placed in Meinl's Online Store by the customer, the local jurisdiction of the relevant court in Vienna - Innere Stadt is agreed. For consumer transactions, the limitation of § 14 KSchG to the consumer's general place of jurisdiction in Austria shall apply. If the consumer has his domicile or habitual residence in Austria or if he is employed in Austria, only the jurisdiction of the court in whose district the consumer's domicile, habitual residence or place of employment is located can be established for an action against him pursuant to Sections 88, 89, 93 (2) and 104 (1) JN (Austrian Consumer Protection Act).
9.2. Online dispute resolution pursuant to Art 14 para 11 ODR Regulation: The European Commission provides a platform for online dispute resolution (OS), which you can find at: https://ec.europa.eu/consumers/odr/. However, JULIUS MEINL am Graben GmbH is not obliged to participate in such dispute resolution proceedings before a consumer arbitration board.
9.3. The GTC of JULIUS MEINL am Graben GmbH for ordering via Meinl's Online Store as well as all legal relations with the Customer shall be governed exclusively by Austrian law, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods.
9.4. All orders from Meinl's Online Store are invoiced in euros (€).
9.5. Unless otherwise expressly stated, JULIUS MEINL am Graben GmbH shall be exclusively entitled to all trademark rights, design rights and copyrights as well as other intellectual property rights of the contents, graphics, source texts and the like that can be retrieved from the website www.meinlamgraben.eu and the user shall not be granted any rights whatsoever in this respect. In particular, the user is prohibited from any reproduction, copying or use that goes beyond the execution of the order process.
9.6. The General Terms and Conditions of JULIUS MEINL am Graben GmbH are available at JULIUS MEINL am Graben GmbH, 1010 Vienna, Graben 19, and can be accessed on the website www.meinlamgraben.eu in stored form.
9.7. Any inquiries, requests, complaints, data information or other concerns should be addressed to: email@example.com.