Terms of service

General Terms and Conditions

Effective: 22.08.2023

1. Scope of Application

All offers available in our online shop www.trinkvergnuegen.at and all contracts concluded through this online shop are exclusively subject to these General Terms and Conditions as valid at the time of the order. Deviating conditions of the customer (whether end consumer or business) do not apply. The GTCs may be amended by SW Trinkvergnügen GmbH at any time and apply in the latest version valid at the time of the customer’s order.

2. Contractual Partner

When you make a purchase on www.trinkvergnuegen.at, you enter into a contract with:

SW Trinkvergnügen GmbH
Dr. Auner Straße 19/9
A-8074 Raaba
Tel: +43 316 30 9221 (Mon-Fri. 09:00 – 16:00)
Email: office@trinkvergnuegen.at

hereinafter referred to as "Trinkvergnügen" or "We".

3. Offer and Conclusion of Contract

  1. All offers in our online shop are non-binding, not legally binding, and valid while supplies last. Due to limited quantities (especially with wine rarities and special locations), it may happen that an item becomes sold out during the online ordering process. In this case, we will inform you separately and may offer you suitable alternative products.

  2. By clicking the "Place Order with Obligation to Pay" button, you submit a binding offer to enter into a purchase contract with us. We are not obliged to accept this offer. You are bound to your offer for two business days, subject to a statutory right of withdrawal.

  3. We confirm receipt of your offer through an automatically generated email sent to the address you provided ("Order Confirmation"). This email does not constitute acceptance of your offer. Please check the order details in the order confirmation. If you find an error or change your mind about the order, please notify us as soon as possible.

  4. We can accept your offer by sending you a confirmation email ("Order Confirmation") or by dispatching the purchased goods to you, depending on the payment method chosen, after receiving the full invoice amount into the respective payment account.

  5. The goods offered are sometimes collector's items/unique items or goods that may no longer be available or only available at higher prices in the future due to lack of supply. If these items are damaged or lost during transport, the basis of the contract is no longer valid. In this case, we are not obliged to fulfill the contract or procure replacements. The payment made will be refunded via the same payment method used by the customer when placing the order.

  6. In the event of obvious typing, printing, and calculation errors on the website or in the webshop, SW Trinkvergnügen GmbH is entitled to withdraw from the contract.

4. Delivery Conditions and Delivery Times

  1. We currently primarily deliver to customers in Austria and Germany and indicate the shipping costs directly in the shop. Deliveries are usually made in 6 or 12-bottle cartons through our fulfillment center and delivery partners (GLS, DPD, Hermes, Post, etc.). If it is more economical for us, the delivery may be split into multiple packages and sent in partial deliveries. Pickup on-site is also possible by special arrangement and will be displayed as an option when selecting the corresponding quantity in our online shop.

  2. For deliveries to other EU countries or outside the EU, as well as to Switzerland, import duties and separate taxes may apply.

  3. The delivery times listed on the "Shipping and Payment" page in the online shop are approximate and do not constitute legally binding information. They are estimates based on the typical transit times for wine packages of the respective shipping companies. If there are different delivery times for a specific product, these are listed directly on the product page. We always strive to deliver as quickly as possible.

  4. Delivery usually takes place within 5 working days of the order confirmation, but in any case within the legally required delivery period of 30 days from the order date. Orders placed after 4:00 PM are considered received on the next working day. If delivery is unexpectedly delayed, we will contact the customer as soon as the delay becomes known, but before the 30-day period, to obtain their consent for a later delivery. If you do not agree, you are entitled to withdraw from the contract.

  5. We are entitled to execute the order in partial deliveries even without the customer's request. In this case, we will bear all additional shipping costs incurred.

  6. If we are prevented from meeting delivery deadlines due to force majeure (e.g., strikes, natural disasters) or other circumstances beyond our control, we will inform you as soon as possible. The delivery period is extended by the duration of these events.

  7. Deliveries to certain countries outside the European Economic Area (EEA) can only take place if there are no legal or disproportionate logistical obstacles to the delivery.

5. Prices, Shipping Costs, Payment Terms

  1. The prices listed in our online shop are in EUR and include all taxes (VAT) but do not include shipping costs and possible import duties in certain countries. The shipping costs can be found on the "Shipping and Payment" page. The amounts valid at the time of the order apply. We will inform you of the binding prices, taxes, and shipping costs again in the order summary before completing the order directly in our online shop.

  2. The mentioned prices and shipping costs can be changed unilaterally for future contracts.

  3. The payment methods accepted in our online shop are listed on the "Payment & Shipping" page. There you will find all the details about the associated payment conditions and any fees.

  4. Unless otherwise agreed with you, the invoice amount is due immediately. In the event of default, we are entitled to charge statutory default interest.

  5. We work with several payment service providers to process all transactions and orders. These include:

    • Shopify Payments (VISA, Mastercard, AMEX, Maestro, Union Pay, ApplePay, GooglePay, ShopPay)
    • bitPAY (Bitcoin, Ethereum)
    • Klarna (Invoice Purchase, Sofortüberweisung)
    • Paypal
    • AmazonPay

  6. We reserve the right to ship the order only after the payment has been confirmed and approved by the respective payment service provider.

6. Transfer of Risk

If we ship the goods, the risk of loss or damage to the goods only passes to the customer once the goods are delivered to the destination of the order by the transport partner. Damage occurring during transport (e.g., glass breakage, other transport damage) must be reported and documented immediately upon receipt at the destination to enable a damage claim through transport insurance.

If the customer has entered into a transport contract with a shipping service provider of their choice or a freight forwarder without using our suggestions, the risk passes to the customer upon delivery of the goods to the chosen carrier.

7. Retention of Title

All goods delivered by us remain the property of SW Trinkvergnügen GmbH until full payment of the invoice amount, including all incidental charges.

8. Right of Withdrawal

You, as a consumer, have the right to withdraw your contractual declaration or an already concluded contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods. If you ordered goods under a single order and these goods were delivered separately, the withdrawal period begins on the day on which you or a third party designated by you, who is not the carrier, took possession of the last item. If we have not fulfilled our obligation to inform you about the existence of the right of withdrawal (conditions, deadlines, and procedures for exercising this right), the withdrawal period is extended by twelve months. If we subsequently provide the information within twelve months from the possession of the goods, or in the case of separate delivery, the last item, the withdrawal period ends 14 days after you receive this information.

To exercise your right of withdrawal, you must inform us:

SW Trinkvergnügen GmbH
Dr. Auner Straße 19/9
A-8074 Raaba
Email: office@trinkvergnuegen.at

by means of a clear statement (e.g., by email) of your decision to withdraw from this contract. You may use the sample withdrawal form available here, but it is not mandatory. To meet the withdrawal deadline, it is sufficient that you send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.

If the buyer unjustifiably decides not to adhere to the contract (= unjustified cancellation of the order), and SW Trinkvergnügen GmbH agrees, Trinkvergnügen is entitled to charge a 15% cancellation fee of the purchase price as liquidated damages. The statutory withdrawal rights under the Distance Selling Act remain unaffected. For custom-made orders, personalized products, vouchers, and all wines older than 5 years (rarities), such contract termination is generally excluded.

Consequences of Withdrawal

If you withdraw your contractual declaration or an already concluded contract, we must refund all payments we have received from you, including delivery costs (except for the additional costs that result from you choosing a type of delivery other than the least expensive standard delivery offered by us), immediately and no later than within fourteen days from the day we receive the notification of your withdrawal from this contract.

For this repayment, we will use the same payment method that you used in the original transaction unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment. We may withhold the reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to our logistics center:

Amtmann Handels GmbH
c/o SW TRINKVERGNÜGEN GmbH Fulfillment Center
Südbahnweg 31
8401 Wildon

immediately and in any event no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send back the goods before the period of 14 days has expired. You bear the direct costs of returning the goods. The costs are estimated to be a maximum of EUR 15.

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Notes for a Smooth Return Process

Please, if possible, return the item in the original packaging. The use of the original packaging is not mandatory for exercising your rights, but it simplifies and secures the process for us.

Exclusions from the Right of Withdrawal and Complaints

Orders of the following are excluded from the right of withdrawal and complaints:

  • Wine rarities and wines with a storage period of more than 2 years (determined by the year of bottling)
  • Goods manufactured according to customer specifications or clearly tailored to personal needs
  • Special orders or personalized products
  • Products from our shop whose price was agreed upon at the time of contract conclusion but cannot be delivered earlier than 30 days after contract conclusion and whose current value depends on market fluctuations that we cannot influence
  • Services, if we – based on your express request and a confirmation of your knowledge of the loss of the right of withdrawal upon full contract fulfillment – began executing the service before the withdrawal period expired and the service was then fully performed
  • Goods delivered sealed and originally packaged (collector bottles in original wooden boxes) if the seal was removed after delivery or the wine boxes were opened
  • Vouchers and other digital products in our online shop
  • In the case of individually agreed conditions/offers for rarities or collector bottles

End of the Instruction on the Right of Withdrawal.

9. Warranty and Liability

  1. The warranty is governed by statutory regulations.

  2. We are only liable for damages caused by us, our legal representatives, or vicarious agents. This does not apply to liability for personal injury and claims under the Product Liability Act.

  3. Statements about the quality, usability, or properties of the goods are non-binding and do not constitute a legal obligation unless they have been separately communicated to you in writing.

  4. Any warranty claims require that any defects be reported immediately. Obvious defects must be reported immediately upon receipt, hidden defects immediately upon discovery. This must be done by submitting the opened goods (or a photo with date and time verification) and the original invoice. Wines with cork defects will be replaced by us if they occur in young wines (young wine = current vintage + 1 year) and are reported within 30 days of receipt.

  5. The amount of the warranty claim is limited to the purchase price of the delivered, defective goods, and the claim can be asserted either by replacement of defect-free goods, repair, or refund by us. The choice of compensation method lies with SW Trinkvergnügen GmbH and will be communicated to the customer separately.

  6. For transactions with consumers (B2C), the customer may, in the event of a defect, request replacement, repair, a price reduction, or cancellation according to the statutory provisions.

  7. In the interest of youth protection, the delivery of alcoholic beverages in our online shop can only be made to persons who have reached the age of 18. By submitting an order, the customer confirms that they or the actual recipient of the goods is over 18 years of age.

  8. Typical characteristics of wine (e.g., possible tartar, cloudiness, etc.) are natural processes and therefore do not constitute a valid reason for complaints.

10. Final Provisions

  1. The place of fulfillment is the registered office of our company.

  2. Every contract concluded in our online shop is governed exclusively by Austrian law, excluding the UN Sales Convention and the conflict of law rules of private international law.

  3. The contract language is German.

  4. The contract text is not stored. We recommend that you archive our order confirmation and the GTC attached as an attachment.

  5. The exclusive place of jurisdiction is Graz. For lawsuits against consumers, § 14 of the Austrian Consumer Protection Act applies.

  6. Changes and additions to these General Terms and Conditions and all contracts concluded on their basis can only be made in writing. This also applies to any deviation from the requirement for written form. Should individual provisions of these GTC conflict with mandatory legal provisions, the remaining provisions of these GTC shall remain in force.