(The underscored conditions do not apply to contracts subject to the Consumer Protection Act.)
1. SCOPE
The General Terms and Conditions in their respective valid version apply both to any use of this website (www.emil1868.com) and, in particular, to any order in the webshop. In the event of changes to these General Terms and Conditions, the version published on the website (www.emil1868.com) at the time of the order shall apply. The text can be downloaded, saved, reproduced, and printed on a computer. Any deviation from the terms and conditions will not be recognized unless emil 1868 GmbH agrees in writing. The customer’s general terms and conditions shall only apply if their validity has been agreed upon in writing. The following general terms and conditions govern the conditions under which natural and legal persons can purchase the products offered by emil 1868 GmbH.
2. CONTRACTUAL PARTNER
Owner of this website and contractual partner for online orders:
emil 1868 GmbH
Bahnhofstraße 8
4910 Ried im Innkreis
Owner: Emil STEGMÜLLER
VAT ID: ATU 78017502
Commercial register number: FN 578536 p
Commercial court: District Court Ried im Innkreis
Business purpose: Production and trade of spirits
Office location and manufacturing: Gewerbestraße 3, 4912 Neuhofen im Innkreis
Tel: +43 7752 82080
Email: office@emil1868.com
Authority according to ECG: District Administration Ried im Innkreis
Legal provisions: Trade Regulation (www.ris.bka.gv.at)
Bank details:
IBAN: AT51 2032 0321 0062 9472
BIC: ASPKAT2LXXX
3. PLACE OF PERFORMANCE
The place of performance is the headquarters of emil 1868 GmbH at Bahnhofstraße 8, 4910 Ried im Innkreis.
4. CONTRACT CONCLUSION
By clicking the button ‘Order Now‘, a binding order for the products listed in the shopping cart is placed. Confirmation of the receipt of the order will be sent immediately after submission through an automated email, along with the acceptance of the order. The purchase contract is established with this email.
5. MINIMUM AGE
emil 1868 GmbH does not offer alcoholic products for purchase by minors. By clicking the button ‘Order Now‘, you also confirm that you have reached the legal minimum age for the purchase of alcoholic products.
6. Right of Withdrawal (does not apply to entrepreneurs)
Customers who are consumers within the meaning of Directive 2011/83/EU have the right to revoke this contract within 14 days without stating any reasons. The revocation period is fourteen days from the day on which the customer or a third party designated by the customer, who is not the carrier, has taken possession of the goods. To exercise the right of revocation, the customer must inform emil 1868 GmbH (Bahnhofstraße 8, 4910 Ried im Innkreis, Tel: +43 7752 82080, Email: office@emil1868.com) of their decision to revoke this contract through a clear statement (e.g., a letter sent by post, fax, or email). The customer may use this sample revocation form, but it is not mandatory. To comply with the revocation period, it is sufficient for the customer to send the notification of exercising the right of revocation before the revocation period expires.
**Consequences of Revocation**
If the customer revokes the contract with emil 1868 GmbH, emil 1868 GmbH must reimburse the customer for all payments received from the customer, including delivery costs (except for additional costs resulting from the customer’s choice of a delivery method other than the least expensive standard delivery offered by us), without delay and no later than fourteen days from the day on which the notification of the revocation of the contract was received by emil 1868 GmbH. For the reimbursement, the same payment method will be used that was employed for the original transaction unless expressly agreed otherwise with the customer; in no case will the customer be charged any fees for this reimbursement. emil 1868 GmbH may withhold the reimbursement until emil 1868 GmbH has received the goods back or until the customer has provided proof that the goods have been sent back, whichever is the earlier date. The customer must send the goods back without delay and in any case no later than fourteen days from the day on which emil 1868 GmbH was notified of the revocation of the contract. The deadline is met if the customer sends the goods before the period of fourteen days has expired. The customer bears the direct costs of returning the goods. The customer is only liable for any diminished value of the goods if this diminished value is due to handling of the goods that was not necessary for inspecting their nature, characteristics, and functioning.
No right of revocation exists for:
- Goods that are liable to deteriorate rapidly or whose expiration date is quickly exceeded;
- Goods that are made to the customer’s specifications or are clearly tailored to personal needs;
- Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
7. COMPENSATION FOR DAMAGES
Claims for damages arising from property and financial losses against emil 1868 GmbH are excluded, unless emil 1868 GmbH is guilty of gross negligence or intent. The amount of the compensation claims is limited to the value of the delivered goods (partial goods). emil 1868 GmbH is not liable for pure financial losses. The customer has to prove the existence of gross negligence or intent.
8. WARRANTY
For ordered products, the statutory warranty provisions apply to consumers. The customer must check each delivery immediately for completeness and visible defects upon receipt, and report any detected defects in writing in a detailed manner without delay, but no later than within 10 days, otherwise, any claims will be forfeited. The choice of the warranty remedy lies with emil 1868 GmbH. The assertion of defects does not entitle the customer to the defense of the unfulfilled contract or to change payment terms. Recourse claims according to § 933b ABGB against emil 1868 GmbH are excluded. There is no claim under the title of warranty or compensation for damages for defects caused by the customer, which particularly includes the following:
- Damage resulting from third-party interference
- broken warranty seal
- improper handling
- mechanical damage resulting from handling by the customer
9. References, Links, and Copyright
References and links to external sites are provided for informational purposes only. emil 1868 GmbH does not identify with the content of external sites to which references or links are made. emil 1868 GmbH is liable for linked sites only in accordance with § 17 ECG. If unlawful content is identified on a linked site, emil 1868 GmbH requests notification and will delete the link after verification. Creating links to our website is only permissible with the express written consent of emil 1868 GmbH. emil 1868 GmbH reserves all rights, especially trademark and copyright, to the entire content of this website, in particular to trademarks, logos, texts, graphics, photographs, layout, and music.
10. Prices and Shipping Costs
The prices at the time of the order apply. The stated prices include the statutory VAT according to Austrian regulations and other price components. Price changes and errors are reserved. In addition to the product price, the customer must bear the shipping costs. The shipping costs depend on the quantity of goods ordered, the shipping method, and the delivery destination and will be communicated during the ordering process before the binding order is placed. For products shipped in deposit bottles, the deposit is listed separately. This will be refunded after the return of the deposit bottles to the sender. The organization and costs for the return are to be borne by the customer. The delivery times stated below are non-binding target values from which the customer cannot derive any claims. Deliveries via home delivery are usually made within ten working days after the order is accepted by emil 1868 GmbH. The customer is responsible for accepting the delivery. The customer bears the sole risk that the goods spoil due to their fault. A refund for goods spoiled for this reason is thus excluded.
12. Due Date, Payment Methods, Default, and Retention of Title
The purchase price is due for payment at the time of ordering, unless otherwise stated. Emil 1868 GmbH only accepts the payment methods displayed during the ordering process. Emil 1868 GmbH does not charge any additional fees for any payment methods. For transfers from abroad, the bank may charge transfer fees. The customer generally has the following payment methods available:
Invoice: The invoice amount is due immediately upon receipt of the invoice and must be settled by the customer via bank transfer.
Direct Debit (SEPA Direct Debit): The customer grants Emil 1868 GmbH a SEPA Direct Debit mandate when placing the order. The customer will be informed in the invoice about the date of the account debit (so-called prenotification). The account will be debited four working days after the invoice is sent. The prenotification period for the date of the account debit is four working days.
Credit Card: The customer provides Emil 1868 GmbH with their credit card information, and Emil 1868 GmbH verifies the legitimacy. Immediately after placing the order, emil 1868 GmbH blocks the invoice amount with the credit card company. The final charge to the credit card will occur at the earliest one day after the invoice has been sent. PayPal: The customer will be redirected to the website of the online provider PayPal during the ordering process. To use this payment method, the customer must be registered with PayPal, authenticate with their login credentials, and confirm the payment instruction to emil 1868 GmbH. Immediately after placing the order, emil 1868 GmbH blocks the invoice amount with PayPal. The final charge to the PayPal account occurs no earlier than one day after the invoice is sent. Prepayment: emil 1868 GmbH will provide the customer with the bank details in a separate email and will deliver the goods after the payment has been received. If emil 1868 GmbH does not receive payment within a period of 30 days, the order will be canceled. In the event of default in payment or the emergence of such circumstances in the customer’s economic situation that make emil 1868 GmbH’s claim appear no longer sufficiently secured (initiation of insolvency proceedings or rejection of the initiation due to insufficient assets, granting of execution proceedings due to outstanding payment obligations), emil 1868 GmbH is entitled to declare all outstanding claims immediately due while simultaneously suspending any further deliveries. In the event of default in payment, emil 1868 GmbH is entitled to charge the statutory default interest. Furthermore, the customer must reimburse emil 1868 GmbH for all reminder and attorney costs necessary for appropriate legal prosecution, which are proportionate to the outstanding claim. The customer waives the right to offset. Complaints do not entitle the customer to withhold the invoice amount. All goods are delivered under retention of title. They remain the property of emil 1868 GmbH until full payment of the outstanding claim. In the event of enforcement of the retention of title, the customer hereby authorizes emil 1868 GmbH to take possession of the goods without judicial assistance and grants emil 1868 GmbH free access to the goods at any time for this purpose.
13. Jurisdiction, Applicable Law
For all legal disputes arising, the competent court in A-4910 Ried im Innkreis has jurisdiction. Only Austrian law shall apply. The application of the UN Sales Convention is excluded.