Scope of Application

1. These General Terms and Conditions apply to the sale and delivery of goods by Brüder Gross GmbH, with its registered office and business address at Ratsch 26, 8461 Ehrenhausen an der Weinstraße, Austria.

2. Brüder Gross GmbH reserves the right to amend these Terms and Conditions at any time. The version valid at the time of the customer’s order shall apply. The version available on the website at the time of the order is authoritative. Previous versions shall cease to apply to future orders once replaced.

3. Any deviating terms and conditions shall not be valid unless Brüder Gross GmbH has expressly agreed to them in writing or by email prior to accepting the order.

4. By placing an order, the customer agrees to these Terms and Conditions.

5. All offers by Brüder Gross GmbH are non-binding and valid only while stocks last. Due to limited quantities of certain products, items may sell out during the online ordering process. In such cases, we reserve the right to offer alternative products.

6. The contract language is German.

Prices and Shipping Costs

1. All prices are quoted in euros as gross prices per unit and include all applicable taxes (including VAT) and duties. Shipping costs are not included unless stated otherwise.
2. Price changes for future orders are reserved. For completed contracts, the prices valid at the time of the order apply. Customers will be informed in advance in writing; they then have the right to withdraw from the contract. Brüder Gross GmbH reserves the right to withdraw in the event of typographical, printing, or calculation errors on the website.
3. Prices are based on costs at the time they are first quoted. If costs change before an order is placed, Brüder Gross GmbH reserves the right to adjust prices accordingly.
4. Deliveries outside Austria are only possible where no legal or disproportionate logistical obstacles exist.
5. All shipping costs are borne by the buyer. Shipping costs are displayed in the online shop during checkout and confirmed in the order confirmation sent by Brüder Gross GmbH (via email).
6. Free standard shipping applies as follows: 
   – Within Austria: from EUR 99 gross order value
   – To Germany: from EUR 199
   – To Italy: from EUR 299
7. Deliveries are subject exclusively to our current delivery and payment terms. Any deviations require written confirmation.
8. Shipping Costs can be quickly and easily determined in the shopping cart by entering the delivery address. Depending on the shipping zone, as well as on the quantity or weight of the order, the costs are automatically calculated and shown separately before the order is completed. All prices include 20% VAT as well as any fuel surcharges, if applicable.
9. Shipping Countries
   We deliver to the following countries:
   – Zone 1: Austria, Germany
   – Zone 2: Belgium, Italy, Croatia, Luxembourg, Netherlands, Slovakia, Slovenia, Czech Republic, Hungary
   – Zone 3: Denmark, Finland, France, Poland, Sweden
   – Zone 4: Estonia, Greece, Ireland, Latvia, Lithuania, Malta, Portugal, Romania, Spain
10. If you wish to have the goods delivered to a non-EEA country, please contact Brüder Gross GmbH in advance to request delivery. Contact: Brüder Gross GmbH, Ratsch 26, 8461 Ehrenhausen an der Weinstraße, Austria, Telephone: +43 664 1450300, E-mail: office@flein.net.

Payment Terms

1. The purchase price is due upon conclusion of the contract.
2. Ownership of the goods remains with Brüder Gross GmbH until full payment has been received.
3. Accepted payment methods: advance payment, Visa, MasterCard, Apple Pay, Google Pay.
4. Advance payment: goods are shipped only after payment is received (IBAN: AT622081500006229330, BIC: STSPAT2GXXX).
5. Card/Apple Pay/Google Pay: shipment occurs after payment authorization via Stripe, Inc.
   
   

Transfer of Risk

1. Unless otherwise instructed, Brüder Gross GmbH determines the shipping method and route on behalf of the buyer. For consumers: risk transfers upon delivery to the customer or a designated third party For businesses: risk transfers when goods are handed over to the carrier. Delivery is at the buyer’s risk and expense.
2. For collection, risk transfers upon handover; collection is at the buyer’s risk and expense.
   
   

Transport Damage (Consumers)

1. Brüder Gross GmbH provides full compensation for transport damage provided that: Goods are checked immediately upon receipt. Any damage is confirmed by the carrier.
   
   

Returns and Right of Withdrawal

1. Brüder Gross GmbH accepts returns (revocable at any time) under the following conditions: (a) Within 14 days of invoice date. (b) Goods unused, undamaged, and in original packaging. (c) Original invoice provided. Refunds are issued as store credit. Return shipping costs are borne by the buyer.
2. If the buyer is a consumer within the meaning of the Consumer Protection Act and has placed their order via the online shop, they may declare their withdrawal from the purchase contract within fourteen days from the day on which the goods are received by the buyer, in accordance with §§ 11 FAGG. The withdrawal period begins as soon as the buyer or a third party designated by them has taken possession 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 them has taken possession of the last partial shipment, the last good or the last item. The day on which possession is taken is not included in the calculation of the period. Saturdays, Sundays and public holidays are included in the calculation of the period. To comply with the withdrawal period, it is sufficient to send the withdrawal declaration or return the goods in good time.
3. To exercise your right of withdrawal, you must inform Brüder Gross GmbH of your decision to withdraw from this contract.
4. Consequences of withdrawal: If you withdraw from this contract, Brüder Gross GmbH must reimburse you for all payments received from you, including delivery costs, without undue delay and at the latest within fourteen days from the day on which notice of your withdrawal from this contract was received by Brüder Gross GmbH. Brüder Gross GmbH may withhold reimbursement until the goods have been received by Brüder Gross GmbH or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to Brüder Gross GmbH, Ratsch 26, 8461 Ehrenhausen an der Weinstraße, without undue delay and in any event no later than fourteen days from the day on which you inform Brüder Gross GmbH of the withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired. You will receive the return label from Brüder Gross GmbH. You 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 was not necessary for checking their quality, properties and functioning.
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Orders, Delivery, and Cancellation

1. The customer’s order constitutes an offer. A contract is concluded only after acceptance by Brüder Gross GmbH. The customer will be informed of our acceptance by email or by telephone. If Brüder Gross GmbH is unable to fulfill the customer’s order for any reason, the customer will be informed without delay.
2. Brüder Gross GmbH accepts orders via the online shop from Monday to Friday between 08:00 and 16:00. If orders are received outside these ordering hours, they shall be deemed received only at the beginning of the ordering period on the next working day.
3. When placing an order, the customer must specify an exact delivery location. The customer is obliged to ensure that the ordered goods are available at the stated delivery location. Brüder Gross GmbH shall provide the customer with a written order confirmation, including by email, with all relevant order data.
4. Delivery is carried out by a shipping partner commissioned by Brüder Gross GmbH during ordinary business hours.
5. In the event of refusal to accept ordered goods, Brüder Gross GmbH shall be entitled to demand reimbursement of the additional costs thereby incurred, such as transport costs. This shall not apply if Brüder Gross GmbH does not perform its services in accordance with the contract.
6. Acceptance of orders is subject to delivery availability. Brüder Gross GmbH reserves the right, in the event of overselling of a product, to allocate smaller quantities to customers. If delivery or compliance with an agreed delivery deadline becomes impossible due to circumstances for which Brüder Gross GmbH is not responsible, the obligation to deliver on the intended delivery date shall lapse. Circumstances for which Brüder Gross GmbH is not responsible include, in particular: difficulties in obtaining goods or raw materials from third parties, operational disruptions, traffic disruptions, lockouts and strikes, as well as all cases of force majeure. In such cases, Brüder Gross GmbH will contact the buyer without delay in order to agree on a replacement date for the prevented delivery. If Brüder Gross GmbH offers the buyer a new delivery date that is no later than two weeks after one of the originally agreed delivery dates, and delivery is duly made on this new date, delivery by Brüder Gross GmbH shall be deemed timely within the meaning of the purchase contract.
7. In the case of divisible services, the buyer shall have no right of withdrawal in respect of deliverable parts, insofar as parts of the service can be fulfilled and used by the buyer. Under the same conditions, or if the remaining parts can be delivered subsequently in good time, the buyer shall not be entitled to refuse acceptance of partial deliveries.
8. Changes to or cancellations of orders by the buyer generally require written form (by email). Brüder Gross GmbH reserves the right to accept declarations in another form, which shall then become effective only upon written confirmation by Brüder Gross GmbH (by email).
9. Unless otherwise agreed, Brüder Gross GmbH delivers within 3 to 5 working days after confirmation of the concluded contract.

 

Warranty

1. Complaints based on statutory warranty claims may be submitted at the following address: Brüder Gross GmbH, Ratsch 26, 8461 Ehrenhausen an der Weinstraße, telephone: +43 664 1450300.
2. Assurances, such as regarding the usability or special characteristics of the goods, or statements made by employees of Brüder Gross GmbH, are non-binding and do not constitute an express guarantee of specific characteristics unless made in writing (by email).
3. Warranty claims require that defects (for example, a broken wine bottle) are reported to Brüder Gross GmbH without delay, namely recognizable defects immediately upon receipt, hidden defects upon discovery, and together with the opened goods and the original invoice.
4. In any case, a warranty claim is limited to the purchase price of the delivered defective goods. This does not apply vis-à-vis consumers within the meaning of the Consumer Protection Act.
5. Brüder Gross GmbH shall, at its discretion, fulfill its warranty obligations either by delivery of goods free from defects, repair, subsequent delivery of missing quantities, or rescission of the contract (i.e. refund of the purchase price) within a reasonable period.
6. For transactions with consumers within the meaning of the Austrian Consumer Protection Act, in the event of a defect the customer may, at their choice and in compliance with the statutory provisions, demand repair, replacement of the item, an appropriate price reduction, or rescission.
7. Reasons of taste, customary or minor technically caused deviations in quality, quantity, color, size, weight, equipment, or design, as well as age-related changes in taste, color, and packaging, do not constitute defects for warranty purposes or non-performance of the contract.
8. Brüder Gross GmbH shall not be liable for matching taste, color, material, or pattern, or any other matching characteristics, of reordered goods. The same applies to goods ordered by sample, insofar as the deviation remains within customary commercial and technical limits.

 

Liability for Damages

1. Brüder Gross GmbH is liable for damages in accordance with the statutory provisions. However, liability for damages caused by slight negligence is excluded. This limitation of liability does not apply in cases of intent, gross negligence, damage to life, body, or health, or under the Product Liability Act.

 

Protection of Minors

1. Wine and spirits may only be sold and delivered to persons over 18 years of age. In order to comply with legal requirements, Brüder Gross GmbH is entitled to hand over goods only after verification by an official photo ID. In the event of a justified refusal to hand over the goods, the customer shall be liable to compensate for the actual damage incurred (e.g. delivery costs).
2. By placing the order, the customer confirms that they, or the recipient of the goods, is over 18 years old.

Data Processing and Customer Data

1. The buyer agrees that the personal data stated in the purchase contract and disclosed during registration may be stored and processed in compliance with the provisions of the Data Protection Act. These data will be used, to the extent necessary in each case, for compliance with legal obligations, payment processing, customer service, and marketing purposes. Furthermore, the customer agrees to receive promotional communications from Brüder Gross GmbH and Veronika Mitteregger / Flein. This consent may be withdrawn at any time by email to Brüder Gross GmbH, office@flein.net.
2. Further information on data processing, in particular on the rights of data subjects under the General Data Protection Regulation (GDPR), is available in our privacy policy.  

Miscellaneous Provisions

1. If any individual provisions of the contract or of these General Terms and Conditions are invalid, this shall not affect the validity of the entire contract or of the General Terms and Conditions as a whole. The remaining contents of the contract or the remaining General Terms and Conditions shall remain unchanged.

   The place of performance for both Brüder Gross GmbH and the buyer shall be the business address of Brüder Gross GmbH.

   The contract shall be governed exclusively by the law of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods.

   Information pursuant to § 4 para. 1 no. 12 FAGG: Consumers may make use of a consumer arbitration body for the out-of-court settlement of disputes. We are neither obliged nor willing to participate in such a procedure. www.verbraucherrecht.at