Terms and Conditions
of Braugasthof Schmidt - Rabenbräu
Valid from 01.09.2021
Provider: Braugasthof Schmidt GmbH & Co. KG
(hereinafter referred to as "Entrepreneur")
Brauhausplatz 1, 7420 Neustift an der Lafnitz
FN: 511688h
Commercial Court: Regional Court of Eisenstadt
VAT Number: ATU74306226
Member of the Austrian Chamber of Commerce (WKO), Gastronomy and Tourism Division
1. Scope of Application
All deliveries, services, and offers of the Entrepreneur are made exclusively based on these General Terms and Conditions (GTC); conflicting or differing conditions from these GTC will not be recognized unless explicitly agreed upon. Acts of contract fulfillment by the Entrepreneur do not constitute acceptance of terms deviating from these GTC. These GTC mainly regulate the sale of goods, particularly from the areas of whisky, gin, and game products through the Entrepreneur's online shop. For details on each product, please refer to the product description in the webshop.
2. Orders and Conclusion of Contract
2.1 The presentation of goods in the webshop does not represent a binding offer from the Entrepreneur to conclude a purchase contract. The customer is merely invited to submit an offer by placing an order.
2.2 The ordering process involves the following steps:
- a. Selection of the desired goods
- b. Entry of necessary data to create a user account (first name, last name, address, postal code, city, country, email address); if a user account already exists, log in with email and password
- c. Display of pre-contractual information per §5a KSchG and §4 FAGG
- d. Review of shopping cart details
- e. Confirmation by clicking "place binding order"
- f. Final review and, if necessary, correction of entered data
- g. Binding submission of the order
- h. By submitting the order, the customer makes a binding offer for a purchase contract of the goods in the cart. The customer acknowledges the pre-contractual information for consumers and these GTC as binding for the legal relationship.
- i. The customer is redirected to a payment provider to complete the payment.
- j. The Entrepreneur confirms the order via email. This confirmation does not yet represent acceptance of the contract offer. Acceptance is declared by either the delivery of the goods or an explicit acceptance declaration.
3. Right of Withdrawal for Consumers (§11 FAGG)
3.1 Consumers have the right to withdraw from contracts concluded outside the Entrepreneur’s premises or distance contracts within fourteen days.
3.2 The withdrawal period is fourteen days and begins with the day the consumer or a third party (other than the carrier) takes possession of the goods. If multiple goods are ordered and delivered separately, the period begins with the receipt of the last item.
3.3 The withdrawal can be declared electronically using the withdrawal form available at www.rabenbraeu.com.
3.4 If the consumer validly withdraws, the Entrepreneur must refund all payments, including delivery costs, except for additional costs incurred due to a delivery method other than the standard one offered by the Entrepreneur. The consumer must return the received goods and compensate for any loss in value due to improper handling.
3.5 The consumer bears the direct costs of returning the goods.
4. Prices and Shipping Costs
4.1 Prices are displayed next to each product in the shop and include VAT unless otherwise stated.
4.2 Prices do not include shipping. Shipping costs are added to the order and charged according to actual expenses with a reasonable handling surcharge, or the applicable standard rates.
- Orders up to €99.99: shipping within Austria is €11
- Orders over €100: free shipping within Austria
4.3 The Entrepreneur ships only within Austria. Shipping to Germany is available upon request.
5. Payment Terms and Late Fees
5.1 Payments are processed through a payment provider, to which the customer is redirected.
5.2 In case of late payment, the Entrepreneur may claim either actual damages or statutory interest: 4% for consumers, 9.2% above the base rate for businesses.
5.3 The Entrepreneur may also demand compound interest from the date of goods transfer in case of late payment.
6. Collection Fees
The customer agrees to cover the necessary collection fees, including a flat rate of €40 for business transactions per §458 UGB.
7. Acceptance Default
If the customer fails to accept the goods, the Entrepreneur may charge a storage fee of 0.1% of the gross invoice per day or store the goods elsewhere at the customer’s cost and risk.
8. Risk Transfer and Delivery Conditions
8.1 The Entrepreneur delivers within Austria only.
8.2 Delivery occurs after the customer fulfills all obligations.
8.3 Delivery typically occurs within a week after payment.
8.4 The Entrepreneur is entitled to extend delivery dates by up to one week or withdraw from the contract in cases of force majeure.
10. Warranty
Complaints must be made immediately after receipt of goods. The goods must be inspected and stored according to the applicable regulations.
11. Liability
Claims for damages are excluded in cases of slight negligence, except for personal injury. Proof of negligence lies with the claimant.
12. Retention of Title
Goods remain the property of the Entrepreneur until full payment. Third parties must be informed of the Entrepreneur's ownership rights.
For the complete terms, including sections on returns, data privacy, and other legalities, please refer to the full document on our website.