Please read carefully.
Including Data Protection & Privacy Statement
in § 15 (short “T&Cs”)
for Craftwines GmbH
Special terms & conditions apply to companies.
Download Company T&Cs
Welcome to the CRAFTWINES online shop:
Gumpendorfer Strasse 76
Phone: ++43 (1) 39 19 000
§ 1 General
These Terms & Conditions govern your and CRAFTWINES’ contractual rights and obligations arising from your use of the website, your order and/or closing of one or multiple contracts related to CRAFTWINES products (see § 6) on the CRAFTWINES online shop.
(II) If you use the CRAFTWINES website or place an order via the CRAFTWINES online shop, you agree to these T&Cs in the version that is valid at the time of your order. You can always view, print and/or save the T&Cs via a link from the website at www.craftwines.com. Since these T&Cs may change at any time without notice, we recommend reading them every time you use the website or place an order.
§ 2 Questions regarding the CRAFTWINES online shop
Should you have any questions or complaints regarding the CRAFTWINES online shop or CRAFTWINES products (see § 6), such as:
- the functionality of the CRAFTWINES online shop
- the order process in general
- the CRAFTWINES products offered, or
- to return purchased CRAFTWINES products,
please contact CRAFTWINES’ Customer Service at email@example.com
§ 3 Who can order from CRAFTWINES online shop?
(I) The CRAFTWINES online shop asks whether you are a consumer or company according to the EU Consumer Rights Directive.
(II) If you place an order via the CRAFTWINES online shop as a consumer, you expressly declare that you are a consumer and also of legal age. CRAFTWINES reserves the right for the delivery person to hand over the goods only after a successful determination of age and only to the purchaser.
(III) If you are not a consumer, the conditions that apply for companies are listed below. If you are not (i) of legal age or (ii) accepting the T&Cs, please do not place an order via the CRAFTWINES online shop. Otherwise CRAFTWINES reserves the right to refuse or cancel orders already place. In any such cases CRAFTWINES is to be held without blame.
(IV) You also agree to use the CRAFTWINES online shop and the corresponding website only within the designated areas of use. In the case of a legally abusive use of the CRAFTWINES online shop or website, such as unauthorised manipulation, hacking or “denial of service” attacks, incorrect provision(s) of data, unauthorised use of data from third parties, etc., you are liable for damages against CRAFTWINES and can also be subject to penalties according to civil and/or criminal law.
§ 4 Delivery Area
(I) The CRAFTWINES online shop delivers only to shipping addresses within the EU.
(II) This delivery area applies to all CRAFTWINES products (see § 6)
§ 5 Accepted payment methods, payment times and default charges
(I) Currently the CRAFTWINES online shop only accepts payments via the following payment methods:
- American Express
- Diners Club
- Direct bank transfer
In the course of the payment process you will be redirected to the site of our payment service provider, namely mPAY24 GmbH. The operations and processes there are solely within the control and responsibility of the payment service provider and/or the provider of the selected payment method, for which CRAFTWINES can not accept any responsibility.
(II) The price (see § 7) is due upon acceptance of your order by CRAFTWINES. This also applies to any partial deliveries, for which the price is to be paid for each individual part delivered. In “Wine Subscriptions” (see § 6), the “subscription” service fee per delivery period will be due in advance (see § 7). Until payment is complete, all products and services remain the property of CRAFTWINES.
(III) In case of delayed payments (e.g. because your credit card has insufficient funds), you have to pay interest at the rate of 9% per year. Moreover, CRAFTWINES is entitled to charge you any costs for the collection of receivables. CRAFTWINES charges a lump sum of EUR 60,- for each payment reminder. The amount increases by an additional EUR 50,- to EUR 110,- in cases where the outstanding claim exceeds EUR 300,-. If CRAFTWINES needs to hire a debt collection agency, the costs you will be charged are no more than amount stated in the regulation governing maximum rates for debt collecting institutions (BGBI. No. 141/1996 in its current version). In case CRAFTWINES is required to appoint a lawyer, you will be charged EUR 50,- for each extrajudicial legal reminder, as long as these costs are reasonable and necessary to appropriate legal action. In case an address tracing service is required, the associated costs will be charged separately with a lump sum of EUR 45,-.
§ 6 Order process and closing contract on CRAFTWINES products
(I) Orders can be placed in the languages indicated in our online shop by clicking on the language selection on the top right of the page.
(II)The individual technical steps that lead to your order are as follows:
You can browse the CRAFTWINES online shop – in some circumstances by using the search function – and select wines, wine subscriptions, event and/or tour tickets (individually or collectively “CRAFTWINES product”) with corresponding product details (including any subscription terms, such as minimum period and termination), among others the attributable gross price;
The CRAFTWINES product you select by clicking is placed in the “shopping cart” of the CRAFTWINES online shop; this is repeated until you have finished selecting CRAFTWINES products;
By clicking on the “shopping cart” button you get to a page where you – if they are not already logged into your account – enter your shipping details (see § 8) and select the method of payment (see § 5). All CRAFTWINES products you have selected will then be displayed with appropriate information, especially attributable gross prices, possible delivery and packaging costs (see § 9), and the total order price, any detailed wine subscription and/or event conditions, so you any can locate and amend incorrect entries;
If all your entries are correct, confirm your order by clicking the “Place Order” button and by checking the box to “I’ve read and accept the T&Cs”;
You are then redirected to the page of our payment service provider (see § 5);
Upon successful completion of payment you will receive a confirmation – both on the website and by e-mail – that your order has been technically received by the CRAFTWINES server. The confirmation e-mail also contains the Terms & Conditions, including the order cancellation form. For the actual contract completion related to CRAFTWINES products see paragraph 3 below;
You can view the content of your orders in the CRAFTWINES online shop after logging into your account and clicking on “My Orders”.
(III) The contract between you and CRAFTWINES only comes into effect when CRAFTWINES has accepted your order (legally “Offer”). CRAFTWINES will accept your order by sending you a confirmation – to the e-mail address provided during the order process (see § 8) – that the delivery of the respective CRAFTWINES products ordered have been requested. Once CRAFTWINES has sent the shipping notification to the aforementioned e-mail address, the contract comes into effect.
(IV) CRAFTWINES can not guarantee the availability of all CRAFTWINES products on display in the CRAFTWINES online shop. If it turns out, after the receipt of your order, that a CRAFTWINES product you ordered is (temporarily) out of stock or otherwise not available, CRAFTWINES will inform you via email and no contract will come into effect.
§ 7 Prices
(I) The contract for CRAFTWINES products comes into effect with the price in EUR, which was specified and valid on the day of your order (see § 6 paragraph 2) in the CRAFTWINES online shop. Prices stated in catalogues, brochures, price lists, etc. are not binding. The prices for wine subscriptions are displayed for each each billing period / each delivery, and, in case the total costs cannot reasonably be calculated in advance, the price calculation method is provided.
(II) The (total) price is composed of the order value, any packing and shipping costs (see § 9) and the applicable sales tax. The offered prices for CRAFTWINES products are gross prices and include all applicable taxes and fees.
(III) For deliveries outside of Austria, additional duties and/or charges may apply, including any import or export duties and any excise duties, which may lead to a change in the offered gross prices. Such duties and/or charges at the statutory rate are carried by the buyer. Deliveries outside Austria can also only take place if the delivery is not contrary to legal or disproportionate logistic barriers.
(IV) Discounts or bonuses are conditional to the receipt of a full payment; in case of partial contract cancellations (see § 10), and in the overall view loss of the prerequisite for discounts and bonuses, the corresponding discounts and bonuses become invalid.
§ 8 Your account, your password and security
(I) To place an order via the CRAFTWINES online shop, you can create a full account which will pre-fill the available date for any future order, when you are logged into your account. You do not need to create a full account with your data in order to place an order; you can also do this as a “guest” – and therefore without account – though, in this case and for every subsequent order, you will be required to re-enter all data needed in order to process and fulfil the order.
(II) You have to ensure that the email address you provide is correct so that the e-mails sent by CRAFTWINES to this address can be received at any time. Especially when using spam filters you are to ensure that CRAFTWINES e-mails can be delivered. You commit to notify CRAFTWINES immediately upon any change of your e-mail address. CRAFTWINES will send legally relevant statements to the last known e-mail address. Thus delivery is considered accomplished in case you have changed your e-mail address without updating CRAFTWINES accordingly.
(III) Please keep your log-in information and your password carefully and safely. Do not give your log-in information or password to anyone else to pass on! Should this nevertheless happen, you obligated to complete all so placed orders as though you had placed them yourself.
§ 9 Delivery, packing and shipping, invoice and shipment verification
(I) The delivery of CRAFTWINES products takes place exclusively from CRAFTWINES’ central warehouse as the place of fulfilment, to the shipping address provided by you. Use and risk are transferred to you as soon as the CRAFTWINES products have been delivered to you or to a third party different from the transporter.
(II) Compliance with the legal provisions relating to age verification or transfer of alcoholic drinks within the framework of safeguarding the statutory age limits and protection of minors is the responsibility of the respective transporter of the products (CRAFTWINES uses the Austrian Post and its local partners in the EU) to your delivery address.
(III) The shipping costs depend on the quantity ordered and the shipping destination. A table of the current shipping costs from the CRAFTWINES online shop is available at the following link: https://craftwines.com/en/shipping-costs/. The CRAFTWINES products you purchase are generally delivered to standard shipping terms during normal business hours. If the customer is not encountered at the delivery location, the designated procedure of the respective delivery partner for your location becomes valid.
(IV) The possible packaging costs depend on the quantity ordered and (if option provided) the type of packaging selected. A table of the current packaging costs costs is available at the following link: https://craftwines.com/en/shipping-costs/.
(V) The applicable packaging and shipping costs for your specific order are displayed separately in the “shopping cart” of the CRAFTWINES online shop before submitting your order.
(VI) You will receive the respective CRAFTWINES invoice via e-mail to the e-mail address provided by you during the ordering process.
(VII) To process your order as efficiently and quickly as possible, we ask you to open every shipment immediately after receipt and check for completeness and any possible damage. CRAFTWINES is grateful if you would direct any complaints as soon as possible to the contact address of CRAFTWINES provided at the top of these T&Cs. This is a merely a request by CRAFTWINES; your statutory warranty rights (see § 12) remain unaffected.
§ 10 Cancellation
(I) As a consumer, in terms of consumer protection rules, you have the fundamental right to cancel each contract from the CRAFTWINES online shop within fourteen days without giving reason – for possible exceptions to the right of withdrawal, see paragraph 10. If you have ordered several CRAFTWINES products in combination at a flat rate, you can exercise your cancellation right only related to the entire combination of CRAFTWINES products ordered.
(II) Your fourteen-day cancellation period begins:
with the date on which you, or any third parties named by you that are not the transporter, have obtained possession of the CRAFTWINES product(s),
in case you ordered multiple CRAFTWINES products as part of a single order, but that are delivered separately, on the day that you, or any third parties named by you that are not the transporter, have obtained possession of the last product(s) as part of that order,
for wine subscriptions on the date on which you, or any third parties named by you that are not the transporter, have obtained possession of the first product delivered as part of the subscription,
for event and tour tickets in principle with the date of the contract (see § 6), but see exceptions to any right of withdrawal in paragraph 10.
(III) The day you obtain possession of CRAFTWINES product(s) is not included in the cancellation period. Saturdays, Sundays and holidays, however, do count towards calculating the cancellation deadline. To meet the deadline it is sufficient to send a timely, relevant and clear statement.
(IV) If you wish to withdraw from a contract (see possible exceptions from the right of withdrawal in paragraph 10), you must inform CRAFTWINES by way of an unambiguous declaration (e.g. by letter or e-mail) of your decision to cancel the contract. For this purpose you can use the sample cancellation form available in the appendix to these T&Cs without being obliged to do so. In any case, your cancellation notice is to be delivered to CRAFTWINES via the contact details provided at the top of these T&Cs.
(V) In the case that CRAFTWINES did not comply with its duty to inform you about your cancellation rights in accordance with consumer protection rules and/or in accordance with the Austrian Distance Selling Act ( “FAGG”), the fourteen-day period to exercise your right of withdrawal shall be increased to twelve months from the dates mentioned above. Should CRAFTWINES (belatedly) comply with its information duties within this extended period, the fourteen-day withdrawal period starts from the day when CRAFTWINES provided you with the necessary information; in this case, the twelve-month period no longer applies.
(VI) If you have exercised your cancellation right, you must return the affected product(s) immediately and in any case within fourteen days (dispatch) to the following address after you having informed CRAFTWINES of your cancellation: Wein-Lagerlogistik GmbH, Heidehofweg 9 , 7111 Parndorf, Austria. The cost and risk for the return of the CRAFTWINES products are carried by you.
(VII) Any goods you return in this way to CRAFTWINES, have to be in the same condition and in the same packaging in which you have received them. You can open the product packaging for viewing and verification purposes – but not the wine bottle as such – but all returned goods must be undamaged and properly packaged. In case any goods have been damaged and/or not properly packaged, CRAFTWINES deserves a compensation for the resulting reduction in the trade value, provided that such value reduction is not due to the handling of the product and/or packaging that is required in order to examine condition, characteristic and/or proper functioning of the goods in question. The opening of wine bottles and similar activities eliminate any cancellation (see paragraph 10).
(VIII) CRAFTWINES will refund the payments that you made for returned items including shipping costs (except for any additional costs arising from you having chosen a more expensive type of delivery than the default delivery offered by CRAFTWINES) as soon as possible, at the latest fourteen days after CRAFTWINES received your declaration of cancellation. For the refund, CRAFTWINES uses the same method of payment that you used for your original payment. CRAFTWINES will not charge you any fees for the refund. If you only return part of your purchase, you are only entitled to a refund of the appropriate pro rata purchase price. But if you have ordered multiple goods in combination for a lump sum, you can exercise your cancellation only for the entire combination of merchandise. CRAFTWINES reserves the right to refuse refund payments until the arrival of the return shipment or you have provided CRAFTWINES with proof that the return shipment has been dispatched; whichever comes first.
(IX) If for whatever reason you have no cancellation right (anymore) – e.g. after the end of the cancellation period or due to exceptions referred to in paragraph 10 – you have to bear the costs of the return shipment and any renewed delivery.
(X) You have no right to cancel contracts for
CRAFTWINES products that are made to your specifications or clearly tailored to your personal needs,
CRAFTWINES products that can spoil quickly or whose expiration date will pass quickly,
CRAFTWINES products, especially wines, which are delivered sealed and where the seal was removed after delivery, and/or
Event tickets and other services rendered in connection with leisure activities, provided that a specific date or time period is planned as part of the contract fulfilment by CRAFTWINES.
§ 11 Cancelling wine subscriptions
Wine subscriptions may be terminated based on the conditions listed for the respective subscription in the CRAFTWINES online shop.
§ 12 Warranty rights
(I) You have statutory warranty rights, which are normalised in § 923 to § 933b of the Austrian Civil Code (ABGB).
(II) Product illustrations in the CRAFTWINES online shop do not always match the actual appearance of CRAFTWINES products delivered. Especially product range renewals can cause changes in the appearance and the equipment of goods. Your warranty rights do not exist in so far as the CRAFTWINES products are otherwise consistent with their description and such minor changes will therefore be considered reasonable.
(III) CRAFTWINES carries the costs for returning goods that have a warranty defect. Please list the deficiencies in detail in a letter accompanying the returned goods. Defects without returning the goods can not be considered by CRAFTWINES. Returns should be sent to the following address, accompanied by the description of defects: Wein-Lagerlogistik GmbH, Heidehofweg 9 , 7111 Parndorf, Austria. For justified complaints, you will receive a free renewed delivery of the previously ordered, equivalent or a higher-value CRAFTWINES Product.
§ 13 Damages
(I) Should you or CRAFTWINES sustain damage because the other party breaches a contractual obligation, the offending party shall pay any compensation under the legal conditions.
(II) The same applies to CRAFTWINES related to your potential claims under the Product Liability Act.
(III) All instruction on CRAFTWINES product packaging and CRAFTWINES product inserts must be observed.
§ 14 Online dispute resolution
The European Commission has provided an online platform for online dispute resolution under the following link: http://ec.europa.eu/consumers/odr/. However, CRAFTWINES is not required to participate.
§ 15 Data protection
(I) You can visit the CRAFTWINES online shop as well as the website without having to provide any personal information.
(II) Even in cases when your visit to the CRAFTWINES online shop originated by clicking a link in an e-mail, CRAFTWINES will only store and process access data without personal reference.
(III) CRAFTWINES collects, stores and processes customer data for
(1) processing orders,
(2) processing purchase contracts,
(3) the handling of possible warranty claims and inquiries/complaints and for
(4) promoting the company CRAFTWINES in relations to CRAFTWINES’ own product range.
(IV) CRAFTWINES will disclose your personal information only to authorised service providers as part of the execution of a sales contract, order or similar. In this matter CRAFTWINES complies with the provisions of the Austrian Data Protection Act ( “DSG”) and these service providers will treat your personal data confidentially and not disclose to third parties or use it for their own purposes.
Right to information
(1) According to § 26 DSG you have a right to access all personal data CRAFT WINES has saved and a right to rectification, or deletion of your personal data.
(2) You can exercise your right to information in accordance with § 26, section 6 DSG.
If you have signed up separately to receive electronic updates and offers, CRAFTWINES will also use your e-mail address for the purpose of promoting CRAFTWINES’ own products and services until you unsubscribe from this service.
You can unsubscribe from receiving e-mail updates and offers at any time.
– Tracking Cookies: analysing user behaviour on the site and the shop
– Analysis Cookies: cookies for counting users or for creating other analysis
– Authentication Cookies (when the user gives permission to stay signed on)
You may delete already saved Cookies in your browser settings.
(1) The session Cookies used are deleted immediately after you close your browser.
Your payment details are encrypted for transfer over the Internet during the order process. We secure our website and other systems through technical and organisational measures against loss, destruction, access, modification and distribution of your data by unauthorised persons.
You should always keep your access data (log-in information and/or password) confidential, and close the browser window every time you are done browsing the CRAFTWINES online shop. This is especially important if you are using your device not on your own or if other people have access to your device.
Contact for privacy and withdrawal of consent
(1) For questions regarding the collection, processing or use of your personal data, as well as for information, corrections, blocking or deleting your personal information and to revoke your approval given to use and store your data, please contact: firstname.lastname@example.org
§ 16 Final provisions
(I) Only the representational T&Cs apply. Any of your own (purchasing) conditions or similar do not apply as long as they have not been approved in writing by CRAFTWINES.
(II) The contractual relationship between you and CRAFTWINES is governed by Austrian law under exclusion of the UN sales law and conflict-of-law rules, leaving untouched more favourable provisions of your habitual country of residence.
(III) Should any individual provisions of these T&Cs be invalid or unenforceable or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, a valid and enforceable provision shall take its place whose impact comes closest to the economic objectives that the contractual parties have pursued with the invalid/unenforceable provision. The above provisions shall apply mutatis mutandis in the case the T&Cs turn out to be incomplete.
In case you wish to cancel the contract, please fill out the contract cancellation form and send it to us.