TERMS OF SERVICE
For sales, deliveries and all business transactions with Ladenstein Spirits (DI Lukas Ladenstein, BSc) our following terms and conditions apply expressly and exclusively and only these apply. We do not recognize any terms and conditions of the customer that contradict or deviate from our terms and conditions, unless we have expressly agreed to their validity in writing. Contract fulfillment actions on our part do not count as consent to contractual conditions that deviate from our terms and conditions. These terms and conditions also apply as a framework agreement for all further legal transactions between the contracting parties.
2. Conclusion of the contract
Placing an order represents an offer to conclude a contract (not a legally valid contract).
The actual legally valid purchase contract is only concluded when Ladenstein Spirits sends the ordered product or products to the customer and the dispatch is confirmed with an e-mail (dispatch confirmation).
Only the prices stated on our website apply. The prices listed are subject to change. Typos or technical errors in the pricing are possible. Ladenstein Spirits reserves the right to refuse orders that are based on an error in the pricing.
4. Payment terms
Unless otherwise agreed, the purchase price is due immediately with the order. Payment methods in advance, bank transfer, PayPal and credit card are accepted.
Payments in advance are to be made to the account specified in our invoices without any deductions.
Credit card payments are due on the day of the order.
If payment is not made on time, reminder fees will be charged in the amount actually incurred and documented, but at least EUR 4.00 per reminder.
5. Delivery and default in acceptance
The delivery takes place ex warehouse to the delivery address given by the customer. The costs arising from the transport are to be paid separately and in addition to the product price. Ladenstein Spirits is entitled to make partial deliveries if individual products are not in stock. The customer will be informed in advance by email.
If the delivery option "free shipping in Graz" has been selected and the delivery address given is not in the Graz area, we reserve the right to charge the delivery costs to be passed on to the customer by cash on delivery.
The risk of accidental loss and accidental deterioration of the item sold is in any case transferred to the buyer when the item is handed over to the carrier - even if delivery is free to the destination.
If the customer has not accepted the goods as agreed (default of acceptance), we are entitled to either store the goods with us, for which we charge a storage fee of 0.1% of the invoice amount for each calendar day commenced, or at the customer's expense and risk to store by an authorized tradesman. At the same time, we are entitled to either insist on the fulfillment of the contract or, after setting a reasonable grace period, to withdraw from the contract and sell the goods elsewhere.
6. Delivery time
Ladenstein Spirits is only obliged to perform the service as soon as the customer has fulfilled all of his obligations that are necessary for the execution, in particular all technical and contractual details, preliminary work and preparatory measures.
We are entitled to exceed the agreed dates and delivery deadlines by up to one week. Only after this period has expired, after setting a reasonable grace period, can the customer withdraw from the contract. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next working day.
7. Withdrawal from the contract
In addition to the general legal provisions, we are also entitled to withdraw from the contract in the event of default in acceptance or other important reasons, such as in particular opening of bankruptcy proceedings against the assets of a contractual partner or rejection of a bankruptcy application due to a lack of cost-covering assets. In the event of withdrawal, if the customer is at fault, we have the choice of claiming flat-rate damages of 15% of the invoice amount or compensation for the damage actually incurred.
In the event of default in payment by the customer, we are released from all further performance and delivery obligations and are entitled to withhold outstanding deliveries or services and to request advance payments or securities or - if necessary after setting a reasonable grace period - to withdraw from the contract.
If the customer withdraws from the contract - without being entitled to do so - or if he unjustifiably requests its cancellation, we have the choice of either insisting on the fulfillment of the contract or consenting to the cancellation of the contract; in the latter case, the customer is obliged, at our option, to pay flat-rate damages in the amount of 15% of the invoice amount or the damage actually incurred.
8. Minor changes in services
Minor or other changes to our performance or delivery obligations that are reasonable for our customers are deemed to have been approved in advance. This applies in particular to deviations caused by the item (e.g. in the case of colors, taste, sediments, etc.).
9. Protection of minors
The sale of alcohol to young people under the age of 18 is prohibited by law. Our alcoholic offer is therefore aimed exclusively at adults. With your order you assure us that the person ordering the goods is at least 18 years old.
10. Retention of title
We reserve ownership of the goods until the purchase price has been paid in full.
11. Choice of law, place of jurisdiction
Austrian law applies. The applicability of the UN sales law is expressly excluded. The contract language is German. The Parties agree to Austrian domestic jurisdiction. For the decision of all disputes arising from this contract, the competent court at the registered office of our company has exclusive local jurisdiction.
Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed:
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post or email). You can use the attached model withdrawal form for this purpose, but this is not mandatory.
Consequences of cancellation:
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
End of revocation
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
DI Lukas Ladenstein, BSc
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*)
Ordered on (*) / received on (*)
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only when notified on paper)
(*) Delete where inapplicable.
The statutory warranty regulations apply.
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15. Severability Clause
Should individual provisions of these terms and conditions violate legal provisions or morality and be ineffective for this reason, the remaining points that do not violate the law or morality remain unaffected and the remaining provisions continue to apply.