General Terms and Conditions (GTC)

§ 1 Scope

The following General Terms and Conditions (hereinafter “GTC”) apply to all orders placed via the online shop of XERNA GmbH, Steinbach 118, 8642 Gamlitz (hereinafter “XERNA”). The version valid at the time of the conclusion of the contract shall apply.
Customers are:
1. Consumers within the meaning of the Consumer Protection Act (KSchG) as natural or legal persons who are not entrepreneurs, and
2. Entrepreneurs as natural or legal persons as well as legally capable partnerships who act within the scope of their commercial or professional activity.
Unless otherwise stated, the provisions apply to all customers. Deviations, conflicting conditions, or additions shall not become part of the contract, even if known, unless XERNA expressly agrees in writing.

§ 2 Conclusion of Contract

Offers by XERNA are non-binding and subject to change.
By clicking the “Order with obligation to pay” button, the customer submits a binding offer to purchase the goods in the shopping cart.
After receipt of the order, the customer will receive an order confirmation including the invoice by e-mail.
The customer agrees to receive the invoice electronically.

§ 3 Prices and Shipping Costs

The prices offered for the goods are gross prices in euros per piece and include all statutory taxes (VAT) and charges. Packaging and shipping costs are not included in the prices and will be charged separately.
Within Austria, a flat-rate shipping fee applies. For other countries, shipping costs vary depending on the country and order quantity and are displayed during the order process.
Prices and price lists on the website are always non-binding unless otherwise stated. Prices for reorders are also non-binding.
Ownership of the goods remains with XERNA until full payment has been received.

§ 4 Delivery

Only the current delivery and payment terms of XERNA apply.
Delivery is made free to the delivery address provided by the customer (CPT Incoterms 2020). Deliveries are usually made by Austrian Post. Larger orders (pallets) are shipped by freight carrier and must be agreed upon separately.
Delivery times depend on the chosen shipping method, delivery location, and availability of goods. Delivery dates and deadlines are non-binding unless explicitly agreed otherwise in writing.
In case of refusal to accept the ordered goods, XERNA is entitled to claim compensation for any additional expenses incurred, such as wasted transport and storage costs.

§ 5 Payment Terms

The purchase price is due upon conclusion of the contract. Available payment methods are shown during the order process, e.g.:
Prepayment

Credit card
PayPal
EPS-/Sofortüberweisung
Apple Pay / Google Pay

XERNA reserves the right to restrict the choice of payment methods in individual cases.

Delivery only occurs after payment or confirmation of receipt of payment.
Entered payment data are not stored by XERNA but may be stored by the respective payment provider.
Bank details: XERNA GmbH, Raiffeisen Landesbank Steiermark,

IBAN: AT02 3800 0000 0083 4317, BIC: RZSTAT2G

§ 6 Transport Damage

XERNA guarantees full compensation for damages incurred during transport under the following conditions: The delivered goods must be checked immediately for completeness and condition. Damages must be reported in writing within 3 days of receipt, including photos showing the damage.

§ 7 Right of Withdrawal and Returns

(1) If the buyer is a consumer within the meaning of the Consumer Protection Act and has placed the order via the online shop, they may withdraw from the purchase contract within 14 days of receiving the goods in accordance with §§ 11 FAGG. The withdrawal period starts as soon as the buyer or a third party designated by them takes possession of the goods. For contracts involving multiple goods, the period begins upon receipt of the last item. The day of receipt is not included in the calculation. Saturdays, Sundays, and holidays are included. To meet the withdrawal deadline, a timely written declaration or return shipment is sufficient. Withdrawal must be communicated in writing to XERNA.

(2) Goods must be returned in original packaging, undamaged, and with the original invoice. Return shipping costs are borne by the customer unless the goods delivered do not correspond to the order or are defective.

(3) Returns are accepted at the original purchase price. Refunds will be made using the payment method chosen by the consumer.

§ 8 Youth Protection

The sale of wine and other alcoholic beverages is only to persons who have reached the age of 18. By ordering, the customer confirms that they are at least 18 years old. XERNA reserves the right to verify age and refuse delivery in case of doubt.

§ 9 Warranty

(1) The statutory warranty provisions apply.

(2) Warranty claims require that defects (e.g., broken wine bottles) be reported to XERNA immediately and in writing — visible defects upon delivery, hidden defects upon discovery — always with the defective goods and original invoice presented.

(3) In case of defective goods, the customer has the right to repair or replacement. If repair or replacement is not possible or unreasonable, the customer may demand a price reduction or rescission of the contract. Visible defects must be reported in writing within 7 days of receipt.

(4) Taste-related reasons, commercial or minor technical deviations in quality, quantity, color, size, weight, equipment, design, or age-related changes in taste, color, or packaging do not constitute warranty defects or non-fulfillment.

§ 10 Liability

XERNA is liable only for intent and gross negligence. Liability for slight negligence is excluded. Liability for consequential damages, financial losses, lost profits, savings not realized, or loss of interest is excluded.
XERNA is not liable for food intolerances or allergic reactions, as the products comply with applicable wine law.

§ 11 Data Protection

Protection and security of customer data is a priority for XERNA. Customer data is processed only within the legal framework, on a legal basis, and for appropriate purposes, especially to fulfill contractual and legal obligations.
Customers have data protection rights, including access, correction, deletion, restriction, data portability, objection, and complaint. Further information is provided in the privacy policy.

§ 12 Final Provisions

Austrian law applies. The provisions of the UN Sales Convention do not apply. For consumers, this choice of law applies only if it does not deprive them of the protection granted by mandatory law of their habitual residence.
The place of jurisdiction for all disputes arising from transactions subject to these GTC is the competent Austrian court at XERNA’s registered office. For consumers, this only applies if they reside or have their habitual residence or place of employment within this jurisdiction. XERNA reserves the right to sue at the customer’s general place of jurisdiction.
If individual provisions of the contract, including these GTC, are wholly or partially invalid, this shall not affect the validity of the remaining provisions. Invalid provisions shall be replaced by valid ones that come as close as possible to the parties’ intentions.