Wachstum König

Herbert & Karlheinz König GesbR

 

Kittenbergstrasse 25
8451 Heimschuh

+43 664 5046745
servus@wachstumkoenig.at

 

IBAN: AT43 3820 6000 0020 5153

 

WEBSITE by WIX

 

PHOTOS by Herbert König and Fabian Wiederin

 

ILLUSTRATION by Marlene Del Bello

 

LABELS by Martina Kogler

 

1. SCOPE

   1. These general terms and conditions apply to the sale and delivery of goods by Herbert & Karlheinz König GesbR (hereinafter referred to as “Wachstum König”) with the company headquarters and business address at Kittenbergstrasse 25 A-8451 Heimschuh.

   2. The General Terms and Conditions can be changed by Wachstum König at any time and apply in the version current at the time the customer placed the order.

   3. Deviating terms and conditions are not valid, unless Wachstum König has agreed to them in writing or by email before accepting the order.

   4. By placing an order, the customer agrees to these general terms and conditions.

   5. The offer from Wachstum König is subject to change and is only valid while stocks last. Due to the limited quantities of individual goods, there may be a sell-out situation during your online order. In this case we take the liberty of offering you alternative products.

   6. The contract language is German.

2. PRICES AND SHIPPING COSTS

   1. The offered prices of the goods are gross prices in euros per item and include all statutory taxes (VAT) and duties. However, the prices offered do not include any shipping costs.

   2. The binding prices are displayed in the online shop after the correct selection in the shopping cart and, if an order is placed, they are shown in the order confirmation sent in writing (by e-mail) by Wachstum König.

   3. The stated amounts can be unilaterally changed by Wachstum König for future contracts at any time. In the event of typing, printing or calculation errors on the website, Wachstum König is entitled to withdraw from the contract.

   4. The prices are based on the costs at the time of the initial quotation. Should the costs change by the time an order is placed by the buyer, Wachstum König is entitled to adjust the prices accordingly.

   5. Deliveries outside of Austria can only take place if there are no legal or disproportionate logistical obstacles to the delivery.

   6. The buyer bears all shipping costs. The delivery costs are shown in the shopping cart when you order in the online shop, and when you place an order, they are shown in the order confirmation sent by Wachstum König in writing (by e-mail).

   7. From a gross price of EUR 95, - Wachstum König takes on the costs of standard delivery within Austria and from EUR 160, - for delivery to Germany.

   8. Our current terms of delivery and payment are exclusively decisive for the delivery. Deviating agreements are only valid if they are confirmed by us in writing.

   9. In the case of a desired delivery to a non-EEA country, the consumer has to contact Growth König directly in order to inquire about a desired delivery. Contact: Herbert & Karlheinz König GesbR, Kittenbergstraße 25 A-8451 Heimschuh, phone: +436645046745, email: servus@wachstumkoenig.at

   10. Shipping costs overview / shipping countries:

Flat rate shipping costs per order for Austria

Gross price:

AUT       Up to € 94.99      € 8.00

                From € 95.00      € 0.00

Costs including 20% ​​VAT.

Flat rate shipping costs per order for Germany

Gross price of goods

DE          Up to € 159.99     € 15.00

                From € 160.00     € 0.00

Costs including 20% ​​VAT.

 

Flat-rate shipping costs per order from other countries will be charged separately.

1. PAYMENT AND METHODS OF PAYMENT

   1. The purchase price is due upon conclusion of the contract.

   2. Wachstum König accepts the following payment methods / credit cards: Klarna, Visa and MasterCard, Paypal.

   3. When paying by credit card, the goods will only be delivered after the contractual partner Stripe has confirmed that payment has been approved.

   4. If you pay by Sofortüberweisung, you can trigger payment for the ordered goods via your online banking account while you are placing your order. After selecting the Sofortüberweisung payment method in the ordering process, you will be directed to the secure payment form from SOFORT GmbH, Fußbergstraße 1, 82131 Gauting. SOFORT GmbH automatically takes over the payment process without the possibility of inspection by Herbert & Karlheinz König GesbR, which is comparable to a card payment with a PIN. Just as with a card payment, SOFORT GmbH checks the credit limit of your account with an instant transfer and, if there is sufficient funds in your account, makes a transfer to Herbert & Karlheinz König GesbR. In addition, the SOFORT GmbH system checks in about 30 percent of the cases whether previous payments have been booked with Sofortüberweisung in order to rule out systematic fraud. In order to carry out an instant transfer, SOFORT GmbH needs your name, bank code and account number as well as the PIN and a TAN of your online banking account. Only your name, bank code, account number, purpose, amount and date of the transfer are saved, not the credit limit or account balance of your account or past transactions. In the event of a successful transaction, Herbert & Karlheinz König GesbR only receives the automated confirmation in real time from SOFORT GmbH that the transfer has been carried out.

   5. The binding prices are displayed in the online shop after correct selection in the shopping cart and, when an order is placed, they are shown in the order confirmation sent in writing (by email) by Herbert & Karlheinz König GesbR.

2. RESERVATION OF TITLE
   1. Herbert & Karlheinz König GesbR retains ownership of all goods until full payment of the purchase price including ancillary fees.

3. TRANSFER OF RISK

   1. If the entrepreneur sends the goods, the risk of loss or damage to the goods is only transferred to the consumer as soon as the goods are delivered to the consumer or to a third party other than the carrier appointed by him. However, if the consumer himself has concluded the contract of carriage without using a selection option suggested by the entrepreneur, the risk is transferred to the carrier as soon as the goods are handed over. In the absence of any other agreement, the consumer acquires ownership of the goods at the same time as the transfer of risk.

4. TRANSPORT DAMAGE

   1. Herbert & Karlheinz König GesbR guarantees full compensation for damage and impairments that occur during transport under the following conditions: The incoming goods must be checked for correctness and completeness and notified immediately. Any complaints must be confirmed by the transport company.

5. RETURN OF GOODS AND RIGHT OF WITHDRAWAL

   1. Wachstum König is ready until further notice to take back goods purchased from it against reimbursement of the full purchase price under the following conditions: The return must be made within 14 days of the invoice date in the original packaging, undamaged and with presentation of the original invoice. The redemption takes place at the price valid at the time of the original purchase. The purchase price will be reimbursed in the form of a credit note.
      2. If the buyer is a consumer within the meaning of the Consumer Protection Act and he has placed his order via the Internet online shop, he can withdraw from the purchase contract within fourteen days of the day on which the goods are received by the buyer in accordance with Section 11 FAGG. The cancellation period begins as soon as the buyer or a third party named by him has taken over 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 named by him has taken over the last partial shipment, the last goods or the last piece. The day of takeover is not included in the deadline. Saturdays, Sundays and public holidays are included in the calculation of the deadline. To meet the withdrawal deadline, it is sufficient to send the declaration of withdrawal or return the goods in good time.
      In order to exercise your right of withdrawal, you must inform Wachstum König about your decision to withdraw from this contract.
      3. Consequences of cancellation: If you cancel this contract, Wachstum König has to repay payments received from you, including delivery costs, immediately and at the latest within fourteen days from the day on which Wachstum König received notification of your cancellation of this contract. Wachstum König can refuse the repayment until the goods have been received by Wachstum König or until you have provided evidence that you have sent the goods back, whichever is earlier. You have to send back or hand over the goods immediately and in any case no later than fourteen days from the day on which you inform Wachstum König about the cancellation of this contract to Wachstum König, A-8451 Heimschuh, Kittenbergstraße 25. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs as well as the risk of returning the goods. 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 is not necessary to check the nature, properties and functionality of the goods.

6. ORDERS, DELIVERY PERIOD, DELIVERY OBSTACLES, WITHDRAWAL FROM THE CONTRACT

   1. The customer's order constitutes an offer. A contract is only concluded after acceptance by Wachstum König. The customer will be informed of our acceptance by email or phone. If Wachstum König cannot fulfill the customer's order for any reason, the customer will be informed immediately.
      2. Wachstum König accepts orders via the Internet online shop from Monday to Friday from 8 a.m. to 5 p.m. If orders are received outside of the order times, these are only deemed to have been received at the beginning of the order time on the next working day.
      3. When placing the order, the customer has to give an exact place of delivery. The customer is obliged to secure the ordered goods at the specified delivery location. Wachstum König sends the customer a written (including by email) order confirmation with all relevant order data.
      4. The delivery takes place via a shipping partner commissioned by Wachstum König at normal business times.
      5. In the case of non-acceptance of the ordered goods, Wachstum König is entitled to reimburse the additional expenses incurred, such as. frustrated transportation costs. This does not apply if Wachstum König does not provide its services in accordance with the contract.
      6. Orders are accepted subject to delivery options. Wachstum König reserves the right to allocate smaller quantities to the customer if a product is oversubscribed. If circumstances for which Wachstum König is not responsible become impossible, the obligation to deliver on the scheduled delivery date expires. The circumstances for which Wachstum König is not responsible include in particular: Difficulties in obtaining goods or raw materials from third parties, in the event of operational disruptions, traffic disruptions, lockouts and strikes as well as all cases of force majeure. In such cases, Wachstum König will contact the buyer immediately to arrange an alternative date for the delivery that has been prevented. If the buyer is offered a new delivery date by Wachstum König that is no later than two weeks after one of the originally agreed delivery dates, and the delivery is also carried out properly on this new date, a timely delivery by Wachstum König is deemed to have occurred in the sense of the purchase contract .
      7. In the case of divisible services, the buyer has no right of withdrawal with regard to deliverable parts, insofar as parts of the service can be performed and used by the buyer. Under the same conditions, or if the remaining parts can be delivered on time, the buyer is not entitled to refuse to accept partial deliveries.
      8. If the buyer unjustifiably declares that he does not want to adhere to the contract (“cancellation”), and if he agrees to this in writing (by email), then Wachstum König is entitled to 15% of the purchase price as flat-rate compensation for goods in stock ( “Cancellation Fee”). Such termination of the contract is fundamentally excluded for goods that have been ordered. Deviating from this, the statutory right of withdrawal without a cancellation fee in accordance with §§ 5e - 5h of the Consumer Protection Act remain in effect for consumers.
      9. Changes or cancellations of orders by the buyer must be made in writing (post or email). Wachstum König reserves the right to accept declarations in a different form, which then only become effective with a written confirmation by Wachstum König (by email).
      10. Unless otherwise agreed, Wachstum König delivers within 3 to 5 working days after confirmation of the concluded contract.

7. WARRANTY

   1. Complaints based on statutory warranty claims can be submitted to the following address: Herbert & Karlheinz König GesbR, Kittenbergstrasse 25, 8451 Heimschuh Telephone: +436645046745.
      2. Promises, such as about the usability or special properties of the goods, or declarations by the employees of Wachstum König are non-binding and do not represent an express assurance of certain properties if they are not made in writing (by email).
      3. Warranty claims require that defects (e.g. broken wine bottle) are reported to Wachstum König immediately, namely recognizable defects immediately upon acceptance, hidden defects after discovery, and with presentation of the opened goods and the original invoice.
      4. A warranty claim is limited in any case to the purchase price of the delivered and defective goods.
      5. Wachstum König fulfills its warranty obligations at its discretion either by delivery of defect-free goods, improvement, subsequent delivery of shortfalls or reversing the contract (ie repayment of the purchase price) within a reasonable period.
      6. For transactions with consumers within the meaning of the Austrian Consumer Protection Act, the customer can request improvement, replacement of the item, reasonable price reduction or conversion in the event of a defect, at his option and in compliance with the statutory provisions.
      7.Good reasons, customary or minor, technically conditioned deviations in quality, quantity, color, size, weight, equipment or design as well as age-appropriate changes in taste, color and packaging do not constitute warranty defects or non-fulfillment of the contract.
      8. Wachstum König is not liable for the taste, color, material or pattern conformity or other characteristics of conformity of re-ordered goods. The same applies to goods ordered according to samples, provided that the deviation is within the customary and technical limits.

8. LIABILITY FOR DAMAGES

   1. Wachstum König is liable for damage in accordance with the statutory provisions. However, liability for damage caused by slight negligence is excluded. The limitation of liability does not apply to damage resulting from injury to life, limb or health of people and for claims under the Austrian Product Liability Act.

9. YOUTH PROTECTION

   1. The dispensing and delivery of wine and spirits can only be made to people over the age of 18. In order to comply with the legal regulations, Wachstum König is entitled to hand over goods only after they have been legitimized by an official photo ID. In the event of a justified refusal of delivery, the customer is obliged to compensate for the damage actually incurred (e.g. delivery costs).
      2. By placing the order, the customer assures that he or the recipient of the goods is older than 18 years.

10. IT PROCESSING AND CUSTOMER DATA

    1. The buyer agrees that the personal data specified in the purchase contract and disclosed during registration will be stored and processed in compliance with the provisions of the Data Protection Act. These data are used to the extent necessary to meet legal requirements, to process payment transactions, for customer care and marketing purposes. Furthermore, the customer agrees to receive mailings for advertising purposes from Wachstum König. This consent can be revoked at any time by sending an email to Wachstum König (servus@wachstumkoenig.at). Wachstum König does not pass on the data to other companies as part of customer care.

11. OTHER PROVISIONS

    1. If individual provisions of the contract or these general terms and conditions are invalid, this does not result in the invalidity of the entire contract or the entire general terms and conditions. The remaining content of the contract or the remaining general terms and conditions remain unchanged.
       2. The place of performance for both Wachstum König and the buyer is the business address of Wachstum König.
       3. The competent court in Leibnitz has exclusive jurisdiction to resolve all disputes arising in connection with the contractual relationship.
       4. The contract is subject to Austrian law.

Online dispute resolution

The EU Commission has provided an online platform for online dispute resolution under the following link: http://ec.europa.eu/consumers/odr/

Final provisions

Changes and additions to these general terms and conditions as well as all contracts concluded on the basis of them can only be made in writing. This also applies to the departure from the requirement of written form. Should individual provisions of these terms and conditions contradict mandatory statutory provisions, the remaining provisions of these terms and conditions will nevertheless remain valid.

 

Kittenberg, March 2021