Destillerie Farthofer

Mag. Josef Farthofer
Mostviertelplatz 6
3362 Öhling
Austria

office@destillerie-farthofer.at
+43 (0) 74 75 / 53 674

– hereinafter referred to as the "Provider" –

and

the users of this platform designated in § 2 of these Terms and Conditions – hereinafter referred to as "Customer/Customers" – shall be concluded.

§ 1 Scope

The business relationship between the Provider and the Customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Any differing terms and conditions of the Customer shall not be recognised unless the Provider expressly agrees to their application in writing.

§ 2 Conclusion of Contract

(1) The Customer may select products from the Provider's range and collect them in a so-called shopping cart using the "Add to cart" button. By clicking the "Order with obligation to pay" button, the Customer submits a binding offer to purchase the items in the shopping cart. Prior to submitting the order, the Customer may view and amend the details at any time.

(2) The Provider will then send the Customer an automatic confirmation of receipt by e-mail, which lists the Customer's order once again and which the Customer can print out using the "Print" function. The Customer's order (1) constitutes the offer to conclude a contract with the respective contents of the shopping cart. The confirmation of receipt (order confirmation) constitutes acceptance of the offer by the Provider. The order confirmation summarises the contents of the order. In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the contract text (consisting of the order, these Terms and Conditions, and the order confirmation) will be sent to the Customer by (e-mail or printed copy). The contract text will be stored in compliance with data protection regulations.

(3) The contract shall be concluded in the German language.

§ 3 Delivery, Product Availability, Payment Terms

(1) Delivery times stated by the Provider are calculated from the time of our order confirmation (§ 2 (2) of these Terms and Conditions), subject to prior payment of the purchase price.

(2) If the product specified by the Customer in the order is only temporarily unavailable, the Provider will also notify the Customer of this without delay. In the event of a delivery delay of more than two weeks, the Customer has the right to withdraw from the contract. In this case, the Provider is also entitled to withdraw from the contract. Any payments already made by the Customer will be refunded without delay.

(3) The following delivery restrictions apply: The Provider only delivers to customers whose habitual residence (billing address) is in Austria or Germany and who can provide a delivery address in Austria or Germany.

(4) The Customer may pay by advance payment or in cash upon collection.

(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the Customer will be in default simply by missing the deadline.

§ 4 Retention of Title

The delivered goods remain the property of the Provider until the purchase price has been paid in full.

§ 5 Prices and Shipping Costs, Right of Withdrawal for Consumers

(1) All prices listed on the provider's website include the applicable statutory value-added tax.

(2) The applicable shipping costs will be communicated to the customer in the order form and are, in principle, to be borne by the customer.

(3) Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the seller's cancellation policy.

§ 6 Liability

(1) Claims by the customer for damages are excluded unless otherwise provided below in this § 6 or mandatorily required by law. Excluded from this are claims by the customer for damages arising from injury to life, body, or health, or from the breach of material contractual obligations (cardinal obligations), as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract.

(2) In the event of a breach of material contractual obligations, the provider shall only be liable for the foreseeable damage typical of this type of contract where such breach was caused by simple negligence, unless the customer's claims for damages arise from injury to life, body, or health.

(3) The limitations set out in paragraphs 1 and 2 also apply in favour of the provider's legal representatives and vicarious agents where claims are brought directly against them.

(4) The provisions of the Product Liability Act remain unaffected.

§ 7 Information on Data Processing

(1) The provider collects customer data in the course of processing contracts. In doing so, the provider observes the applicable statutory provisions in particular. Without the customer's consent, the provider will only collect, process, or use the customer's inventory and usage data to the extent necessary for the processing of the contractual relationship and for the use and billing of telemedia services.

(2) Without the customer's consent, the provider will not use the customer's data for the purposes of advertising, market research, or opinion research.

(3) When customers subscribe to the provider's newsletter, the provider uses the data required for this purpose or separately provided by the customer in order to send them a regular e-mail newsletter. Unsubscribing from the newsletter is possible at any time and can be done either by sending a message via the contact options described in these Terms and Conditions or by using a dedicated unsubscribe link within the newsletter.

(4) Use of cookies: In order to make visits to the provider's website an enjoyable experience and to enable the use of certain features, cookies are used on various pages. These are small text files stored on the customer's device. Some of the cookies used by the provider are deleted at the end of the browser session, i.e. when the browser is closed (so-called session cookies). Other cookies remain on the device and allow the provider to recognise the browser on the next visit (persistent cookies). Customers can configure their browser so that they are informed about the setting of cookies and can decide individually whether to accept them, or they can exclude the acceptance of cookies in certain cases or altogether. Please note that declining cookies may limit the functionality of our website.

(5) Use of Google Analytics for web analysis; This website uses Google Analytics, a web analytics service provided by Google Inc. (www.google.at). Google Analytics uses so-called "cookies" – text files stored on your computer that enable an analysis of your use of the website. The information generated by the cookie about your use of this website is generally transferred to a Google server in the USA and stored there. However, if IP anonymisation is activated on this website, your IP address will be shortened by Google beforehand within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. IP anonymisation is active on this website. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity, and to provide further services to the website operator relating to website and internet usage. The IP address transmitted by your browser in the context of Google Analytics will not be merged with other data held by Google. You can prevent the storage of cookies by adjusting the settings of your browser software; however, please note that in this case you may not be able to make full use of all the features of this website.

You can also prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) by Google, as well as the processing of this data by Google, by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de
As an alternative to the browser plug-in, you can click this link to prevent future data collection by Google Analytics on this website. An opt-out cookie will be placed on your device. If you delete your cookies, you will need to click the link again.

(6) Use of Facebook Plugins; This website uses so-called social plugins ("plugins") from the social network Facebook, operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). The plugins are identified by a Facebook logo or the label "Social Plugin by Facebook" or "Facebook Social Plugin". An overview of the Facebook plugins and their appearance can be found here: http://developers.facebook.com/plugins

When you visit a page on the provider's website that contains such a plugin, your browser establishes a direct connection to Facebook's servers. The content of the plugin is transmitted directly from Facebook to your browser and embedded into the page. Through this integration, Facebook receives the information that your browser has accessed the corresponding page of the provider's website, even if you do not have a Facebook profile or are not currently logged in to Facebook. This information (including your IP address) is transmitted directly by your browser to a Facebook server in the USA and stored there.

If you are logged in to Facebook, Facebook can directly associate your visit to the provider's website with your Facebook profile. If you interact with the plugins – for example by clicking the "Like" button or posting a comment – this information is also transmitted directly to a Facebook server and stored there. The information will additionally be published on your Facebook profile and displayed to your Facebook friends.

For the purpose and scope of data collection and the further processing and use of data by Facebook, as well as your related rights and privacy settings, please refer to Facebook's privacy policy: http://www.facebook.com/policy.php

If you do not want Facebook to directly associate data collected via our website with your Facebook profile, you must log out of Facebook before visiting our website. You can also completely prevent Facebook plugins from loading by using browser add-ons, such as the "Facebook Blocker" (http://webgraph.com/resources/facebookblocker/) or the script blocker "NoScript" (http://noscript.net/).

(7) Customers have the right to receive free information about the data stored by the provider relating to their person, and where applicable the right to have such data corrected, blocked, or deleted. For questions regarding the collection, processing, or use of your personal data, for information requests, corrections, blocking, or deletion of data, as well as the revocation of granted consents or objection to a particular use of data, customers are asked to contact the provider directly using the contact details provided in the legal notice.

§ 8 Final Provisions

(1) Austrian law applies to contracts between the provider and customers.

(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the provider's registered place of business.

(3) The contract shall remain binding in its remaining parts even if individual provisions are legally invalid. Invalid provisions shall be replaced by the applicable statutory regulations, where they exist. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become void.

Cancellation Policy

Right of Cancellation

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 designated by you who is not the carrier, took possession of the last item of goods.

To exercise your right of cancellation, you must notify us of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax, or email).

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising the right of cancellation before the cancellation period has expired.

Consequences of Cancellation

If you cancel this contract, we will reimburse all payments we have received from you, including delivery costs (with the exception of any additional costs arising from your choice of a delivery method other than the least expensive standard delivery offered by us), promptly and no later than 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 expressly agreed otherwise with you; in no event will you be charged any fees for this repayment. We may withhold the repayment until we have received the goods back, or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the fourteen-day period has expired. You bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods if that diminished value is attributable to handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods.