General Terms and Conditions

General Terms and Conditions for shipments after Online-Orders
Ersten Tiroler Latschenölbrennerei, Brüder Unterweger Gesellschaft m.b.H.
9911 Assling, Thal-Aue 13

The company Erste Tiroler Latschenölbrennerei, BRÜDER UNTERWEGER GESELLSCHAFT m.b.H. is hereinafter referred to as Brüder Unterweger (Gesellschaft). The contractual partner of Brüder Unterweger hereinafter referred to as customer. Consumer/client = private person or company.

eCommerce: initiation and conclusion of contracts without the simultaneous presence of both contracting parties.
ECK = Austrian e-commerce law in the current version.
KSchG = Austrian Consumer protection law in the current version.
UGB = Austrian Corporate/Commercial code (UGB) .

I. Application

These terms and conditions shall apply in the course of business between the Brüder Unterweger Gesellschaft and its customers for all transactions, in particular also in the case of remote sales, unless otherwise expressly agreed in writing. The terms and conditions of a customer are not subject to contract, even if the brothers Unterweger Gesellschaft does not expressly exclude it.

II. Offer – Information during conclusion of the contract

All offers are free and do not oblige us to perform. Before submitting an offer via the web shop, the consumer will be informed of the technical steps leading to the conclusion of the contract. The contract text (order confirmation) will be sent to the consumer immediately, but at the latest on the next working day.

III. Pricing

All prices mentioned are, unless expressly stated otherwise, including VAT. Should the costs of wages be changed as a result of collectively agreed regulations in the sector or in - house financial statements, or should other costs relevant for the calculation be made or costs necessary for the calculation, such as those for materials, energy, transports, external work, financing etc Brüder Unterweger is allowed to increase or reduce the prices accordingly. In case of consumer transaction this clause (III.) is not applicable.


IV. Terms of payment




Payment in advance

V. Resignation of the contract

In the event of default of acceptance or other important reasons, such as, in particular, bankruptcy of the customer  or in the event of default of payment by the customer, we shall be entitled to terminate the contract if not fully fulfilled by both parties. In the case of rescission, we have the option, at fault of the customer, to demand a lump sum compensation of 15% of the gross settlement amount or the replacement of the actual damage incurred. In case of default of payment of the customer, we shall be released from all further performance and delivery obligations and shall be entitled to withhold any outstanding deliveries or services and demand advance payments or guarantees or withdraw from the contract after setting a reasonable deadline. If the customer - without being entitled to do so - withdraws from the contract or desires its abolition, we have the choice to insist on the fulfillment of the contract or to agree to the abolition of the contract; In the latter case, the customer is obliged to pay a lump-sum damage compensation of 15% of the gross settlement amount or to pay the actual loss incurred.

The consumer can withdraw from the contract within 14 business days in the case of contracts concluded at a distance (§§ 5a ff Austrian Consumer Protection law), whereby Saturdays do not count as business days. The period begins on the date of receipt of the goods by the consumer or for services with the date of conclusion of the contract. It is sufficient to send the resignation notice in writing (This email address is being protected from spambots. You need JavaScript enabled to view it.) within this period. If, in accordance with this provision, the consumer withdraws from the contract, he shall bear the cost of returning the goods; If a loan has been concluded for the contract, he shall also bear the costs of the necessary authentication of signatures and the charges (fees) for the granting of the loan. In the case of services which are commenced according to the agreement within 14 working days from the date of conclusion of the contract, a withrawal is not possible.

VI. Delivery, transport, risk bearing, deadlines

Our goods shall be sold as "ex works" (Werk = Brüder Unterweger Ges. Assling) with a view to carrying out the risk. Partial deliveries are permitted. Our information on delivery dates is approximate and without obligation. Claims of the customer for damages due to late fulfillment are excluded.

VIII. Place of fulfilment

The place of fulfilment is the place where the company (Brüder Unterweger) is located. (Thal-Aue 13, 9911 Assling, Austria).

IX. Minor Performance changes

If this is not a consumer business, minor or other changes in our service or delivery obligations that are reasonable for our customers shall be deemed to have been approved in advance. This applies in particular to deviations caused by the material (eg dimensions, colors, wood and veneer, grain and structure, etc.).

X. Compensation

All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury or damage to goods purchased for processing. The existence of slight or gross negligence, if it is not a consumer business, must prove the injured party. If the consumer is not a private person, the limitation period for claims for damages shall be three years from the passing of the risk. The provisions on compensation for damages included in or otherwise agreed upon in these terms and conditions also apply if the claim for damages is claimed alongside or instead of a warranty claim.

Before connecting or transporting computer technical products or before installing computer programs, the customer is obligated to secure the data already existing on the computer system sufficiently, otherwise he has to bear responsibility for lost data as well as for all related damages.

XI. Product liability

Claims in the sense of § 12 Product Liability Act are excluded, unless the person entitled to recourse proves that the fault has been caused in our sphere and is at least grossly negligently indebted.

XII. Retention of title and its assertion

All goods are delivered by us under retention of title and remain our property until complete payment. In the assertion of the reservation of title, a withdrawal from the contract shall only be accepted if the latter is expressly declared. When returning goods, we are entitled to charge incurred transport and manipulation charges. In the case of access by third parties to the reserved goods, in particular by attachments, the customer undertakes to notify us of our property and notify us without delay. If the customer is a consumer or not an entrepreneur, whose regular business is the trade with the goods purchased by us, he can not dispose of the reserved goods until full settlement of the open purchase price, in particular not sell, pledge, give or lend. The customer bears the full risk for the reserved goods, in particular for the risk of loss, loss or deterioration.

XIII. Assignment of claim

In the case of delivery subject to retention of title, the customer hereby assigns to us our claims against third parties, insofar as these arise through the sale or processing of our goods, until the final payment of our claims. The customer has to call us and his own customers to inform them in good time of the assignment. The assignment shall be entered in the business books and shall be made visible to the purchaser on delivery notes, invoices, etc. If the customer is in arrears with his payments against us, then the sales proceeds to him shall be segregated and the customer has them only in our name. Any claims against an insurer are already assigned to us within the limits of § 15 Austrian Insurance law. Claims against us may not be assigned without our express consent.

XIV. Retention

If the customer is not a private person, the customer is entitled to withhold the complaint only with a reasonable portion of the gross reimbursement amount, except in cases of reverse processing.

XV. Legal choice of jurisdiction

We apply Austrian law. Austrian law applies. The applicability of the UN purchase right is expressly excluded. The contract language is German. The Parties agree to Austrian domestic jurisdiction. If the consumer is not a private person, the court with jurisdiction at the registered office of our company is solely responsible for resolving all disputes arising from this contract.

XVI. Privacy, change of address and copyright

The customer grants his consent that the personal data contained in the purchase contract in the fulfillment of this contract are stored and processed by us in an automated way.

The customer is obligated to announce changes to his residential or business address as long as the legal transaction is not fully fulfilled. If the notification is omitted, declarations shall also be deemed to have been sent if they are sent to the last notified address.

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