General Terms and Conditions
(1) All deliveries and services of the Primus Winery, hereinafter referred to as WP, based on online orders via the Internet or other online services are subject to these Terms and Conditions. Any deviating and/or supplementary agreements require the express consent of the WP as well as the written form; this shall also apply to any waiver of the written form requirement.

2. the WP shall, as far as possible, comply punctually with agreed or stated delivery times. If these are exceeded by more than six weeks, the Customer shall have the right to set a period of grace with the indication that it will refuse acceptance of the object of purchase after expiry of the period. This grace period must be at least one month. If an agreement on a new delivery date is then not reached, the customer may withdraw from the contract by written declaration after expiry of the grace period. If, in the event of delay or impossibility, the purchaser claims compensation for non-performance, this shall be limited to a maximum of 5% of the purchase price in the event of slight negligence and shall only include compensation for direct damage, i.e. in particular not compensation for lost profit or other indirect damage. Further claims of the purchaser – in particular for delivery – are excluded.

3. The risk shall pass to the Customer as soon as the goods have been handed over to the carrier and have left the warehouse. This shall also apply if the WP has assumed the transport costs. The Customer shall lodge complaints regarding transport damage directly with the transport company within the time limits provided for this purpose. In the case of shipments by the Customer to the WP, the Customer shall bear any risk, in particular the transport risk, until the arrival of the goods at the WP in 8471 Spielfeld.

4. invoices from the WP are due immediately and payable without any deduction. From the 30th day after the invoice date, the WP shall be entitled to demand default interest from the WP in the amount of 3% above the respective discount rate of the house bank, unless the WP proves higher default interest or the Buyer proves a lower charge to the WP, without the need for a prior reminder. Cheques shall only be accepted on account of payment. Any charges shall be borne by the Customer. Offsetting shall only be permissible with undisputed claims or claims that have been legally established by a court of law. The customer may only assert a right of retention insofar as it is based on the same contractual relationship.

5. Complaints regarding the scope of delivery, material defects, incorrect deliveries and deviations in quantity must be made in writing immediately, at the latest, however, within one week after receipt of the goods, insofar as these can be determined by reasonable examination. The warranty period is six months from receipt of the goods. In the event of justified complaints, the WP shall deliver missing quantities and, subject to exclusion, shall, at its discretion, exchange the goods, take them back or grant the Buyer a price reduction. If, in the event of exchange of the goods, the second replacement delivery is also defective, the Buyer shall be entitled to rescission or reduction of the purchase price. The warranty for defects in equipment is limited to rectification. 6.

6. the object of purchase shall remain the property of WP until settlement of the claims due to WP on the basis of the contract.

The reservation of title shall also remain in force for all claims which the WP subsequently acquires against the Buyer in connection with the object of purchase, e.g. due to repairs as well as other services. For the duration of the retention of title, the Buyer shall be entitled to possession and contractual use of the object of purchase as long as the Buyer meets its obligations under the retention of title and its obligations under the business relationship in due time. The Customer shall be obliged to provide WP with all information required in the context of a pursuit of rights arising from the agreed retention of title.

7. all prices in the store for end consumers include VAT in euro. The prices refer only to deliveries within Austria. The WP does not guarantee the availability of the products. Subject to possible errors in prices, illustrations or texts. Offer without engagement !

8. the WP is entitled to collect, store and process the personal data of the Customer required in the context of the business relationship.

9. The invalidity of individual points of these General Terms and Conditions shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by a new provision which comes as close as possible to the ineffective provision in its economic effect. Place of performance and jurisdiction for contracts concluded under these General Terms and Conditions is exclusively Leibnitz or Graz.

10. for customers who are not known to us, we ask you, for the sake of security, to give us your telephone number. We will call you back immediately. After verification of your data, the order will be processed. All deliveries are made by parcel service DPD or by a shipping company. To Germany within 14 days also with DPD.