Conditions

General Business Conditions

of Eugen Bailoi, Erste Wachauer Marillen-Destillerie GmbH, briefly „Bailoni“, 3500 Krems, Steiner Landstraße 102

§ 1 Basic provisions – Scope
These terms and conditions in the version valid at the time of the order apply to all deliveries of the Eugen Bailoni Erste Wachauer Marillen-Destillerie GmbH to the customer. 
Deviating terms and conditions of the customer are not recognized, unless Bailoni had expressly agreed to their validity in writing.
§2 Youth Protection
(1) We conclude contracts exclusively with customers who have reached the legal minimum age or majority required for the respective product. In the article description of our online shop, we point out the respective minimum age. 
(2) By submitting your order, you confirm that you have reached the required minimum age or majority. 
(3) We reserve the right to verify your relevant information by requesting proof of age (copy of photo ID or similar). 
(4) We reserve the right to instruct our logistics service provider to hand over the delivery only to persons who have reached the legal minimum age or majority. In case of doubt, the delivery of the order can be made dependent on the presentation of an official photo ID by checking the age or the identity of the customer.
§3 Conclusion of the contract 
(1) Your order is made by selecting goods from our online presence and submitting the basket of goods you have selected. Your order represents a binding offer to us to conclude a purchase contract. 
(2) Upon receipt of your order, we will send you an order confirmation e-mail confirming the receipt of your order and the details of your order. However, this order confirmation does not constitute acceptance of your offer. 
(3) The purchase contract is only then as soon as we send the ordered goods to you and / or confirm the shipment to you by e-mail.
§ Prices, Shipping Costs and Payment Modalities 
(1) The prices published on the Internet at the time of your order apply.
(2) The purchase price does not include the applicable shipping costs. The shipping costs can be
accessed via a correspondingly defined button; they will be shown separately in the order process and are to be borne by you in addition. Kindly note that orders from other countries (except Austria and Germany) are only possible via Email and payment in advance. Also any kind of risk: loss, damage, custom clearance, need to be covered by the buyer. 
(3) For all prices: Errors and changes reserved.
(4) All our claims are due for payment at the latest upon delivery of the goods.

§5 Retention of Title
(1)The goods remain our property until full payment of the purchase price.
§6 Warranty
(1) We provide warranty exclusively in accordance with the relevant statutory provisions.
For perishable goods, especially if a defect is claimed only after reaching the best before date, it is not assumed that this defect was already present on delivery.
(2) Any complaints must be notified to us immediately by e-mail.
(3) With respect to such defects caused by the customer, for example, by improper handling or storage, there is no claim to warranty.
§7 Choice of Law, Place of Performance, Place of Jurisdiction 
(1) Austrian law applies excluding the UN sales law.
(2) Place of performance for all services is Krems an der Donau. As far as legally permissible, the place of jurisdiction for all disputes arising from your order is the local jurisdiction of the competent court in Krems an der Donau. The right to call the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention explicitly do not apply.
§8 Miscellaneous
(1) Essential characteristics of the good or service
The essential features of the product and / or service can be found in the respective item description.
(2) Terms of Delivery
The delivery date as well as the delivery terms and delivery restrictions can be found under a corresponding button on our website or in the respective item description.

§9 Right of Withdrawal

(1)You have the right to cancel this contract within 14 days without giving any reason. Only applicable for the countries Austria and Germany. 
(2)The withdrawal period is 14 days from the day on which you or a third party named by you took possession of the goods.
(3)In case of cancellation of this contract, we repay all payments received from you within 14 days. We may refuse to repay you until we have the goods back or you have provided proof that you have returned the goods.
(4)Should the delivery of the goods fail due to your fault despite three times delivery attempt, we can withdraw from the contract. Payments made will be reimbursed immediately.

Note: We reserve us the right to take back only undamaged and unopened goods. If necessary, we will ask for photo material. Upon receipt of the return and physical inspection, payments made will be refunded. The cost of shipping orders back to us needs to covered by you. 

(5)We reserve the right to refuse or cancel orders without giving reasons. If there are doubts about the minimum age of the shop customer, misuse of identity and non-fulfilment of the purchase contract, also with regard to past orders, an immediate rejection takes place. Likewise by specifying the wrong delivery country.