Wine to Web

General terms and conditions

Wine to Web

General business
conditions

Wine to Web e.U.
FN: 506771
Marian Staudt, B.A.
Anton Strutzenberger Way 14
1230 Vienna, Austria

Email: post@winetoweb.net
Tel.: +43 665 652863 45

  1. Validity, conclusion of contract

1.1 Wine to Web e.U. (hereinafter referred to as Wine to Web or the Agency), Anton-Strutzenberger-Weg 14, 1230 Vienna, is an advertising agency that provides services in the areas of website creation, online store creation, advertising and (online & offline) marketing as well as software solutions for the sale of products. The store software is made available to users via the Internet.

1.1 The advertising agency Wine to Web e.U. (hereinafter referred to as “Agency/Wine to Web”) provides its services exclusively on the basis of the following General Terms and Conditions (GTC). These apply to all legal relationships between the agency and the customer, even if they are not expressly referred to. The GTC are exclusively applicable to legal relations with entrepreneurs, i.e. B2B.

1.2 The General Terms and Conditions (hereinafter referred to as GTC) govern all services, the creation of websites as well as online stores and the use of the store software by the software customer and are an integral part of all orders and contracts concluded between customers and Wine to Web.

1.3 The version valid at the time of the conclusion of the contract shall be authoritative in each case. Deviations from these as well as other supplementary agreements with the customer are only effective if they are confirmed in writing by the agency.

1.4 Amendments to the GTC shall be notified to the customer and shall be deemed to have been agreed if the customer does not object to the amended GTC in writing within 14 days; the customer shall be expressly informed of the significance of silence and of the specifically amended clauses in the notification. This fiction of consent does not apply to changes in essential service contents and charges.

1.5 The version valid at the time of the conclusion of the contract shall be authoritative in each case. Deviations from these as well as other supplementary agreements with the customer are only effective if they are confirmed in writing by the agency.

1.6 Any terms and conditions of the customer, even if known, are not accepted, unless otherwise expressly agreed in writing in the individual case. The Agency expressly objects to any General Terms and Conditions of the Customer. No further objection to the customer’s GTC by the agency is required.

1.7 Amendments to the GTC shall be notified to the Customer and shall be deemed to be agreed if the Customer does not object to the amended GTC in writing within 14 days; the Customer shall be expressly informed of the significance of the silence and of the specifically amended clauses in the notification. This fiction of consent does not apply to changes in essential service contents and charges.

1.8 Changes to the GTC can be made at any time. The new GTC shall be notified to the customer and shall be deemed to be agreed if the customer does not object to the amended GTC in writing within 14 days; the customer shall be expressly informed of the significance of silence and of the specifically amended clauses in the notification. This fiction of consent does not apply to changes in essential service contents and charges.

1.9 Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the binding nature of the remaining provisions and the contracts concluded on the basis thereof. The invalid provision shall be replaced by a valid provision that comes as close as possible to the meaning and purpose of the invalid provision.

1.10 The offers, services and store software solutions of the Agency are subject to change and non-binding.

  1. Social media channels, search engine advertising & other vendors:

Before placing the order, the agency expressly points out to the customer that the providers of “social media channels” (e.g. Facebook, hereinafter referred to as: providers), search engines (e.g.: Google, Bing, etc.) as well as other providers (e.g.: magazines, journals) reserve the right in their terms of use to reject or remove advertisements and appearances for any reason. Accordingly, the providers are not obliged to forward content and information to the users. There is therefore a risk, which cannot be calculated by the agency, that advertisements and appearances may be removed without cause. In the case of a complaint from another user, the providers will grant the possibility of a counterstatement, but even in this case the content will be removed immediately. In this case, the restoration of the original, lawful state may take some time. The agency works on the basis of these terms of use of the providers, over which it has no influence, and also bases the order of the customer on them. By placing an order, the Customer expressly acknowledges that these Terms of Use (co-)determine the rights and obligations of any contractual relationship. The Agency intends to execute the Client’s order to the best of its ability and to comply with the guidelines of “Social Media Channels”. However, due to the currently valid terms of use and the simple possibility of each user to claim infringements and thus achieve a removal of the content, the agency cannot guarantee that the commissioned campaign is also retrievable at all times.

  1. Design creation for print jobs

3.1 The Agency offers the Clients to create the design for print orders (e.g.: labels, newspaper advertisements, packaging, etc.). Wine to Web takes no responsibility for the print provider, the delivery time of the third party provider and the print result itself. Wine to Web develops only the design. The client bears the costs for data transfers initiated by him.

3.2 The Contractor shall not assume any liability or warranty for transmission errors. The transmitted data must be checked for correctness by the client without delay.

  1. Software services: Deployment, availability, maintenance, malfunctions

4.1 Wine to Web creates various store systems and also works with popular store solutions (e.g.: WooCommerce, Shopify, etc.). For these and other providers, Wine to Web assumes no responsibility regarding maintenance, errors as well as other malfunctions as well as failures and other problems.

4.2 Wine to Web will set up the respectively selected store system for the respectively agreed price. In the case of the store solution for wineries, the customer can independently enter his products and can use the respective store solution 24 hours a day and 7 days a week via the Internet, provided there are no disruptions. The connection to the Internet for the use of the store is the responsibility of the customer. Wine to Web assumes no responsibility for any malfunctions and internet failures. Any downtimes of the various store solutions do not result in a price reduction. Faults must be reported in writing by mail to support@winetoweb.net be reported. The customer is obliged to check his own area of responsibility (correct and complete input of data, internet connection) in case of a malfunction. In case of a bug (error of the store system) Wine to Web will contact the respective third party provider. Wine to Web will not be responsible for any downtime caused by third party providers and there will be no reduction in the fee. Likewise, no responsibility is assumed by the agency with regard to possible downtime due to the further development of the store system by third-party providers.

4.3 Wine to Web offers different store systems. The elaboration of individual organizational concepts and programs is carried out according to the type and scope of the binding information, documents and aids provided in full by the client. This also includes practical test data as well as test facilities to a sufficient extent, which the client provides in a timely manner, during normal working hours and at his own expense. If the client is already working in live operation on the server provided for testing, the responsibility for backing up the live data lies with the client.

4.4 The basis for the creation of individual store systems, services and websites shall be the written service description, which the Contractor shall prepare or the Customer shall provide against cost calculation on the basis of the documents and information provided to it. This performance specification is to be checked by the client for correctness and completeness and to be marked with his approval. Change requests occurring later can lead to separate appointment and price agreements.

4.5 Individually created software or store adaptations require program acceptance by the Customer for the respective package at the latest two weeks after delivery. This is confirmed in a protocol by the client. (Check for correctness and completeness on the basis of the performance specification accepted by the Contractor by means of the test data provided under item 4.2). If the client allows the period of four weeks to elapse without program acceptance, the delivered service, website, store system or software shall be deemed to have been accepted on the end date of the said period. If the software is used in live operation by the client, the service, website, online store, software shall be deemed accepted in any case.

Any defects that occur, i.e. deviations from the service description agreed upon in writing, shall be reported by the Customer to the Contractor with sufficient documentation, who shall endeavor to remedy the defects as quickly as possible. If there are significant defects reported in writing, which means that live operation cannot be started or continued, a new acceptance is required after the defects have been rectified.

The Customer shall not be entitled to refuse acceptance of software due to immaterial defects.

4.6 When ordering library (standard) programs, the Customer confirms knowledge of the scope of services of the ordered programs by placing the order.

4.7 Should it become apparent in the course of the work that the execution of the order in accordance with the service description is actually or legally impossible, the Contractor shall be obliged to notify the Client thereof immediately. If the Client does not change the service description or does not create the prerequisite that execution becomes possible, the Contractor may refuse execution. If the impossibility of performance is the result of a failure on the part of the Client or a subsequent change in the specification of services by the Client, the Contractor shall be entitled to withdraw from the order. The costs and expenses incurred for the Contractor’s activities up to that point, as well as any dismantling costs, shall be reimbursed by the Client.

4.8 Any shipment of program carriers, documentation and service descriptions shall be at the expense and risk of the Customer. Additional training and explanations requested by the client will be invoiced separately. Insurance will only be provided at the request of the client.

4.9 We expressly point out that a “barrier-free design (of websites, online stores) within the meaning of the Federal Act on the Equalization of Persons with Disabilities (Federal Act on the Equalization of Persons with Disabilities – BGStG)” is not included in the offer, unless this was requested separately/individually by the Client. If the barrier-free design has not been agreed upon, it shall be incumbent upon the Client to review the performance for its permissibility with regard to the Federal Disability Equality Act. Likewise, the Client shall review the content provided by it for its legal admissibility, in particular under competition, trademark, copyright and administrative law. The Contractor shall not be liable for the legal admissibility of content in the event of slight negligence or after fulfilling any duty to warn the Customer, if such content was provided by the Customer.

  1. Store setup and support

5.1 The respective store solution selected by the customer requires specific steps. A store solution from WooCommerce, Shopify, etc. follows the respective guidelines of these providers. The additional store solution for wineries offers them a store for an already existing website. A binding registration can be made through the digital Registration form be carried out. When registering, it is obligatory to accept the GTC and the AV contract must be completed, otherwise the registration will not be accepted by Wine to Web. After that, the customer receives an invitation by e-mail and can log in via the link and enter the products. The customer is responsible for checking whether his own website is compatible with the store system and is responsible for the integration. After consultation and for an agreed price, Wine to Web can take care of the integration.

5.2 In case of any queries, problems or further feedback, the customer may send a request by e-mail to support@winetoweb.net put Wine to Web will answer the request as soon as possible.

  1. Concept and idea protection

If the potential client has already invited the agency to prepare a concept in advance and the agency complies with this invitation before the main contract is concluded, the following regulation shall apply:

6.1 Already by the invitation and the acceptance of the invitation by the Agency, the potential Customer and the Agency enter into a contractual relationship (“Pitching Contract”). This contract is also based on the GTC.

6.2 The potential customer acknowledges that the agency already provides cost-intensive preliminary services with the concept development, although he has not yet assumed any service obligations himself.

6.3 The concept is subject to the protection of copyright law in its linguistic and graphic parts, insofar as these reach the level of a work. The potential customer is not permitted to use or edit these parts without the agency’s consent, if only because of copyright law.

6.4 The concept also contains ideas relevant to advertising that do not reach the level of a work and thus do not enjoy the protection of copyright law. These ideas are at the beginning of every creative process and can be defined as the igniting spark of everything that is later produced and thus as the origin of marketing strategy. Therefore, those elements of the concept are protected which are peculiar and give the marketing strategy its characteristic character. In particular, advertising slogans, advertising texts, graphics and illustrations, advertising materials, etc. shall be deemed to be an idea within the meaning of this agreement, even if they do not reach the level of a work.

6.5 The potential Customer undertakes to refrain from commercially exploiting or having commercially exploited or using or having used these creative advertising ideas presented by the Agency within the framework of the concept outside the corrective of a main contract to be concluded at a later date.

6.6 If the potential Client is of the opinion that ideas were presented to him by the Agency that he had already come up with prior to the presentation, he shall notify the Agency of this by e-mail within 14 days of the day of the presentation, citing evidence that allows a temporal attribution. The burden of proof applies.

6.7 In the contrary case, the Contracting Parties shall assume that the Agency has presented the potential Customer with an idea that is new for him. If the idea is used by the client, it can be assumed that the agency became meritorious in the process.

6.8 The potential customer may release himself from his obligations under this point by paying a reasonable compensation plus 20% VAT. The relief shall not take effect until the Agency has received payment of the indemnity in full.

  1. Scope of services, order processing and customer’s duty to cooperate

7.1 The scope of the services to be provided results from the service description in the agency contract or any order confirmation by the agency, as well as any briefing protocol (“offer documents”). Subsequent changes to the content of the service require written confirmation by the agency. Within the framework given by the customer, the agency has freedom of design in the fulfillment of the order.

7.2 All services provided by the agency (in particular all preliminary drafts, sketches, final artwork, brush prints, blueprints, copies, color prints and electronic files) must be checked by the customer and approved by him within three working days of receipt by the customer. After the expiry of this period without feedback from the customer, they shall be deemed to have been approved by the customer.

7.3 The Customer shall make available to the Agency in a timely and complete manner all information and documents required for the provision of the service. The customer is responsible for the accuracy of the data and tax rates, and the customer must provide Wine to Web in writing with the tax rates of each product that apply to the customer when creating a store. He will inform them of all circumstances that are of importance for the execution of the order, even if they only become known during the execution of the order. The customer shall bear the expenses incurred by the fact that work has to be repeated or delayed by the agency as a result of his incorrect, incomplete or subsequently changed information. Resulting damages and consequential damages (e.g.: delays of other projects), are to be borne by the customer.

7.4 Furthermore, the customer is obliged to check the documents (photos, logos, etc.) provided for the execution of the order for any copyrights, trademark rights or other rights of third parties (rights clearing) and guarantees that the documents are free of third-party rights and can therefore be used for the intended purpose. The Agency shall not be liable in the case of merely slight negligence or after fulfillment of its duty to warn – at least in the internal relationship with the Customer – due to an infringement of such third-party rights by documents made available. If a claim is made against the Agency by a third party due to such an infringement, the Customer shall indemnify and hold the Agency harmless; the Customer shall compensate the Agency for all disadvantages incurred by the Agency as a result of a third party claim, in particular the costs of appropriate legal representation. The customer undertakes to support the agency in the defense of any claims by third parties. The customer shall provide the agency with all documents for this purpose without being requested to do so.

7.5 The customer undertakes not to misuse the services provided by Wine to Web (e.g.: website, online stores) in any way or to allow them to be misused by third parties. It is the customer’s responsibility not to publish illegal content.

7.6 Depending on the store system and agreement, the customer enters his products into the store system himself or, according to the price agreed in each case, lists them correctly for the agency with the correct tax rate. The responsibility for the correct tax rate lies entirely with the customer and user of the software. The responsibility about the information provided by the customer, image and copyright, the correctness of the tax rates are entirely the responsibility of the customer.

  1. Third-party services / commissioning of third parties

8.1 The Agency shall be entitled, at its own discretion, to perform the service itself, to make use of competent third parties as vicarious agents for the performance of services that are the subject matter of the contract and/or to substitute such services (“Third Party Service”).

8.2 The commissioning of third parties within the scope of an external service shall be carried out either in its own name or in the name of the Customer, the latter after prior information to the Customer. The Agency will carefully select this third party and ensure that it has the required professional qualifications.

8.3 The customer shall enter into obligations towards third parties that have been named to the customer and that extend beyond the term of the contract. This also expressly applies in the event of termination of the agency agreement for good cause.

  1. Dates

9.1 Unless expressly agreed as binding, stated delivery or performance deadlines shall only be deemed approximate and non-binding. Binding appointments must be recorded in writing or confirmed in writing by the agency.

9.2 If the Agency’s delivery/service is delayed for reasons for which it is not responsible, such as events of force majeure and other unforeseeable events that cannot be averted by reasonable means, the obligations to perform shall be suspended for the duration and to the extent of the impediment and the deadlines shall be extended accordingly. If such delays last more than two months, the customer and the agency are entitled to withdraw from the contract.

9.3 If the Agency is in default, the Customer may only withdraw from the contract after having granted the Agency a reasonable grace period of at least 14 days in writing and this period has expired fruitlessly. Claims for damages by the customer due to non-performance or delay are excluded, except in the case of proof of intent or gross negligence.

  1. Early dissolution

10.1 The agency is entitled to dissolve the contract for important reasons with immediate effect. Good cause shall be deemed to exist in particular if

  1. a) the performance of the service becomes impossible for reasons for which the customer is responsible or is further delayed despite a grace period of 14 days being set;
  2. b) the customer continues, despite a written warning with a grace period of 14 days, to violate essential obligations under this contract, such as payment of a due amount or obligations to cooperate.
  3. c) there are justified concerns about the creditworthiness of the customer and the customer does not make advance payments at the request of the agency nor does the customer provide suitable security prior to the agency’s performance;

10.2 The customer is entitled to dissolve the contract for important reasons without setting a grace period. Good cause shall be deemed to exist in particular if the Agency continues to violate material provisions of this Agreement despite a written warning with a reasonable grace period of at least 14 days to remedy the violation.

  1. Fee

11.1 Unless otherwise agreed, the Agency’s fee claim arises for each individual service as soon as it has been rendered. The agency is entitled to demand advance payments to cover its expenses. From an order volume with an (annual) budget of € 10,000 or those extending over a longer period of time, the Agency is entitled to issue interim or advance invoices or to call for payments on account.

11.2 The fee is understood to be a net fee plus VAT at the statutory rate. In the absence of an agreement in the individual case, the Agency shall be entitled to a fee for the services rendered and the transfer of the rights of use under copyright and trademark law in the amount customary in the market.

11.3 All services provided by the agency that are not expressly covered by the agreed fee shall be remunerated separately. All cash expenses incurred by the Agency shall be reimbursed by the Customer.

11.4 Cost estimates of the agency are not binding. If it is foreseeable that the actual costs will exceed those estimated by the Agency in writing by more than 15%, the Agency will inform the Customer of the higher costs. The cost overrun shall be deemed to have been approved by the customer if the customer does not object in writing within three working days of this notice and at the same time discloses more cost-effective alternatives. If the cost overrun is up to 15%, a separate notification is not required. This cost estimate overrun shall be deemed approved by the Client from the outset.

11.5 If the customer unilaterally changes or cancels work commissioned without involving the agency – without prejudice to the ongoing other support provided by the agency – the customer shall compensate the agency for the services provided up to that point in accordance with the fee agreement and reimburse all costs incurred. Unless the termination is due to a grossly negligent or intentional breach of duty on the part of the Agency, the Customer shall furthermore reimburse the Agency for the total fee agreed for this order (commission), whereby the imputation remuneration of § 1168 AGBG shall be excluded. Furthermore, the Agency shall be indemnified and held harmless with respect to any claims of third parties, in particular contractors of the Agency. Upon payment of the fee, the customer does not acquire any rights of use to work already performed; rather, concepts, drafts and other documents that have not been executed are to be returned to the agency without delay.

11.6 The prices quoted are ex Contractor’s place of business or office. The costs of program carriers, merchandise providers, store solutions (e.g.: Shopify, WooCommerce) third-party providers (e.g.: printers, etc.) as well as any contract fees will be invoiced separately.

11.7 For all other services (organizational consulting, programming, training, conversion support, telephone consulting, etc.), the amount of work shall be charged at the rates applicable on the day the service is provided. Deviations from a time expenditure on which the contract price is based, for which the Contractor is not responsible, shall be charged according to actual occurrence.

11.8. The costs for travel, daily and overnight allowances shall be invoiced separately to the client according to the rates applicable at the time. Travel times are considered working time.

  1. Payment, retention of title

12.1 The fee is due for payment immediately upon receipt of the invoice and without deduction, unless special payment terms have been agreed in writing in individual cases. This also applies to the charging on of all cash expenses and other expenses. The goods delivered by the Agency remain the property of the Agency until full payment of the remuneration, including all ancillary liabilities.

12.2 In the event of default in payment by the customer, the statutory default interest shall apply at the rate applicable to business transactions. Furthermore, in the event of default in payment, the customer undertakes to reimburse the agency for any reminder and collection expenses incurred, insofar as they are necessary for appropriate legal action. In any case, this shall include the costs of two reminders in the customary amount of currently at least € 20.00 per reminder as well as one reminder letter from a lawyer commissioned with the collection. The assertion of further rights and claims remains unaffected.

12.3 In the event of default in payment by the Customer, the Agency may declare all services and partial services rendered under other contracts concluded with the Customer to be immediately due and payable.

12.4 Furthermore, the Agency shall not be obliged to provide further services until the outstanding amount has been settled (right of retention). The obligation to pay remuneration remains unaffected.

12.5 If payment in installments has been agreed, the Agency reserves the right to demand immediate payment of the entire outstanding debt in the event that partial amounts or ancillary claims are not paid on time (loss of date).

12.6 The Customer shall not be entitled to set off its own claims against claims of the Agency, unless the Customer’s claim has been acknowledged by the Agency in writing or has been established by a court of law.

  1. Property right and copyright

13.1 All services provided by the Agency, including those from presentations (e.g. suggestions, ideas, sketches, preliminary drafts, scribbles, final drawings, concepts, negatives, slides), including individual parts thereof, shall remain the property of the Agency, as shall the individual workpieces and design originals, and may be reclaimed by the Agency at any time – in particular upon termination of the contractual relationship. By paying the fee, the customer acquires the right of use for the agreed purpose. In the absence of any agreement to the contrary, however, the Customer may use the Agency’s services exclusively within the EEA. The acquisition of rights of use and exploitation of services provided by the Agency requires in any case the full payment of the fees charged by the Agency for such services. If the customer already uses the services of the agency before this point in time, this use is based on a loan relationship that can be revoked at any time.

13.2 Modifications or adaptations of the Agency’s services, such as in particular their further development by the Customer or by third parties working for the Customer, shall only be permitted with the express consent of the Agency and – insofar as the services are protected by copyright – of the author. The surrender of all so-called. “Open files” is thus expressly not part of the contract. The agency is not obliged to surrender. I.e. without contractual assignment of the rights of use also for “electronic works”, the client has no legal claim to them.

13.3 The Agency’s consent shall be required for the use of the Agency’s services that goes beyond the originally agreed purpose and scope of use – irrespective of whether this service is protected by copyright. For this, the agency and the author are entitled to a separate appropriate remuneration.

13.4 The Agency’s consent shall also be required for the use of the Agency’s services or advertising materials for which the Agency has prepared conceptual or design templates after the expiry of the Agency Agreement, irrespective of whether this service is protected by copyright or not.

13.5 For uses according to par. 4. The agency is entitled to 1. year after the end of the contract a claim to the full agency remuneration agreed in the expired contract. At 2. respectively 3. year after the expiry of the contract only half or one quarter of the remuneration agreed in the contract. From the 4th year after the end of the contract, no agency fee is payable.

13.6 The Customer shall be liable to the Agency for any unlawful use in the double amount of the fee appropriate for such use.

14.marking

14.1 The Agency shall be entitled to refer to the Agency and, if applicable, to the originator on all advertising materials and in all advertising measures without the Customer being entitled to any remuneration for this.

14.2 Subject to the Customer’s written revocation, which is possible at any time, the Agency shall be entitled to refer to the existing or former business relationship with the Customer on its own advertising media and in particular on its Internet website by name and company logo (reference).

  1. Warranty

16.1 The Customer shall report any defects in writing without delay, in any case within eight days after delivery/service by the Agency, hidden defects within eight days after detection of the same, describing the defect; otherwise the service shall be deemed approved. In this case, the assertion of warranty claims and claims for damages as well as the right to contest errors due to defects shall be excluded.

15.2 In the event of justified and timely notification of defects, the Customer shall be entitled to improvement or replacement of the delivery/service by the Agency. The Agency shall remedy the defects within a reasonable period of time, and the Customer shall allow the Agency to take all measures necessary to investigate and remedy the defects. The Agency is entitled to refuse to improve the performance if this is impossible or involves a disproportionately high effort for the Agency. In this case, the customer shall be entitled to the statutory rights of conversion or reduction. In case of improvement it is incumbent on the client to carry out the transfer of the defective (physical) item at his own expense.

15.3 It shall also be incumbent on the Client to review the performance for its legal admissibility, in particular under competition, trademark, copyright and administrative law. The agency is only obligated to perform a rough check of legal admissibility. The agency is not liable for the legal admissibility of content in the case of slight negligence or after fulfilling any duty to warn the customer, if the content was specified or approved by the customer.

15.4 The warranty period shall be six months from delivery/service. The right of recourse against the agency according to § 933b Abs 1 AGBG expires one year after delivery/service. The customer is not entitled to withhold payments due to complaints. The presumption rule of § 924 AGBG is excluded.

  1. Liability and product liability

16 .1 In cases of slight negligence, liability of the Agency and those of its employees, contractors or other vicarious agents (“people”) for property damage or financial loss of the Customer is excluded, regardless of whether it is direct or indirect damage, loss of profit or consequential damage, damage due to delay, impossibility, positive breach of contract, culpa in contrahendo, defective or incomplete performance. The existence of gross negligence must be proven by the injured party. As far as the liability of the agency is excluded or limited, this also applies to the personal liability of its “people”.

16.2 Any liability of the Agency for claims made against the Customer on the basis of the service provided by the Agency (e.g. advertising measure) shall be expressly excluded if the Agency has fulfilled its obligation to provide information or if such obligation was not recognizable to it, whereby slight negligence shall not be detrimental. In particular, the Agency shall not be liable for legal costs, the Customer’s own attorney’s fees or costs of judgment publications as well as for any claims for damages or other claims of third parties; the Customer shall indemnify and hold the Agency harmless in this respect.

16.3 Claims for damages by the Customer shall expire six months after knowledge of the damage; in any case, however, after three years after the Agency’s infringing act. Claims for damages are limited to the net order value.

  1. Applicable law

The contract and all mutual rights and obligations derived therefrom as well as claims between the Agency and the Customer shall be governed by Austrian substantive law, excluding its conflict of law rules and excluding the UN Convention on Contracts for the International Sale of Goods.

  1. Place of performance and jurisdiction

18.1 The place of performance shall be the registered office of the Agency. In case of shipment, the risk shall pass to the customer as soon as the agency has handed over the goods to the carrier chosen by it.

18.2 The court of jurisdiction for all legal disputes arising between the Agency and the Customer in connection with this contractual relationship shall be the court with subject-matter jurisdiction for the Agency’s registered office. Notwithstanding the foregoing, the Agency shall be entitled to sue the Customer at the Customer’s general place of jurisdiction.

18.3 Insofar as in this Agreement terms referring to natural persons are only stated in the masculine form, they shall refer to women and men in the same way. When applying the designation to specific natural persons, the respective gender-specific form shall be used.

Consent forms

The customer agrees that his personal data, namely name/company, profession, date of birth, company register number, powers of representation, contact person, business address and other addresses of the customer, telephone number, fax number, e-mail address, bank details, credit card details, VAT number, for the purpose of customer service as well as for own advertising purposes, for example for sending offers, advertising brochures and newsletters (in paper and electronic form), as well as for the purpose of reference to the existing or former business relationship with the customer (reference).

The client agrees that electronic mail may be sent to him for advertising purposes until revoked.

This consent may be revoked at any time in writing by sending an email or letter to Wine to Web e.U., Marian Staudt, B.A., Anton-Strutzenberger-Weg 14, 1230 Vienna, Austria (email: post@winetoweb.net).

Privacy policy according to article 13 and 14 DSGVO

We process your personal data, which fall under the following categories of data fall under:

  • Name/Company,
  • Occupation,
  • Date of birth,
  • Company registration number,
  • Powers of representation,
  • Contact person,
  • Business address and other addresses of the customer,
  • Telephone number, fax number, e-mail address,
  • Bank details, credit card details,
  • UID number,
  • For newsletter & social media orders, an AV contract is concluded between the agency and the customer.

You have voluntarily provided us with data about yourself and we process this data on the basis of your consent for the following purposes:

  • Support of the customer as well as
  • for its own advertising purposes, for example for sending offers, advertising brochures and newsletters (in paper and electronic form), as well as for the purpose of referring to the existing or former business relationship with the customer (reference).

You can revoke this consent at any time. A Revocation will result in us no longer processing your data for the above-mentioned purposes as of that date. For a revocation, please contact: Wine to Web e.U., Marian Staudt, B.A., Anton-Strutzenberger-Weg 14, 1230 Vienna, Austria (Email: post@winetoweb.net).

The data provided by you are furthermore necessary for the Contract fulfillment or for the implementation of pre-contractual measures. Without this data we cannot conclude the contract with you.

We store your data until you revoke it.

We share your information with the following recipients or categories of recipients: tax office, tax advisor, lawyers and possible third-party providers.

Your data will also be used at least in part outside the EU or the EEA processed. The adequate level of protection results from an adequacy decision of the European Commission according to Art 45 GDPR.

For more information on privacy, please visit: https://winetoweb.net/datenschutz

You can reach us at the following contact details: Wine to Web e.U. Marian Staudt, B.A., Anton-Strutzenberger-Weg 14, 1230 Vienna, Austria (Email: post@winetoweb.net)

Remedies

You are generally entitled to the rights of information, correction, deletion, restriction, data portability and objection. For this purpose, please contact us. If you believe that the processing of your data violates data protection law or that your data protection rights have otherwise been violated in some way, you can complain to the supervisory authority. In Austria, the Data protection authority Responsible.

Confirmation

The customer confirms by his signature at the time of placing the order that he has taken note of the notice and that in case of placing the order these rules are the basis of the contractual relationship.