GENERAL TERMS AND CONDITIONS

OF WEINGUT BERNHARD OTT GMBH
(as of: September 2025)

  1. Scope of Application

    1. The following General Terms and Conditions (GTC) apply to all business relationships between Weingut Bernhard Ott GmbH (hereinafter referred to as “Weingut Ott”) and the customer for all purchase agreements concluded in any manner whatsoever – whether in the presence of the parties, by distance selling or otherwise, in particular via the website of Weingut Ott (www.ott.at) and the web shop operated therein. These GTC do not apply to services offered by Weingut Ott (such as wine tastings or barbecue courses).
    2. In particular, but not exclusively, these GTC govern the rights and obligations of Weingut Ott in connection with contracts concluded via its website (www.ott.at) and the web shop operated therein.
    3. These GTC apply exclusively. The version valid at the time the contract is concluded shall apply. By concluding the purchase agreement, the customer agrees to these GTC, is bound by them and confirms having taken note of them. These GTC shall also apply to future purchases by the customer, even if they are not expressly agreed again.
    4. Deviating, conflicting or supplementary general terms and conditions of the customer shall not become part of the contract, even if known to Weingut Ott, unless their applicability is expressly agreed to in writing by Weingut Ott.

  2. Customer Group

    1. Customers within the meaning of these GTC are both consumers within the meaning of the Austrian Consumer Protection Act (KSchG) and entrepreneurs. Where reference is made to consumers in these GTC, this refers to natural or legal persons for whom the purpose of concluding the contract with Weingut Ott cannot be attributed to a commercial, self-employed or professional activity, meaning the transaction does not form part of the operation of their business. The distinction between consumers and entrepreneurs is made in accordance with the provisions of the KSchG.
    2. When ordering via the web shop, Weingut Ott offers customers the possibility to have the purchased goods shipped to member states of the European Union. Delivery to third countries is carried out where possible. In any case, the customer shall bear all costs, fees and duties associated with the shipment and delivery of the goods in addition to the purchase price.
    3. All offers by Weingut Ott are non-binding; in particular, the presentation of activities and offers on the website or in the web shop does not constitute a binding offer. Photographs or images published by Weingut Ott are symbolic images and merely constitute an invitation to submit an offer. Minor and objectively justified changes are accepted by the customer.
    4. The exact scope of the service provided by Weingut Ott results from the main contract and the description of the respective products on the website and/or in the web shop.

  3. Vouchers

    1. Weingut Ott also offers customers the opportunity to purchase value vouchers. The provisions of these GTC apply to the purchase of vouchers (both on-site at the premises of Weingut Ott and via distance selling), with the following additions.
    2. The value of the voucher may be freely chosen by the customer during the ordering process or prior to the conclusion of the contract. Value vouchers are issued exclusively in euro amounts.
    3. The voucher may be used by the customer to purchase goods or services offered by Weingut Ott, and the euro amount stated on the voucher will be credited against the purchase price payable by the customer. The amount stated on the voucher cannot be redeemed for cash.

  4. Conclusion of Contract

    1. Weingut Ott concludes purchase agreements only with customers who have reached the age of 18. Customers who have not yet reached the age of 18 require the consent of their legal representative for a valid order. The persons acting for the customer in this case must have reached the age of 18. The customer warrants that, for each order placed via distance selling, the persons initiating and completing the order have the necessary authorisations and powers. When ordering alcoholic products, the customer must in any case have reached the age of 18. Where appropriate – in particular when selling alcoholic products – age verification may be carried out by entering the date of birth, submitting a copy of an ID document or by means of (technical) age verification.
    2. When making a purchase in the web shop, the customer selects the goods intended for purchase. After completing the selection, the customer must enter the personal data required for processing the purchase agreement and select the payment method offered by Weingut Ott.
    3. By submitting the order via the “Order with obligation to pay” button, the customer submits a legally binding offer. Weingut Ott will confirm receipt of the order in writing to the email address provided by the customer. This confirmation merely serves as proof of receipt of the order and does not yet constitute acceptance of the order. The confirmation of receipt shall only constitute acceptance if Weingut Ott expressly declares this in writing (email sufficient).
    4. The decision on acceptance of the offer lies exclusively with Weingut Ott. Acceptance takes place by sending a written order confirmation or shipping confirmation by email to the email address specified by the customer.
    5. Other contract conclusions (outside the web shop) between Weingut Ott and the customer take place via separate (possibly electronic) contact initiated by the customer and not automatically via the website. Weingut Ott is entitled to accept an offer within three working days of receipt. Acceptance takes place by sending a written order confirmation by email to the email address specified by the customer. The contract text is stored by Weingut Ott and sent to the customer by email after conclusion of the contract together with access to the legally incorporated GTC.
    6. With regard to the above-mentioned points and to all email communication in general, the recipient is responsible for ensuring delivery to the specified email address. Emails sent to this address shall in any case be deemed received, even if they are diverted to a spam folder or the mailbox is full.

  5. Prices, Delivery and Payment Terms

    A) Prices

      1. The prices offered by Weingut Ott apply for the stated period and are valid until revoked. Price information is subject to change; statutory value added tax is included in the price.
      2. Despite the greatest care, a small number of products in the web shop or catalogue may be incorrectly priced. Prices are reviewed when processing the order. If a pricing error occurs and the correct price is higher than the price shown on the website, the customer will be contacted prior to order confirmation and shipment to decide whether to purchase the product at the correct price or cancel the order. If the correct price is lower than the price shown on the website, the lower correct price will be stated in the order confirmation and only this amount will be charged.
      3. Packaging and shipping costs are charged separately as a flat rate and shown as a separate item in the order. For shipments to third countries, the customer must additionally pay the taxes, fees and duties incurred. These are shown on the invoice at their actual amount. By placing the order, the customer approves these charges in terms of content and amount. The prices and taxes valid at the time of ordering are decisive. No separate tax statement is issued.
      4. For orders with a value of EUR 99 or more within Austria and EUR 199 or more within Germany, shipping costs are waived. In the event of partial withdrawals, shipping costs may be subsequently charged by Weingut Ott.
      5. Weingut Ott is entitled to charge statutory default interest; if the customer is an entrepreneur, the default interest applicable to business transactions applies. If the customer fails to pay the amount owed after a reasonable grace period has been set, Weingut Ott is entitled to withdraw from the contract and/or claim damages in lieu of performance.
      6. The customer undertakes to bear all necessary costs of appropriate extrajudicial collection and enforcement measures associated with the recovery of the claim, insofar as these are proportionate to the claim pursued. In the event of default, incoming payments shall first be credited against the costs incurred for extrajudicial collection, including collection agency and legal fees, and court costs, then against accrued interest, and only thereafter against the principal amount.
      7. If the customer has several payment obligations towards Weingut Ott, incoming payments shall be credited in the manner described in clause 5.6 to the outstanding amounts that have been unpaid for the longest period. The assertion of further damages remains reserved. Weingut Ott is entitled to offset incoming payments against claims arising from this or other contractual relationships.

    B) Payment Terms

      1. The customer may choose from the payment methods offered by Weingut Ott. In the case of “advance payment”, delivery of the goods shall take place only after receipt of the purchase price on the bank account specified by Weingut Ott. In the case of payment by invoice, the customer undertakes to pay the amount within 14 days of receipt of the invoice. After expiry of this period, the customer shall be in default of payment. This payment method is not available for contracts concluded via the web shop. For the other payment methods available in the web shop (currently SOFORT (Klarna), credit card (VISA, Mastercard, MAESTRO), PayPal, EPS and SEPA direct debit), the amount is due immediately.
      2. All payment transactions carried out with technical support are processed via an SSL connection. If the customer is a consumer, they may cancel the payment up until the payment overview is displayed and the payment details are confirmed.

    C) Delivery

      1. The delivery conditions, delivery date and any delivery restrictions can be found under a corresponding button on the website or web shop of Weingut Ott or in the respective offer. Unless otherwise agreed with the customer, delivery shall take place within 14 days of receipt of the full purchase price including shipping costs and taxes to the delivery address specified by the customer, in accordance with the delivery conditions. Partial deliveries within this period are permitted.
      2. The occurrence of events beyond the control of Weingut Ott, such as force majeure (including epidemics and pandemics), strikes, lockouts, production failures at suppliers or similar events, shall suspend delivery deadlines for the duration of such events. If delivery becomes impossible or unreasonable for Weingut Ott due to such circumstances, Weingut Ott shall be released from its delivery obligation without the customer deriving any claims of any kind against Weingut Ott. Weingut Ott will notify the customer without undue delay.
      3. The risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover to the customer or to the carrier. Handover is deemed to have taken place if the customer is in default of acceptance.
      4. In the event of returns, the customer as the sender bears the risk of accidental loss and accidental deterioration of the goods until handover to Weingut Ott. The customer also bears the cost of return shipment. Returns for which the return shipping costs are not borne by the customer will not be accepted by Weingut Ott and remain at the customer’s risk.

    D) Retention of Title / Right of Retention

    1. The goods remain the property of Weingut Ott until full payment of the purchase price has been made. The customer undertakes to keep the goods free from third-party rights until full payment has been made, in particular not to resell, pledge or assign them as security to third parties.
    2. The customer is not permitted to process or consume (e.g. food) the purchased goods during the period of retention of title. The customer must treat the goods with care while retention of title exists and must immediately notify Weingut Ott in writing of any third-party access to the goods subject to retention of title, in particular enforcement measures, as well as any damage to or destruction of the goods. Any change of possession or address must also be notified without delay. The customer shall compensate Weingut Ott for all damages and costs incurred as a result of a breach of these obligations and due to necessary intervention measures against third-party access.
    3. If the customer is an entrepreneur, the following applies additionally: Weingut Ott retains title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transfer of ownership by way of security prior to transfer of ownership is not permitted. The customer may resell the goods in the ordinary course of business. In this case, the customer hereby assigns to Weingut Ott all claims arising from the resale in the amount of the invoice value, and Weingut Ott accepts this assignment. The customer remains authorised to collect the claim. If the customer fails to meet their payment obligations properly, Weingut Ott reserves the right to collect the claim itself.
    4. If the goods subject to retention of title are combined or mixed with other items, Weingut Ott acquires co-ownership of the new item in proportion to the invoice value of the retained goods to the other processed items at the time of processing.
    5. The customer may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

  6. Withdrawal from the Contract

    1. For consumers’ right of withdrawal for distance contracts, see clause 11.
    2. Each contracting party is entitled to declare immediate withdrawal from the contract if the other contracting party has committed acts with the intent to fraudulently harm the contracting party, in particular if it has entered into disadvantageous agreements with other entrepreneurs that violate good morals or the principles of competition, or has promised or granted immoral advantages to, or threatened or caused disadvantages to, organs of the contracting party involved in the conclusion or execution of the contract.
    3. Weingut Ott is further entitled to withdraw from the contract:
      1. If the customer is in default with the total or partial performance or payment and fails to perform in accordance with the contract within a grace period of 14 calendar days after reminder.
      2. If the customer fails to comply with other obligations or ancillary services under the contract despite reminder and grace period.
      3. If circumstances exist that make proper fulfilment of the order obviously impossible and are attributable to the customer.
      4. If Weingut Ott requests a change to individual order terms or performance and the customer refuses such change without objective justification.
      5. If the customer had not reached the age of 18 at the time of concluding the contract for the purchase of alcoholic beverages.
    4. The right to withdraw expires 30 days after the point in time at which the other contracting party became aware of the facts justifying withdrawal.
    5. Withdrawal from the contract must be declared in writing (email sufficient; for Weingut Ott to the email address stated in the imprint) to the other contracting party.
    6. Consequences of withdrawal from the contract:
      1. If not yet done, all services rendered in accordance with the contract must be accepted, invoiced and paid. The customer must immediately make all declarations and take all actions necessary and/or useful for asserting Weingut Ott’s rights of segregation or separation with respect to all documents, provided equipment, materials and other records.
      2. The termination of this contract does not affect the rights of the parties that have arisen up to that point or any other remedies or rights available to the parties under this contract or under general law.
      3. In the event of withdrawal pursuant to clauses 5.2 or 5.3, Weingut Ott may choose to claim liquidated damages in the amount of 50% of the invoice amount or the actual damage incurred.
      4. If the customer withdraws from the contract without being entitled to do so or requests its cancellation, Weingut Ott may choose either to insist on performance of the contract or to agree to its cancellation. In the latter case, the customer must, at Weingut Ott’s discretion, pay liquidated damages in the amount of 50% of the invoice amount or compensate the actual damage incurred.

  7. Warranty and Representations

    1. The statutory warranty rights under the Austrian Civil Code (ABGB) apply. It is expressly noted, however, that particularly in the case of food products, customary or minor deviations in quality, expected taste, colour, etc. – for example for technical reasons – do not constitute a defect in the legal sense.
    2. Weingut Ott does not provide any guarantee in the legal sense. Manufacturer warranties remain unaffected.
    3. If the customer is a consumer, they are requested to inspect the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify any complaints as soon as possible.
    4. If the customer is an entrepreneur, the following applies:
      1. Only the express information provided by Weingut Ott and the manufacturer’s product description shall be deemed agreed characteristics of the goods, but not other advertising, public promotions or statements by the manufacturer.
      2. Warranty claims after consumption or tasting has begun are excluded.
      3. A shortened warranty period of six months is agreed. This reduction does not apply to (i) damages attributable to Weingut Ott caused culpably to life, body or health, or in the case of intentional or grossly negligent other damages; (ii) insofar as Weingut Ott has fraudulently concealed a defect; and (iii) statutory recourse claims in connection with defect rights.
      4. Entrepreneurs are obliged to inspect the goods immediately for completeness and defects (§ 377 UGB) and to notify Weingut Ott in writing (email sufficient; to the email address stated in the imprint) without delay, but no later than seven days after delivery, stating the type and extent of the defect. Non-obvious deviations must be reported in writing with precise specification no later than one week after discovery.
      5. If a defect notice is not made or not made in time, the performance shall be deemed approved. The assertion of warranty or damage claims and the right to contest the contract on the grounds of error are excluded in this case. Timely dispatch of the email is sufficient to meet the deadline.

  8. Limitation of Liability

    1. Claims for damages are limited to damages caused by Weingut Ott intentionally or through gross negligence. If the customer is an entrepreneur, this limitation also applies in cases of simple gross negligence.
    2. Claims for damages due to slight negligence are excluded. If such limitation is not permissible, in particular vis-à-vis consumers, liability for slight negligence shall be limited to the order value – in the case of a contract term exceeding one year, to the order value for one calendar year.
    3. Under no circumstances shall Weingut Ott be liable for any loss of profit or direct, indirect, incidental, consequential, special, punitive or exemplary damages, regardless of the legal basis. This limitation applies even if the other party was advised of the possibility of such damages.
    4. The exclusion of liability does not apply to claims under the Product Liability Act (PHG) and not to damages attributable to Weingut Ott resulting from injury to body or health or loss of life. Claims for reimbursement of expenses and indirect damages are entirely excluded.
    5. Weingut Ott is liable only for its own content on the website www.ott.at. If links provide access to other websites, Weingut Ott is not responsible for the external content contained therein and does not adopt such content as its own. If Weingut Ott becomes aware of unlawful content on external websites, access to such websites will be blocked without delay.
    6. The above exclusions and limitations of liability apply equally in favour of the bodies, shareholders, legal representatives, employees and other vicarious agents of Weingut Ott.

  9. Alternative Dispute Resolution

    1. Weingut Ott is not willing to participate in alternative dispute resolution proceedings before consumer arbitration bodies.
    2. Nevertheless, consumers may submit complaints to the EU online dispute resolution platform: https://ec.europa.eu/odr. Complaints may also be submitted directly to the following email address: bernhard@ott.at.

  10. Final Provisions

    1. Weingut Ott is entitled to transfer rights and obligations under this contract without prior consent of the customer. The customer may not assign, subcontract or transfer rights and obligations under this contract or any other legal relationship with Weingut Ott without prior written consent of Weingut Ott.
    2. Any notice or other communication to the customer permitted or required under these GTC must be made in writing and by personal delivery, fax or email using the address provided by Weingut Ott.
    3. The invalidity of individual provisions of these GTC shall not affect the validity of the remaining provisions. Invalid provisions shall be replaced by legally valid provisions that come closest to the economic intent of the invalid provisions. The same applies in the event of gaps or unregulated matters. This provision applies only to contracts with entrepreneurs.
    4. These GTC, together with the main contract, constitute the entire agreement between the parties regarding the subject matter of this contract and replace all prior or contemporaneous statements, negotiations and agreements, whether oral or written.
    5. Place of performance is Feuersbrunn / Wagram.
    6. The language of the contract is German.
    7. The interpretation, construction and enforcement of these GTC and all contracts concluded between Weingut Ott and the respective contracting party shall be governed exclusively by the laws of the Republic of Austria, excluding its conflict-of-law rules. For consumers, this choice of law applies only insofar as it does not deprive them of mandatory consumer protection provisions of the law of their habitual residence (principle of favourability).

 

For the event that a contracting party brings an action before an ordinary court, the court having jurisdiction at the registered office of Weingut Ott shall be the exclusive place of jurisdiction for any disputes arising from the main contract or these GTC. For consumers, the jurisdiction provisions of Section 14 KSchG apply. Subject-matter jurisdiction is determined in accordance with statutory provisions.