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General Terms and Conditions (T&C)

for the Online Shop of NIBIRU WINE GMBH

1. Scope of Application

1.1 These General Terms and Conditions (“GTC”) apply to all orders placed through the online shop of NIBIRU WINE GMBH by consumers and entrepreneurs.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
1.3 An entrepreneur is a natural or legal person or a legally capable partnership acting in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.

2. Provider Information

NIBIRU WINE GMBH
Thürneustift 6
3562 Schönberg am Kamp – Austria
E-mail: mail@nibiru.wine
Phone: +43 664 1227406
Commercial Register Number: FN 609505 g
Commercial Register Court: Regional Court Krems an der Donau
VAT Number: ATU79758246

3. Offers and Conclusion of Contract

3.1 The presentation of products in the online shop does not constitute a legally binding offer but rather a non-binding invitation to place an order.
3.2 By clicking the “Buy Now” button, the customer submits a binding offer to purchase the goods contained in the shopping cart.
3.3 The contract is concluded only upon explicit order confirmation by e-mail or upon shipment of the goods.
3.4 NIBIRU WINE GMBH reserves the right to reject orders without stating reasons.

4. Prices and Shipping Costs

4.1 All prices are stated in Euro and include statutory VAT unless otherwise indicated.
4.2 In addition to the stated prices, shipping costs may apply. Shipping costs will be displayed to the customer before the order is completed.
4.3 Deliveries outside Austria may be subject to additional customs duties, taxes, or fees, which shall be borne by the customer.

5. Payment Terms

5.1 Payment shall be made using the payment methods offered in the online shop.
5.2 NIBIRU WINE GMBH reserves the right to exclude certain payment methods in individual cases.
5.3 The purchase price is due immediately upon conclusion of the contract.

6. Delivery and Shipping

6.1 Delivery shall be made to the delivery address specified by the customer.
6.2 Delivery times are non-binding unless expressly agreed otherwise in writing.
6.3 If an ordered product is unavailable, the customer shall be informed without undue delay.
6.4 Partial deliveries are permissible insofar as they are reasonable for the customer.

7. Protection of Minors

7.1 The sale and delivery of alcoholic beverages shall only be made to persons who have reached the legally required minimum age.
7.2 By submitting an order, the customer confirms that they have reached the legally required minimum age for purchasing alcoholic beverages.
7.3 NIBIRU WINE GMBH reserves the right to carry out age verification and to hand over goods only upon proof of age.

8. Retention of Title

The goods remain the property of NIBIRU WINE GMBH until full payment has been received.

9. Right of Withdrawal for Consumers

Withdrawal Policy
Consumers have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which the consumer, or a third party designated by the consumer, took possession of the goods; in the case of partial deliveries: on which the last goods were received.

To exercise the right of withdrawal, the consumer must inform NIBIRU WINE GMBH of their decision to withdraw from the contract by means of a clear statement (e.g. by e-mail or letter). To meet the withdrawal deadline, it is sufficient for the notification concerning the exercise of the right of withdrawal to be sent before the withdrawal period has expired.

Effects of Withdrawal
In the event of an effective withdrawal, all payments received, including delivery costs (except for additional costs resulting from a delivery method other than the standard delivery offered), shall be refunded within fourteen days. The same payment method used for the original transaction shall be used for the refund unless expressly agreed otherwise.

The consumer must return the goods without undue delay and no later than fourteen days after notifying the withdrawal. The consumer shall bear the direct costs of returning the goods unless otherwise agreed.

10. Exclusion or Early Expiry of the Right of Withdrawal

  • goods that are liable to deteriorate rapidly or whose expiration date would quickly be exceeded;
  • sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
  • goods which, after delivery, have been inseparably mixed with other items due to their nature.

11. Warranty

11.1 The statutory warranty provisions shall apply.
11.2 For entrepreneurs, the warranty period shall be six months from delivery.
11.3 Entrepreneurs must notify obvious defects immediately in writing.

12. Liability

12.1 NIBIRU WINE GMBH shall be fully liable for damages resulting from injury to life, body, or health as well as in cases of intent and gross negligence.
12.2 In cases of slight negligence, NIBIRU WINE GMBH shall only be liable for breaches of essential contractual obligations.
12.3 Liability under the Austrian Product Liability Act remains unaffected.

13. Data Protection

Information regarding the processing of personal data can be found in the privacy policy on the website.

14. Online Dispute Resolution

Consumers have the possibility to submit complaints to the EU Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/
NIBIRU WINE GMBH is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board unless legally required to do so.

15. Applicable Law and Jurisdiction

15.1 Austrian law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
15.2 For consumers, this choice of law applies only insofar as it does not deprive them of mandatory legal provisions of the country in which they have their habitual residence.
15.3 If the customer is an entrepreneur, the exclusive place of jurisdiction shall be the competent court at the registered office of NIBIRU WINE GMBH.

16. Final Provisions

Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.