General Terms and Conditions and Cancellation Policy

Status as of 26.11.2024

If you place orders on www.neunweine.ch as a consumer (as defined by the Consumer Protection Act), then these General Terms and Conditions (including returns) (hereinafter referred to as "GT&Cs") form the basis of the contract you enter, according to the current version of the GT&Cs at the time your order is placed. If you place orders on www.neunweine.ch within the framework of the operation of a business, only the applicable General Terms and Conditions for Business Customers found below apply.

Overview:

1. Contractual Partners
2. Applicability and Acceptance of the GT&Cs
3. Data Correctness and Confidentiality in Your Customer Account, and for Guest Orders
4. Prices and Shipping Costs
5. Subscriptions
6. Terms of Payment and Delivery
7. Offers and Conclusion of Contracts
8. Storage of the Contractual Text
9. Returns
10. Warranties & Guarantees
11. Liability Provisions
12. Privacy Policy
13. Applicable Law
14. Regulatory Body and Online Dispute Resolution
15. Addendum

We may update the General Terms and Conditions as needed from time to time to reflect changes in our policies or for other operational, legal or regulatory reasons.

www.neunweine.ch is a webshop that belongs to the niceshops Group. The niceshops Group specializes in webshop design and logistical processing in the e-commerce field in various product segments. Your contractual partner for orders placed at www.neunweine.ch is:

niceshops GmbH
Saaz 99
8341
Paldau
Austria

Email: office@neunweine.com
Telephone number: (+43) 720 303050 5099

(hereinafter referred to as "we" or "us").

The language available for orders, contracts, customer service, and other information on www.neunweine.ch is: English.

Every time you place an order through www.neunweine.ch, you acknowledge these Terms and Conditions, agree to them and accept their exclusive validity.

All business relations between yourselves and our company ("us") are subject exclusively to these GT&Cs (in the version applicable at the time of your order). Deviations from these GT&Cs or any conflicting Terms and Conditions of business or purchases shall not - even if implied - become part of this contract.

These General Terms and Conditions can only be amended by mutual agreement if it is necessary to eliminate equivalence issues that arise subsequently, or to adapt to changes in the legal or technical framework conditions. Any subsequent amendments cannot create a disadvantage for you.

You are responsible for ensuring that the data you provide is complete and correct at all times.

You can register with the www.neunweine.ch online shop using a personal customer account, or place a "guest order" with us without using a customer account.

With a customer account, you can update any changes to your data in your account. You are responsible for treating your login data confidentially and protecting it from unauthorized access. If you suspect that your login data or any other data has been misused by unauthorized people, you must inform us immediately to prevent fraud.

We reserve the right to close customer accounts. This applies, in particular, in the event that any applicable laws, contractual agreements or our policies are violated.

All the prices of the goods sold on www.neunweine.ch represent the total prices and include all taxes, but do not include shipping costs or customs costs or import costs for shipments sent outside the EU. The costs of the goods also do not include any costs for assembly or installation. The prices listed at the time of order apply.

Shipping costs may be waived after meeting a certain order value. You can find out more about the cost of shipping to your destination before you place your order here. If you choose to pay using "cash on delivery", the delivery service will charge an additional fee for the service (the cash on delivery fee). This fee will be charged on the spot during delivery by the delivery service provider.

Before completing your order at www.neunweine.ch, we'll inform you of the total prices of the products you ordered, plus the shipping costs incurred for your order in your order summary.

For delivery outside the EU, additional customs fees and taxes may apply, which will be charged to you directly by the respective customs authority. For deliveries to the following countries, customs duty fees are currently included in our final prices, which means that you will no longer be charged any fees upon delivery in: Great Britain, Switzerland, and Liechtenstein.

In some cases, we may use technical marketing measures at www.neunweine.ch to offer you personalised prices or discounts based on automated decision-making. In this case, you will be informed about any personalisation with each offer.

We offer subscriptions for certain products. By ordering a subscription, you're instructing us to deliver the goods you subscribed to at intervals that you can select. The corresponding costs for the products and shipping will be charged with each delivery of your subscription, via the payment method you selected.

Subscriptions are unlimited and have no minimum term. After the expiry of the cancellation period, valid subscriptions can be cancelled by either party at any time, without providing a reason. To cancel your subscription, please email: office@neunweine.com. Subscription orders that were processed before we received your cancellation notice will still be processed. You'll receive delivery confirmations for these orders.

Price adjustments: The costs of your subscriptions as well as the shipping costs may be reduced or increased under the following conditions, for future orders. We reserve the right to make price adjustments if we are affected by cost increases or cost reductions that are based on external circumstances beyond our control. Such circumstances include changes in: laws, manufacturing, supplies, shipping service providers, external service providers or subcontractors, production and licensing costs, the costs of the hardware or software we require, wage increases and general and significant changes in costs due to economic inflation or deflation. The changes we make to the prices of our goods or products only occur to the extent that our own costs for these specific goods increase or decrease.

You will be notified of pending price changes to your subscribed products by email in a timely manner and prior to your next subscription delivery. You can object to the pending price change by cancelling your subscription, as long as you cancel your subscription within the timeframe mentioned in the email informing you of the price change. If we do not hear from you after we've sent you this mail, we assume that you accept the change in the price(s).

For orders on www.neunweine.ch we accept the payment methods listed in the webshop. Payments must be made to the account we've specified for each type of payment. The due date for the payment begins with the receipt of the goods. If the outstanding payment is not paid within 14 calendar days, we have the right to claim statutory interest on arrears.

www.neunweine.ch currently delivers to the following countries: Austria, Switzerland, Germany, Italy, Liechtenstein.

Delivery will be made to the delivery address or Packstation you specified when you placed your order. We are entitled to ship the order in partial deliveries. In this case, we will bear all the additional shipping costs incurred for the partial deliveries.

The estimated delivery time is provided in the order summary. This estimation is approximate. You will be informed of any anticipated delays before the start of the order process at www.neunweine.ch. If we are prevented from meeting delivery deadlines due to force majeure (e.g. strikes, natural disasters) or other circumstances for which we are not responsible, we will inform you as soon as possible. The delivery period shall be extended by the duration of such events. If delivery becomes impossible due to circumstances out of our control, both parties are entitled to withdraw from the contract in whole or in part. We will inform you immediately if this should happen.

The risk of loss or damage to the goods passes to you when you or a third party authorised by you (who is not the carrier) receives the goods or takes possession of the goods.

If the goods are delivered to you with obvious transport damage, these damages are to be claimed from the delivery service provider.

If goods are delivered to you with obvious transport damage, we ask you to contact the delivery service and ourselves immediately. This serves to support our claims against the delivery service or to assert them to the insurance company. Failure to make a complaint or contact the delivery service or our customer service has no consequences for the statutory warranty claims of consumers.

We can add “free products” to your order on a voluntary basis. You are not entitled to free products. If you cancel the contract, the free products must also be returned with your order.

All our offers at www.neunweine.ch are subject to change.

Before you submit your final order on www.neunweine.ch, you have the opportunity to check for any mistakes and correct them as needed under the “Review Order” step of the check-out process. By clicking the "Place Order" button, you complete your order and make a binding offer to conclude your contract with us. You are bound to this offer for three days. We are not obliged to accept your offer.

We will confirm receipt of your offer via the email address you provided (you'll receive a receipt or order confirmation from us). This confirmation does not constitute acceptance of your offer. Please make sure the data you provided in your order is correct.

It also does not count as an acceptance of your offer if you have selected a payment method that requires you to pay in advance or immediately debits your account. We want to make these payment options available to you as a service, but it may be impossible for us to accept your offer. If, for example, we are unable to fill your order due to delivery problems or unforeseen unavailability of the goods. If we do not accept your offer, we will immediately refund anything you have paid in advance.

We accept offers by sending you a shipping confirmation or contract confirmation by email, or by sending you the goods you have ordered. The purchase contract is concluded with this acceptance of your offer.

You thereby agree to receive invoices in paper or digital form at our discretion.

We store the text of your contract, i.e. the General Terms and Conditions applicable at the time of our conclusion of the contract, including the Cancellation Policy and your information from the ordering process. You will receive the text of the contract that applies to your order to the email address you provided.

As a customer, you have the right to withdraw from this contract within 30 days without providing a reason for the withdrawal. The statutory withdrawal period begins on the day on which you (or a third party named by you, who is not the carrier), took possession of the goods. If you ordered the goods as part of a single order and the goods were delivered separately, the withdrawal period begins on the day on which you (or a third party named by you, who is not the carrier) took possession of the last of the goods.

When purchasing new, unused goods at www.neunweine.ch, we grant you - in addition to your statutory right - an extended right of cancellation of a further 16 days. For all new goods, you therefore have a total of 30 days to cancel the contract. The statutory cancellation period of 14 days applies to the purchase of labelled, used goods. Labelled used goods to which the 14-day cancellation period applies are clearly offered as "used" and you will be informed of these circumstances and the respective cancellation period again before completing your order. Used goods can only be goods that are no longer new due to more than minor past use, may show signs of use and are offered at a lower purchase price than corresponding new goods.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract via a clear statement (for example, a letter sent by post, a telephone call or email).

You can use the Cancellation Form for this purpose, but it is not mandatory. To meet the cancellation deadline, send the notification regarding your right of withdrawal before the cancellation period of 30 days has expired.

The right of withdrawal does not apply to contracts for:

• Services/business fulfilment if niceshops GmbH has provided the service in full. However, this is only valid if niceshops GmbH has started to fulfil the contract before the end of the withdrawal period according to § 11 Austrian FAGG, on your express request (§ 10 Austrian FAGG) and you have:
  • Acknowledged that you will lose your right of withdrawal upon full performance of the contract before the start of the provision of the service, or,
  • niceshops GmbH expressly requested a visit to have repair work done
• Goods or services for which the price depends on fluctuations in the financial market over which we have no influence and which may occur within the withdrawal period,
• Goods that are made according to customer specifications or are clearly tailored to personal needs (for example, personalised greeting cards)
• Goods that can spoil quickly or whose use-by date would soon be exceeded (for example, perishable food),
• Goods that are delivered sealed and are not suitable for return for health or hygiene reasons if their seal was removed after delivery (for example, hygiene or care products),
• Goods which, due to their nature, were inseparably mixed with other goods after delivery,
• Alcoholic beverages, the price of which was agreed on at the time the contract was concluded, but cannot be delivered earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which we have no influence,
• Sound or video recordings or computer software supplied in a sealed package, if unsealed after delivery,
• Newspapers, periodicals, or magazines except for subscriptions for the delivery of such publications,
• Non-residential accommodation services, transport of goods, hire of motor vehicles and supply of food and drink or services supplied in connection to leisure activities, provided that in each case we have provided a specific time or period of time is contractually agreed upon for the performance of the contract
• The provision of digital content that is not delivered by a physical data carrier (e.g. downloads, e-books, ...), if we have started fulfilling the contract (i.e. the digital contents were provided) before the expiry of the withdrawal period. However, the right of withdrawal only lapses in those cases in which you are obliged to make a payment under the contract, in which you have also:
  • Expressly agreed to the commencement of fulfilment of the contract before the end of the withdrawal period,
  • Confirmed that you are aware that you will lose your right of withdrawal as a result of the premature start of the performance of the contract, and
  • We have provided you with a copy or confirmation in accordance with Section 5 (2) or Section 7 (3) of the Austrian FAGG.

Furthermore, you have no right of withdrawal for contracts for urgent repair or maintenance work where you have expressly requested us to visit you to carry out this work. However, the right of withdrawal is not excluded for other services that you have not expressly requested or delivered goods that are not necessarily required as spare parts during maintenance or repair.

Consequences of Withdrawal

If you cancel this contract, all payments made on it will be refunded to you within 14 days of when we received your cancellation notice. This includes shipping costs, but only up to the amount of the cheapest standard shipping costs offered for your order. We will refund your payment via the payment method you placed the original payment through. Under no circumstances will you be charged for this refund. We may refuse to refund you until we've received the goods back or until you've provided proof that the goods have been returned.

You only have to pay for any loss in the value of the goods if this loss is due to handling the goods in a way that is not necessary for testing their quality, characteristics, and function.

Return period: You have to return the goods within 14 days at the latest from the day on which you communicate your cancellation of this contract to us. The return period is met if you send the goods back before the return period of 14 days has expired.

Shipping costs for returns: We will bear the return shipping costs if you use the return label we provide for this purpose, if the goods do not have to be returned by a freight forwarding agent, or if the return is sent from one of the following countries: Austria, Germany, Italy.

Return costs from countries not listed above must be paid for by the customer, regardless of business, legal or logistical reasons and without any intention of discrimination.

Detailed information on returns can be found here.

End of the Cancellation Policy

Warranty: Unless otherwise specified, the general statutory warranty provisions apply to all new, unused goods (used goods are clearly offered as "used"). The warranty for defects you have caused is excluded from warranty claims, especially in cases of improper handling, incorrect operation or unauthorised attempts at repair. It is not considered a warrantable defect if goods used for their intended purpose become unusable beyond their normally expected or natural shelf life or service life.

For labelled used goods, the warranty can be shortened to 1 year, insofar as this is permitted under applicable consumer protection law. Labelled used goods offered under a reduced warranty are offered as "used" and you will be informed of these circumstances and the applicable warranty period again before completing your order. Used goods can only be those that are no longer new goods due to past and not only minor use may show signs of use and are offered at a more favourable purchase price than corresponding new goods.

We do not guarantee that the photos published on our webshop are identical to the actual goods you receive.

Guarantee: As far as the manufacturers of the goods we offer provide voluntary guarantees, all claims arising from their products are to be made directly to the manufacturer. niceshops GmbH's liability is excluded under the manufacturer's warranty. As a customer, you have the right to have this guarantee made available to you in writing (for example, enclosed with the delivery or within the instructions for use) or through another permanently available medium (for example, by email). However, your statutory warranty rights against us are not limited by any manufacturer's warranties.

We as well as our vicarious agents are not liable for damages due to slight negligence, provided that we have factual justification and the damage did not occur due to a breach of essential contractual obligations.

This does not apply to liability for personal injury and claims under the Product Liability Act. Here, the statutory provisions apply.

Damages incurred should delivery become impossible due to circumstances that we are not responsible for cannot be claimed as long as we can prove that we are not responsible for the hindrances to delivery. We may withdraw from the contract in whole or in part in this circumstance.

Please see the Privacy Policy for more information.

For any contract concluded via www.neunweine.ch, Austrian law shall be deemed agreed upon and will be used as the basis of the contract, excluding the UN Convention on Contracts for the International Sale of Goods and the reference norms of private international law. However, this choice of law may not result in you being deprived of the protection afforded to you by mandatory rules of your country of residence (pursuant to Art 6 (2) Rome I Regulation).

We subject consumers to an alternative dispute resolution procedure at the following alternative dispute resolution body: https://www.ombudsstelle.at

Consumers also have the option of contacting the EU's online dispute resolution platform: https://ec.europa.eu/odr

You can also submit your complaint directly to us at: office@neunweine.com.

Prohibition of import into the Russian Federation

In implementation of the sanctions against the Russian Federation, the European Union has issued Regulation (EC) No. 765/2006 and Regulation (EU) No. 833/2014 prohibiting the import of goods or technologies listed in these laws into the Russian Federation.

If the delivery location of your order is in a country outside the European Union (with the exception of the partner countries listed in the aforementioned laws), the following is deemed to be agreed:

1. You shall not sell, export or re-export, directly or indirectly, to the Russian Federation or make available for use in the Russian Federation any goods supplied under or in connection with this Agreement that fall under Article 12g of Regulation (EU) No 833/2014.
2. You undertake to use all reasonable efforts to ensure that the purpose of paragraph (1) is not frustrated by third parties in the supply chain, including potential resellers.
3. They must establish and maintain an appropriate monitoring mechanism to detect any actions by third parties in the supply chain, including potential resellers, that might frustrate the purpose of paragraph (1).
4. Any breach of paragraphs (1), (2) or (3) will constitute a material breach of a fundamental element of this Agreement and we will be entitled to take appropriate remedies, including but not limited to:
   (i) termination of this Agreement; and
   (ii) a penalty of 100% of the total value of this Agreement or the price of the goods exported, whichever is greater.
5. You shall promptly inform us of any problems in the application of paragraphs (1), (2) or (3), including relevant activities by third parties that may defeat the purpose of paragraph (1). You shall provide us with information on compliance with the obligations under paragraphs (1), (2) and (3) within two weeks of a simple request.

Status as of 26.11.2024

These General Terms and Conditions for Business Customers (B2B) (hereinafter referred to as "GT&Cs") are exclusively addressed to customers placing orders at www.neunweine.ch as part of the operation of a business. These GT&Cs also apply to customers concluding other purchase contracts with niceshops GmbH as part of the operation of a business. Furthermore, the GT&Cs still apply if you do not disclose your entrepreneurial status when concluding the contract. For this purpose, these GT&Cs form the contractual basis based on the version that was current at the time the order was placed. The Independent General Terms and Conditions apply for independent customers.

Overview:

1. Contractual Partners
2. Applicability and Acceptance of the GT&Cs
3. Data Correctness and Confidentiality
4. Prices and Shipping Costs
5. Subscriptions
6. Terms of Payment and Delivery
7. Offers and Conclusion of Contracts
8. Storage of the Contract
9. Returns
10. Warranties & Guarantees
11. Liability Provisions
12. Privacy Policy
13. Severability Clause, Applicable Law and Jurisdiction
14. Addendum

We may update the General Terms and Conditions as needed from time to time to reflect changes in our policies or for other operational, legal or regulatory reasons.

www.neunweine.ch is a webshop that belongs to the niceshops Group. The niceshops Group specializes in webshop design and logistical processing in the e-commerce field in various product segments. Your contractual partner is:

niceshops GmbH
Saaz 99
8341
Paldau
Austria

UID: ATU63964918
Company register: FN302888z, Landesgericht fuer ZRS Graz

Email: office@neunweine.com
Telephone number: (+43) 720 303050 5099

(hereinafter referred to as "we" or "us").

The language available for orders, contracts, customer service, and other information on www.neunweine.ch is: English.

By entering into a purchase agreement with niceshops GmbH, you acknowledge and agree to these B2B Terms and Conditions (GT&Cs) and accept their exclusive applicability.

All business relations between yourselves and our company ("us") are subject exclusively to these GT&Cs in the version applicable at the time of your order via our online shop www.neunweine.ch or, in the case of other purchase transactions, at the time our offer is made. Deviations from these GT&Cs or any conflicting Terms and Conditions of your business shall not become part of the contract - not even by implication - unless otherwise mutually agreed upon in writing. The same shall also apply if you object to or reject these GT&Cs in advance in written orders. Our provisions on any price lists also apply.

These General Terms and Conditions can only be amended by mutual agreement if it is necessary to eliminate equivalence issues that arise subsequently, or to adapt to changes in the legal or technical framework conditions.

You are responsible for ensuring that the data you provide is complete and correct at all times.

To place a www.neunweine.ch order, you need to create a customer account and provide a valid VAT identification number (UID) to verify your entrepreneurial status. If you do not provide a UID number, your order will be treated as a consumer transaction for tax purposes.

You must communicate any necessary changes to your data to us immediately, or update your information in your customer account. Furthermore, you are responsible for treating your login data confidentially and protecting it from unauthorized access. If you suspect that your login data or any other data has been misused by unauthorized people, you must inform us immediately to prevent fraud.

We reserve the right to close customer accounts. This applies, in particular, in the event that any applicable laws, contractual agreements or our policies are violated.

All the prices of the goods sold on www.neunweine.ch represent the total prices and include all taxes, but no shipping costs or any costs for assembly or installation. The prices listed at the time of order apply.

Shipping costs may be waived after meeting a certain order value. You can find out more about the cost of shipping to your destination before you place your order here. If you choose to pay using "cash on delivery", the delivery service will charge an additional fee for the service (the cash on delivery fee). This fee will be charged on the spot during delivery by the delivery service provider.

Before completing your order at www.neunweine.ch, we'll inform you of the total prices of the products you ordered, plus the shipping costs incurred for your order in your order summary.

For delivery outside the EU, additional customs fees may apply, which will be charged to you directly by the respective customs authority. For deliveries to the following countries, customs duty fees are currently included in our final prices, which means that you will no longer be charged any fees upon delivery: Great Britain, Switzerland, and Liechtenstein.

In some cases, we may use technical marketing measures at www.neunweine.ch to offer you personalised prices or discounts based on automated decision-making. In this case, you will be informed about any personalisation with each offer.

We offer subscriptions for certain products. By ordering a subscription, you're instructing us to deliver the goods you subscribed to at intervals that you can select. The corresponding costs for the products and shipping will be charged with each delivery of your subscription, via the payment method you selected.

Subscriptions are unlimited and have no minimum term. After the expiry of the cancellation period, valid subscriptions can be cancelled by either party at any time, without providing a reason. To cancel your subscription, please email: office@neunweine.com. Subscription orders that were processed before we received your cancellation notice will still be processed. You'll receive delivery confirmations for these orders.

Price adjustments: The costs of your subscriptions as well as the shipping costs may be reduced or increased under the following conditions, for future orders. We reserve the right to make price adjustments if we are affected by cost increases or cost reductions that are based on external circumstances beyond our control. Such circumstances include changes in: laws, manufacturing, supplies, shipping service providers, external service providers or subcontractors, production and licensing costs, the costs of the hardware or software we require, wage increases and general and significant changes in costs due to economic inflation or deflation. The changes we make to the prices of our goods or products only occur to the extent that our own costs for these specific goods increase or decrease.

You will be notified of pending price changes to your subscribed products by email in a timely manner and prior to your next subscription delivery. You can object to the pending price change by cancelling your subscription, as long as you cancel your subscription within the timeframe mentioned in the email informing you of the price change. If we do not hear from you after we've sent you this mail, we assume that you accept the change in the price(s).

For orders on www.neunweine.ch we accept the payment methods listed in the webshop. Orders may be subject to certain minimum order values. Payments must be made to the account we've specified for each type of payment. Unless otherwise specified, all the total amount of all invoices is due upon the justification of the contract. In the event of a late payment, we are entitled to claim statutory interest on arrears. Our obligation to perform shall be suspended for the duration of the delay in payment.

The right of set-off is excluded. All the goods we have delivered remain our property until we have received full payment, including any associated ancillary claims. Any (further) sales, pledges, etc. prior to full payment shall require our prior consent.

www.neunweine.ch currently delivers to the following countries: Austria, Switzerland, Germany, Italy, Liechtenstein.

Delivery will be made to the delivery address you provided or to the Packstation you specify. We are entitled to ship the order in partial deliveries. In this case, we will bear all the additional shipping costs incurred for the partial deliveries.

The estimated delivery time is approximate. You will be informed of any anticipated delays before the start of the order process at www.neunweine.ch. If we are prevented from meeting delivery deadlines due to force majeure (e.g. strikes, natural disasters) or other circumstances for which we are not responsible, we will inform you as soon as possible. The delivery period shall be extended by the duration of such events. If delivery becomes impossible due to circumstances out of our control, both parties are entitled to withdraw from the contract in whole or in part. We will inform you immediately if this should happen. If we exceed the anticipated delivery date by three weeks due to circumstances for which we are responsible, you may grant us a reasonable grace period. If we do not deliver within this grace period, you may withdraw from the contract.

The risk of loss or damage to the goods passes to you when the goods are handed over to the delivery service provider. If the goods are delivered to you with obvious transport damage, these damages are to be claimed from the delivery service provider.

If you do not take over the goods as agreed (default of acceptance), we are entitled to either store the goods for a storage fee of 0.1% of the gross invoice amount (per calendar year) or part thereof, or to deposit the goods in court at your expense and risk.

All our offers are subject to change.

Before you submit your final order on www.neunweine.ch, you have the opportunity to check for any mistakes and correct them as needed under the “Review Order” step of the check-out process. By clicking the "Place Order" button, you complete your order and make a binding offer to conclude your contract with us. You are bound to this offer for three days. We are not obliged to accept your offer.

We will confirm receipt of your offer via the email address you provided (you'll receive a receipt or order confirmation from us). This confirmation does not constitute acceptance of your offer. Please make sure the data you provided in your order is correct.

You are bound to your offer for seven working days. We are not obliged to accept your offer.

It also does not count as an acceptance of your offer if you have selected a payment method that requires you to pay in advance or immediately debits your account. We want to make these payment options available to you as a service, but it may be impossible for us to accept your offer. If, for example, we are unable to fill your order due to delivery problems or unforeseen unavailability of the goods. If we do not accept your offer, we will immediately refund anything you have paid in advance.

We accept offers by sending you a shipping confirmation or contract confirmation by email, or by sending you the goods you have ordered. The purchase contract is concluded with this acceptance of your offer.

You thereby agree to receive invoices in paper or digital form at our discretion.

We store the text of your contract, i.e. the General Terms and Conditions applicable at the time of our conclusion of the contract, including the Cancellation Policy and your information from the ordering process at www.neunweine.ch. You will receive the text of the contract that applies to your order to the email address you provided.

There is no statutory or contractual right of cancellation.

Returns that are not within the scope of warranty will only be accepted after prior written approval.

A (partial) refund may be issued based on the condition of the returned merchandise. Expired or spoiled goods will not be accepted or replaced.

Warranty: Unless otherwise specified, the general statutory warranty regulations apply.

The goods must be inspected for detectable defects within 14 calendar days after delivery. If a defect is found, a complaint must be made immediately, otherwise the goods are considered approved and legal claims can no longer be made. The warranty period for undetectable defects that occur later is 1 year. Undetectable defects must be reported immediately after they become apparent. The burden of proof corresponding to complaints or defects transfers to you 14 days after delivery.

We reserve the right to choose freely between the statutory warranty remedies, although we will endeavour to reach an agreement with you. If our first attempt at improvement fails, you are entitled to terminate the contract.

The warranty for defects you have caused is excluded from warranty claims, especially in cases of improper handling, incorrect operation or unauthorised attempts at repair. The warranty does not apply to used products and B-stock. Designated used goods which are excluded from the warranty, are clearly offered as ‘used’ and you will be informed of these conditions again before the completion of your order on www.neunweine.ch. It is not considered a warrantable defect if goods used for their intended purpose become unusable beyond their normally expected or natural shelf life or service life. We do not guarantee that the photos published on our website are identical to the actual goods you receive. Deviations in the sizes, contents, materials, weight, or shades of the colours due to manufacturing are permissible within the tolerance limits customary in the industry.

If you resell the goods to consumers and provide them with a statutory warranty, your right of recourse against us is dependent on the above conditions.

Warranty: As far as the manufacturers of the goods we offer provide voluntary guarantees, all claims arising from their products are to be made directly to the manufacturer. We assume no liability based on manufacturer warranties.

We are only liable for damages that we or our vicarious agents caused to you intentionally or through gross negligence. You carry the burden of proof for proving the existence of gross negligence.

As far as it is legally permissible, compensation is limited to typically foreseeable damage. Compensation for consequential damages and lost profits cannot be claimed.

This does not apply to the liability for personal injury and claims under the Product Liability Act. Here, the statutory provisions apply.

Please see the Privacy Policy for more information.

If individual provisions of the contract are invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of the remainder of the contract shall not be affected thereby, to the extent permitted by law.

For each contract concluded via www.neunweine.ch as well as other sales contracts with niceshops GmbH, Austrian law shall be deemed agreed upon and will be used as the basis of the contract, excluding the UN Convention on Contracts for the International Sale of Goods and the reference norms of international private law. The place of fulfilment is niceshops GmbH's registered office. The exclusive place of jurisdiction is Graz, Austria.

Prohibition of imports into the Russian Federation

In accordance with the sanctions against the Russian Federation, the European Union has issued the legal acts Regulation (EC) No. 765/2006 and Regulation (EU) No. 833/2014 that goods or technologies listed in these laws may not be imported into the Russian Federation.

If the place of delivery of your order is in a country outside the European Union (with the exception of the partner countries listed in the above-mentioned laws), the following shall apply as agreed:

1. You shall not sell, export, or re-export, directly or indirectly, to the Russian Federation or for use in the Russian Federation any goods supplied under or in connection with this Agreement that fall under the scope of Article 12g of Council Regulation (EU) No 833/2014.
2. You shall undertake your best efforts to ensure that the purpose of paragraph (1) is not frustrated by any third parties further down the commercial chain, including by possible resellers.
3. You shall set up and maintain an adequate monitoring mechanism to detect conduct by any third parties further down the commercial chain, including by possible resellers, that would frustrate the purpose of paragraph (1).
4. Any violation of paragraphs (1), (2), or (3) shall constitute a material breach of an essential element of this Agreement, and we shall be entitled to seek appropriate remedies, including, but not limited to:
   (i) termination of this Agreement; and
   (ii) a penalty of 100% of the total value of this Agreement or price of the goods exported, whichever is higher.
5. You shall immediately inform us about any problems in applying paragraphs (1), (2), or (3), including any relevant activities by third parties that could frustrate the purpose of paragraph (1). You shall make available to us information concerning compliance with the obligations under paragraph (1), (2), and (3) within two weeks of the simple request of such information.