Conditions

General terms and conditions of business

  1. scope
    The General Terms and Conditions in the currently valid version apply to every use of this website (www.ashburner.at), in particular to every order. In the event of changes to these General Terms and Conditions, the version published on the Internet at the time the order is placed shall apply.
    Deviating agreements must be in writing.
    Should individual provisions of these General Terms and Conditions be wholly or partially invalid due to mandatory statutory provisions, the remaining provisions of these General Terms and Conditions shall remain in effect without change.
  2. contractor
    Operator of this website and contractual partner for online orders
    ASHBURNERS GMBH
    Obachgasse 20
    1220 Vienna
    Austria

Object of the company: Liquor production and sale
Founding year: 2021
Owner / Proprietor: ASHBURNERS GMBH
media owner: ASHBURNERS GMBH
sheet line: The website www.ashburner.at serves to advertise and sell goods and services distributed by ASHBURNERS GMBH and to advertise our company.
Chamber: Vienna Chamber of Commerce
Phone: +43 676 846 518 832
E-mail: gin@ashburner.at

  1. Conclusion of contract for online orders
    ASHBURNER'S PREMIUM GIN offers spirits, among other things, on the website www.ashburner.at. The offers placed on the internet platform do not represent a binding offer on the part of ASHBURNER'S PREMIUM GIN.
    A binding purchase contract between the buyer and ASHBURNER'S PREMIUM GIN is only concluded when the goods are available and the buyer places an order via the online shop or by e-mail. ASHBURNER'S PREMIUM GIN reserves the right to refrain from delivery if the goods are not available. There is therefore no delivery guarantee. If the buyer has already made a payment, ASHBURNER'S PREMIUM GIN will inform the customer immediately and, if necessary, refund the purchase price paid. Any claims for damages due to late or impossible delivery are excluded. A purchase contract is concluded when the buyer confirms the goods added to the shopping cart via the order form by pressing the "Order with obligation to pay" button.
  2. protection of minors
    Due to the Youth Protection Act, no delivery is made to persons under the age of 18. By confirming the order, the buyer confirms that he is at least 18 years old and therefore old enough to purchase spirits. Different youth protection regulations may apply to orders from abroad.
  3. compensation
    Claims for damages against ASHBURNER'S PREMIUM GIN in connection with the use of this website and in connection with legal transactions with ASHBURNER'S PREMIUM GIN are excluded, provided that it is not a matter of damage to the person or ASHBURNER'S PREMIUM GIN or a person for whom ASHBURNER'S PREMIUM GIN is responsible who caused the damage intentionally or through gross negligence. Any further liability is excluded except for claims under the Product Liability Act. All information has been carefully researched, but we cannot absolutely rule out errors or typographical errors.
  4. References and links
    References and links to external sites are only signposts. ASHBURNER'S PREMIUM GIN does not identify itself with the content of external sites that are referred to or linked to. ASHBURNER'S PREMIUM GIN is only liable for linked sites according to § 17 ECG. If illegal content should be recognized on a linked page, ASHBURNER'S PREMIUM GIN requests notification and will delete the link after examination. The creation of links to our website is only permitted with the express written consent of ASHBURNER'S PREMIUM GIN.
  5. copyright
    ASHBURNER'S PREMIUM GIN reserves all rights, in particular trademark rights and copyrights, to the entire content of this website, in particular to brands, logos, texts, graphics, photographs, layout and music. Insofar as use is not permitted by law, any use of the content of this website, in particular storage in databases, duplication, distribution or processing, requires the express written consent of ASHBURNER'S PREMIUM GIN. All product images are symbol images.
  6. Prices
    The prices shown on this website on the day of the order apply. These prices are gross prices including all taxes, in particular including sales tax. All prices are in EURO (€) and include taxes. The delivery fee is added to the stated prices and depends on the delivery location and the selected time slot.
    Should export or import duties become due in the course of shipping, these are also at the expense of the customer. The prices for the deliveries and services offered do not include costs charged by third parties.
    Sales to customers outside the EU are not subject to sales tax, but they must pay the respective national import duties. In the case of sales to entrepreneurs within the EU, no Austrian sales tax is due with proof of the UID, they have to pay the sales tax in their home country.
  7. delivery
    The ordered products are delivered by courier service (e.g. Post, DHL, UPS, or others) throughout Austria. Deliveries are made to all addresses that can be reached with the delivery van via a fixed route that can be driven on.
    The goods are delivered to the front door of the specified address. Deliveries in pedestrian zones and areas with a temporary driving ban can only be made during the permitted drive-in times.
    Alcoholic beverages can only be served to persons who have reached the age of 18. In case of doubt, a photo ID must be presented to the deliverer.
  8. delivery times
    The delivery times depend on the delivery address and the respective courier service. Deliveries are generally made from Monday to Friday within the usual business hours or working hours of the respective courier service.

Please note, however, that in exceptional cases an acceptance period may be blocked prematurely for logistical reasons. In this case we ask for your understanding.

  1. Self pickup
    Pick-up is only possible by appointment at the following addresses:
    Stammersdorfer Kellergasse 133, 110 Vienna
    Obachgasse 20, 1220 Vienna
    Operngasse 6, 1010 Vienna

Alcoholic beverages can only be served to persons who have reached the age of 18. In case of doubt, a photo ID must be shown to an ASHBURNER'S PREMIUM GIN employee. Pick-up cannot be combined with home delivery. In order for the purchase to be delivered, the order must be sent as a delivery.

  1. pickup times
    In principle, it is possible to pick up the goods on working days, and in exceptional cases also on Saturdays and Sundays.
  2. Maturity, means of payment, default and retention of title

Upon delivery:
ASHBURNER'S PREMIUM GIN retains ownership of the goods until full payment. Upon receipt of the delivery, a detailed VAT invoice will be sent by email. Payment by payment slip is not possible.
Vouchers (e.g. Sodexo, etc.) cannot be accepted as a means of payment.

Credit card payment online:
ASHBURNER'S PREMIUM GIN retains ownership of the goods until full payment.
The purchase can be paid online with a credit card. The following credit cards are accepted for online payment:
– Visa and MasterCard including 3D Secure
– Debit cards incl. 3D-Secure
- Instant bank transfer
-Paypal

The data transmission is encrypted and according to the latest security standards.

Payment by credit card is processed by our contractual partner mPAY24 GmbH.
If necessary, please also note their general terms and conditions in the context of payment processing.

  1. right of withdrawal
    Customers who are consumers under the Austrian Consumer Protection Act have the right to withdraw from this contract within 14 days without giving any reason.

ASHBURNER'S PREMIUM GIN is prepared, until further notice, to take back the purchased goods without giving reasons and in return for a refund of the full purchase price less shipping costs under the conditions provided that the goods are returned within 14 working days (whereby Saturday does not count as a working day) from the delivery date, in the original packaging and undamaged and on submission of the original invoice.
Refunds will be made at the price applicable at the time of original purchase. The purchase price will be refunded to the bank account specified by the customer. Shipping costs cannot be replaced. The customer bears the costs of the return.
The contract can be terminated in writing (letter or e-mail) within the period without giving reasons.

In order to exercise your right of withdrawal, you must send us (ASHBURNER'S PREMIUM GIN, Stammersdorfer Kellergasse, 1210 Vienna, Austria), email: gin@ashburner.at by means of a clear statement (e.g. a letter sent by post or email) about your decision to revoke this contract.

Consequences of revocation
ASHBURNER'S PREMIUM GIN can refuse repayment until ASHBURNER'S PREMIUM GIN has received the goods back.

The customer must return the goods to ASHBURNER'S PREMIUM GIN immediately and in any case no later than fourteen days from the day on which ASHBURNER'S PREMIUM GIN was informed of the cancellation of the contract. The deadline is met if the customer sends the goods before the period of fourteen days has expired. The customer bears the direct costs of returning the goods.

There is no right of withdrawal for:

  • Goods made to customer specifications or clearly tailored to personal needs;
  • Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery;
  1. warranty rights
    Obvious defects in the delivered goods, such as damage caused by transport, must be reported to the responsible transport partner and ASHBURNER'S PREMIUM GIN immediately after delivery, but no later than within 3 days of receipt. Any liability is limited to the value of the goods ordered. ASHBURNER'S PREMIUM GIN decides whether to replace the goods or to refund the purchase price. According to the statutory provisions, the customer is entitled to withdraw from the contract if the goods are defective. In this case, the customer is obliged to return the goods in full. The warranty period is 1 year from the date of receipt of the order. After the point at which the risk has passed from the transport partner to the customer, broken glass in particular does not constitute a reason for the customer to assert warranty claims.
  2. Delivery to depository (without personal acceptance by the customer)
    If delivery to a custodian (without personal acceptance by the customer) is desired, the customer must state this in the delivery note when ordering in the ASHBURNER'S PREMIUM GIN online shop. In this case, payment is only possible online by credit card payment.

The customer guarantees the provision of sufficient storage space. From the time of storage in the depository, the risk and liability are transferred to the customer.

  1. Closure of Customer Accounts
    ASHBURNER'S PREMIUM GIN reserves the right to close and delete your customer account if you:
    • refusing the delivery of goods without reason in repeated cases; or
    • insulting, insulting, threatening, sexually harassing the deliverer or driver or behaving towards them in any other way that violates common decency and/or the applicable legal system.
  2. Complaints, ombudsman, dispute resolution
    In the event of complaints or complaints, please contact ASHBURNER'S PREMIUM GIN by email at gin@ashburner.at.
    The ASHBURNER'S PREMIUM GIN customer service is available from Monday to Friday from 8:00 a.m. to 6:00 p.m.
  3. Jurisdiction, Applicable Law
    For contracts with companies and end customers, the court that is factually and locally competent for the registered office of ASHBURNER'S PREMIUM GIN is agreed as the sole place of jurisdiction.

The contracting parties agree on the applicability of Austrian law, provided there are no mandatory legal provisions to the contrary.

The UN sales law and all provisions that refer to the UN sales law are expressly excluded. For consumers within the EU, their mandatory national consumer law provisions apply, unless the respective Austrian provisions are more favorable for the consumer.