* Klosterquell Hofer Vertriebs GmbH, 1190 Vienna, AT
* Klosterquell Hofer GmbH, 2770 Gutenstein, AT
* Klosterquell Hofer GmbH, 41460 Neuss, DE
§ 1 Scope of application
These General Terms and Conditions of Business apply in the respective version applicable to legal relationships between the Klosterquell Group of Companies, hereinafter referred to as "Klosterquell", and companies, hereinafter referred to as the "Customer", ("B2B area"). Any terms and conditions of business of the Customer are hereby expressly rejected. Klosterquell only contracts under these conditions. The amendment of these conditions requires the written form. The order or acceptance of a delivery shall in all cases be deemed an acknowledgement of these terms and conditions.
§ 2 Orders and contract conclusions
Orders shall take place as specified by Klosterquell. Contracts between Klosterquell and the Customer shall come about either upon Klosterquell's unaltered acceptance of the binding offer or upon Klosterquell's confirmation of the order. In the event of any inconsistency between the provisions of the contract and the provisions laid down in these conditions, the provisions of the contract shall prevail over these conditions to the extent of the inconsistency.
§ 3 Prices
a) All prices are net prices ex works. Unless otherwise agreed in writing, the prices valid on the day of delivery shall apply. b) Taxes, customs duties and other charges payable from or in connection with the delivery shall be borne by the Customer. If goods are shipped to other countries, i.e. outside Austria, then increased costs are to expected for postage, delivery and shipping. These are incurred depending on the weight of the goods and the distance of the transport destination, and are determined, displayed and charged to the Customer in the course of payment.
§ 4 Place of fulfilment, delivery and transfer of risk
a) The place of fulfilment is the (respective) Klosterquell plant. Shipment and transport shall be for the account and at the risk of the Customer. In case of non-acceptance, the Customer shall be in default of acceptance. In this case, Klosterquell shall be deemed to have delivered the goods and Klosterquell shall be entitled to store the goods at the Customer's expense. The resulting storage costs shall be reimbursed to Klosterquell immediately.
b) Klosterquell shall be entitled to make partial deliveries; these terms and conditions shall apply in full to such partial deliveries.
c) If Klosterquell is unable to deliver on the agreed date due to circumstances which are unforeseeable for Klosterquell (force majeure, delays in delivery by subcontractors, etc.), Klosterquell shall be entitled to deliver on the next possible date without any consequences of default, provided that at this point in time the Customer can still objectively be expected to accept the delivery. Otherwise Klosterquell is entitled to withdraw from the contract. Klosterquell shall always be liable only in the event of its own gross negligence or wilful misconduct.
§ 5 Warranty and liability
a) Klosterquell shall only provide guarantee for what has been expressly warranted to the Customer in writing. Any warranty beyond this shall always be excluded.
b) In particular, Klosterquell shall provide no warranty for defects attributable to improper storage, safekeeping, use or transport. If defects are alleged, the Customer must always prove proper storage, safekeeping, use or proper transportation. Proper storage means in particular that the goods are stored and transported clean, dry and at a maximum of 30° Celsius, and are not stored outdoors.
c) The Customer shall carefully inspect the goods upon acceptance and immediately notify us of any defects in writing by sending us a sample of the rejected goods or other evidence (e.g. digital photo), otherwise any claims, including those arising from consequential damages, shall be excluded. At Klosterquell's request, the Customer shall allow and permit the inspection of the goods by an expert appointed by Klosterquell or a third party.
d) If a defect is notified in due time and - if Klosterquell so requires - inspected by an expert, Klosterquell shall, at their own discretion, remedy the defect through improvement or replacement, take back the defective goods against credit of the purchase price, or grant a price reduction. The Customer is not entitled to any other claims.
e) The warranty period corresponds to the minimum shelf life and begins as soon as the goods are offered at the place of fulfillment.
f) The Customer is not entitled to withhold payments due to warranty claims or other claims of any kind whatsoever. g) Any liability for damages on the part of Klosterquell shall be excluded in case of slight and ordinary negligence. Klosterquell shall not be held liable for consequential damages, in particular for lost profit.
h) The return of rejected goods shall require the express prior written consent of Klosterquell and shall be at the expense and risk of the Customer. After receipt of the returned goods by Klosterquell, the purchase price already paid, if any, shall be credited at the latest within 30 days after receipt of the returned goods, provided that no improvement or exchange takes place. In the event of visible signs of use, damaged packaging or missing parts or accessories, an appropriate charge for use or depreciation shall also be levied or retained.
§ 6 Retention of title and prohibition of assignment
a) Klosterquell shall remain the owner of the delivered goods until receipt of the full purchase price plus any delivery and shipping costs.
b) The assignment of claims against Klosterquell shall be excluded.
§ 7 Payment and default
a) The place of fulfilment for the payment is the Klosterquell headquarters.
b) The purchase price must be paid to Klosterquell within 14 days of the date of the invoice without any deductions in the currency stated on the invoice.
c) If the purchase price is not paid in full and on time, Klosterquell shall be entitled to:
- postpone fulfillment of their obligations until full payment has been made
- make use of a reasonable extension of the delivery or performance period
- present the entire outstanding purchase price as due
- charge all reminder and collection fees as well as 1.5 % interest on arrears per month or part thereof
- withdraw from the contract in the event of failure to comply with a reasonable grace period of no more than 14 days. The Customer shall fully indemnify Klosterquell and hold them harmless.
d) If the Customer defaults on acceptance, the entire purchase price shall always be due for payment immediately.
e) The Customer shall not be entitled to offset payment obligations with any claims against Klosterquell, irrespective of the title.
§ 8 Choice of law and place of jurisdiction
a) All legal relations between Klosterquell and the Customer shall be governed exclusively by Austrian law to the exclusion of the conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.
b) For all disputes arising from or in connection with the legal relationship between Klosterquell and the Customer, the exclusive jurisdiction of the District Court for Commercial Matters, Vienna shall be agreed upon. Should this court no longer exist as an independent court, the exclusive jurisdiction of the District Court “Innere Stadt” (Inner City) Vienna in commercial matters shall be deemed as agreed.
§ 9 General information
a) If any provision of these terms and conditions is invalid, this shall not affect the remaining provisions laid down in the terms and conditions. In place of the invalid provision, the valid provision shall be deemed agreed which corresponds as closely as possible to the meaning and purpose of the invalid provision. If a contracting party cannot invoke a provision due to mandatory statutory provisions, this shall also apply to the other contracting party.
b) All headings in these terms and conditions are for ease of reading only and do not affect the content or interpretation of the individual provisions.
Terms and conditions of use
Validity of the terms and conditions of use
The following terms and conditions constitute a legal agreement between you and Klosterquell. By accessing, viewing and/or using this website, you acknowledge that you have read, understood and agree to be bound by these terms and conditions, and that you agree to comply with all applicable laws and regulations. If you do not agree with the terms and conditions of use, you may not continue to use the services offered on this site.
We reserve the right to change the terms and conditions of use and other information contained on this website at any time without prior notice. This also applies to improvements or changes to the products, services or programmes described on this website. You hereby obligate yourself to review the terms and conditions of use periodically to learn of any changes to the terms and conditions of use. If you continue to use the website services whilst being aware of any such change to the terms and conditions of use, you shall be deemed as having tacitly accepted the amended terms and conditions of use.
This website and the associated services are operated with the utmost care, reliability and availability. For technical reasons, however, it is not always possible for these services to be accessed without interruption, or to establish the desired connections, or to preserve stored data under all circumstances. We therefore assume no liability or warranty for constant availability, nor for the published contributions, offers, services and services with regard to correctness, completeness, topicality and functionality. We shall accept no liability towards any person or company for the use of or reliance on any inaccurate information or opinions contained on this website.
All content on the www.klosterquell.com or www.drehundtrink.at, www.drehundtrink.de, www.drehundtrink.com, www.twistanddrink.com, www.twistanddrink.be and www.twistanddrink.fr websites, namely, but not exclusively texts, trademarks, logos, photographs, videos, music, layout, design, know-how, technologies, products and processes, are the property of Klosterquell or are used with the permission of the owner, and are accordingly protected by all applicable copyrights, trademark rights, patents or other intellectual property rights or industrial property rights. Any violation of these rights shall be punished. In particular, the content of our website must not be construed as granting any licence or the right to use any element contained in the websites. Software products are offered exclusively for personal and non-commercial use and may only be used within the scope of the licence granted by the manufacturer. Furthermore, the software may only be reproduced, edited and decompiled within the framework of the provisions of §§ 40a ff.UrhG (Copyright Law). Any reproduction, distribution or other use of these goods beyond the user's own private use is expressly prohibited.
Data protection and private sphere
We attach great importance to data protection. The collection, processing (includes storage, modification, transmission, blocking and deletion) and use of user data is carried out exclusively in compliance with the applicable data protection regulations, only if you provide us with the personal data of your own accord and only if you use services such as competitions, ordering offers or information, also in the form of newsletters and in the case of personalised services, for which you have registered voluntarily, insofar as this is necessary for the provision of the respective service.
References and links
In the case of links to external websites, we shall accept no liability for the content, availability or functionality of the linked website(s). This shall also apply to all other direct or indirect references or links to external Internet offers. We shall not be liable to any third party for any loss or damage of any kind arising as a result of the use of or reliance on any information on such third party websites or any other websites which may be accessed through such third party websites. Links to this website are welcome if they are designed as external links in a separate browser window. Taking over the main window in a frame of the entity setting the link is not permitted. Should a website to which we have linked contain illegal content, please notify us and the link will be removed immediately.
Declaration of consent
If you create a customer account for your under-age child, for example for the purpose of newsletter dispatch, then this shall be deemed as consent for your data to be processed by Klosterquell for customer care and marketing purposes. Revocation of this consent is possible at any time by deleting the customer account or unsubscribing from the newsletter. Your data shall not be transferred to third parties.
This website uses Google Analytics, a web analysis service provided by Google Inc. ("Google"). Google Analytics uses "cookies", which are text files stored on your computer, to help analyse how users use the website. These cookies serve to make our online offer more user-friendly, effective and secure. The cookies do not contain any personal data or any personal information about you, so that it is not possible to identify you personally with the information obtained from the cookies. The information obtained is used solely for the purpose of compiling statistics on the use of our online services. This enables us to adapt our online offer to your wishes in the best possible way. The information generated by the cookie about your use of this website (including your IP address) shall be transmitted to and stored by Google on a server in the United States. Google uses this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or insofar as such third parties process the information on Google's behalf. Under no circumstances shall Google associate your IP address with any other data held by Google. You may refuse the installation of cookies by selecting the appropriate settings on your browser software, however please note that if you do this you may not be able to use the all functions of this website to their full extent. By using this website, you consent to the processing of your personal data by Google in the manner and for the purposes set out above.