1. ANG

General Conditions

General Terms and Conditions for www.purely.at, www.purely.si, www.purely-gold.si, www.pruely-gold.com, www.purely-silver.com, www.purely-silver.si, www.purely-mango.com, www.purely-mango.com, www. purely-strawberries.com, www.purely-strawberries.si, www.purely-algae.com, www.purely-algae.si, www.golden-rain.si, www.golden-rain.at, www.pullus. at, www.pullus.de, (valid from 05.09.2022) GOLDEN RAIN Fehringerstrasse 1 8490 Bad Radkersburg Austria UID ATU 66499988 DVR: 0733237 Telephone (AT): 0043/(0) 664 781 52 47 Phone (SLO): 00386/(0)51 311 820, 00386/(0)41 887 557 Email: office@golden-rain.at,

  1. Scope

These General Terms and Conditions (GTC) are the basis of all contracts that you (“customer”) by placing an order via www.purely.at(“online shop”) with GOLDEN RAIN, Fehrnigerstrasse 1, 8490 Bad Radkersburg, (hereinafter called “GOLDEN RAIN” for short). These GTC therefore apply to all deliveries and services carried out by GOLDEN RAIN in Austria on the basis of such orders.

The General Terms and Conditions apply to both consumers and entrepreneurs, unless a differentiation is made in the respective clause. The General Terms and Conditions apply exclusively, i.e. deviating or contradicting General Terms and Conditions will not be accepted by GOLDEN RAIN.

GOLDEN RAIN is entitled to change the GTC at any time. For your order via www.purely.at, the general terms and conditions valid at the time of the order apply.

  1. Offers and conclusion of contract

The contractual and business language is exclusively German.

The GOLDEN RAIN range presented in the online shop is subject to change and non-binding with regard to the availability of the goods. Illustrations are only symbolic photos and do not always correspond to the currently available vintages. For information on the generally available volumes, please send an email to office@golden-rain.at.

All goods are sold in household quantities, subject to availability. If a product is oversubscribed, GOLDEN RAIN reserves the right to allocate smaller quantities to you and to inform you of this in the delivery notification. If you do not accept the delivery of the lower quantity, please inform us immediately by email.

The products in the online shop do not yet represent an offer from GOLDEN RAIN. You only submit a binding offer to GOLDEN RAIN by placing an electronic order (via the Internet). GOLDEN RAIN is not obliged to accept this.

We can only accept your order if it is delivered within Austria or to the countries listed on our www.purey.at/payment-shipping.

Immediately after receiving your order, which represents a binding contract offer, you will receive an automated electronic order confirmation. This simply states that we have received your order. This order confirmation does not yet constitute acceptance of your order by GOLDEN RAIN and a binding contract is not yet formed as a result.

A contract is only formed when GOLDEN RAIN accepts your order. The order must be accepted within 7 days of receipt of the order and usually takes place through the delivery notification by e-mail or at the latest through the delivery of the goods. After the 7-day period has expired, the customer is no longer bound to his offer. If acceptance by GOLDEN RAIN does not take place within the 7-day period, a contract is not concluded. The contract data will be sent to you with the delivery notification when the contract is concluded, but at the latest with the delivery, and stored by GOLDEN RAIN (see point 13).

Orders will not be accepted from persons who are under the legal purchase age (currently 16 or 18) at the time the order is placed. In case of doubt, GOLDEN RAIN can request suitable proof before accepting the order.

If delivery to a delivery address outside of Austria is desired and a larger number of products is ordered at the same time, an automatic calculation of shipping costs is not possible and GOLDEN RAIN will send you an offer with individual forwarding and transport costs. In this case, the contract only comes into effect when you accept this offer addressed to you.

  1. Prices

The offered prices are in euros from the GOLDEN RAIN warehouse including the statutory value added tax and include all statutory duties for domestic deliveries. For deliveries abroad, any additional charges will be shown before the order process is completed. The prices quoted do not include all costs incurred in the course of shipping, in particular transport costs. These can be seen in the summary of your order before the order is sent (“Check-Out”) and then in a contract confirmation sent to you before the contract is concluded . The applicable transport costs can also be found on our www.purey.si/payment-shipping.

The list prices of the day GOLDEN RAIN receives the order apply.

  1. Transportation Costs

The majority of the products that can be ordered in the web shop are usually in stock and are ready for dispatch to our external logistics partners (Post AT, DPD, TNT, courier service) within around 2 – 3 working days.

Standard Shipping orders ship Monday through Friday (excluding Bank Holidays).

Country
1 for 0.75l bottles
2 for 0.75l bottles
3 for 0.75l bottles
6 for 0.75l bottles
12 for 0.75l bottles
1 for 1.5l magnum bottles

Purchase Free shipping from delivery time.
Austria €4.22 €4.58 €4.92 €5.87 €7.66 €5.26 70 eur 3 – 6 working days
Germany €8.21 €9.83 €10.17 €11.72 €14.07 €10.51 €70 eur 4 – 7 working days
Belgium €9.76 €11.7 €12.11 €14.07 €16.73 €12.45 70 eur 5 – 8 working days
Bulgaria €28.73 €30.12 €30.46 €32.62 €35.61 €30.80 €70 eur 10 – 16 business days
Denmark €10.94 €12.94 €13.28 €15.41 €17.82 €13.62 70 eur 5 – 8 working days
Estonia €32.57 €33.91 €34.25 €35.74 €37.72 €34.59 €70 eur 5 – 8 working days
Finland €16.62 €18.86 €19.21 €20.07 €22.02 €19.54 €70 eur 5 – 8 working days
France €14.07 €16.54 €16.88 €18.62 €22.05 €17.22 €70 eur 6 – 10 working days
Italy & San Marino €17.20 €18.58 €19.92 €21.65 €22.99 €19.62 €70 eur 6 – 9 working days
Croatia €14.09 €14.13 €15.52 €15.77 €16.22 €15.77 70 eur 8 – 13 working days
Latvia €28.88 €29.59 €30.39 €31.16 €33.39 €30.27 70 eur 6 – 9 working days
Lithuania €23.93 €25.27 €26.61 €26.86 €29.80 €25.95 70 eur 6 – 9 working days
Luxembourg €9.76 €11.77 €12.11 €14.70 €16.78 €12.45 70 eur 6 – 9 working days
Netherlands €9.76 €11.77 €12.11 €14.70 €16.78 €12.45 70 eur 5 – 9 working days
Poland €18.43 €19.78 €20.12 €21.35 €23.57 €20.46 70 eur 6 – 9 working days
Portugal 42.21 € 44.22 € 45.12 € 46.52 € 49.99 € 44.99 € 70 eur 6 – 9 working days
Romania €23.15 €24.22 €25.55 €26.76 €28.98 €24.88 €70 eur 7 – 14 working days
Slovakia €14.09 €14.13 €15.52 €15.77 €16.22 €15.77 70 eur 4 – 7 working days
Slovenia €11.44 €11.73 €12.07 €13.16 €16.03 €12.41 €70 eur 4 – 7 working days
Spain €32.57 €33.91 €34.25 €35.74 €37.72 €34.59 €70 eur 6 – 9 working days
Czech Republic €11.94 €12.54 €12.88 €13.98 €16.45 €13.22 70 eur 5 – 7 working days
Hungary €11.94 €12.54 €12.88 €13.98 €16.45 €13.22 €70 eur 4 – 6 working days

packing material
For insurance reasons, bottles are only shipped in approved wine logistics boxes.

Where is shipping to?
In principle, we ship to all EU countries of the Schengen Agreement. The prices apply ex warehouse GOLDEN RAIN Bad Radkersburg without deduction. All expenses arising from shipping, including any import or export duties, are borne by the buyer. Shipping to packing stations is not possible because our partners do not offer this form of delivery.

For customs reasons, shipping to private individuals is unfortunately not possible. Company addresses can be specified as recipients.

We can only invoice deliveries to other EU member states and exports within the framework of the EMCS (Excise Movement and Control System). The prices for customers from the EU are therefore untaxed (excl. alcohol tax and VAT). The delivery is accompanied by an e-AD (Electronic Administrative Document), which must be confirmed by the customer upon receipt of the goods.

Taxes and expenses
 If the delivery address is outside of Austria, there may be price changes due to different taxes and duties. Discounts refer to the net value of goods!

A list of excise duty rates in each Member State can be found here: EU excise duty rates Terms of delivery and payment: ex warehouse, payment in advance The costs of home delivery are also shown in the summary of your order before sending (“check-out”) your order.

The amount stated in the order includes the costs of standard packaging, postage and insurance. A gift wrap will be charged separately (please refer to our www.purey.at/payment-shipping for the applicable costs).

  1. Terms of Payment

The purchase price is due for payment when the order is placed. In the case of partial deliveries, the proportion of the purchase price attributable to the delivered partial quantity is due.

Payment can be made by credit card (Visa, Mastercard, American Express or Diners Club), by direct transfer, or by Paypal.

With every order, GOLDEN RAIN reserves the right not to offer certain payment methods and to refer to other payment methods. The payment methods used in individual cases can be seen before the order process is completed.

Information about the payment methods


PayPal
When paying via PayPal during the ordering process, the charge is made on the same day. Payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use and PayPal Privacy Policy. This payment method requires an existing PayPal account. The data required for payment processing, namely your e-mail address, country, address (street, zip code, city) and your telephone number, are transmitted to PayPal by GOLDEN RAIN. For the purpose of its own credit check, PayPal transmits your personal data to credit agencies (credit bureaus) and receives information and, if necessary, creditworthiness information from them on the basis of mathematical-statistical processes (probability or score values). Detailed information on the credit agencies used by PayPal and the data disclosed to them can be found here.

Credit card
When paying by credit card, the charge will be made when the goods are shipped. When paying by credit card, the customer provides the following data during the ordering process: cardholder, card number, credit card company, expiry date, CVV code. The data is transmitted via SSL encryption with a key of at least 128 bits and is therefore not visible to unauthorized persons.
Instant bank transfer
 When paying with Sofortüberweisung, you will be automatically forwarded to our partner, SOFORT GmbH, Fußbergstraße 1, 82131 Gauting, during the ordering process. You carry out the transaction with your online banking data. SOFORT GmbH automatically takes over the payment process without GOLDEN RAIN being able to see it, checks the credit limit of your account and, if there are sufficient funds in the account, makes a transfer to GOLDEN RAIN. In addition, the SOFORT GmbH system checks in about 30 percent of cases whether previous payments were booked with Sofortüberweisung in order to rule out systematic fraud. In order to carry out an immediate transfer, SOFORT GmbH needs your name, bank code and account number, the PIN and a TAN of your online banking account. Only your name, bank code, account number, purpose, amount and date of the transfer are saved, not the credit limit or account balance of your account or past transactions. GOLDEN RAIN can never access your personal online banking access data (such as PIN) and your TAN, which you enter in the encrypted payment form from SOFORT GmbH.

In the case of a successful transaction, GOLDEN RAIN only receives the automated confirmation in real time from SOFORT GmbH that the transfer has been carried out. After successful payment you will be taken back to the GOLDEN RAIN online shop. Gift/Voucher Card You can also pay the invoice amount in full with GOLDEN RAIN gift/voucher cards or combine these with the payment methods mentioned above.

  1. Retention of Title

The goods remain the property of GOLDEN RAIN until all claims of GOLDEN RAIN arising in connection with the respective order have been settled in full by you. In the event of late payment, reminder fees of up to EUR 6.00 per reminder and default interest of 4% p.a. for consumers or 9.2% p.a. for companies above the base rate can be charged. After the second unsuccessful reminder, GOLDEN RAIN reserves the right to pursue the claim in court. In the event that GOLDEN RAIN prevails in court, the customer must bear the costs of GOLDEN RAIN for necessary and appropriate extrajudicial debt collection measures as well as the costs of court proceedings, in particular the court fees and the costs of legal representation in accordance with the Lawyers’ Tariff Act (RATG) in the currently applicable version.

In the event that the goods are resold before GOLDEN RAIN’s retention of title expires, the customer assigns all claims arising from the resale against a third party up to the amount specified in the respective purchase contract with the order and regardless of any default in payment by GOLDEN RAIN agreed purchase price, including delivery costs and any reminder fees as well as interest on arrears and, in the event of a cash resale, transfers the proceeds from the resale to GOLDEN RAIN when the order is placed. If the goods are resold, the customer undertakes to inform GOLDEN RAIN immediately and to provide the data of the purchaser. At the same time, the purchaser must be informed of the assignment of the claim or the transfer of ownership of the proceeds from the resale.

  1. Terms of Delivery

The following delivery times represent non-binding target values from which the customer cannot derive any claims.

Delivery
 The following applies to deliveries within Austria: Deliveries by home delivery are made on average five working days after acceptance of the order by GOLDEN RAIN. The delivery is made by the respective logistics partner. The customer is usually informed about the dispatch of the goods by sending the delivery notification.

Alcoholic beverages can only be served to persons who have reached the age of 16 or 18. In case of doubt, the deliverer must be presented with an official photo ID and the handover can be refused if necessary.

Due to customs regulations, beer, craft beer, sparkling wines, spirits and fortified wines (port wine, sherry) may only be shipped within Austria.

pickup
If you have chosen to collect the goods yourself from a GOLDEN RAIN branch (pickup), the goods will be available there for you regularly five working days after the order has been accepted in the vinotheque. The customer will be informed about the dispatch of the goods by sending the delivery notification by e-mail or SMS (at the customer’s option). The goods will be handed over to you upon presentation of the delivery notification (printout of the e-mail notification about the forthcoming delivery) and an official photo ID (e.g. passport, ID card, driver’s license) in the vinotheque.

  1. Consequences of a delay in delivery

GOLDEN RAIN assumes no responsibility in the event of delivery obstacles in the area of suppliers and producers. If delivery or compliance with an agreed delivery time becomes impossible due to force majeure or circumstances for which GOLDEN RAIN is not responsible (such as in particular non-delivery by producers or suppliers), GOLDEN RAIN will inform you of this. Claims for damages are excluded in this case.

If the ordered goods are (partly) not available, GOLDEN RAIN is entitled to partial delivery or GOLDEN RAIN will prepare corresponding replacement goods. However, you are under no obligation to purchase these replacement goods. In the event of a (partial delivery) withdrawal, any consideration already received will be refunded to you immediately. If GOLDEN RAIN is late with a delivery despite setting a grace period of at least two weeks, you are entitled to withdraw from the contract.

  1. Right of withdrawal (applies only to consumers within the meaning of § 1 KSchG, not to entrepreneurs)

You have the right to withdraw from purchase contracts within the following period without giving any reason. The withdrawal period is fourteen calendar days:

  • in the case of sales contracts for goods, from the day on which the consumer took possession of the goods or
  • in the case of a multi-part order or a partial delivery, the consumer has taken possession of the last goods or the last item.

However, 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 (e.g. opened packaging)
  • Goods which, due to their nature, were inseparably mixed with other goods after delivery,
  • Alcoholic beverages, the price of which was agreed at the time the contract was concluded, but which 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 the entrepreneur has no influence.

In order to exercise your right of withdrawal, you must inform GOLDEN RAIN of your decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the model form available on www.purey.at (www.purely.at/Cancellation form), but it is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the declaration of cancellation before the end of the 14-day cancellation period. Please address your cancellation notice optionally

by post to:

GOLDEN RAIN
Online shop Purely Fehringerstrasse 1
A-8490 Bad Radkersburg

  • office@golden-rain.at,
  • Phone (AT): 0043/(0) 664 781 52 47
  • Withdrawal form: www.purely.si/Ruckrittsformular

  1. Consequences of withdrawal (applies only to consumers within the meaning of § 1 KSchG, not to entrepreneurs)

Rights and Obligations of GOLDEN RAIN

If you withdraw from the contract with GOLDEN RAIN, we will owe you all payments that we have received from you, including delivery costs (except for the additional costs resulting from you choosing a different type of delivery than that offered by us, have chosen the cheapest standard delivery) immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract.

For the repayment, GOLDEN RAIN uses the same means of payment that you used in the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged fees for this repayment. GOLDEN RAIN may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

GOLDEN RAIN is entitled to offset against the services to be provided by the customer (compensation for the reduction in market value, additional payments due to falling below the minimum order value for vouchers).

Customer rights and obligations
You must return or hand over the goods to GOLDEN RAIN immediately and in any case no later than 14 days from the day on which you inform us of the cancellation of the contract. The deadline is met if you send back the goods before the period of 14 days has expired.

We bear the direct costs of returning the goods, provided you have printed out the return slip (see point 9) in your customer account area and enclosed it with your return. If the return slip is not used, the costs of returning the goods are to be borne by the customer. The specific amount of the return costs depends on the size and weight of the returned goods.

The customer must pay GOLDEN RAIN compensation for a reduction in the market value of the goods if this reduction in value is due to the handling of the goods that is not necessary to establish the nature, characteristics and functioning of the goods.

  1. Warranty

The statutory warranty provisions apply to items available on www.purely.si. The warranty period is 24 months from receipt of the goods.

In the event of defective goods, please contact GOLDEN RAIN’s customer service team listed above immediately, who will initiate all further measures. GOLDEN RAIN primarily rectifies the defects by replacing them. Instead of replacing the defective goods, you can also choose a credit note in the amount of the invoice amount paid against return of the goods.

Cork-flavored wines may occur. This is unavoidable for all wine merchants. If, after opening a bottle, you find that its contents are defective (e.g. wine is corked), please contact our customer service team (e-mail to: office@golden-rain.at or phone (AT): 0043/( 0) 664 781 52 47) in connection.

With regard to entrepreneurs, §§ 377 ff UGB in the currently valid version applies without restriction. If the customer is an entrepreneur, the customer must notify GOLDEN RAIN in writing (also by e-mail) immediately after receipt of the delivery.

  1. Indemnification and Liability

GOLDEN RAIN’s liability for contractual breaches of duty and liability from tort is limited to intent and gross negligence. Liability on the part of GOLDEN RAIN for slight negligence is excluded in any case – insofar as the liability is not based on injury to life, limb or health.

In particular, GOLDEN RAIN is not liable for misuse of your e-mail address and/or customer account if it is used by unauthorized persons. Any such misuse will be at your own risk.

The goods are insured during transport. Transport damage evident upon delivery must be reported to the transport company immediately. If goods are damaged in transit, GOLDEN RAIN will replace them.

When the goods are shipped, the risk of loss of or damage to the goods only passes to the consumer when the goods are delivered to the consumer or to a third party designated by the consumer who is different from the carrier. However, if the consumer has concluded the contract of carriage himself without using any of the options suggested by GOLDEN RAIN, then the risk passes to the carrier as soon as the goods are handed over.

If the customer is an entrepreneur, the risk is transferred when the goods are handed over to the logistics partner (carrier) chosen by GOLDEN RAIN (sales by mail).

  1. Privacy

Information on data processing by GOLDEN RAIN and your rights can be found at www.purely.at/Privacy Policy.

  1. Cookie Policy

Information on GOLDEN RAIN’s cookie policy and your rights can be found at www.purely.at/coockie_golden_rain_2018.

  1. Miscellaneous

The provincial capital of Graz is agreed as the place of performance for all obligations resulting from the contracts concluded with GOLDEN RAIN via www.purely.at. For consumers, their habitual residence is the place of performance. Austrian law applies to the exclusion of the UN sales law and the reference standards of Austrian international private law.

For all disputes arising from or in connection with contracts that come about via www.purely.at, the exclusive jurisdiction of the competent court of the provincial capital Graz is agreed. If the customer is a consumer within the meaning of the Consumer Protection Act, the jurisdiction of the competent court for the domicile or habitual abode of the customer is agreed for all such disputes. Other places of jurisdiction for consumer complaints against GOLDEN RAIN remain unaffected.

The invalidity of an individual provision of these terms and conditions does not result in the invalidity of the entire terms and conditions. The remaining provisions remain in effect.