Scope
- These terms apply to all sales and deliveries by The Opposite of West/Vidosava Veljkovic, based in Vienna, Austria.
- Deviating terms are only valid if confirmed in writing or by email.
- By placing an order, the customer agrees to these terms.
- Orders are binding offers; acceptance occurs upon delivery.
- Wine-In-Time can reject orders without explanation.
- Terms may change anytime and apply in the version valid at order time.
Prices, Shipping, and Delivery Area
- Prices are gross in euros, including taxes for domestic deliveries, excluding packaging and shipping.
- Deliveries outside Austria may incur customs duties and taxes, borne by the buyer.
- Prices can be adjusted if costs change before order placement.
- Shipping costs are borne by the buyer and shown during ordering.
- Age-restricted goods require age verification upon delivery.
Payment and Deposits
- Payment Due Date: The full purchase price must be paid immediately when the contract is finalized, or at the latest, upon delivery of the goods. For partial deliveries, payment is required for the portion of goods delivered.
- Non-Payment and Goods Repossession: If the invoice amount is not fully paid at delivery, The Opposite of West has the right to reclaim the goods at the buyer’s cost.Valid complaints allow the buyer to withhold only a reasonable portion of the payment, not the entire amount.In consumer transactions, the buyer may refuse full payment if The Opposite of West fails to deliver as agreed or if delivery is at risk due to the buyer’s poor financial condition, which was unknown and unforeseeable at contract signing. This right to refuse payment ends if The Opposite of West provides sufficient security.
- Retention of Title: The Opposite of West retains ownership of all goods until the full purchase price, including any fees is paid.
- Payments made to The Opposite of West staff will only be accepted if accompanied by a confirmed cash receipt. This requirement does not apply to transactions with consumers as defined by the Austrian Consumer Protection Act.
- If the buyer falls behind on payments or other obligations, The Opposite of West reserves the right to:
- Delay fulfilling its own obligations until all outstanding payments or services have been completed by the buyer.
- Extend the delivery period by a reasonable amount of time corresponding to the buyer’s delay.
- Charge default interest at a rate of 8% above the base rate set by the Oesterreichische Nationalbank, with a minimum interest rate of 8% per year, plus applicable sales tax.
- Withdraw from the contract if the buyer fails to meet a reasonable grace period.
- Recover any dunning and collection fees incurred, provided these are necessary for appropriate legal enforcement and are reasonable in relation to the claim. The buyer is obliged to reimburse the maximum fees allowed for collection agencies under the BMWA regulations. Additionally, any further damages caused by the buyer’s default must be compensated. This includes damages arising from higher interest costs on credit that The Opposite of West incurs due to the buyer’s non-payment, regardless of fault.
- Discounts or bonuses granted are contingent upon receipt of full payment.
- Payments for goods may be made either online or upon delivery, at the consumer’s discretion. Online payments must be processed through the payment providers listed on the website. Payments made upon delivery must be completed cash or using a card reader.
Passing of Risk
- If the buyer picks up the goods themselves, the risk and responsibility for the goods transfer to the buyer no later than the moment the goods are handed over.
- When The Opposite of West arranges delivery within Vienna and the buyer has not provided specific instructions, The Opposite of West acts as the buyer’s agent in choosing the transport method and route. In this case, the risk and responsibility transfer to the buyer when the goods are handed over by The Opposite of West’s driver.
- For consumers (as defined by the Consumer Protection Act), when The Opposite of West arranges delivery without specific buyer instructions, the risk and responsibility pass to the buyer as soon as the goods are delivered to them or to a third party they have designated (other than the carrier). However, if the consumer has arranged the carriage contract themselves and did not use any delivery options suggested by The Opposite of West, the risk transfers to the carrier once The Opposite of West hands the goods over to the carrier.
Return of Goods and Right of Withdrawal
The Opposite of West is willing to accept returns of purchased goods for a full refund under the following conditions, unless otherwise revoked: Returns must be made within 14 days from the invoice date. The items must be returned in their original packaging, undamaged, and accompanied by the original invoice. Special offers that are marked as such can only be returned if the entire quantity purchased is returned. Refunds will be issued based on the price paid at the time of the original purchase. Please note that the following items are excluded from returns: ordered/custom goods, exhibition items, remaining stock, and partial quantities from packaging units or sets.
Consumers, as defined by the Consumer Protection Act, have the right to cancel contracts governed by the Distance and Away Business Act (FAGG) within 14 days without providing any reason. The cancellation period begins on the day the consumer or a third party designated by the consumer (other than the carrier) takes possession of the goods. For orders consisting of multiple items delivered separately, the cancellation period starts when the last item is received. The day of receipt is not counted in the cancellation period. Saturdays, Sundays, and public holidays are included in the calculation of the deadline. Sending the withdrawal notice or returning the goods within the cancellation period is sufficient to comply with the deadline.
To exercise your right of withdrawal, you must send a clear statement to The Opposite of West/Vidosava Veljkovic indicating your decision to cancel the contract. This can be done via letter or email at the following contact details: Address: Blechturmgasse 10/G1, 1040 Vienna, Phone: +43 670 358 0844, Email: info@oppositeofwest.at
If you withdraw from this contract, The Opposite of West will refund all payments received, including standard delivery costs (excluding extra costs if you chose a more expensive delivery), within 14 days of receiving your cancellation. Refunds will be made using your original payment method without fees. The Opposite of West may delay the refund until they receive the returned goods or proof of return.
You must return the goods to The Opposite of West / Vidosava Veljkovic, Blechturmgasse 10/G1, 1040 Vienna, within 14 days of cancellation. The return is on you, including costs and risk. You’re only responsible for any loss in value if you handle the goods beyond what’s necessary to inspect them.
Orders and Delivery Terms
- Order Placement: Orders can be made by phone, email (Mon–Sat, 10 a.m.–10 p.m.), or online. Orders outside these times are processed at the next opening. Customers must provide a preferred and alternative delivery date plus exact delivery location.
- Order Confirmation: The Opposite of West sends a written confirmation with all order details. Only the order data is stored, which customers receive with confirmation.
- Non-Acceptance: If the customer refuses delivery, The Opposite of West may charge extra costs and deduct €25 from any payment, unless the company failed to fulfill the contract properly.
- Delivery Availability: Orders depend on stock. If demand exceeds supply, smaller quantities may be allocated. Partial deliveries are allowed and must be accepted if usable or if remaining items can be delivered on time.
- Delivery Delays: If delivery is impossible due to factors beyond The Opposite of West’s control (e.g., supply issues, strikes, force majeure), the original delivery obligation ends. The Opposite of West will offer a new date within two weeks. Delivery on this new date counts as on time.
- Contract Withdrawal: If no suitable new delivery date can be offered or met, The Opposite of West or the customer may cancel the contract without liability. For divisible services, the customer cannot reject parts that can be delivered and used.
Warranty
- Only written assurances (including email) about product properties are binding.
- Defects must be reported immediately: visible defects upon receipt, hidden defects upon discovery, with the opened goods and original invoice presented.
- Warranty claims are limited to the purchase price of the defective goods.
- The Opposite of West may choose to repair, replace, deliver missing items, or refund within a reasonable time.
- For consumers (under Austrian law), you may request repair, replacement, price reduction, or contract cancellation according to legal rights.
- Minor deviations in taste, color, size, weight, packaging, or age-related changes are not defects.
- No liability for differences from samples if within normal limits.
- Warranty ends once goods are tasted, consumed, or processed.
- Warranty lasts 2 years from transfer of risk.
- Some exclusions do not apply to consumers protected by law.
Liability for Damages
The Opposite of West is liable for damages according to law but excludes liability for slight negligence, except for injury to life, body, health, or under the Austrian Product Liability Act.
Entrepreneurs must prove intent or gross negligence to claim damages. Liability for lost profits and consequential damages is excluded and limited to 10% of the purchase price. Compensation for defect-related damages, property damage, financial loss, and third-party claims is also excluded for entrepreneurs.
These limitations do not apply to consumers under the Austrian Consumer Protection Act.
Age Verification Policy
Wine and spirits are sold and delivered only to persons aged 18 or older. The Opposite of West requires a valid photo ID for age verification before handing over goods. If delivery is refused due to lack of proper ID, the customer must cover any resulting costs. By ordering, the customer confirms they or the recipient are at least 18 years old.
Customer Service
Available weekdays, 10 a.m.–10 p.m.
Phone: +43 670 358 0844
Email: info@oppositeofwest.at
Governing Terms
The place of performance for The Opposite of West and the buyer is The Opposite of West’s business address, except in consumer contracts. Vienna courts have exclusive jurisdiction for disputes involving non-consumers.Austrian law applies, excluding the UN sales law, but mandatory consumer protection laws of the buyer’s country remain effective.