Terms of service

OVERVIEW

Welcome to shop.stierschneider.at! The terms “we”, “us” and “our” refer to Weingut Jakob Stierschneider. We operate this shop and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). Weingut Jakob Stierschneider is hosted by Shopify, which enables us to provide the Services.

The following terms and conditions, together with all policies referred to herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover matters such as warranty disclaimers and limitations of liability.

By visiting, using or interacting with our Services, you agree to these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in the state or province in which you reside, and that you have given us your consent to allow any of your minor dependants to use the Services on devices that you own, purchase or manage.

To use the Services, including to access or browse our online stores or purchase the products and services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent that all information you provide in our stores is accurate, current and complete, and that you have all necessary rights to provide that information.

You are solely responsible for maintaining the security of your login credentials and for all activity under your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to display our products and services accurately in our online stores. Please note, however, that the colours or appearance of products may differ from how they appear on your screen, depending on the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or match the images or representations shown in our online stores.

All product descriptions may be changed at any time, without notice and at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of products offered to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you make an offer to purchase. shop.stierschneider.at reserves the right to accept or reject your order at its discretion for any reason. Your order is not accepted until shop.stierschneider.at confirms acceptance. We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it, as shop.stierschneider.at may be unable to accommodate cancellation requests once an order has been accepted. If we do not accept, change or cancel an order, we will attempt to notify you using the email address, billing address and/or telephone number provided when the order was placed.

Returns or exchanges of your purchases are governed exclusively by our Return and Withdrawal Policy [LINK].

You represent and warrant that your purchases are for your personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions may change without prior notice. The price charged for a product or service is the price in effect when the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, listed prices do not include taxes, shipping costs, handling fees, customs duties or import charges.

Prices shown in our online stores may differ from prices in our physical stores or in online stores and other shops operated by third parties. From time to time, we may offer promotions relating to the Services that affect pricing and are subject to separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account information and other details, including your email address and credit card numbers and expiry dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, accurate and complete; (ii) you are duly authorised to use that credit card for the purchase; (iii) the charges incurred by you will be honoured by your credit card company; and (iv) you will pay the charges incurred by you at the stated prices, including shipping and handling fees and any applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance or events beyond our control. Once we hand the goods over to the shipping carrier, ownership and the risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trade names, trademarks, text, displays, images, graphics, product reviews, videos and audio files, as well as their design, selection and arrangement, are owned by shop.stierschneider.at, its affiliates or licensors and are protected by United States and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services solely for your personal, non-commercial use. Without our prior written consent, you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit or create derivative works from any materials on the Services. Except as expressly stated herein, nothing in these Terms grants you a licence or other rights under any patent, trademark, copyright or other intellectual property right of shop.stierschneider.at, Shopify or any third party, nor may anything in these Terms be construed as granting such a licence or right. Unauthorised use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by shop.stierschneider.at.

The names, logos, product and service names, designs and slogans of shop.stierschneider.at are trademarks of shop.stierschneider.at or its affiliates or licensors. You may not use these trademarks without the prior written permission of shop.stierschneider.at. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be given access through the Services to customer tools offered by third parties. We do not monitor these tools and have no control over or input into them.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement. We accept no liability for any damage arising from or related to your use of optional third-party tools.

Your use of optional tools offered through the website is entirely at your own risk and discretion. You should familiarise yourself with and accept the terms and conditions of the relevant third-party providers.

We may also introduce new features through the Services in the future, including new tools and resources. Such new features will also form part of the Services and be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of materials or third-party websites that you access. If you leave the Services to access such materials or websites, you do so at your own risk.

We are not liable for damages relating to your access to external websites or your purchase or use of products, services, resources or content on external websites. Please carefully review the third party’s policies and procedures and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions about third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[MERCHANT NOTE: This section accurately describes the relationship between Shopify and your store and should not be removed or modified.]

shop.stierschneider.at is hosted by Shopify, which enables us to provide the Services to you. However, all sales and purchases made in our store are directly between you and shop.stierschneider.at. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and shop.stierschneider.at, including any injury, damage or loss arising from the purchase of products and services. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising out of or relating to your purchases and transactions with shop.stierschneider.at.

SECTION 10 – PRIVACY POLICY

All personal data we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal data may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services is transmitted to and shared with Shopify and third-party providers, who may be located in a different country from your country of residence, so that they can provide services to you. For more information about how we, Shopify and our partners use your personal data, please see our Privacy Policy [LINK].

SECTION 11 – FEEDBACK

If you send, upload, post, email or otherwise submit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any media for any purpose, including commercial purposes. For example, we may use the rights granted under this licence to operate, provide, evaluate, expand, improve and promote the Services and to fulfil our obligations and exercise our rights under these Terms of Service.

You also represent that: (i) you own or otherwise have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to (1) keep your Feedback confidential; (2) pay you compensation for your Feedback; or (3) respond to your Feedback.

We may monitor, edit or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or to violate any party’s intellectual property rights or these Terms of Service, but we are not obligated to do so.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene material, or any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate another person or otherwise mislead us or third parties as to the origin of Feedback. You are solely responsible for any Feedback you provide and its accuracy. We accept no responsibility or liability for Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or within the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders at any time without prior notice if any information is inaccurate, including after you have submitted your order.

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, for any of the following purposes: (a) any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state or local regulations, rules, laws or ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or threaten our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse material that does not comply with these Terms; (g) to transmit advertising or promotional material, including junk mail, chain letters, spam or similar unsolicited messages; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that, in our judgement, may harm shop.stierschneider.at, Shopify or users of the Services, or expose them to liability.

You further agree not to: (a) upload or transmit viruses or any other type of malicious code that may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or otherwise exploit any portion of the Services; (c) collect or track the personal information of others; (d) misuse the Services through spam, phishing, pharming or pretexting; (e) use robots, spiders, scraping tools, data-gathering or extraction tools, automated devices or processes, AI tools (e.g. agentic AI), or automated or manual means to access the Services; or (f) interfere with, bypass or manipulate security or authorisation features, the Robots Exclusion Protocol or other measures we use to restrict access to the Services. We reserve the right to suspend, deactivate or terminate your account at any time without notice if we determine that you have violated any part of these Terms.

SECTION 14 – AGENTS

14.1 This section (“Agent Terms”) applies if you use, permit, enable or cause an agent to access, use or interact with the Services. “Agent” means any software or service that acts autonomously or semi-autonomously on behalf of or at the direction of a person or entity and that may operate on a person’s behalf or using that person’s device without direct supervision.

14.2 No Agent may access, use or interact with the Services unless it identifies itself at all times and acts in strict accordance with the requirements in Section 14.4 below. In addition, an Agent may not access, use or interact with any Service if we have instructed it to cease such access, use or interaction.

14.3 We may restrict, including through technical measures, whether and how an Agent accesses, uses and interacts with the Services.

14.4 Agents: (i) must indicate in all HTTP/HTTPS requests that the request originates from an Agent and disclose the Agent’s name by including “Agent/[Agent Name]” in the request’s User-Agent string; (ii) must not hide or disguise that access, use or interaction originates from an Agent, for example by (a) imitating human behaviour and interaction patterns or (b) completing or bypassing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) must answer truthfully any questions or prompts intended to determine whether interactions originate from a human or a computer; and (iv) must not bypass or otherwise evade any measures designed to prevent, restrict, modify or control whether and how Agents access, use or interact with Shopify Consumer Services.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to the Services (or any part of them) at our sole discretion at any time and without prior notice. You remain responsible for paying all amounts due up to and including the date of termination.

The following sections will continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that by their nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

Information provided on or through the Services is for general informational purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance on such information is at your own risk. We disclaim all liability and responsibility arising from any reliance on such materials by you, other visitors to the Services or anyone who may be informed of their contents.

EXCEPT AS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR PROHIBIT THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, SHALL IN NO CIRCUMSTANCES BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES, PUNITIVE DAMAGES, CONSEQUENTIAL DAMAGES OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT. THIS INCLUDES, BUT IS NOT LIMITED TO, ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCTS) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless shop.stierschneider.at, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any losses, damages, liabilities or claims, including reasonable legal fees, payable to a third party arising out of or relating to (1) your breach of these Terms of Service or the documents incorporated by reference; (2) your violation of applicable law or the rights of a third party; or (3) your access to and use of the Services.

We will notify you of any claim subject to indemnification, provided that a delay in notification will not relieve you of your obligations unless you suffer material prejudice as a result. We may control the defence and settlement of such a claim at your expense, including the choice of legal counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, which must not be unreasonably withheld. You agree to cooperate in the defence of indemnified claims, including by providing relevant documents.

SECTION 19 – SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, invalid or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms. Such a determination will not affect the validity and enforceability of the remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this website or in relation to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications and proposals between you and us, whether oral or written, including any prior versions of the Terms of Service.

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party that drafted them.

SECTION 21 – ASSIGNMENT

You may not delegate, assign or transfer this agreement or any of your rights or obligations under these Terms without our prior written consent. Any such attempt is void. We may assign, transfer or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements under which we provide you with Services are governed by and construed in accordance with the jurisdiction of the federal and state or territorial courts in the location where shop.stierschneider.at is based. You and shop.stierschneider.at consent to the local and personal jurisdiction of those courts.

SECTION 23 – HEADINGS

The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 24 – CHANGES TO THE TERMS OF SERVICE

The most current version of the Terms of Service can be viewed at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and those changes will take effect on the date stated in the notice. Your continued use of or access to the Services after any changes to these Terms of Service have been posted constitutes your acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to info@stierschneider.at.

Our contact details are as follows:

Weingut Jakob Stierschneider
Kremser Straße 6
3610 Weißenkirchen, Austria

Telephone: +43 664 427 9892
Email: info@stierschneider.at
VAT ID: ATU 81409218

 

Important note: This is an English-language translation of the supplied German text, not a legal review. The source contains placeholders such as [LINK] and [MERCHANT], and some clauses may need adaptation for mandatory consumer protection law in Austria and the EU before publication.