Terms and Conditions of Business

Terms and Conditions of Business of awc vienna – international wine challenge

  1. General conditions

This is a translation of the „Geschäfts- und Teilnahmebedingungen der AWC VIENNA – international wine challenge“. It is only for your information. Only the german version is legally binding. These Terms and Conditions of Business are valid for participation in the wine tasting contest AWC VIENNA and for all deliverable and performance of Edlmoser Kommunikationsagentur und Event GmbH, abbr. „AWC VIENNA“.
They are also valid for business connections in the future. The services and goods offered by Edlmoser Kommunikationsagentur und Event GmbH are intended exclusively for wineries, companies and entrepreneurs, and in no case for consumers as defined by the Austrian Consumer Protection Act (“Konsumentenschutzgesetz”). Customers of AWC VIENNA accept these Terms and Conditions of Business with the submitting of wines for the wine tasting contest, with placing of orders and with acceptance of any delivery. Otherwise stipulated conditions must be in written form to be valid. Court of jurisdiction is Vienna.

  1. Conditions of delivery

2.1. Deliveries and billing are made based on the prices and conditions valid on the day of delivery.
2.2. Goods are delivered exclusively from the Vienna warehouse unless explicitly agreed upon in writing between the parties for a different delivery and shipping method; any resulting additional costs are borne by the customer.
2.3. The risk is transferred to the customer upon handover, or in the case of dispatch – even if using AWC VIENNA‘s transport means or free delivery – at the end of loading at the Vienna warehouse.
2.4. Transport insurance is provided by AWC VIENNA only upon explicit request and at the customer’s expense.
2.5. Partial delivery is permitted.

  1. Terms of delivery

3.1. Agreed delivery deadlines and times are guidelines, with AWC VIENNA making every effort to adhere to these specified periods. Delivery deadlines, which are generally non-binding, start from the date of the order confirmation. Exceeding these deadlines does not lead to compensation claims.
3.2. Circumstances of force majeure or similar unforeseen events at AWC VIENNA or its business associates release AWC VIENNA from its obligation for timely delivery and also grant the right to cease further deliveries without any claim for damages or obligation to make subsequent deliveries.

  1. Reservation of proprietary rights

AWC VIENNA reserves the rights to exploit cost estimates, drawings, logos, illustrations, and reproductions of AWC VIENNA’s trademarks and other documents. These documents may only be made accessible to third parties with explicit consent.

  1. Conditons of payment

Under no circumstances will a refund of the registration fees be made after a valid registration for participation in AWC VIENNA and after invoicing. Payments for goods invoices or registration fees must be made via bank transfer or bank cheque upon receipt of the invoice. A flat payment fee of €10 is added for payments by bank cheque. Otherwise, cheque cashing fees will be subsequently charged at the actual amount. Postage, customs, or bank fees are not covered by AWC VIENNA and will be charged to the submitter if applicable.

Submitters from the EU should use the “EU Standard Transfer” to avoid additional fees. Otherwise, the recipient’s bank charges will be invoiced.

Payment – Bank transfer

AWC VIENNA
EDLMOSER GmbH.
Bank Austria, account no: 50982 356 803

Bank code: 12000
BIC (SWIFT-CODE): BKAUATWWXXX
IBAN: AT46 1200 0509 8235 6803

Payment – Bank cheque

AWC VIENNA
EDLMOSER GmbH.
Kalksburger Str. 1
1230 Vienna,
Austria, Europe

Due-Date of invoices
Invoices must be paid by the due date at the latest. Incoming payments are allocated to the oldest outstanding invoice regardless of the payment purpose. AWC VIENNA reserves the right to withhold evaluation results and certificates until full payment of the outstanding amount is received.

Furthermore, AWC VIENNA reserves the right to exclude submitters from participation as long as outstanding invoices remain unpaid.

Reminders and collection of debts

After the due date, outstanding invoices will be reminded once without additional fees, setting a grace period. Another reminder will be issued after this grace period expires, including the incurred postal fees. If this reminder is unsuccessful, the outstanding invoice will be handed over to a licensed collection agency, with the debtor bearing the collection costs.

  1. Submitting conditions

6.1 Participants:

Selfmarketing winegrowers; winegrowers’ co-operatives, combinations of winegrowers’ co-operatives, producer communities, wineries with own production, wineries with own wine cultivation, merchants in the name of the producers

6.2. Wine samples:
For each registered wine sample, 3 bottles must be submitted (0.75l or 1.5l, for predicate wines: 0.5l or 0.375l). Reserve bottles not needed will be used for training purposes and charitable causes. A label must be provided with each wine sample.

The submitter guarantees a homogeneous batch and commercial bottling. (Produced minimum quantity: Category 1-31 & 38, 39: 1000 bottles, Category 32-37, 40 no minimum quantities)

Barrel samples must be marked as such. (Indication of the bottling date) The submitted bottles will be carefully stored by AWC VIENNA. The risk of spoilage of wine samples during transport or storage, especially due to insufficient shelf life, lies with the submitter.

Each wine sample can only participate in a single category. AWC VIENNA reserves the right to reassign submitted wines to the category that matches the characteristics of the wine (e.g., variety(s), residual sugar content…).

Wine Analyses: Wine samples selected at random will be analyzed in the laboratory. If the information provided for a wine sample does not correspond to the analytical findings, that sample, as well as all other samples from that submitter, will be immediately disqualified from the competition.

Wine samples must be registered within the registration deadline (online or by completing the registration form in full by fax, by email) and sent within the delivery period (AWC VIENNA logistics center). The responsibility for the timely arrival of the wine samples remains with the submitter. Wine samples that do not arrive on time will not be tasted. A copy of the registration form or a printout of the “List of Registered Wines” must accompany the wine samples. The wine sample shipment must be labeled “Free Wine Samples AWC VIENNA“. Wine samples that cannot participate in the tasting according to the participation conditions or have been disqualified, as well as wrong deliveries, will not be returned.

Group submissions by importers, dealers, etc., are possible. However, the respective invoice and certificate addresses of each wine producer must always be stated, as all submissions are billed separately. The collective billing of wines from different producers at the expense of one submitter requires prior agreement with AWC VIENNA. In any case, the results will be published in AWC ONLINE under the certificate address of the respective producer under which the wines were submitted. All gold and trophy winners receive a certificate and the official AWC VIENNA door sign. All submitters whose wines have reached 84 points (Seal of Approval), or 87 points (Silver) and above, will receive certificates (participation confirmation, variety, medal rank, name of the submitter). Bottle stickers (medals) of AWC VIENNA are recognized by the European Union as wine awards and can be ordered for all awarded wines at the current price after the announcement of results. Wines below 80 points will not be published.

The mandatory services of AWC VIENNA consist in the tasting of the wines, the awarding of the rating, the publication of the tasting results on the AWC VIENNA website, and the sending of the tasting results and, if applicable, the certificates to the submitter.

All other services and shipments by AWC VIENNA are voluntary and are not to be considered obligatory even after years of practice.

6.3 Dates, tasting and awards

The dates for tasting and the announcement of results announced in advance by AWC VIENNA may be postponed due to circumstances beyond AWC VIENNA‘s control. Such changes will be communicated to the submitters as soon as possible.

If a submitter wishes to withdraw their participation due to such a postponement before the tasting, the participation fee for the withdrawn wines will be refunded proportionally. Already delivered wine samples cannot be returned or replaced in any case.

  1. Entry fees

The international participation fee per submitted wine sample of a wine producer is €80. (In Austria and the EU: plus 20% VAT) VAT is waived for submitters from all other EU states with a valid VAT number, when provided, and for submitters from non-EU states.

For every 6 submitted wine samples of a wine producer, an additional 3 wine samples of this wine producer are free of charge. (9 wine samples for the price of 6 wine samples)

  1. Tasting rules of awc vienna

8.1. Wine tastings are conducted by tasting commissions exclusively assembled by AWC VIENNA. A prerequisite for being admitted as a taster is passing the official taster examination or having an equivalent international qualification.

8.2. Tasting:
During the tastings, all wines are blind-tasted in individual tasting booths by the tasting commissions using the 100-point system. The individual ratings from commission members are summed and the average is calculated. Individual ratings that deviate by 5 or more points from the calculated average are discarded, and an average is recalculated from the remaining individual ratings, which then represents the unweighted evaluation result. Besides the point-based evaluation, ratings can also designate a wine as “spoiled or faulty” (= “ex”) or having “cork taint” (= “W”). Wine samples receiving 2 or more “ex” ratings are disqualified as faulty. Wine samples receiving 1 “ex” rating and at least 1 “W” rating, or 2 or more “W” ratings, are retasted using another bottle, if available. If a wine receives only 1 “W” or 1 “ex” rating, that single rating is not considered in the average calculation.

  1. Trophies and Prize Moneys of awc vienna

The trophies awarded by AWC VIENNA are published on the homepage www.awc-vienna.at before the submission period opens and are part of these terms and conditions. For the “AWC VIENNA special trophies” and “AWC VIENNA awards”, wines that have already been included in the calculation of these trophies in previous years will not be counted again. If the criteria for an “AWC VIENNA award” are not met, the award will not be granted.

  1. Certificates, Bottle stickers (Medals), Utility models, Logos

All certificates, bottle stickers, design patterns, and logos designed by AWC VIENNA are protected by copyright law. Permission granted by AWC VIENNA for the use or reproduction of such protected patterns is always specific to the named occasion and extent and must be carried out in the manner prescribed by AWC VIENNA. AWC VIENNA reserves the right to charge licensing fees for such use.

Especially, the reprinting of bottle stickers is only allowed with explicit prior permission and upon payment of the agreed licensing fees.

  1. Informed consent

By submitting the application, the submitter declares that they are familiar with the regulations of AWC VIENNA, accept them, and acknowledge the assessments of the tasting commissions.

By submitting the application, the submitter consents to the publication of their data and images of their labels on AWC ONLINE and on the AWC VIENNA website. By submitting, the submitter confirms that they own the rights to the submitted labels

and agrees to their royalty-free publication. Imagery from AWC VIENNA may be used by AWC VIENNA for advertising purposes.

  1. Legal obligation, Place of Jurisdiction

This text is legally binding only in its German version. All versions in other languages are non-binding translations.

Austrian law exclusively applies. EU or UN law shall not apply. Should parts of these General Business and Participation Terms become invalid, this shall have no effect on the remainder of these terms. The place of fulfillment and jurisdiction is Vienna, Austria.

2024/03/01

 

 Terms and Conditions Business.pdf