AGBs

As of October 2, 2026 – effective October 2, 2026

1 Introduction and definitions

1.1 Introduction

T&D Agri GmbH provides a service under the name “winewallet” for the storage and digital management of wine bottles stored at a location designated by T&D Agri GmbH. In accordance with these General Terms and Conditions (GTC), users may create a user account at www.wine-wallet.com and subscribe to winewallet. After subscribing to winewallet, wine bottles can be properly and professionally stored and retrieved from storage locations. The data regarding the stored wine bottles is digitized by T&D Agri GmbH and can then be viewed in the user account, allowing users to manage their stored wine bottles—which includes, in particular, the ability to initiate the storage and retrieval of the wine bottles.

1.2 Definitions

The following terms have the meanings set out below, unless the context requires otherwise:

1.2.1 T&D Agri — T&D Agri GmbH, a limited liability company duly incorporated and existing under Austrian law, with its registered office in St. Pölten, Austria, registered in the Austrian Commercial Register under FN 561428f at the St. Pölten Regional Court, with the following VAT ID: ATU77142147, with the address Wiener Straße 64, 3100 St. Pölten, email: hello@wine-wallet.com, and phone number: +43 (0) 5 0259 21150.

1.2.2 Terms and Conditions — These Terms and Conditions, which can be viewed at www.wine-wallet.com.

1.2.3 Portal — The website operated by T&D Agri, accessible at www.wine-wallet.com, on which T&D Agri offers winewallet subscriptions on a non-binding basis.

1.2.4 Users — Users of the portal who have registered with a user account. This includes both consumers and business owners as defined in § 1 of the Consumer Protection Act.

1.2.5 Customers — Users of the portal who have taken out an active winewallet subscription with T&D Agri. This includes both consumers and business owners as defined in § 1 of the Consumer Protection Act.

1.2.6 User Account — The user account opened by a user on the portal, which must be created by the user in order to use all of the portal’s features, including subscribing to winewallet.

1.2.7 winewallet Software Services — The software services provided by T&D Agri to the user on a non-exclusive basis through the winewallet subscription in the user’s account for the digital management of the digital wine cellar (as specified in Section 4.5 of these Terms and Conditions).

1.2.8 Digital Wine Cellar — The inventory of wine bottles displayed in the customer’s user account after subscribing to winewallet. This inventory represents the wine bottles stored at the storage location.

1.2.9 winewallet Subscription — The paid contract concluded between the user and T&D Agri for an indefinite term, in accordance with the information provided by the user on the portal and these Terms and Conditions, for the reservation of storage spaces at a storage facility for the purpose of receiving wine bottles from the customer for the properand professional storage of the wine bottles at the storage facility, the use of the winewallet software services, and the provision of related ancillary services.

1.2.10 T&D Agri Partners — Winemakers and online stores that arrange T&D Agri subscriptions in their retail spaces or as part of purchases made through the online store winewallet, and/or facilitate the delivery of purchased wines by T&D Agri to a storage location after the customer has made the purchase.

1.2.11 Main Service: “ winewallet ” Subscription — The contractual service provided by T&D Agri as part of the “ winewallet ” subscription, which involves the acceptance of wine bottles owned by the customer for properand professional storage at T&D Agri’s storage facility, as well as the provision of the digital wine cellar in the user account for the customer to manage the stored wine bottles in accordance with the customer’s specifications on the portal, the selected “ winewallet ” subscription, and the provisions of these General Terms and Conditions. The proper and professional storage expressly does not include the inspection and improvement of the quality of the stored wines. Therefore, even when stored properly and professionally, stored wines may not develop and age in quality as the customer might have hoped. It is also possible that the wine’s quality is already defective at the time of storage and that it may deteriorate (further) over the course of storage.

1.2.12 Ancillary Services for the “ winewallet ” Subscription — Specific services, some of which are optional, provided by T&D Agri as part of the “ winewallet ” subscription in accordance with the information provided by the customer on the portal, the selected “ winewallet ” subscription, and these Terms and Conditions, which do not constitute a primary service. Ancillary services under the winewallet subscription are those related to the storage and retrieval of wines (Sections 4.7 and 4.8 of these Terms and Conditions). “Optional ancillary services” are subject to a fee and must be paid in addition to the subscription fee. “Integrated ancillary services” are automatically included in the winewallet subscription and are already covered by the subscription fee.

1.2.13 Authorized User — The user who has lawful access to the user account and, thereby, to the digital wine cellar. For the purposes of T&D Agri, only the person who is the authorized user of the user account in which the bottle of wine is recorded may be considered the authorized user with respect to that bottle of wine.

1.2.14 Storage Spaces — The unit of measurement that determines storage capacity under the winewallet subscription. The number of storage spaces occupied by a wine bottle depends on its volume: Wine bottles with a volume of up to 0.75 liters occupy one storage space. For larger bottle sizes, the volume is divided by 0.75 liters and rounded up to whole storage spaces. Examples: Magnum (1.5 liters) = 2 storage spaces, Double Magnum (3 liters) = 4 storage spaces, Impériale (6 liters) = 8 storage spaces.

1.2.15 Storage Package — The package selected by the customer as part of the winewallet subscription, which is determined by the number of storage spaces. In addition to the proper and professional storage of wines, the storage package also includes ancillary services, unless these are explicitly subject to an additional fee as optional ancillary services.

1.2.16 Subscription Fee — The fee displayed on the portal that the customer must pay to T&D Agri for the selected winewallet subscription (including the integrated ancillary services).

1.2.17 Storage Location — The location where T&D Agri stores the customer’s wine bottles. The storage location is designated by T&D Agri. For the purposes of receiving and shipping, the wine bottles may also be temporarily stored at a location other than the storage location. The storage location is not the registered office of T&D Agri.

1.2.18 Warehouse Operator — The operator who manages the respective storage facility and stores the wine bottles on behalf of T&D Agri.

1.2.19 Disposal — Refers to either (i) storage in accordance with Section 4.7 or (ii) removal from storage in accordance with Section 4.8.

1.2.20 Storage — The transfer of wine bottles to T&D Agri and the acceptance of wine bottles by T&D Agri for storage at a storage location, as initiated by the customer, in accordance with Section 4.7.

1.2.21 Removal from Storage — The transfer of wine bottles to the customer, as well as the customer’s receipt of wine bottles upon their release from storage, as initiated by the customer in accordance with Section 4.8.

1.2.22 Delivery Order — The request to be submitted to T&D Agri via the user account by an authorized representative of the owner of a stored wine bottle, requesting that the wine bottles be removed from storage via personal delivery or mail shipment in accordance with Section 4.8.

1.2.23 Business Hours — T&D Agri’s business hours are as follows: on business days, Monday through Thursday from 9:00 a.m. to 4:00 p.m. and Friday from 9:00 a.m. to 12:00 p.m.

2 Scope of application and validity of the GTC

2.1 These Terms and Conditions apply to all use of the portal, including the user account and the purchase of winewallet subscriptions, as well as to all statements, offers, transactions, contractual relationships, and all business dealings between T&D Agri and users or customers.

2.2 Conflicting Terms. Any terms and conditions of users or third parties that conflict with these Terms and Conditions, or any other agreements between T&D Agri and users or third parties, shall not be effective unless confirmed in writing by T&D Agri.

2.3 Acceptance of the Terms and Conditions. By checking the corresponding checkbox before registering a user account or before subscribing to winewallet, the user accepts these Terms and Conditions and expressly agrees to them.

2.4 Changes and Amendments to the Terms and Conditions. T&D Agri reserves the right to update or amend these Terms and Conditions at any time and at its sole discretion to align them with its future business practices; for technical reasons and to make appropriate technical adjustments to the portal and the winewallet software services; in the context of technological progress and to adapt to the technical and economic environment; to supplement or improve existing features and offerings of the portal and the services provided thereon within the scope of the user account and the winewallet subscription; to ensure the ongoing functionality of the portal and its services; for legal and regulatory reasons; and for security reasons, as well as in the event of changes to the contracts between T&D Agri and its service providers, in particular the contracts with the storage operator(s). The currently valid version of the Terms and Conditions is available on the portal. In the event of an intended amendment to the agreed Terms and Conditions, T&D Agri will notify users by email and grant a reasonable period of at least fourteen calendar days to object to the amendment. By continuing to use the portal and/or the winewallet subscription without objection after this period has expired, the user agrees to the updated and then-current version of the Terms and Conditions. The customer will be informed of the consequences of failing to object in the written notice regarding the amendment to the Terms and Conditions. In the event of an objection, T&D Agri reserves the right to exclude the user from future use of the portal or certain features and services and/or, provided the change is not merely minor and is objectively justified, to terminate the winewallet subscription for cause.

3 The Portal and User Account

3.1 Description of the Portal. T&D Agri operates the portal as a platform for presenting, marketing, and managing winewallet subscriptions.

3.2 Registration. Users can register a user account on the portal. Use of a winewallet subscription, as well as other features and services of the portal, is only possible after creating a user account on the portal.

3.3 Eligible Users and Rejection. Use of the portal and registration of a user account are permitted only to users who are legally competent under the laws of their respective countries of residence. No one has a right to create a user account. T&D Agri is entitled to reject user registrations without providing a reason. Use of the Portal requires that the user has reached the minimum age required. T&D Agri reserves the right to verify the user’s age and to request appropriate proof of age from the user.

3.4 Registration Process. To register a user account, the user must provide a valid email address and a password during the registration process. To verify the user’s identity, T&D Agri will send an email to the address provided by the user after the registration information is submitted; the user must confirm this email to complete the registration process (double opt-in); T&D Agri reserves the right to request additional proof of identity (in particular, copies of identification documents). Once the user’s identity has been confirmed, the user must provide the information requested during the registration process completely and truthfully before the user account can be used.

3.5 Changes to User Information. If user information changes at a later date, these changes must be updated in the user account immediately. T&D Agri will always communicate with the user via the email address or mailing address provided. The user must ensure that this information is always accurate and that the email inbox is checked regularly, at least several times a week.

3.6 No Use by or Transfer to Third Parties. Access to and use of the user account is permitted only to the respective user personally. The login credentials for the user account must be kept confidential at all times, must not be disclosed to third parties, and must be protected from access by third parties and kept secure. The user account may not be sold, rented, or otherwise transferred to third parties. The user is personally responsible for all damages and losses resulting from third-party access to the user account due to a culpable breach of these obligations by the user, and the user is liable to T&D Agri for any damages caused thereby. If the user detects unauthorized or suspicious activity, the user must notify T&D Agri immediately.

3.7 Liability of T&D Agri. T&D Agri is not liable for damages resulting from the unauthorized use of the portal, nor for damages resulting from the loss or the intentional disclosure, in violation of its obligations, of user account access credentials.

3.8 No Obligation to Update with Respect to Business Entities: The obligation to update under Section 7 of the Consumer Warranty Act does not apply to business entities.

3.9 No Warranty Regarding the Continued Operation of the Portal for Users. For users of the portal who are not customers, T&D Agri provides the portal, including the user account, free of charge; therefore, the statutory warranty provisions do not apply. T&D Agri makes no representations regarding the uninterrupted and continuous operation and functioning of the portal, including the user account. T&D Agri is entitled at any time, even without prior notice, to perform maintenance or upgrade work on the Portal, including the user account, which may result in the Portal, including the user account, being taken offline or interrupted. T&D Agri is not obligated to provide a specific server capacity or bandwidth; overloads and longer response times may occur.

3.10 Term and Termination: Use of the portal, including the user account, is available for an indefinite period following registration. Users may terminate their use at any time. T&D Agri reserves the right to suspend or discontinue the portal or other services offered on the portal—with the exception of services provided as part of the “ winewallet ” subscription—at any time, either temporarily or permanently.

4 The " winewallet" Subscription

4.1 Conclusion of the Contract

4.1.1 Conclusion of the Contract. The services offered on the T&D Agri portal are to be understood as an invitation to make an offer and are therefore not binding on T&D Agri. The customer may either order a winewallet subscription directly through their user account or request an offer from T&D Agri for a winewallet subscription via the portal or through their user account. By placing an order through their user account, the customer submits a binding offer to T&D Agri in accordance with the terms of these General Terms and Conditions. Immediately after placing their order, the customer will receive an email from T&D Agri confirming receipt of the order, its acceptance, and thus the conclusion of the contract regarding the ordered winewallet subscription. If the customer has requested an offer from T&D Agri, the contract is concluded upon the customer’s acceptance of the offer. Upon conclusion of the winewallet subscription, T&D Agri reserves storage spaces at the storage facility in accordance with the terms agreed upon in the winewallet subscription for the receipt of the customer’s wine bottles for the purpose of proper and professional storage at the storage facility (Storage Package), T&D Agri grants the customer a non-exclusive right to use the winewallet software services for the purpose of using the digital wine cellar, and the customer commissions T&D Agri to provide the aforementioned services in exchange for payment of the subscription fee in accordance with the provisions of these General Terms and Conditions.

4.2 Term and Termination of the " winewallet" Subscription

4.2.1 Term. The winewallet subscription is entered into for an indefinite term and ends upon termination.

4.2.2 Start of the Term. The term of the winewallet subscription begins on the date the contract is concluded, as specified in Section 4.1.1.

4.2.3 Cancellation. If you choose a winewallet subscription with a monthly subscription fee, the winewallet subscription may be properly canceled at any time via email or through your user account, subject to a three-month notice period. If you choose a winewallet subscription with an annual subscription fee, the winewallet subscription may be terminated with due notice by email or through your user account, subject to a four-week notice period effective at the end of the prepaid period. The right of both parties to terminate the agreement for cause remains unaffected.

4.2.4 Customer’s Obligation to Remove Items. The customer is obligated to arrange for the removal of the wine bottles stored by him or her by the end of the notice period (“removal period”).

4.2.5 Consequences of the Customer’s Failure to Remove the Wine: If the customer fails to arrange for the removal of the wine bottles despite termination of the contract and the setting of a grace period of fourteen days, T&D Agri is entitled to charge a reasonable storage fee and, following prior written notice and the fruitless expiration of an additional grace period of fourteen days, to store or dispose of the wine bottles at the customer’s expense.

4.3 Storage Packages, Subscription Fees, and Other Fees

4.3.1 Storage Packages. T&D Agri offers various storage packages as part of the “ winewallet ” subscription, with different storage slots, subscription fees, and additional services. If the customer wishes to use more storage slots than are included in the available storage packages, T&D Agri can create a customized storage package at the customer’s request.

4.3.2 Subscription Fee. The customer may choose between monthly and annual payment periods for the subscription fee. If agreed upon as part of the selected winewallet subscription, the subscription fee also includes the cost of insurance coverage for the stored wine bottles. The insurance covers the market value of the stored wine bottles at the time the damage occurs, up to a maximum of the insured amount specified in the respective winewallet subscription. The market value is determined based on the replacement cost of the stored wine bottles.

4.3.3 Subscription Fee Period and Due Date. The subscription fee corresponding to the winewallet subscription selected by the customer becomes due for the first time on the date the winewallet subscription contract is concluded. In the user account, the customer can see at any time how many storage slots in the current winewallet subscription are already occupied and how many storage slots are still available. The subscription fee is determined by the applicable winewallet subscription and is listed in the user account. The subscription fee for the winewallet subscription is charged in advance and billed to the customer.

4.3.4 Additional Insurance Fee: If the value of the stored wine bottles exceeds the insured amount covered by the insurance included in the subscription fee (Section 4.3.2), the customer may purchase additional insurance coverage through T&D Agri for an indefinite period. The customer shall pay the annual insurance premium for this separately in advance.

4.3.5 Security Deposit. In objectively justified individual cases, T&D Agri reserves the right, upon conclusion of the contract, to charge the customer a security deposit for the winewallet subscription selected at the time of contract conclusion as security for all claims arising from the winewallet subscription, including damages. For monthly payments, the security deposit amounts to up to three months’ subscription fees; for annual payments, it amounts to up to one-quarter of the agreed-upon annual subscription fee for the selected winewallet subscription. The customer must immediately replenish any portion of the security deposit that has been used up. The security deposit will be refunded to the customer without interest within 4 weeks after the termination of the winewallet subscription, the settlement of all outstanding claims secured by the deposit, and the removal of the last bottle of wine.

4.3.6 Value Protection. It is agreed that the subscription fee shall be protected against inflation. The index figure as of the date the contract is concluded serves as the baseline for value protection. The figure resulting from a change in the index serves as the new baseline for calculating subsequent adjustments. The index figure calculated for November of the current calendar year serves as the reference value. As of January 1 of each calendar year, the subscription fee is adjusted (reduced or increased) in accordance with the changes in the index figure resulting from a comparison of the reference value to the baseline and remains valid for the following 12 months. An adjustment to the fee (reduction or increase) based on a change in the index may take effect no earlier than 2 calendar months after the date the contract is concluded. The Consumer Price Index 2020, as published by STATISTIK AUSTRIA (Federal Statistical Office of Austria), is agreed upon as the applicable index. Should the Consumer Price Index no longer be published, it shall be replaced by the index that officially supersedes it.

4.3.7 Value-Added Tax. The subscription fee specified in Section 4.3.2 includes Austrian value-added tax at the current statutory rate of 20%. Should the rate of Austrian value-added tax change, the subscription fee specified in Section 4.3.2 will be adjusted accordingly.

4.3.8 Other (Import) Duties. Any other fees, taxes, duties, customs duties, charges, or other costs incurred upon delivery to the recipient pursuant to the legal provisions of the country of destination shall be borne in full by the user or recipient in accordance with these provisions. T&D Agri cannot pre-calculate or pay these costs due to a lack of knowledge regarding them.

4.4 Storage Location and Right of Access

4.4.1 Ownership by the Authorized User. The stored wine bottles remain the property of the Authorized User at all times, as specified in the user account.

4.4.2 Storage Location. Upon the customer’s request, the storage location of his wines will be disclosed to him.

4.4.3 No Right of Access. To ensure safe and uninterrupted warehouse operations, as well as for security, insurance, and data protection reasons, the customer has no right of access to the warehouse premises. Access at any time is therefore not permitted. In justified exceptional cases, T&D Agri may, at its sole discretion, grant the customer access. A request for access must be submitted to T&D Agri in writing, stating the reason, at least five business days in advance, and access will be granted exclusively upon written confirmation by T&D Agri, during business hours, and when accompanied by a T&D Agri employee.

4.4.4 (No) Access by Third Parties. Third parties (including users of the portal who have not stored any wine) are generally not granted access to the storage facility. If access is granted as an exception in accordance with Section 4.4.3 and is to be carried out by an authorized representative of the customer, a valid written proof of authorization (power of attorney) must be submitted in advance (as a copy or digital scan) and the original must be presented by the authorized representative.

4.4.5 No Pickup. No pickup may be arranged as part of the access service. If the customer wishes to arrange a pickup, Section 4.8 (in particular Section 4.8.3, “Pickup by Self-Collection”) must be followed.

4.5 winewallet Software Services

4.5.1 Features of the winewallet Software Services. The winewallet software services enable users, as part of the winewallet subscription, to manage the stored wine bottles in the digital wine cellar. For this purpose, data on the stored wine bottles is digitized by T&D Agri in accordance with Section 4.7.5, so that this data is displayed in the customer’s digital wine cellar and the customer can access it in accordance with Sections 4.7 and 4.8.

4.5.2 No Exclusivity. T&D Agri’s provision of the winewallet software services to the customer is not exclusive. Nothing in these Terms and Conditions prevents T&D Agri from providing its winewallet software services to other parties as well.

4.5.3 Intellectual Property. Ownership and all intellectual property rights in and to the winewallet software and the winewallet software services, the portal, and all underlying systems are vested solely in T&D Agri (and its licensors). The customer may not challenge or dispute the ownership or validity of these intellectual property rights.

4.5.4 Availability. Subject to Section 4.5.5, T&D Agri will use reasonable efforts to ensure that the winewallet software services are available 24/7. T&D Agri strives to ensure 99.9% availability during T&D Agri’s business hours—that is, on business days Monday through Thursday from 9:00 a.m. to 4:00 p.m. and on Fridays from 9:00 a.m. to 12:00 p.m.—calculated over a one-calendar-year observation period. However, it is possible that the winewallet software services may occasionally be unavailable, for example, due to maintenance or other development activities, or in the event of force majeure. For clarity, it is noted that downtime caused directly or indirectly by any of the above-mentioned events or by errors or failures in the customer’s computer systems or networks shall not be considered a breach of this agreement. T&D Agri will use reasonable efforts to publish details of any anticipated downtime or outages in advance on the portal within the user account.

4.5.5 Service Level. If an error occurs while using the winewallet software services, the customer must report it to T&D Agri immediately. Upon receiving notification from the customer regarding an error, T&D Agri will inform the customer within a reasonable response time (during T&D Agri’s business hours, i.e., on business days Monday through Thursday from 9:00 a.m. to 4:00 p.m. and Friday from 9:00 a.m. to 12:00 p.m., within 24 hours in urgent cases and within 120 hours in non-urgent cases) that work is underway to resolve or repair the error. Along with the notification of the error, the customer must provide T&D Agri with all available information regarding the error that T&D Agri reasonably requires or requests in order to diagnose, assess, and resolve the error. T&D Agri strives to resolve or repair a fault within a reasonable resolution timeframe (during T&D Agri’s business hours, i.e., on business days Monday through Thursday from 9:00 a.m. to 4:00 p.m. and Friday from 9:00 a.m. to 12:00 p.m., within one week for urgent cases and within one month for non-urgent cases), depending on the classification of the fault. Depending on the cause, severity, and complexity of a fault, the resolution time may be exceeded. Delays in the response or resolution time resulting from the customer’s failure or delay in providing the information necessary to assess or resolve a fault, or in taking the necessary measures, will not be taken into account when calculating the resolution time.

4.5.6 Maintenance Services. T&D Agri will provide the Customer with maintenance services for the duration of the winewallet subscription. T&D Agri will, to the extent practicable, notify the Customer at least five business days in advance of any scheduled maintenance services that may affect the availability or quality of the winewallet software services. The customer shall permit such maintenance services at the specified time and shall take appropriate precautions against update/upgrade errors and failures. T&D Agri may suspend the provision of maintenance services if any amount owed by the customer to T&D Agri under the winewallet subscription—other than a de minimis amount—remains overdue despite a reminder from T&D Agri, the setting of a 30-day grace period, and notice of the suspension of maintenance services.

4.5.7 Customer Obligations. The Customer shall, in its own name and at its own expense, provide all infrastructure, systems, software applications, and/or interfaces necessary to connect to and use the winewallet software services in accordance with their specifications. This includes, among other things, the setup and maintenance of accounts (including those with third-party providers) with which the winewallet software services interact. T&D Agri is in no way responsible for the infrastructure, systems, software applications, interfaces, and/or third-party providers to be provided by the customer, nor is it responsible for any outages, errors, or malfunctions related thereto; the resolution of such issues is not included in T&D Agri’s response or resolution times or other service or maintenance obligations.

4.5.8 Limited Warranty for Business Customers. T&D Agri’s warranty to customers who are business customers is limited to the representations expressly set forth in these Terms and Conditions. All other warranties, representations, guarantees, or assurances are expressly excluded. In particular, the customer acknowledges that complex software is never completely free of defects, errors, and bugs. Subject to the other provisions of these Terms and Conditions, T&D Agri makes no warranty or representation that the winewallet software services are completely free of defects, errors, and bugs. The customer further acknowledges that complex software is never completely free of security vulnerabilities. Subject to the other provisions of this Agreement, T&D Agri makes no warranty, guarantee, or representation that the winewallet software services are completely secure. Furthermore, T&D Agri assumes no liability for the fact that the winewallet software services: (i) meet the Customer’s requirements; or (ii) are completely secure, free of viruses or other malicious code, and available without interruption or error. The obligation to provide updates under Section 7 of the Consumer Warranty Act is excluded for business customers. Claims against T&D Agri arising from warranty or similar legal remedies are, at T&D Agri’s discretion, limited in any case to security updates for known security vulnerabilities.

4.5.9 Fee for winewallet software services. Use of the winewallet software services as part of the winewallet subscription is covered by the subscription fee.

4.6 Disposal of Wine Bottles and T&D Agri’s Right of Retention

4.6.1 Types of Disposal. The authorized user of a bottle of wine may dispose of the bottles as follows within the scope of their winewallet subscription: Storage (see 4.7); Withdrawal (see 4.8).

4.6.2 Right of Retention. If the customer is in default of payment of the subscription fees, T&D Agri may suspend the types of access described in Section 4.6.1 until the outstanding balance is paid in full. As a result, the customer may not store or remove any additional bottles of wine until the outstanding subscription fees due have been paid in full. The outstanding amounts are displayed in the user account.

4.7 Disposal of Wine Bottles: “Storage”

4.7.1 Ongoing Storage of Wine Bottles. Wine bottles may be accepted for storage at the customer’s expense and risk, subject to at least one business day’s advance notice, either by personal delivery to a drop-off address as specified in Section 4.7.2 or by mail as specified in Section 4.7.3. The customer also has the option of using a pickup service as described in Section 4.7.4.

4.7.2 Storage via In-Person Drop-Off. By selecting the storage function displayed in the user account, the authorized user will see available dates for in-person drop-off at the drop-off address (no earlier than the next business day) during business hours. The authorized user can select a drop-off date and a drop-off address and will then receive a confirmation along with a drop-off receipt, which must be presented upon in-person drop-off. Wine bottles may only be accepted from third parties if proper written proof of authorization (power of attorney) is provided. During in-person drop-off, the wine bottles to be handed over are verified against the delivery receipt, and the drop-off is confirmed on the acceptance log. Temporary storage at another location is possible.

4.7.3 Storage via Mail. The customer has the option to arrange for wine bottles purchased from T&D Agri partners to be shipped directly to a T&D Agri delivery address. The T&D Agri Partner will then arrange for the wine bottles to be shipped via postal service to the selected T&D Agri delivery address and will provide T&D Agri with advance notice, including a delivery slip. When purchasing wine bottles from other winemakers and online stores that are not T&D Agri Partners, the customer has the option to arrange for the wine bottles to be stored via postal shipment by specifying a delivery address that differs from the billing address. In this case, the customer must provide advance notice of the storage. Wine bottles can only be accepted during business hours. Temporary storage with the shipping provider is possible.

4.7.4 Storage via Pickup Service. T&D Agri offers a pickup service upon separate request. As part of this pickup service, T&D Agri will pick up and take possession of the wines at an agreed-upon location and (after temporary storage) transport them to the storage facility. Storage must be scheduled in advance, after which the customer will receive a confirmation including a transfer receipt, which must be presented at the time of pickup. Third parties may only take possession of the wine bottles if they provide proof of power of attorney. The transfer is documented. Storage resulting from the use of the pickup service is governed by the respective individual agreement between the customer and T&D Agri.

4.7.5 Receipt and Storage. After the wine bottles are received, they are temporarily stored and transported to the storage facility. At the storage facility, the wine bottles are authorized, their data is digitized, and the bottles are stored. If the data regarding the wine bottles has already been digitized by a T&D Agri Partner, the wine data is verified and, if it matches, used for storage. After storage, the customer receives a confirmation and a list of the stored wines in the digital wine cellar. Business owners must review the list of stored wines and report any discrepancies, such as missing wine bottles, to T&D Agri within 14 calendar days.

4.7.6 Transfer of Risk. In the case of shipment by mail, personal delivery, or use of the pickup service, the risk of loss, damage, or destruction of the wine bottles does not pass to T&D Agri until the wine bottles are actually accepted for storage. The shipment of wine bottles to T&D Agri by mail is at the customer’s own risk.

4.8 Disposal of Wine Bottles: “Removal from Inventory”

4.8.1 Pickup. The Authorized User may request the pickup of stored wine bottles using the corresponding feature in the user account; delivery by mail to a specified address and in-person pickup are available.

4.8.2 Shipping via Mail. T&D Agri will arrange for delivery by mail to the shipping address provided by the Authorized User within the timeframe specified in the user account, but no later than fourteen days after receiving the shipping order. Delivery times may vary and depend on the destination.

4.8.3 Pickup by the Authorized User. Pickup times (no earlier than the next business day) are displayed in the user account during business hours. The Authorized User selects a pickup time and receives a confirmation along with a pickup code. The pickup address is provided to the Authorized User with the confirmation. Wine bottles may only be handed over to third parties with a power of attorney.

4.8.4 Shipping Address and Payment. Before placing a final order, the user must provide the desired shipping address. The user account displays the applicable shipping costs, outstanding subscription fees, and any applicable excise taxes. The user must pay these amounts; T&D Agri will not begin processing the order until full payment has been received. T&D Agri is not responsible for fees imposed by authorities in the destination country.

4.8.5 Transfer of Risk. Upon removal from storage, the risk of loss, damage, or destruction passes to the Authorized Party as soon as the wine bottle(s) has (have) been handed over to the Authorized Party or to a third party designated by the Authorized Party. Carriers commissioned by T&D Agri are not considered third parties designated by the Authorized Party. If, in the case of self-pickup as described in Section 4.8.3, pickup is not arranged by the agreed-upon date, the user bears the risk from that point onward; T&D Agri may set a grace period for pickup or cancel the order.

4.8.6 Inspection of Shipped Wine Bottles. In the case of delivery by mail, the recipient must inspect the wine bottle for damage caused during shipping immediately upon receipt and report any such damage to the delivery person and T&D Agri; any other visible defects must be reported to T&D Agri without delay, but no later than 5 business days after receipt. For self-pickup, the item must be inspected immediately upon pickup; defects must be reported within 5 business days.

5. Right of Withdrawal for Consumers

5.1 Consumer Right of Withdrawal. If the customer is a consumer as defined by the provisions of the Consumer Protection Act (KSchG), he or she may, pursuant to § 11 FAGG, withdraw from the winewallet subscription within fourteen days without providing a reason. The withdrawal period is fourteen days from the date the contract is concluded.

5.2 Exercising the Right of Withdrawal. To exercise the right of withdrawal, the customer must notify T&D Agri GmbH, Wiener Straße 64, 3100 St. Pölten, email: hello@wine-wallet.com, phone number: +43 (0) 5 0259 21150, of their decision to cancel the winewallet subscription by means of a clear statement (e.g., a letter sent by mail or an email). The sample withdrawal form attached in the appendix may be used for this purpose, but its use is not mandatory. To meet the withdrawal deadline, it is sufficient for the customer to send the notice before the deadline expires.

5.3 Consequences of Cancellation. If the winewallet subscription is canceled, T&D Agri must refund the payments received immediately and no later than within fourteen days. For this refund, T&D Agri will use the same payment method that the user used to make the payment. The refund may be made, for example, via bank transfer to the bank account provided by the user or, if the original payment was made with a gift card, by issuing a corresponding credit to the gift card. No fees will be charged.

5.4 Refusal to Refund. In the event of cancellation, T&D Agri may refuse to issue a refund until the customer’s wine bottles have been completely removed from storage.

5.5 Obligation to Return the Goods. The customer must return the bottles of wine immediately, and in any event no later than fourteen days from the date T&D Agri was notified of the cancellation.

5.6 Costs to Be Bearing by the Customer. The customer is responsible for the direct costs associated with the removal of the wine bottles (e.g., shipping costs, travel expenses).

5.7 Entitlement to Compensation in the Event of Early Commencement of Services. If the customer has requested that the first storage of at least one bottle of wine take place before the expiration of the cancellation period, the customer must pay T&D Agri a reasonable amount corresponding to the portion of the services already rendered up to that point.

6 Insurance, Liability, and Force Majeure

6.1 Insurance for the Pickup Service. When storing wine using the pickup service, the shipment is insured for the replacement value of the stored wine bottles.

6.2 Insurance for Stored Wine Bottles. The wine bottles stored at the storage facility are covered by an insurance policy taken out by T&D Agri, provided that the selected “ winewallet ” subscription includes this coverage (Section 4.3.2). The insurance covers loss, destruction, and damage to the stored wine bottles while they are in storage at the storage facility. Compensation is provided for the value of the goods (replacement value) of the affected wine bottles at the time the damage occurs, up to a maximum of the insured amount specified in the respective storage package. The sum insured included in the respective storage package is shown in the package overview on the portal or in the quote; storage packages without insurance coverage are marked accordingly there. If the value of the goods exceeds the sum insured, additional insurance coverage may be arranged in accordance with Section 4.3.4. Damage must be reported to T&D Agri in writing immediately upon discovery.

6.2.1 Wine as a Natural Product—Changes Not Covered by Insurance. Wine is a living, natural product that undergoes constant change even when stored properly and in accordance with best practices. Therefore, T&D Agri’s insurance coverage and liability do not extend to changes, defects, or reductions in value attributable to the nature of the wine itself, in particular the natural maturation and aging process, spoilage, oxidation, cork taint (e.g., “corky taste”), natural loss due to evaporation (loss of liquid level), precipitation and sediment formation, leakage of wine resulting from defective corks or closures, as well as defects that already existed at the time of acceptance. Also excluded are fluctuations in the market price or market value of the stored wines (see also Section 1.2.11 and Section 6.9).

6.3 Insurance for Property Damage and Personal Injury. For damages caused to the customer by the negligent conduct of T&D Agri or a person attributable to T&D Agri, liability insurance is in place with coverage of at least EUR 10,000 for property damage and at least EUR 10,000 for personal injury.

6.4 Insurance for Mail-Order Shipments. For mail-order shipments, the package is insured by default for up to EUR 500 per package. Higher coverage is available as an option for an additional fee.

6.5 Transfer of Risk. The risk of loss, damage, or destruction of wine bottles does not pass to T&D Agri until actual takeover; in the case of storage via mail, the customer bears the risk until T&D Agri takes possession. Upon removal from storage, the risk passes to the authorized party as soon as the goods are handed over to them. If the customer is in default of acceptance, the risk passes as of the missed pickup date.

6.6 Limitation of Liability Toward Consumers. If, in connection with the pickup service or postal fulfillment, the customer suffers damage due to culpable conduct on the part of T&D Agri or an attributable person in connection with the winewallet subscription, T&D Agri’s liability in cases of slight negligence is limited to the respective insurance coverage pursuant to Section 6.1 or Section 6.4. T&D Agri shall not be liable for indirect damages, consequential damages, lost profits, or damages arising from third-party claims. The aforementioned limitation of liability does not apply to damages resulting from gross negligence or intentional conduct on the part of T&D Agri, injury to life, body, or health of persons, or claims under the Austrian Product Liability Act.

6.7 Limitation of Liability Toward Business Entities. T&D Agri’s liability toward business entities is limited to cases of willful misconduct or gross negligence. The amount of liability is limited in certain cases by insurance coverage (see Sections 6.2, 6.3, and 6.4). Liability to business entities for slight negligence, as well as for consequential damages arising from defects, pure financial losses, indirect damages, lost profits, etc., is excluded. This limitation of liability does not apply to personal injury.

6.8 No Liability for Force Majeure. T&D Agri shall not be liable for damages resulting from circumstances of force majeure, provided such circumstances are not attributable to a breach of duty. T&D Agri will promptly notify the customer of such circumstances.

6.9 No Knowledge of Wine Quality. T&D Agri has no knowledge of the actual quality of the wines and does not conduct any quality inspections or provide any quality guarantees.

6.10 Temporary Storage. Wine bottles may be temporarily stored in locations with less-than-ideal storage conditions; however, T&D Agri will ensure the best possible conditions once they have taken possession of the bottles.

6.11 No Knowledge of Storage Conditions During Transport. T&D Agri has no knowledge of the storage conditions maintained by shipping service providers or other third parties during transport until the goods are taken over.

7 Privacy Policy

7.1 The processing of personal data is carried out in compliance with applicable data protection regulations, in particular the General Data Protection Regulation (GDPR) and the Data Protection Act (DSG). Further information on the processing of personal data can be found in the privacy policy at www.wine-wallet.com/datenschutz/.

8. Jurisdiction, Governing Law, and Language

8.1 Governing Law. Austrian substantive law shall apply, excluding its conflict-of-laws provisions and the United Nations Convention on Contracts for the International Sale of Goods. For consumers whose habitual residence is outside Austria, the mandatory provisions of their home country shall continue to apply.

8.2 Jurisdiction. For disputes with business entities, the court with subject-matter jurisdiction at T&D Agri’s place of business is agreed to have exclusive jurisdiction.

8.3 Language. The language of the portal and all communications is English or German. The language of the contract is German.

9 Miscellaneous

9.1 Severability Clause. The invalidity of any individual provision shall not affect the validity of the remaining provisions. Invalid provisions shall be replaced by valid substitute provisions. This clause applies only to businesses.

9.2 Amendments. Any amendments or additions must be made in writing; the same applies to any waiver of rights. With respect to consumers, § 10(3) of the Consumer Protection Act (KSchG) remains unaffected.

9.3 Place of Performance. For business customers, the place of performance for all contractual relationships in connection with these Terms and Conditions is the registered office of T&D Agri.

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Appendix: Sample Cancellation Form

(If you wish to cancel your " winewallet" subscription, please fill out this form and return it.)

– To T&D Agri GmbH, Wiener Straße 64, 3100 St. Pölten, Email: hello@wine-wallet.com

– I/we (*) hereby cancel the contract I/we (*) entered into for the provision of the following service: winewallet subscription (Storage Package: ____________________)

– Completed on: ____________________

– Name of the consumer(s): ____________________

– Address of the consumer(s): ____________________

– Signature of the consumer(s) (only for written notifications): ____________________

– Date: ____________________

(*) Delete as appropriate.