General Terms and Conditions (AGB) of Kura Ferments FlexCo, trading as Kura Wien
Kura Ferments FlexCo, Kumpfgasse 7, 1010 Vienna, Austria · E-Mail: [email protected]
As of: 23 September 2026
1.1. These General Terms and Conditions ("Terms") apply to all contracts for goods, deliveries and services between Kura Ferments FlexCo ("Kura Wien", "we" or "the provider") and its customers, where their application has been agreed. They apply in particular to orders placed through our webshop at kura.wien, as well as to orders and contracts concluded by email, telephone, in person, or on the basis of an offer or order confirmation.
1.2. These Terms apply both to consumers within the meaning of §1 of the Austrian Consumer Protection Act (KSchG) ("consumers") and to businesses within the meaning of §1 of the Austrian Commercial Code (UGB) ("businesses"). Provisions expressly intended only for consumers or only for businesses apply exclusively to the relevant group.
1.3. Deviating terms proposed by the customer apply only if we have expressly agreed to them.
1.4. The version of these Terms in force at the time the contract is concluded governs.
1.5. The contract language is German.
2.1. The presentation of products and events on our website or in other materials generally does not, by itself, constitute a binding offer to conclude a contract, unless expressly stated otherwise.
2.2. Orders may be placed in particular through the webshop, by email, by telephone, in person, or on the basis of an individual offer.
2.3. When ordering through the webshop, the customer submits a binding offer to conclude a contract by clicking the button labelled "order with obligation to pay" or an equivalent wording.
2.4. The automatic confirmation that a webshop order has been received does not yet constitute acceptance of the offer.
2.5. The contract is concluded through our order confirmation, through dispatch or handover of the ordered goods, or through some other express acceptance of the order.
2.6. For tastings, masterclasses and other events, the contract is concluded upon our booking confirmation.
2.7. Individual agreements, offers and order confirmations take precedence over these Terms to the extent they contain deviating provisions.
3.1. For consumers, stated prices are in euros and include statutory VAT, unless expressly stated otherwise.
3.2. For businesses, stated prices are, unless expressly stated otherwise, in euros plus statutory VAT.
3.3. Shipping, packaging and other incidental costs are, where they apply, shown separately or agreed separately.
3.4. The payment terms and deadlines stated in the relevant offer, order confirmation, webshop or invoice apply. If no specific payment deadline has been agreed, the invoice amount is due upon receipt of the invoice.
3.5. For webshop orders, the payment methods shown during checkout are available. These may include credit card, Apple Pay and advance payment.
3.6. In the event of late payment, the statutory default interest applies. For business transactions, the statutory commercial-law default interest and the statutory provisions on recovering collection costs apply.
4.1. Place of delivery, shipping method, delivery time and shipping costs are governed by the relevant agreement, offer, order confirmation or the details shown in the webshop.
4.2. For consumer orders placed through the webshop, the available delivery options and shipping costs are shown before the order is completed.
4.3. Unless another delivery period has been agreed or stated for a consumer transaction, delivery takes place no later than 30 days after conclusion of the contract.
4.4. Stated delivery dates and periods for businesses are, unless expressly agreed as binding, non-binding estimates.
4.5. Events outside our reasonable control that temporarily make delivery impossible or significantly delay it may extend the delivery time accordingly. We inform the customer of significant delays as soon as we become aware of them.
4.6. By prior arrangement, orders can be collected at our brewery at Barmherzigengasse 10, 1030 Vienna. Collection is possible only by appointment.
5.1. Delivered goods remain our property until full payment of all claims arising from the relevant contractual relationship.
5.2. For businesses, the retention of title extends until full payment of all due claims arising from the ongoing business relationship.
6.1. Alcoholic beverages are sold and handed over only to persons who have reached the minimum age required under the applicable statutory provisions on the protection of minors.
6.2. By ordering alcoholic beverages, the customer confirms having reached the legally required minimum age.
6.3. Kura Wien is entitled to request suitable proof of age when an order is placed, collected or delivered, or to have an age check carried out by the shipping provider.
6.4. If the required minimum age cannot be proven, handover of alcoholic beverages may be refused.
6.5. For deliveries outside Austria, the protection-of-minors provisions applicable at the place of delivery must be observed.
The statutory warranty provisions apply to consumers, in particular the mandatory provisions of the Austrian Consumer Guarantee Act (VGG), to the extent it applies.
For businesses, the statutory warranty provisions of the Austrian Civil Code (ABGB) and Commercial Code (UGB) apply, unless otherwise agreed in the individual contract. Businesses must inspect the goods after delivery in accordance with §377 UGB and notify us of any recognisable defects within a reasonable period. Hidden defects must be notified within a reasonable period after their discovery.
7.3. For questions, complaints or warranty matters, the customer may contact [email protected].
7.4. Where a consumer transaction requires the return of defective goods and this is reasonable for the consumer, we bear the costs and risk of the return to the extent required by law.
7.5. Consumers are asked, where possible, to report shipments visibly damaged in transit directly to the delivery service and to inform us of this. Failure to make such a report has no effect on statutory warranty rights.
8.1. Kura Wien is liable under statutory provisions for damage caused intentionally or through gross negligence.
8.2. Liability for personal injury remains unlimited.
8.3. Towards consumers, liability for damage caused by slight negligence is excluded to the extent permitted by law. This does not apply to breaches of material contractual obligations or where mandatory statutory provisions state otherwise.
8.4. Towards businesses, liability for damage caused by slight negligence is excluded to the extent permitted by law.
9.1. Kura Wien offers tastings, masterclasses and other events, which can be booked in particular through the webshop, by email, or directly with Kura Wien.
9.2. Price, date, venue, included services and any participant limits are set out in the relevant event description or individual agreement.
9.3. A booking becomes binding once confirmed by Kura Wien.
9.4. For events at which alcoholic beverages are tasted or served, the applicable protection-of-minors provisions apply. Kura Wien is entitled to request proof of age.
9.5. Cancellation by the customer. A booking can be cancelled free of charge up to 24 hours before the event begins. Payments already made are then refunded in full. For later cancellations or no-shows, there is no entitlement to a refund, unless mandatory statutory provisions state otherwise.
9.6. Cancellation by Kura Wien. If Kura Wien must cancel an event, payments already made are refunded in full. Alternatively, a replacement date may be offered. The customer is not obliged to accept this replacement date.
9.7. We reserve the right to change the announced programme, individual sakes tasted, or presenters, provided this does not materially change the overall character and essential content of the event.
The provisions of this section apply exclusively to consumers, where a statutory right of withdrawal exists.
Consumers have the right to withdraw from distance contracts within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day on which the consumer, or a third party named by the consumer who is not the carrier, took possession of the goods.
For an order of several goods delivered separately, the period begins on the day the consumer, or a third party named by the consumer, took possession of the last item of goods.
To exercise the right of withdrawal, the consumer must inform us —
Kura Ferments FlexCo, Kumpfgasse 7, 1010 Vienna, Austria, E-Mail: [email protected] —
by means of a clear statement of the decision to withdraw from the contract. The model withdrawal form below may be used for this, though its use is not required.
The right of withdrawal can also be exercised using the online function provided for this purpose at kura.wien/widerruf.
If this function is used, the consumer receives, without delay, on a durable medium (in particular by email), an acknowledgement of receipt of the withdrawal notice, including its content and the date and time of receipt.
To meet the withdrawal deadline, it is sufficient for the withdrawal notice to be sent before the withdrawal period expires.
For contracts relating to services connected with leisure activities, where a specific date or period is provided for performance of the contract, no statutory right of withdrawal exists, to the extent the statutory requirements for this exception are met.
The voluntary cancellation right under point 9.5 remains unaffected by this.
The provisions of this section apply exclusively to consumers.
11.1. If the consumer effectively withdraws from the contract, we will refund all payments received from the consumer, including the cost of the cheapest standard delivery we offer, without delay and no later than fourteen days from the day on which the withdrawal notice reaches us.
11.2. For this refund, we generally use the same means of payment used in the original transaction, unless expressly agreed otherwise. No fees are charged for the refund.
11.3. We may withhold the refund until we have received the goods back, or until the consumer has provided proof of having sent the goods back, whichever is earlier.
11.4. The consumer must send back or hand over the goods without delay, and in any event no later than fourteen days from the day on which they informed us of the withdrawal, to:
Kura Ferments FlexCo, Kumpfgasse 7, 1010 Vienna, Austria
11.5. The deadline is met if the goods are sent before the fourteen-day period expires.
11.6. The consumer bears the direct cost of returning the goods.
11.7. The consumer is liable for any diminished value of the goods only if this is due to handling that was not necessary for checking the nature, characteristics and functioning of the goods.
12.1. The right of withdrawal does not exist, or may lapse, in the cases provided by law, in particular for goods made to the customer's specifications or clearly personalised.
12.2. Further statutory exceptions apply only to the extent their respective statutory requirements are actually met.
13.1. The provisions on the statutory right of withdrawal under points 10 to 12 do not apply to businesses.
13.2. Businesses may only set off counterclaims against Kura Wien's claims where those counterclaims have been finally and bindingly established by a court, expressly acknowledged by us, or are legally connected to Kura Wien's claim.
13.3. For businesses, to the extent legally permissible, the court with subject-matter jurisdiction for the registered seat of Kura Ferments FlexCo is agreed as the place of jurisdiction.
14.1. Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
14.2. For consumers, this choice of law applies only to the extent it does not deprive the consumer of the protection of mandatory provisions of the law of the state in which the consumer has their habitual residence.
15.1. Individual agreements between Kura Wien and the customer take precedence over these Terms.
15.2. Should individual provisions of these Terms be or become invalid or unenforceable, the remaining provisions remain unaffected. The invalid or unenforceable provision is replaced by the applicable statutory provisions.
If you wish to withdraw from the contract, you may complete this form and send it to us.
To: Kura Ferments FlexCo, Kumpfgasse 7, 1010 Vienna, Austria, E-Mail: [email protected]
I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the purchase of the following goods (*) / the provision of the following service (*):
Ordered on (*) / received on (*):
Name of consumer(s):
Address of consumer(s):
Date:
Signature of consumer(s) (only if this form is notified on paper):
(*) Delete as appropriate.
This English text is provided for convenience. The German original governs; see the note above.