Terms and Conditions

Status: 01.04.2023

1. General / Applicability 

• 1.1. General Terms and Conditions (hereinafter "GTC") of Maniola Wines e.U. with its registered office in Vienna and business address Maniola Wines e.U.
  Brunnerfeldstrasse 71, 2380 Perchtoldsdorf, Austria (FN 598530 t), ATU 79105068.
  These GTC therefore apply to all offers, sales and deliveries of goods (wines) by Maniola Wines e.U.. The following General Terms and Conditions, in their version valid at the time of the order, apply exclusively to the business relationship between Maniola Wines e.U. and the customer.
• 1.2. Maniola Wines e.U. may unilaterally amend these GTC at any time. The current version of these GTC can be accessed at any time from the imprint on the Maniola Wines e.U. website (www.maniola-wines.com).

2. Offers, Prices & Conclusion of Contract 

• 2.1. All offers and information from Maniola Wines e.U. are non-binding; this applies in particular to general availability, existing quantities, and the prices of wines listed.
  
• 2.2. The prices stated by Maniola Wines e.U. are in Euro and are, unless otherwise stated, inclusive of statutory value-added tax (VAT). The prices on the day the customer's order is received by Maniola Wines e.U. are decisive for a customer's order. Shipping costs are generally not included in the stated prices and will be charged to the customer according to the currently valid payment and delivery conditions.
  
• 2.3. Written orders from a customer received by Maniola Wines e.U. will be confirmed by Maniola Wines e.U. as follows: either by (1) written order confirmations to the customer, (2) sending an invoice for the ordered goods from Maniola Wines e.U. to the customer, or by (3) dispatching the ordered goods to the customer. The customer is bound by their order for a period of 14 days from its receipt by Maniola Wines e.U.. The contract between the customer and Maniola Wines e.U. becomes legally effective with the confirmation of the order. Should there be discrepancies in the order (e.g., regarding availability, quantity, prices, etc.), Maniola Wines e.U. will inform the customer accordingly.
  

3. Payments & Payment Terms 

• 3.1. The purchase price is due for payment immediately upon receipt of the invoice, regardless of whether the customer has already received the ordered goods (partially or entirely).
  
• 3.2. Incoming payments from a customer will be credited against the oldest outstanding invoice amount.
  
• 3.3. In case of payment default, statutory default interest will be charged.
  
• 3.4. The customer has no right to offset counterclaims against Maniola Wines e.U..
  

4. Retention of Title 

• 4.1. Maniola Wines e.U. delivers its goods under retention of title, which remains in effect until full payment of the delivered goods. If Maniola Wines e.U. asserts the retention of title, the customer must fully compensate for the handling and transport costs incurred in connection with the return of the goods.
  
• 4.2. In the event of third-party access to the goods subject to retention of title (e.g., judicial seizure), the customer must inform the third party of the existing retention of title and immediately notify Maniola Wines e.U. thereof.
  
• 4.3. Before full payment of the delivered goods, the customer is not permitted to dispose of them; in particular, they may not sell, give away, or pledge them. The retention of title for the delivered goods remains fully valid even in the event of resale by the customer to a third party. The customer bears the risk of loss, damage, and deterioration for the goods subject to retention of title.
• 4.4. Payment of duties and taxes on exports
  When shipping goods to countries outside the European Union, the customer bears all applicable customs duties, import taxes, fees, and other charges. These are not included in the purchase price or shipping costs and must be paid by the customer directly to the responsible authorities or service providers. It is the customer's responsibility to inform themselves about the applicable regulations of their country and to comply with them.

5. Warranty 

• 5.1. Maniola Wines e.U. provides no warranty for cork faults (corked bottles) or taste deviations. The warranty is further excluded once a bottle has been opened or consumed.
  
• 5.2. Any defects must be reported as soon as possible upon delivery, and in any case immediately after taking possession of the ordered goods. Deviations in bottle size or color, differing fill levels, or any damage to the label or capsule do not constitute defects, especially if these were noted in the current price list.
  
• 5.3. Unless otherwise agreed, the customer bears the risk of transport (including glass breakage).
  For deliveries with DPD or UPS Wine Service, transport insurance is provided up to a maximum of 500.00 Euro per shipping carton. Any additional insurance must be explicitly requested by the customer.
  

6. Right of Withdrawal for Consumers 

6.1. If a customer is a consumer within the meaning of the Consumer Protection Act (KSchG), they are entitled to the rights of withdrawal under §§ 3 and 3a KSchG as well as under the Distance and Off-Premises Contracts Act (FAGG): 

For distance and off-premises contracts (distance sales and contracts concluded outside business premises within the meaning of the FAGG), the customer may withdraw within 14 days without giving reasons. The withdrawal period begins on the day of the conclusion of the contract. The right of withdrawal does not exist if Maniola Wines e.U. – based on an express request from the customer and the customer's confirmation of their awareness of the loss of the right of withdrawal upon full performance of the contract – has begun with the execution of the order before the expiry of the 14-day withdrawal period and has fully fulfilled the order. If Maniola Wines e.U. has already partially delivered before the declaration of withdrawal, the obligation to pay the proportionate purchase price remains. The right of withdrawal further does not exist if the customer placed the order on the premises of Maniola Wines e.U. or if the business relationship with Maniola Wines e.U. was initiated by the customer themself. The declaration of withdrawal can generally be made without any particular form.

7. Final Provisions 

• 7.1. The place of performance is the registered office of Maniola Wines e.U.: 1120 Vienna, Tivoligasse 70/9
  
• 7.2. Written form: amendments and additions to these GTC agreed between Maniola Wines e.U. and the customer require written form and signature by the contracting parties to be legally effective.
  
• 7.3. Applicable Law: Austrian law applies. The application of the UN Convention on Contracts for the International Sale of Goods is mutually excluded.
  
• 7.4. Place of Jurisdiction: All disputes arising from a contractual relationship between Maniola Wines e.U. and a customer, including the question of its valid formation and its preliminary and subsequent effects, shall be decided exclusively by the court competent for commercial matters at the District Court Innere-Stadt Vienna, or, at the choice of Maniola Wines e.U., by the materially competent court in whose district the customer has their registered office, ordinary residence, or assets.
  

Maniola Wines e.U.

FN 497219f 

office@maniola-wines.com 

RIGHT OF WITHDRAWAL INSTRUCTION

Right of Withdrawal
You have the right to withdraw from this contract within thirty days without giving any reason. The withdrawal period is thirty days from the day on which you or a third party named by you, who is not the carrier, took possession of the last partial shipment or the last item.

To exercise your right of withdrawal, you must inform us (Maniola Wines e.U., Brunnerfeldstrasse 71, 2380 Perchtoldsdorf, Austria, office@maniola-wines.com, Phone: +43 650 6161190) by means of a clear declaration (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.