Terms & Conditions & Cancellation Policy

Status: 01.04.2023

1. General / Validity 

• 1.1. General Terms and Conditions (hereinafter referred to as "GTC") of Maniola Wines eU with registered office in Vienna and business address Tivoligasse 70/9, 1120 Vienna, Austria ( FN 598530 t), ATU 79105068.
  These General Terms and Conditions therefore apply to all offers, sales and deliveries of goods ( wines ) by Maniola Wines eU. The following General Terms and Conditions in the version valid at the time of the order apply exclusively to the business relationship between Maniola Wines eU and the customer.
• 1.2. Maniola Wines eU can unilaterally change these Terms and Conditions at any time. The current version of these Terms and Conditions can be accessed at any time from the imprint on the Maniola Wines eU website ( www.maniola-wines.com ) .

2. Offers, prices & conclusion of contract 

• 2.1. All offers and information from Maniola Wines eU are non-binding, this particularly applies to the general availability, existing quantities and the prices of the wines stated in lists.
  
• 2.2. The prices quoted by Maniola Wines eU are in euros and – unless otherwise stated – include statutory value added tax ( VAT ) . The prices applicable to a customer’s order are those on the day on which the customer’s order is received by Maniola Wines eU . The costs of shipping are generally not included in the prices quoted and are charged to the customer in accordance with the currently valid payment and delivery conditions.
  
• 2.3. Written orders from a customer that are received by Maniola Wines eU are confirmed by Maniola Wines eU as follows: either by ( 1 ) written order confirmations to the customer, ( 2 ) sending an invoice for the ordered goods from Maniola Wines eU to the customer, or by ( 3 ) sending the ordered goods to the customer. The customer is bound to his order for a period of 14 days from the date of receipt by Maniola Wines eU . With the confirmation of the order, the contract between the customer and Maniola Wines eU is legally concluded. Should there be any deviations from the order ( e.g. with regard to availability, quantity, prices, etc. ) , Maniola Wines eU 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 ( in part or in full ) .
  
• 3.2. Incoming payments from a customer will be credited to the oldest outstanding invoice amount
  
• 3.3. In case of late payment, statutory default interest will be charged
  
• 3.4. The customer has no right to set off counterclaims against Maniola Wines eU .
  

4. Payments & payment terms 

• 4.1. Maniola Wines eU delivers its goods subject to retention of title, which remains in effect until the goods delivered have been paid for in full. If Maniola Wines eU asserts its retention of title, the handling and transport costs incurred in connection with the return of the goods must be borne in full by the customer.
  to replace.
  
• 4.2. If third parties access 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 inform Maniola Wines eU of this immediately.
  
• 4.3. The customer is not permitted to dispose of the goods delivered until full payment has been made, in particular he may not sell, give away or pawn them. The retention of title of the goods delivered remains unconditionally valid even if the customer resells them to a third party. The customer bears the risk of loss, damage and deterioration of the goods subject to retention of title.
  

5. Warranty 

• 5.1. Maniola Wines eU does not provide a guarantee for cork defects ( cork-stricken bottles ) or for taste deviations. The guarantee is also excluded as soon as a bottle has been opened or consumed.
  
• 5.2. Any defects that occur must be reported upon delivery if possible, but in any case immediately after receipt of the ordered goods. Deviations in the size or color of the bottle, different fill levels or any damage to the label or capsule do not constitute defects, especially if this was indicated in the current price list.
  
• 5.3 Unless otherwise agreed, the risk of transport ( including glass breakage ) is borne by the customer.
  For deliveries with DPD wine service, transport insurance is available for a maximum amount of 500.00 euros
  per shipping carton. Any additional insurance must be expressly 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 ) , he or she is entitled to the withdrawal rights under Sections 3 and 3a of the KSchG and the Distance Selling Act ( FAGG ) : 

In the case of long-distance and off-premises transactions ( distance selling and contracts concluded outside of business premises within the meaning of the FAGG ), the customer can withdraw within 14 days without giving reasons. The period for withdrawal begins on the day the contract is concluded. The right of withdrawal does not exist if Maniola Wines eU - based on an express request from the customer and a confirmation from the customer that they are aware of the loss of the right of withdrawal upon full contract fulfillment - has started to execute the order before the expiry of the 14-day withdrawal period and has fully fulfilled the order. If Maniola Wines eU has already partially delivered the goods before declaring withdrawal, the obligation to pay the pro rata purchase price exists. The right of withdrawal also does not exist if the customer placed the order on the premises of Maniola Wines eU or if the business relationship with Maniola Wines eU was initiated by the customer themselves. The declaration of withdrawal can generally be made without any form. 

7. Final provisions 

• 7.1. Place of performance is the registered office of Maniola Wines eU : 1120 Vienna, Tivoligasse 70/9
  
• 7.2. Written form: Any changes and additions to these General Terms and Conditions agreed between Maniola Wines eU and the customer must be in writing and signed by the contracting parties in order 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 eU and a customer, including the question of its valid formation and its preliminary and subsequent effects, shall be decided exclusively by the court responsible for commercial matters at the District Court of Innere-Stadt Vienna, or, at the discretion of Maniola Wines eU , by the court with substantive jurisdiction in whose district the customer has his registered office, regular residence or assets.
  

Maniola Wines eU

FN 497219f 

office@maniola-wines.com 

RIGHT OF WITHDRAWAL

Right of withdrawal
You have the right to withdraw from this contract within thirty days without giving any reason. The withdrawal period shall be thirty days from the day on which you or a third party other than the carrier designated by you takes possession of the last partial delivery or the last item.

To exercise your right of withdrawal, you must inform us ( Maniola Wines eU , Tivoligasse 70/9, 1120 Vienna, Austria, office@maniola-wines.com, telephone: +43 650 6161190) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form for this purpose, but this is not mandatory.

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

Consequences of revocation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

Sample cancellation form (If you want to cancel the contract, please fill out this form and send it back.) – To Maniola Wines eU, Tivoligasse 70 /9, 1120 Vienna, Austria, office@maniola-wines.com, Telephone: +43 650 6161190) – I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following Goods (*)/provision of the following service (*) – Ordered on (*)/received on (*) – Name of the consumer(s) – Address of the consumer(s) – Signature of the consumer(s) (only if notification is on paper) – Date (*) Delete as appropriate.