Terms & Conditions & Cancellation Policy

As of: April 1, 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 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 may unilaterally amend 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 provided by Maniola Wines eU are non-binding; this applies in particular to the general availability, quantities available 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 applicable on the day the customer's order is received by Maniola Wines eU . Shipping costs are generally not included in the quoted prices and will be charged to the customer in accordance with the currently applicable payment and delivery terms.
  
• 2.3. Written orders from a customer received by Maniola Wines eU will be confirmed by Maniola Wines eU as follows: either by ( 1 ) written order confirmation 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 its 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 offset any 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 full payment of the delivered goods. If Maniola Wines eU asserts its retention of title, the handling and transport costs incurred in connection with the return of the goods shall be borne entirely by the customer.
  to replace.
  
• 4.2. In the event of third parties accessing the goods subject to retention of title ( e.g. judicial attachment ) , the customer must inform the third party of the existing retention of title and inform Maniola Wines eU thereof immediately.
  
• 4.3. The customer is not permitted to dispose of the delivered goods until full payment has been made; in particular, the customer may not sell, give away, or pawn them. The retention of title to the delivered goods remains unconditionally intact even if the customer resells them to a third party. The customer bears the risk of loss, damage, and deterioration for the reserved goods.
• 4.4 Payment of customs duties and taxes on exports
  When shipping goods to countries outside the European Union, the purchaser assumes 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 directly by the purchaser to the relevant authorities or service providers. It is the purchaser's responsibility to inform themselves about and comply with the applicable regulations in their country.

5. Warranty 

• 5.1. Maniola Wines eU provides no warranty for cork defects ( cork-damaged bottles ) or for variations in taste. Furthermore, the warranty is excluded once a bottle has been opened or consumed.
  
• 5.2. Defects that occur must be reported upon delivery, if possible, and 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 ) shall be borne by the customer.
  For deliveries with DPD or UPS wine service, transport insurance is available up to a maximum 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 rights of withdrawal under Sections 3 and 3a of the KSchG and under the Distance and Doorstep Selling Act ( FAGG ) : 

In the case of distance selling and contracts concluded away from business premises ( distance selling and contracts concluded away from business premises within the meaning of the FAGG ) , the customer can withdraw within 14 days without giving reasons. The withdrawal period 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 confirmation from the customer that they are aware of the loss of the right of withdrawal upon full contract fulfillment - has begun to process the order and has fully fulfilled the order before the end of the 14-day withdrawal period. If Maniola Wines eU has already partially delivered before the declaration of withdrawal, the obligation to pay the pro rata purchase price remains. Furthermore, the right of withdrawal 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 requirements. 

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 conclusion and its pre- and post-contractual 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 competent court in the jurisdiction in which the customer has its registered office, permanent residence or assets.
  

Maniola Wines eU

FN 497219f 

office@maniola-wines.com 

CANCELLATION POLICY

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 shipment or the last item.

To exercise your right of withdrawal, you must inform us ( Maniola Wines eU , Brunnerfeldstrasse 71, 2380 Perchtoldsdorf, 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 email). You may use the attached model withdrawal form for this purpose, but this is not mandatory.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

Consequences of revocation

If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other 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 wish to cancel the contract, please fill out this form and send it back.) – To Maniola Wines eU, Brunnerfeldstrasse 71, 2380 Perchtoldsdorf Austria, office@maniola-wines.com, Phone: +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.