General Terms and Conditions
GENERAL TERMS AND CONDITIONS FOR THE PURCHASE AND DELIVERY OF MAD & WINE GMBH GOODS FOR CONSUMERS IN ACCORDANCE WITH THE CONSUMER PROTECTION ACT
SCOPE OF APPLICATION
These General Terms and Conditions (“GTCs“) apply to the sale of goods by MAD & WINE GMBH, Antonigasse 1, 7063 Oggau am Neusiedler See, to consumers as defined by the Austrian Consumer Protection Act (“Customer“) via the online shop or when ordering by telephone. The Customer actively agrees to these GTCs in the course of the ordering process.
The prices are in Euro, per bottle, including all legal duties and taxes.
The prices do not include all costs incurred in the course of shipping. We will indicate all additional packaging, freight, delivery, shipping, or other costs to the customer before submitting their offer, insofar as these costs can reasonably be calculated in advance. Otherwise, we will advise the customer of the possible incurrence of such additional costs before the customer submits their offer.
The presentation of our goods in the online shop is subject to change and non-binding. For orders of vouchers please note the regulations under point 6.
CONCLUSION OF CONTRACT VIA THE ONLINE SHOP
The offer is made by the customer by sending the order for the selected goods. Registration is not mandatory for this purpose. The customer has the opportunity to check their order before submitting their offer and to correct any errors. The customer’s offer becomes binding by clicking on the button “order subject to payment”. In the course of the ordering process, the customer can choose whether the goods are to be delivered or collected from the MAD & WINE GMBH collection market (cf. point 10). Once the offer has been made, the customer can no longer change the order.
After receipt of the order by us, the customer will receive a separate, automated confirmation of receipt of their order by e-mail. Such confirmation of receipt does not constitute acceptance of the offer. Acceptance and thus the contract of sale shall only come into effect through express written acceptance by MAD & WINE GMBH (confirmation of order, also by e-mail/fax) or actual fulfilment by MAD & WINE GMBH.
Due to the limited quantities of individual vintages, a sell-out situation may occur during the ordering process. We therefore reserve the right to refuse orders without giving reasons.
Electronic and telephone conclusion of contract
The customer can also order the products displayed in our online shop by telephone on +43 2685/7207, by WhatsApp, SMS or social media platforms. We only accept such orders if payment is made by credit card.
Within the framework of the order, we draw your attention to the current General Terms and Conditions, and you agree to these by confirming the order. The contract is thus concluded verbally or in writing. Immediately after the telephone call or correspondence, you will receive your order confirmation including the accepted GTC by e-mail.
We also offer the purchase of wines in the form of subscriptions. With a subscription, the customer acquires the possibility of purchasing the wine named in the respective offer with delivery at a later date. Acceptance of the subscription offer is subject to the condition precedent of availability in the limited annual quarter. In the event of non-delivery, the customer shall be immediately refunded the deposit paid for the subscription wine. There is no entitlement to real replacement.
An order is considered accepted when the customer receives an order confirmation from MAD & WINE GMBH with a request for the down payment amount. Upon delivery of the wine, the customer will receive the final invoice. Increases in statutory taxes between the order and delivery of the goods will be subsequently invoiced with the final invoice. The down payment and the final amount shall each be settled within 14 days of receipt of the respective payment. With regard to the other payment modalities, reference is made to point 8 of these General Terms and Conditions.
The customer also has the option of ordering vouchers. Print vouchers will be sent to the customer by post to the address given, electronic vouchers to the e-mail address given.
The vouchers are valid for an unlimited period of time.
Within the period of validity, vouchers can be redeemed by entering the voucher number in the web shop or when ordering by telephone. The details for redeeming the voucher are given on the website. Cash redemption is excluded.
Vouchers are transferable. Customers are not entitled to resell vouchers commercially.
Unless otherwise agreed in individual cases, the purchase price is due upon delivery of the goods. This also applies to partial deliveries, where the purchase price is to be paid for the respective partial quantities delivered. If the purchase price is not paid in full upon delivery, the bearer or the shipping company shall be entitled to take the goods back at the buyer’s expense. If delivery with dispatch has been agreed, the dispatch and any transport insurance requested by the buyer shall be charged separately. The fee for this is due upon conclusion of the contract.
Ownership of the goods shall remain with MAD & WINE GMBH until the purchase price including ancillary charges has been paid in full.
If the buyer is in arrears with payment, MAD & WINE GMBH may postpone the fulfilment of its own obligations until the outstanding payments or other services have been affected and adhere to the contract or withdraw from the contract by granting a reasonable period of grace. If MAD & WINE GMBH chooses to withdraw from the contract, is required to make the entire or still open purchase price due immediately and to remind the buyer under threat of the loss of the deadline and setting of a grace period of at least 2 weeks.
In the event of a customer’s at fault default in payment, we shall charge the annual statutory default interest of 4%. In the event of a customer’s at fault default in payment, the customer shall also be obliged to reimburse us for the remainder and collection expenses incurred, insofar as they are necessary for appropriate legal prosecution and are in reasonable proportion to the claim pursued, whereby the purchaser shall be obliged to reimburse at most the remuneration of the collection agency engaged, which is derived from the BMWA regulation on the maximum rates for collection agencies.
RIGHT OF REVOCATION
Consumers who are covered by the Consumer Protection Act who have placed an order by means of distance selling by post, telephone, fax, e-mail or via our online shop, may cancel this contract within 14 days without stating any reasons. The period begins on the day on which the consumer or third party named by said consumer who is protected by the Consumer Protection Act, who is not the carrier, takes possession of the goods.
In order to exercise the right of withdrawal, a clear declaration of your decision to revoke this contract must be made in writing and must be sent (e.g. a letter sent by post, fax, e-mail) to the following address:
MAD & WINE GMBH
Tel. 0043 2685 7207
Fax. 0043 2685 72074
The enclosed model cancellation form can also be used for this purpose, which is, however, not legally stipulated. To meet the deadline, it is sufficient that notification of the exercise of the right of revocation be sent before the expiry of the revocation period.
A model withdrawal form :
MAD & WINE GMBH
Tel. 0043 2685 7207
Fax. 0043 2685 72074
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of consumer(s)
Signature of consumer(s) (only in case of paper communication)
(*) Delete where not applicable.
Consequences of withdrawal:
If the buyer revokes this contract, the payments made by the buyer will be repaid, including the delivery costs, with the exception of the additional costs resulting from another type of delivery chosen by the buyer other than the cheapest standard delivery offered by MAD & WINE GMBH. Payment will be made, without undue delay and at the latest within fourteen days from the day on which we received the notification of the consumer’s revocation of this contract. For this repayment, we will use the same means of payment that the buyer used for the original transaction, unless expressly agreed otherwise with the buyer. In no case will the buyer be charged for this repayment.
MAD & WINE GMBH may refuse repayment until the goods have been received by MAD & WINE GMBH or until they buyer has provided proof of the returned the goods, whichever is earlier. The buyer must return or hand over the goods to MAD & WINE GMBH Antonigasse 1, 7063 Oggau, Austria, without undue delay and in any case no later than fourteen days from the day on which MAD & WINE GMBH is notified of the cancellation of this contract. The deadline is met if the goods are sent before the expiry of the period of fourteen days. The consumer will bear the direct costs and the risk of returning the goods. Loss in value of the goods will be the customer’s responsibility if this loss in value is caused by the handling of the goods which is not necessary for checking the condition, properties and functioning of the goods.
Exceptions to the right of withdrawal:
The customer has no right of withdrawal in the cases listed in § 18 FAGG. In particular, there is no right of withdrawal for goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery. Furthermore, the consumer shall not be entitled to the right of withdrawal in the case of contracts for orders for alcoholic beverages if the price was agreed when the contract was concluded but the goods cannot be delivered earlier than 30 days after conclusion of the contract and their current value depends on fluctuations in the market over which MAD & WINE GMBH has no influence. This may apply to subscriptions.
When placing an order, the buyer must state the desired delivery date as well as an alternative date and the exact place of delivery. The customer shall be obliged to enable the ordered goods to be duly taken over at the specified place of delivery on these dates. Orders are accepted after checking the delivery possibilities.
Delivery shall be made by MAD & WINE GMBH or a commissioned shipping company at customary business times. In the event of non-acceptance of ordered goods, the buyer shall pay the additional expenses incurred as a result, such as transport costs. However, this shall not apply if the customer is not at fault and MAD & WINE GMBH does not provide its services in accordance with the contract.
If delivery or compliance with an agreed delivery period becomes impossible due to circumstances for which MAD & WINE GMBH is not responsible, the obligation to deliver on the scheduled delivery date shall expire. Circumstances for which MAD & WINE GMBH is not responsible include traffic disruptions, lockouts and strikes as well as all cases of “force majeure”. In such cases MAD & WINE GMBH will contact the buyer immediately to arrange a replacement date for the prevented delivery.
Changes or cancellations of orders by the Buyer must be made in writing (including by fax or by e-mail).
ACOLLECTION OF GOODS
If the customer selects products from the online shop or indicates in the context of his telephone order that he will collect the goods from the collection market at MAD & WINE GMBH, he will receive a collection confirmation by e-mail. The goods must then be collected within 14 days of notification so that they are ready for collection. Any longer holding period up to a maximum of 4 weeks must be agreed to separately.
If the goods are not collected within the aforementioned period of 14 days or the agreed longer holding period, MAD & WINE GMBH shall be entitled to withdraw from the contract after setting a grace period of 2 weeks and to resell the goods to another customer.
Voluntary right of withdrawal
Goods which are not desired can be returned within 3 months at the expense of the purchaser, provided they have not yet been opened.
The statutory warranty provisions apply to customers in the event of defects in the goods.
Deviations in quality, quantity, colour, size, weight, equipment or design which are customary in the trade or which are minor for technical reasons, as well as changes in taste, colour and packaging due to age shall not constitute warranty defects or non-performance of the contract.
LIMITATIONS OF LIABILITY
MAD & WINE GMBH shall only be liable for damage caused intentionally or by gross negligence. Liability for slight negligence is excluded. These limitations of liability do not apply within the scope of application of the Product Liability Act, in the case of damage resulting from injury to life, body or health of persons and the breach of essential contractual obligations.
MAD & WINE GMBH shall not be liable for conformity of taste, colour, material and sample or other conformity characteristics of reordered goods. The same shall apply to goods ordered on the basis of samples, insofar as the deviation remains within the customary commercial and technical limits.
Goods containing alcohol shall only be sold and delivered to persons over 18 years of age. Goods containing alcohol will only be handed over proof of an official photo ID. In the event of a justified refusal to hand over the goods and provided that the customer is at fault, the customer shall be obliged to compensate for any damages incurred to the failed transaction (e.g. costs of delivery). By placing the order, the customer assures that he or the recipient of the goods is over 18 years of age.
For all legal disputes, the contracting parties submit to the jurisdiction of the district court of Eisenstadt, irrespective of the amount in dispute. This does not apply to customers who have their habitual residence or registered office in Austria or who are employed in this matter.