I. Legal bases/general
The business basis is applicable Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). These general terms and conditions (GTC) apply to contracts on www.madlsekt.at/shop between the Sektkellerei Christian Madl, Ing.Christian Madl, Hauptstraße 49, A‑2172 Schrattenberg and the customer in the version valid at the time the respective contract was concluded. Different terms and conditions are not valid unless the Sektkellerei Christian Madl has agreed to them in writing before accepting the order. By placing an order, the customer agrees to these general terms and conditions.
II. Offers and conclusion of contract
The contract and business language is German. All offers of the Sektkellerei Christian Madl are, with respect to availability, nonbinding and without any obligation. A thereof resulting delivery delay is possible. Images in the online shop only represent symbolic photos or labels. Currently available vintages may differ. The products in the online shop do not yet constitute an offer. A purchase contract is concluded by the buyer’s online order (specifically by: clicking on “Buy now”) and our order confirmation, which we send in a regular way by email. By placing the order, the customer assures that he or the recipient of the goods is older than 18 years!
III. Place of fulfillment, transfer of risk and place of jurisdiction
The place of fulfillment for all services from the transactions between the contracting parties is the place of business of the Sektkellerei Christian Madl, Hauptstraße 49, A‑2172 Schrattenberg, even if the goods are transferred to another location as agreed. If the goods are picked up personally or delivered by the Sektkellerei Christian Madl, the risk is transferred to the customer through that personal delivery. In the case of an external delivery, the risk is transferred to the customer when the goods of Sektkellerei Christian Madl are handed over to the transporter or parcel service. The delivery is covered by a transport insurance at DPD. The competent district court in Mistelbach is agreed as the exclusive place of jurisdiction.
IV. Price, due date
All prices are listed in EURO and include the applicable sales tax of the Republic of Austria. The currently valid sparkling wine tax is included in the sales price. The prices include glass, packaging and packaging compliance fees (ARA). Gift boxes and customized labels are expressly excluded. The prices on the day of the order apply. The invoice amount is due 10 days after the invoice date without any deduction. Payment is only deemed to have been made when the Sektkellerei Christian Madl can dispose of the amount. We allow ourselves to charge reminder fees of 3% of the gross price from the due date.
V. Order quantity, type of delivery and costs
When ordering in the online shop, a minimum quantity of 6 bottles each 0.75 liter of sparkling wine or wine is required. The total order quantity should be divisible by 6. Delivery is usually carried out by the parcel service DPD. Upon written customer request, delivery can also be made via Österreichische Post AG. For deliveries within Austria, the delivery costs are included in the price of the goods. This does not apply to the delivery of magnum bottles. Gross delivery costs of EUR 7.50 are charged per magnum bottle. Further delivery conditions can be found in our ordering policy.
VI. Deliveries abroad
Deliveries abroad are possible through the Weinmarkt Poysdorf online shop: Onlineshop Weinmarkt Poysdorf.
Deliveries to the Czech Republic are carried out by our retailer Tomáš Režňák.
Tomáš Režňák, K Lesíku 815; Valtice 69142, phone +420 777 808 790, email: firstname.lastname@example.org.
Payment of the goods and any shipping costs is made by bank transfer to our account: IBAN: AT72 3222 7001 0110 6475 , BIC RLNWATWWBGA Raiffeisenbank Bernhardsthal.
The goods remain the property of the Sektkellerei Christian Madl pending payment in full.
VIII. Right of Withdrawal
You have the right to cancel this contract without giving any reason within fourteen calendar days. The cancellation period is fourteen calendar days from the day on which you or a third party named by you, who is not the forwarder, took possession of the goods. To exercise your right of withdrawal, you must inform us: Sektkellerei Christian Madl, Hauptstraße 49, A‑2172 Schrattenberg, fax: +43 (0) 2555 24168, email: email@example.com about your decision to cancel this contract by means of a clear statement (e.g. a letter sent by mail, a fax or an email). You can use the attached copy of a withdrawal form, but this is not mandatory. To safeguard the right of withdrawal, it is sufficient for you to send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.
CONSEQUENCES OF THE WITHDRAWAL
If you cancel this contract, we have to pay back all payments we have received from you, including any delivery costs, immediately and at the latest within fourteen days from the date on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever comes first. You must return or hand over the goods to us at Sektkellerei Christian Madl, Hauptstraße 57, A‑2172 Schrattenberg, at the latest within fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of fourteen days has expired.
IX. Cork Taste
The Sektkellerei Christian Madl is not responsible for any taste impairments caused by cork taste. Such bottles are exchanged under the following conditions: The bottle is closed again with the bad cork and returned to the Sektkellerei Christian Madl. Delivery costs have to be paid by the customer.
X. Retention of Title
The delivered goods remain the property of the Sektkellerei Christian Madl until full payment of the purchase price, including the costs to be borne by the customer.
XI. Protection of Minors
The sale and delivery of wine and spirits can only be made to people older than 18 years. In order to comply with the legal regulations, Sektkellerei Christian Madl is entitled to deliver goods only after legitimation by means of an official photo ID. In the case of a justified delivery refusal, the customer is obliged to compensate for the damage actually incurred (e.g. costs of delivery). By placing the order, the customer assures that he or the recipient of the goods is older than 18 years.
XII. Data Privacy
Information on data privacy can be found here
XIII: Electronic Communication
You agree that the contract-related communication can take place in an electronic way.
XIV. Commercial Use of Photos
The content and photos available under Downloads are commercially usable. The photo credits are to be cited in each case.
XV. Disclaimer of liability
Although the pages were created with the greatest care, no guarantee can be given for the correctness, completeness and up-to-datedness of the information provided. The operator of the website endeavors to correct errors or mistakes as soon as he becomes aware of them — thank you for any relevant information. There is also no guarantee for the availability or operation of this website and its content. Any liability for direct, indirect or other damages, regardless of their causes, arising from the use or unavailability of the website and the information provided on this website, is excluded — insofar as this is legally permissible.
XVI. Final provisions
Changes and additions to this contract must be made in writing in order to be valid; this also applies to the waiver of the written form. Oral side agreements are invalid and the contracting parties state that no oral side agreements have been made. Should one or more provisions of this contract be ineffective, the validity of the remaining provisions remains unaffected. The contracting parties will replace the ineffective provision with an effective one that comes as close as possible to the intention of the ineffective provision.