GTC

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.

Con­tact details

Tomáš Režňák, K Lesíku 815; Valtice 69142, phone +420 777 808 790, email: info@huranakolo.cz.

VII. Pay­ment

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: office@madlsekt.at 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.