Terms and Conditions

1. Scope

1.1. The following General Terms and Conditions, in the version valid at the time of the order, apply exclusively to the business relationship between Weingut Mantlerhof GmbH & Co KG (the “Seller”) and the customer (the “Customer”).

1.2. You can reach us for questions, returns and complaints on working days from 8:00 to 18:00 at +43 (0)2735 8248 and at weingut@mantlerhof.com.

1.3. A consumer within the meaning of these terms is any natural person who concludes the transaction for purposes other than the operation of their business (§ 1(1)(2) KSchG). An entrepreneur is a person for whom the transaction forms part of the operation of their business.

1.4. Deviating terms of the Customer are not accepted unless the Seller expressly agrees to their validity.

2. Offers and service descriptions

2.1. The presentation of products in the online shop does not constitute a legally binding offer but an invitation to place an order. Service descriptions in catalogues and on the Seller’s websites do not have the character of an assurance or guarantee.

2.2. All offers are valid “while stocks last”, unless otherwise stated for the products. Errors are otherwise reserved.

3. Ordering process and conclusion of contract

3.1. The Customer may select products from the Seller’s range without obligation and collect them in a shopping cart.

3.2. The Customer may then proceed to complete the order from within the cart using the “Proceed to checkout” button. The order is completed on a secure page provided by the shop and payment service provider.

3.3. By clicking the button labelled “order with obligation to pay”, the Customer submits a binding offer to purchase the goods in the cart. Immediately before submitting the order, the essential order details are displayed; the Customer can review and change their entries at any time. Mandatory information is marked with an asterisk (*) (§ 8 FAGG, §§ 9–11 ECG).

3.4. The Seller then sends the Customer an acknowledgement of receipt by email, listing the order again and which the Customer can print (order confirmation). This automatic acknowledgement merely documents receipt of the order and does not yet constitute acceptance of the offer. The purchase contract is concluded only when the Seller dispatches or hands over the ordered product within two weeks, or confirms dispatch within two weeks by a separate email, an express order confirmation or the transmission of the invoice.

4. Prices and shipping costs

4.1. All prices stated on the Seller’s website are gross prices and include the applicable statutory VAT (price labelling pursuant to the Price Labelling Act – PrAG).

4.2. In addition to the stated prices, the Seller charges shipping costs for delivery. The amount depends on the delivery country and the size of the order. The shipping costs applicable to your order are itemised during the ordering process before you place a binding order; no order can be completed without this information being shown. We are also happy to quote shipping costs in advance on request.

5. Delivery, availability of goods

5.1. If no units of the selected product are available at the time of the order, the Seller informs the Customer accordingly. If the product is permanently unavailable, the Seller refrains from a declaration of acceptance; in this case no contract is concluded.

5.2. If the ordered product is only temporarily unavailable, the Seller likewise informs the Customer without undue delay. In the event of a delivery delay of more than two weeks, the Customer is entitled to withdraw from the contract; the Seller is likewise entitled to withdraw in this case. The Seller will promptly refund any payments already made. Where payment in advance has been agreed, delivery takes place after receipt of the invoice amount.

6. Payment terms

6.1. The Customer may choose from the available payment methods during and before completion of the ordering process.

6.2. Where payment by invoice is possible, payment is due within 30 days of receipt of the goods and the invoice. For all other payment methods, payment is due in advance without deduction.

6.3. Where third-party providers (e.g. PayPal) are commissioned to process payment, their general terms and conditions additionally apply.

6.4. If the Customer is in default of payment, the Seller is entitled to charge statutory default interest: 4% p.a. towards consumers (§ 1000 ABGB) and, in business transactions between entrepreneurs, pursuant to § 456 UGB.

6.5. The assertion of further damages caused by default remains unaffected.

6.6. The Customer is entitled to set-off insofar as their counterclaims have been legally established, are recognised by the Seller, or are legally connected to the main claim. The consumer’s rights of set-off and retention under § 6(1)(8) KSchG remain unaffected.

7. Retention of title

The delivered goods remain the property of the Seller until full payment has been made.

8. Warranty and guarantee

8.1. The statutory warranty provisions apply. Towards consumers, the Consumer Warranty Act (VGG) and the Consumer Protection Act (KSchG) additionally apply; the warranty period for movable goods is two years.

8.2. A guarantee going beyond this exists only if it has been expressly given by the Seller or manufacturer for the relevant goods (§ 9b KSchG).

9. Liability

9.1. The following exclusions and limitations of liability apply to any liability of the Seller for damages, without prejudice to the other statutory conditions for claims.

9.2. The Seller is liable without limitation where the cause of damage is based on intent or gross negligence.

9.3. In the event of a slightly negligent breach of essential contractual obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Customer regularly relies, the Seller’s liability is limited in amount to the foreseeable damage typical of the contract. The Seller is not liable towards entrepreneurs for the slightly negligent breach of other obligations.

9.4. The above limitations of liability do not apply in the event of injury to life, body or health, where a guarantee has been assumed, or in the event of fraudulently concealed defects. Liability under the Product Liability Act (PHG) remains unaffected. Mandatory consumer-protection provisions remain unaffected in any case.

9.5. Insofar as the Seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

10. Right of withdrawal (for consumers)

– Start of the withdrawal instruction –

Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, take possession of the goods. In the case of several goods from a single order delivered separately, the period runs from receipt of the last item.

To exercise your right of withdrawal, you must inform us (Weingut Mantlerhof GmbH & Co KG, Hauptstraße 50, 3494 Gedersdorf, weingut@mantlerhof.com, +43 (0)2735 8248) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the model withdrawal form below, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send your notification of the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of withdrawal: If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (with the exception of the additional costs arising from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive notification of your withdrawal. We will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement.

We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without undue delay and in any case no later than fourteen days from the day on which you notify us of the withdrawal. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct cost of returning the goods.

You only have to pay for any diminished value of the goods if this loss of value is due to handling of the goods that is not necessary to check their nature, characteristics and functioning.

– End of the withdrawal instruction –

Model withdrawal form

(If you wish to withdraw from the contract, please complete this form and return it.)

To: Weingut Mantlerhof GmbH & Co KG, Hauptstraße 50, 3494 Gedersdorf, weingut@mantlerhof.com

I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*): __________

Ordered on (*) / received on (*): __________

Name of consumer(s): __________

Address of consumer(s): __________

Date / signature (only if notified on paper): __________

(*) Delete as appropriate.

11. Exclusion or early expiry of the right of withdrawal

Pursuant to § 18 FAGG, the right of withdrawal does not exist, among other things, for contracts for goods made to the Customer’s specifications or clearly tailored to personal needs, for goods that can deteriorate quickly or whose expiry date would be exceeded quickly, and for sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

For unopened wine in customary packaging, the right of withdrawal exists in accordance with sections 10 and 12 of these terms.

12. Returns

12.1. Customers are asked to announce a return to the Seller in advance to enable the products to be assigned as quickly as possible.

12.2. Customers are asked to return the goods as a franked parcel and to keep the proof of postage.

12.3. Customers are asked to avoid damage or soiling of the goods and, where possible, to return the goods in the original packaging with all accessories. If the original packaging is no longer available, other suitable packaging should be used to ensure adequate protection against transport damage.

12.4. The arrangements set out in this section (point 12) are merely recommendations and are not a precondition for the effective exercise of the right of withdrawal pursuant to point 10 of these terms.

13. Storage of the contract text

13.1. The Seller stores the contract text of the order. These terms are available online at any time. The Customer can print the contract text before submitting the order by using the print function of their browser in the last step of the order.

13.2. The Seller also sends the Customer an order confirmation with all order data to the email address provided. The Customer also receives these terms on a durable medium with their order.

14. Data protection

14.1. The Seller processes the Customer’s personal data for the intended purpose and in accordance with statutory provisions (GDPR, DSG).

14.2. The personal data provided for the purpose of ordering (such as name, email address, address, payment data) is used to fulfil and process the contract, treated confidentially and not passed on to third parties who are not involved in the ordering, delivery and payment process.

14.3. The Customer has the right to access, rectification, erasure and restriction of the processing of their personal data, unless a statutory retention obligation applies.

14.4. Further information on the nature, scope, place and purpose of the processing of personal data can be found in our Privacy Policy.

15. Place of jurisdiction, applicable law, contract language

15.1. If the Customer is an entrepreneur, a legal entity under public law or a special fund under public law, the place of jurisdiction and performance is the Seller’s registered office. Towards consumers, jurisdiction is governed by the mandatory provisions of § 14 KSchG.

15.2. The law of the Republic of Austria applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Towards consumers, this choice of law applies only to the extent that it does not restrict the mandatory provisions of the law of the country in which the consumer has their habitual residence.

15.3. The contract language is German.