General Terms & Conditions
For distribution within www.maywines.com webshop and inthe Vinothek, Landstraßer Gürtel 19, 1030 Wien
§1 Offers and orders
These terms and conditions („terms“) apply to all sales of wine and any other goods by May Wines KG („maywines“) to our customer („you“).
You only can order when you fill in all necessary fields during the order process on our webpage. If data is missing or for any other reason we are not able to match your order, you will receive an error message from us. During the ordering process you have the possibility to change and amend your order. The customer can as well order physically at the maywines-Vinothek.
We are informing you if the ordering process is finalized. Please note that an acknowledgement of your order by us does not constitute acceptance of your order. Your order will be accepted when we send you an invoice or the wines or any other product you have order. You will receive a confirming e-mail.
May Wines KG is entitled to decline any order at any time. In this case you will be informed via email.
In order to purchase wines or any other product from us you must be at least 18 years old or you must have reached the requsite age in your home territory for the purchase of alcohol.
§2 Storage of contract
The contract will be stored by us and you can request the contract at any time at email@example.com . In this case we need the invoice number.
§ 3 Language
The language is German. On request we will provide the invoice in English.
§ 4 Target countries
We offer our services and products to clients who are domiciled within the European Union.
For deliveries to other international countries third party costs incurred (including shipping costs and any extra costs) will be charged. The purchaser must ensure that the relevant provisions of the importing country, for the purchase of goods, are observed and complied with. Please note that due to legal regulations of individual countries, we do not deliver throughout the EU or worldwide. We are happy to inform you individually about deliveries to other countries. Delivery and billing are done by maywines.
§ 5 Committment to your order
You are committed to your order for six (6) days after submitting to us. Independent from this is your cancellation right according to § 10 of this GC
§ 6 Arrival of order
We will send you a confirmation email when we receive your order.
§ 7 Delivery
We will deliver your wines or any other products with our logistic partners or via the post office. Should we become aware during the ordering process that the ordered goods are not available you will be informed by us via email.
Please note that the contract between us is conditional on the wines being available for sale to you and we are entitled to decline any order at any time if we are unable to deliver or make available the wines to you. In this case we will refund your payments in full.
§ 8 Payment terms
All prices are including tax and VAT as long as the wines don’t belong to the „marginal tax treatment“.
Delivery costs will be mentioned separately and depend on the number of bottles and region to be send to.
If we have not agreed on special payment terms payment will be due immediately when we issue an invoice to you. You are liable for any amount that remains outstanding and interest will continue to accrue at the rate of 10% for the given period.
We start the shipping process when we have received the payment in full for your order.
If wines purchased are not delivered or collected due to your responsibility we will charge a storage fee of €5.—per bottle per month and additional depending on the bottle value insurance costs.
After setting an extra time we reserve the right to cancel your order and sell the wines or any goods to someone else. After deducting our administrative costs we will reimburse all payments received from you.
§ 9 Reservation of ownership
We will retain title in all wines sold by us until you have paid the invoices in full.
§ 10 Cancellation rights under the consumer regulations
If you are a retail client with respect to the Austrian Konsumentenschutzgesetz or the respectiv consumer regulations law in your country you have the right to cancel your contract with us under the Consumer Contracts Regulaltions.
You will have a right to cancel your contract for the purchase of wines within 14 days without giving any reason. Saturday, Sundays and public holidays are included in this time period.
If you cancel your contract with us we will reimburse all payments received from you. We may make a deduction from you from the reimbursement for loss in value of any wines supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay but not before we have received the wines or any other products back in our office.
You will have to bear the direct cost of returning the wines.
§ 11 Warranty
We do not warrant taste or drinkability of wines purchased.
We regret that given the nature of wines we sell we do not provide refunds for corked wines.
To register a complaint please us following address: May Wines KG, Beckgasse 22/5, 1130 Vienna, Austria
§ 12 Indemnification
Our liability in any circumstances in connection with any sale of wines will be limited to the purchase price paid by you for the wines. Indemnifications due to ordinary negligence are excluded.
§ 13 Risk of cork taint
We want to inform you, that maywines is not taking responsibility for cork taint or oxidation of bottles as we don’t treat this as a defect, and we cannot tack back opened bottles.
We are specialized on mature bottles and each bottle has his own storage and maturity history on which maywines has no influence.
Additional every wine taster and connoisseur has a different perception on weak or strong bottles and maywines cannot bare these risks or any liability. If you receive a bottle from us where you don’t like the label, color, fill level,… you can send them back to us and receive your payment back if the bottle is still closed and in the same condition as we’ve sent them to you. Maywines cannot take back opened bottles.
§ 14 Risk of loss
If nothing else is agreed, you are responsible for the risk of loss during transportation. You explicitly agree that we ship the wines or any other goods with Post or any logistic partners.
On your demand maywines can insuring all shipments. The insurance costs can vary according to the country from 0,25% up to 1% of the total value (invoice) and must be covered by you.
§ 15 Data processing
You agree that we are storing following data from you: name, address, tel. number, birth date, email address, wines you are interested in. We don’t hand out your data to third parties with the exception for the ordering and internal processes like accounting, shipment …
Additional you accept receiving regular emails from us especially our wine newsletter.
You have at any time the right to withdraw this data processing allowance. In this case please inform us by sending an email to: firstname.lastname@example.org
§ 16 Jurisdiction
These current general conditions are governed by the legislation of the Republic of Austria