1. Validity
All sales and deliveries of goods by the DER EINZIGE Mario Altan winery – particularly within the scope of this online shop – are subject to these general terms and conditions. Deviating terms and conditions are invalid unless the DER EINZIGE Mario Altan winery has agreed to them in writing or by email prior to accepting the order. These general terms and conditions may be amended by the DER EINZIGE Mario Altan winery at any time and shall apply in the version current at the time the customer places the order. The customer agrees to these general terms and conditions by placing the order at the latest.

2. Conclusion of contract
The contractual, ordering, and business language is German. The customer's order represents an offer to the DER EINZIGE Mario Altan winery to conclude a purchase contract. As soon as the customer places an order in the Leo Hillinger GmbH online shop, the DER EINZIGE Mario Altan winery sends an email confirming receipt of the order by the DER EINZIGE Mario Altan winery and constituting a purchase contract for the DER EINZIGE Mario Altan winery. Payment is then made during the ordering process, either by debiting the customer's credit card or using another selected payment method. The ordered products are then delivered to the customer via parcel service. As soon as the ordered goods are being shipped, the customer is notified by email and receives the paid invoice with this email.

3. Prices and shipping
The prices offered for the goods are gross prices in euros and include all statutory taxes and duties for domestic deliveries. Glass and packaging are included.
For deliveries outside Austria, additional customs duties and/or taxes may apply, including any import or export duties and any consumption taxes, which may result in a change in the gross prices offered. Such customs duties and/or taxes are to be borne by the customer at the applicable statutory rate. Furthermore, deliveries outside Austria can only be made if there are no legal or disproportionate logistical obstacles preventing delivery.
The prices stated in catalogs, brochures, price lists, etc. are always non-binding unless expressly stated otherwise in individual cases. Prices are also non-binding for repeat orders.
Prices are based on the costs up to the time of initial pricing. Should costs change before the customer places an order, Weingut DER EINZIGE Mario Altan reserves the right to adjust prices accordingly. The binding prices will be displayed in the Leo Hillinger GmbH online shop after the correct selection has been made in the shopping cart.
All shipping costs are borne by the customer. Goods are primarily shipped via the parcel service DPD. The corresponding shipping costs are displayed to the customer during the ordering process – immediately before completing the order – and are added to the total invoice amount. Shipping costs are also listed in detail under the "Payment and Delivery Conditions" section.

If delivery to the customer is not possible because the goods have to be reproduced, the customer will be notified immediately by email or telephone.

If delivery to the customer is not possible because the customer is not at the specified delivery address when the package is handed over, Austrian Post will leave a parcel label at the delivery address with information about when the package will be redelivered. This will be attempted three times. After the third attempt, the package will be returned to Leo Hillinger GmbH.

SHIPPING INFO

AUSTRIA	12.90 EUR
	Free shipping for orders over 50 EUR
GERMANY	17.90 EUR
	Free shipping for orders over 50 EUR

4. Due date and retention of title
The purchase price is due upon conclusion of the contract, at the latest upon delivery of the goods. This also applies to partial deliveries, where the purchase price is payable for the partial quantities delivered.
The DER EINZIGE Mario Altan winery reserves ownership of all goods until the purchase price including additional fees has been paid in full.
If the buyer is in default with payment or other performance, the winery DER EINZIGE Mario Altan can postpone the fulfillment of its obligations until receipt of the outstanding payment or other services, claim a reasonable extension of the delivery period corresponding to the customer's default, make the entire or still outstanding purchase price immediately due (default). This also applies if an installment payment has been agreed with the consumer under the conditions of Section 14 of the Consumer Protection Act (KSchG) or if a reasonable grace period is not observed, withdraw from the contract.
In addition, default interest of 5% will be charged. Furthermore, the customer who defaults on payments is obligated to reimburse all pre- and extrajudicial collection and enforcement costs incurred as a result of their default, including reminder and collection fees, as well as legal representation fees. If the payment deadline is exceeded, any compensation granted (discounts, discounts, etc.) will be forfeited and invoiced.

5. Payment
The customer can pay the purchase price by credit card or other specified payment methods.

6. Place of performance
The place of performance for all services arising from the transactions between the contracting parties is the registered office of the DER EINZIGE Mario Altan winery, even if the handover of goods is to take place at another location according to the agreement.

7. Transfer of risk
If the customer collects the goods themselves, the risk is transferred to the customer at the latest when the goods are handed over at the cash register.
Upon delivery, the risk is transferred to the customer upon handover of the goods from the DER EINZIGE Mario Altan winery to the carrier. Delivery is therefore at the customer's expense and risk.
Transport insurance will only be taken out upon express instruction from the customer and at his expense.
If the customer has concluded the transport contract himself, the risk shall pass to the customer upon handover of the goods to the carrier – even in the case of customers within the meaning of the Consumer Protection Act (KSchG).

8. Right of withdrawal
If the customer is a consumer within the meaning of the Consumer Protection Act (KSchG) and the contract is a distance selling transaction, they may withdraw from the contract within 14 days without stating reasons. The withdrawal period is 14 days from the date of conclusion of the contract. To exercise the right of withdrawal, the customer must notify Weingut DER EINZIGE Mario Altan by means of a written declaration stating their name, address, telephone number, and the decision to withdraw from the contract. The deadlines are met if the customer sends the notification of withdrawal from the contract before the expiry of the withdrawal period.
If the customer cancels the contract, the DER EINZIGE Mario Altan winery shall refund all payments received from the customer, including delivery costs – with the exception of additional costs resulting from the customer choosing a delivery method other than the inexpensive standard delivery offered by the DER EINZIGE Mario Altan winery – promptly and at the latest within 14 days from the date on which the DER EINZIGE Mario Altan winery received notification of the cancellation of the contract. For this refund, the DER EINZIGE Mario Altan winery will use the same means of payment that the customer used for the original transaction, unless something else was expressly agreed with the customer; under no circumstances will the DER EINZIGE Mario Altan winery charge any fees for this refund. The DER EINZIGE Mario Altan winery may refuse to refund until it has received the goods back or until the customer has provided proof that they have returned the goods, whichever is earlier.
The customer must return or hand over the goods promptly and, in any event, no later than 14 days from the date on which they notify Weingut DER EINZIGE Mario Altan of the cancellation of this contract. This deadline is met if the customer sends the goods before the expiry of the 14-day period. The customer shall bear the direct cost of returning the goods. The customer is only liable for any loss of value of the goods if this loss of value is due to handling that is not necessary to check the quality, properties, and functioning of the goods.
The customer's right of withdrawal is excluded for contracts for goods that are manufactured according to customer specifications or are clearly tailored to personal needs, for goods that can spoil quickly or whose expiration date is quickly exceeded, for goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, for alcoholic beverages the price of which was agreed upon conclusion of the contract but which cannot be delivered earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence, for the delivery of beverages that are delivered by Leo Hillinger GmbH as part of frequent and regular journeys to the consumer's home, place of stay or place of work;

Therefore, please see the cancellation form:

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
– Ordered on (*)/received on (*):
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if notification is on paper) -Date
(*) Delete as appropriate

The completed cancellation form must be sent to:
Winery DER EINZIGE Mario Altan, Dir. Dr. Mayer Gasse 14, 2700 Wiener Neustadt, Tel. +436505010450, Email: office@d er-einzige.com

9. Warranty
Promises, such as those regarding the usability or special properties of the goods, or statements made by employees of the DER EINZIGE Mario Altan winery are non-binding and do not constitute an express guarantee of certain properties.
Warranty claims require that defects be reported to the DER EINZIGE Mario Altan winery immediately. Visible defects must be reported immediately upon receipt, and hidden defects upon discovery, and the opened goods and original invoice must be presented. Warranty claims are in any case limited to the purchase price of the delivered and defective goods.
Reasons of taste, customary or minor, technically caused deviations in quality, quantity, color, size, weight, equipment or design as well as age-related changes in taste, color and packaging do not constitute warranty defects or non-fulfillment of the contract.
The DER EINZIGE Mario Altan winery is not liable for the consistency of taste, color, material, pattern, or other characteristics of reordered goods. The same applies to goods ordered based on samples, provided the deviation remains within customary commercial and technical limits.
Any warranty is excluded after tasting, consumption or commencing processing or processing of the goods.

10. Damages
The liability of Weingut DER EINZIGE Mario Altan is governed exclusively by the agreements made in the above points. Further claims by the customer, regardless of the legal basis, including claims for damages, are excluded. This applies in particular to claims for compensation for lost profits, other financial losses, especially those due to positive breach of contract, or compensation for damages not caused by the goods themselves.
The above exclusion of liability does not apply if the cause of the damage is based on intent or gross negligence. The injured party must prove the existence of intent or gross negligence. The right to compensation ends in any case with the end of the warranty period and is limited to the invoice amount.
The same principles mentioned above apply to the liability of vicarious agents and assistants.

11. Protection of minors
Orders for wine and spirits can only be placed with persons over 18 years of age. By placing an order, the customer confirms that they or the recipient of the goods are over 18 years of age.

13. Data processing
Please refer to the data protection information sheet also available on this website: www.d er-einzige.com/datenschutz

14. Miscellaneous
Should any of these provisions be invalid, the validity of the remaining provisions shall not be affected. Rather, the invalid or unenforceable provision shall be replaced by a valid or enforceable provision that most closely approximates the economic purpose of the invalid provision.
Deviation from these General Terms and Conditions and the formal requirements contained therein require an express written agreement between the DER EINZIGE Mario Altan winery and the customer.
Written declarations shall be deemed to have been received if they are sent to the address last provided by the customer.

15. Place of jurisdiction, applicable law
For all legal disputes between the contracting parties, the application of Austrian law is agreed, excluding any conflict of law provisions and excluding the UN Convention on Contracts for the International Sale of Goods.
The place of jurisdiction for all disputes arising from the contractual relationship or future contracts between the winery DER EINZIGE Mario Altan and the customer is the court with local and subject-matter jurisdiction for the location of the winery DER EINZIGE Mario Altan.

Wiener Neustadt, January 4, 2024