Terms and Conditions

Weingut Michael Wenzel · Last updated: September 2026

This English version is provided for information only. The German version is legally binding.

1. Scope and contracting party

1.1 These General Terms and Conditions (GTC) apply to all orders you place through our online shop at michaelwenzel.at. Your contracting party is:

Weingut Michael Wenzel, owner Michael Wenzel, Hauptstraße 29, 7071 Rust, Austria · Email: office@michaelwenzel.at · Phone: +43 699 19567581 (hereinafter “we” or “us”).

1.2 The version of these GTC published on our website at the time of your order applies. Deviating terms apply only if we expressly agree to them.

1.3 A consumer within the meaning of these GTC is anyone who enters into a transaction that is not part of the operation of their business (Section 1 Austrian Consumer Protection Act, KSchG). Provisions that apply only to consumers or only to businesses are marked as such.

1.4 Our online shop delivers to customers with a delivery address in Austria and Germany. For orders from other countries, and for restaurants and specialist retailers, please write to us at office@michaelwenzel.at.

2. Protection of minors

2.1 We sell alcoholic beverages only to persons who have reached the legal minimum age. For wine and sparkling wine, this is 16 years of age in Austria and Germany; for spirits and brandies, it is 18. By placing your order, you confirm that you have reached this age.

2.2 We may request proof of age and have goods delivered with an age check. Goods are handed over only to persons who have reached the minimum age. If proof of age cannot be provided, we may withdraw from the contract; in this case, we will refund any payments already made in full.

3. Ordering and conclusion of the contract

3.1 The presentation of our wines in the online shop is not a binding offer but an invitation to place an order.

3.2 How to order: Add the wines you want to your cart and proceed to checkout via “Check out”. Enter your contact and delivery details and choose a shipping and payment method. Before submitting, you will see an overview of your order and can check and correct all details. By clicking the “Buy now” button, you submit a binding offer to purchase.

3.3 Immediately afterwards, you will receive an automatic email confirming receipt of your order. This confirmation of receipt does not yet constitute acceptance of your offer. The purchase contract is concluded when we expressly accept your order by email (e.g. with the shipping confirmation) or dispatch the goods to you. If we do not accept your offer within five working days, you are no longer bound by it; any payments already made will be refunded without delay.

3.4 The contract language is German. We store the contract text. You will receive the contract confirmation with all order details, these GTC and the withdrawal instructions by email or on paper at the latest upon delivery. You can view, save and print these GTC on this page at any time.

4. Prices and shipping costs

4.1 All prices are stated in euros and include statutory VAT.

4.2 Shipping costs are charged in addition to the price of the goods. They are shown in the shipping information and during checkout before you submit your order.

4.3 No shipping costs apply for collection at the winery in Rust.

5. Delivery and collection

5.1 We deliver by parcel service to the address you provide in Austria or Germany. Unless otherwise stated for a wine, delivery takes 2–5 working days after conclusion of the contract.

5.2 If a wine you have ordered is unexpectedly no longer available – for example because a vintage has sold out – we will inform you immediately. We will only deliver a different vintage or a different wine with your express consent. Otherwise, we may withdraw from the contract for that wine; any amounts already paid will be refunded without delay.

5.3 If you are a consumer, the risk of loss of or damage to the goods passes to you only when the goods are handed over to you or to a person designated by you (other than the carrier). If you are a business, the risk passes to you upon handover to the parcel service.

5.4 Please report visible transport damage at delivery if possible and send us a photo at office@michaelwenzel.at. This helps us settle the damage quickly with the parcel service. Your statutory rights do not depend on this.

5.5 If you choose “Pick up at the winery” during checkout, you can collect your order at Hauptstraße 29, 7071 Rust, after receiving our pickup notification, during cellar door opening hours or by appointment. We may ask for proof of age on collection.

6. Payment

6.1 The available payment methods are shown during checkout. They currently are: credit card, PayPal and Apple Pay.

6.2 The purchase price is due upon conclusion of the contract. The amount is charged to your chosen payment method when you place your order.

6.3 If you are in default of payment, statutory default interest applies: 4% per year for consumers (Section 1000 Austrian Civil Code, ABGB) and the interest under Section 456 Austrian Commercial Code (UGB) for businesses. We may also claim reasonable reminder and collection costs necessary for recovery if you are responsible for the default.

7. Retention of title

The goods delivered remain our property until paid for in full.

8. Warranty

8.1 The statutory warranty applies – for consumers under the Austrian Consumer Warranty Act (VGG), for businesses under the ABGB and UGB. The warranty period is two years from delivery. If a defect becomes apparent within the first year, it is presumed to have existed at the time of delivery. Businesses must give notice of defects without delay after receipt of the goods (Section 377 UGB).

8.2 Our wines are spontaneously fermented, unfined and unfiltered. Sediment at the bottom of the bottle, tartrate crystals and slight natural cloudiness are therefore typical characteristics of these wines and not a defect. The same applies to natural differences between vintages, bottles and labels.

8.3 If a wine is faulty – for example corked – please write to us at office@michaelwenzel.at and keep the bottle with the remaining wine. We will find a solution together with you.

8.4 We only give a guarantee if we expressly declare it.

9. Liability

9.1 We are liable for damage we cause intentionally or through gross negligence. We are not liable for property damage caused through slight negligence.

9.2 This limitation does not apply to personal injury or to claims under the Product Liability Act. Your warranty rights also remain unaffected.

10. Right of withdrawal for consumers

As a consumer, you may withdraw from the contract. The following instructions follow the statutory model (Annex I to the Austrian Distance and Off-Premises Contracts Act, FAGG), supplemented by information on the online withdrawal function (Section 13a FAGG).

Withdrawal instructions

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. If you have ordered multiple goods in one order that are delivered separately, the period expires 14 days after the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

To exercise the right of withdrawal, you must inform us (Weingut Michael Wenzel, Hauptstraße 29, 7071 Rust, Austria, phone: +43 699 19567581, email: office@michaelwenzel.at) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but it is not obligatory.

You can also declare your withdrawal online using the “Withdraw from contract” button, which you will find in the footer of every page of our online shop. If you use this option, we will send you an acknowledgement of receipt of your withdrawal by email without delay, stating its content and the date and time of receipt.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

End of withdrawal instructions

10.1 Note on opened bottles: It is not necessary to open a bottle in order to examine a wine. If a bottle is opened or its capsule removed, compensation up to the purchase price of that bottle may therefore be charged.

10.2 There is no right of withdrawal (Section 18 FAGG) for goods made to your specifications or clearly personalised (e.g. bottles with a personal label or engraving), or for alcoholic beverages whose price was agreed at the conclusion of the contract, which can be delivered no earlier than 30 days afterwards and whose value depends on market fluctuations beyond our control (e.g. en primeur subscriptions).

10.3 To help us process your return quickly, please notify us briefly at office@michaelwenzel.at beforehand and, if possible, pack the bottles in their original shipping carton so that they do not break in transit. This is a request only – your right of withdrawal does not depend on it.

11. Dispute resolution

If something is not right, please write to us first at office@michaelwenzel.at – we will do our best to find an amicable solution.

12. Data protection

We process your personal data only to handle your order and in accordance with the General Data Protection Regulation. Details can be found in our privacy policy at michaelwenzel.at/policies/privacy-policy.

13. Applicable law and place of jurisdiction

13.1 Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law. If you are a consumer, this choice of law applies only insofar as it does not deprive you of the protection of the mandatory provisions of the country in which you have your habitual residence.

13.2 If you are a consumer with your residence, habitual abode or place of employment in Austria, we can only sue you before the court in whose district one of these places is located (Section 14 KSchG). If you are a business, the court with subject-matter jurisdiction for 7071 Rust is competent.

14. Final provisions

Should any provision of these GTC be invalid, the remaining provisions shall remain valid.

Annex: Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To: Weingut Michael Wenzel, Hauptstraße 29, 7071 Rust, Austria, email: office@michaelwenzel.at

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)

_____________________________________________

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

Name of consumer(s): ______________

Address of consumer(s): ______________

Signature of consumer(s) (only if this form is notified on paper): ______________

Date: ______________

(*) Delete as appropriate.