Wine and spirits trade Weiß
AGB
AGB
General terms and conditions of business
§ 1 GeneralAll sales are subject to the following conditions. We do not accept any conflicting or deviating terms of sale of the buyer unless we have expressly agreed to them in writing. Our terms of sale also apply if we carry out the delivery without reservation despite knowing that the buyer has deviating or conflicting terms of sale. § 2 Offers and conclusion of contract Our offers are non-binding and subject to change until the contract has been concluded. Orders from the buyer are binding for the buyer and are accepted by delivery unless we confirm otherwise in writing. Terminations, declarations of withdrawal, requests for a reduction in the purchase price or compensation are only effective if they are made in writing. We only conclude contracts with · natural persons with full legal capacity who have reached the age of 18; by accepting the terms and conditions, the buyer confirms that they are of legal age. We would like to point out that wine packages are generally only handed over to adults; · legal entities based in the Federal Republic of Germany, a member state of the European Union or a third country. § 3 Prices and payment terms Unless otherwise stated in our offers and order confirmations, our prices are ex warehouse Hünstetten, Federal Republic of Germany, and include the VAT applicable at the time of delivery. VAT is shown separately on the invoice at the statutory rate on the day of invoicing. Excluded from this are products that are subject to differential taxation in accordance with Section 25a of the VAT Act. Any taxes or increases in taxes that come into force after the conclusion of the purchase contract are borne by the buyer if they affect the goods sold. Unless otherwise agreed, the net purchase price (without deduction) is due for payment immediately from the invoice date. The statutory regulations regarding the consequences of late payment apply. If the customer is a merchant, the claim is subject to interest from the due date at 8% above the applicable base interest rate. The buyer is only entitled to offset claims if his counterclaims have been legally established, are undisputed or have been recognized by us. In addition, the buyer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship. Payments can only be made directly to us, but we reserve the right to assign claims against customers to third parties. Please note the following when using the “PayPal” payment method: You must be registered there or register first, authenticate yourself with your access data and confirm the payment instruction to us (except for guest access, if applicable). When paying using a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. You will receive further information during the ordering process. Cash payment (when picking up) When picking up your purchase from our warehouse in Hünstetten, you can pay for it in cash. Cash on delivery: Cash on delivery (plus EUR 7.90 fee) We send your packages to you cash on delivery - please have the cash amount ready for the parcel service. The shipping costs as stated below apply. The cash on delivery fees for our free house packages: A free house delivery includes all packaging and shipping costs, but no costs associated with payment, such as cash on delivery fees. § 4 Shipping costs within Germany (excluding islands): We ship shipments with DHL or UPS as standard. Shipping is free in Germany for goods worth EUR 250.00 or more. These shipping costs apply to standard shipping within Germany for private customers to one delivery address - for shipments abroad, we will be happy to inform you of the conditions on request. § 5 Delivery and delivery dates The delivery dates we specify are non-binding. If, after the purchase contract has been concluded, it turns out that a sub-supplier does not deliver or delivers late, we are entitled to withdraw from the purchase contract. Likewise, the occurrence of force majeure, strikes, loss of goods during transport from the supplier or en route to the customer as well as unforeseen import restrictions entitle us to withdraw from the purchase contract in whole or in part. § 6 Transfer of risk, shipping, packaging costs Unless otherwise agreed, we will ship at our own discretion from the Hünstetten warehouse or, in the case of direct delivery from our suppliers' warehouse to the delivery address specified by the buyer. In the case of duty-unpaid or untaxed deliveries, the buyer is liable for payment of the duties on the goods and for proper clearance with the customs authorities. The transport risk is borne by the buyer, even if freight-free delivery has been agreed. Unless otherwise agreed, we will cover transport insurance for a premium of 1.6% of the value of the goods. The buyer is responsible for insuring the goods against duties on the goods in the case of duty-unpaid or untaxed deliveries. Transport and other packaging in accordance with the Packaging Ordinance will not be taken back, with the exception of pallets. Information on packaging disposal: Please dispose of old glass, paper and cardboard via the local collection systems. § 7 Liability for defects The delivered goods must be examined immediately in accordance with § 377 HGB and any defects must be reported in writing immediately, no later than 8 days after receipt. If there is a defect in the goods, the buyer is entitled to subsequent performance in the form of remedying the defect or delivering a defect-free goods. If subsequent performance fails, the buyer is entitled to demand withdrawal or a reduction in price. Replacement for bottled wine with a cork taste cannot be claimed; precipitation of crystals or sediment is not a defect. Claims for late delivery are excluded. We are liable in accordance with the statutory provisions if we culpably violate an essential contractual obligation; in this case, however, liability for damages is limited to the foreseeable, typically occurring damage. In particular, we are not liable for damage that did not occur to the goods itself, and not for lost profits or other financial losses of the buyer. Liability for culpable injury to life, body or health remains unaffected; this also applies to mandatory liability under the Product Liability Act. The limitation period for claims for defects is 12 months, calculated from the transfer of risk. We will only meet the buyer's recourse claims under Section 478 of the German Civil Code if the buyer is sued by his customers on the basis of mandatory statutory provisions and informs us in writing within one week of the claim being made so that we can examine the claims. Warranty claims cannot be assigned to third parties. Section 8 Total liability Any liability for damages beyond that provided for in Section 6 is excluded - regardless of the legal nature of the claim asserted. This applies in particular to claims for damages arising from negligence when concluding the contract, other breaches of duty or tortious claims and for compensation for property damage in accordance with Section 823 of the German Civil Code. Insofar as liability for damages is excluded or limited towards us, this also applies with regard to the personal liability for damages of our employees, workers, staff, representatives and vicarious agents. § 9 Retention of title We retain title to the purchased item until all payments from the delivery contract have been received. If the buyer breaches the contract, in particular if he defaults on payment, we are entitled to take back the purchased item. Taking back the purchased item does not constitute withdrawal from the contract unless we have expressly declared this in writing. If we seize the purchased item, this always constitutes withdrawal from the contract. After taking back the purchased item, we are entitled to sell it. The proceeds of the sale are to be offset against the buyer's liabilities - less reasonable disposal costs. In the event of seizures or other interventions by third parties, the buyer must notify us immediately so that we can file a lawsuit in accordance with Section 771 of the Code of Civil Procedure. If the third party is unable to reimburse us for the legal or extrajudicial costs of such a lawsuit, the buyer is liable for the loss incurred by us. If the customer resells the reserved goods, he hereby assigns the claim from the resale to us. We accept this assignment. We undertake to release the securities to which we are entitled at the request of the buyer to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released is up to us. § 10 Place of jurisdiction, place of performance If the buyer is a merchant, our place of business is the place of jurisdiction. However, we are entitled to sue the customer at the court of his place of residence. The law of the Federal Republic of Germany applies; the application of the UN Convention on Contracts for the International Sale of Goods is excluded. Unless otherwise stated in the order confirmation, our place of business is the place of performance. § 11 Consumer Dispute Settlement Act (VSBG) According to Section 36 Paragraph 1, No. 1 of the Consumer Dispute Settlement Act (VSBG), we point out that we are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards. § 12 Online dispute resolution in accordance with Art. 14 Paragraph 1 ODR Regulation The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. § 13 Final provisions (1) Should any provision of these General Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected. The relevant statutory provisions shall take the place of the invalid provision. (2) German law applies. (3) If the contractual partner is a merchant, a legal entity under public law or a special fund under public law, our place of business in Düsseldorf is agreed as the exclusive place of jurisdiction for all claims arising from or based on this contract. The same applies to persons who do not have a general place of jurisdiction in Germany or persons who have moved their place of residence or habitual abode outside of Germany after the conclusion of the contract or whose place of residence or habitual abode is not known at the time the action is brought. Terms and Conditions as of May 22, 2021
