§ 1 Scope, Definitions
(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online shop between us, the
Weingut Thomas Mend
Owner: Thomas Mend
Weinbergstr. 13
97346 Iphofen
Tel.: 09323-3013
Fax: 09323 -870171
Email info@weingut-mend.de
Homepage www.weingut-mend.de
and to you as our customers. The General Terms and Conditions apply regardless of whether you are a consumer, entrepreneur, or merchant.
(2) All agreements made between you and us in connection with the purchase agreement are set forth in particular in these sales conditions, our written order confirmation, and our acceptance declaration.
(3) The General Terms and Conditions valid at the time of the conclusion of the contract shall be authoritative.
We do not accept the customer's deviating terms and conditions. This also applies if we do not expressly object to their inclusion.
(5) The customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or a partnership with legal capacity that acts in the exercise of their commercial or independent professional activity when concluding the contract.
§ 2 Conclusion of Contract
The presentation and offering of items in our online shop do not constitute a binding offer to conclude a purchase agreement.
(2) By submitting an order through the online shop by clicking the „order subject to payment“ button, you are placing a legally binding order. You are bound by the order for a period of two (2) weeks after placing the order; your right to revoke your order, if any, pursuant to § 3 remains unaffected.
We will confirm receipt of your order placed through our online shop immediately via email. Such an email does not yet constitute a binding acceptance of the order, unless the acceptance is declared in addition to the confirmation of receipt.
A contract is only concluded when we accept your order by means of an order confirmation or by delivering the ordered items.
(5) We can only consider orders for deliveries abroad above a minimum order value. You can find the minimum order value in the pricing information provided in our online shop.
(6) If delivery of the goods you ordered is not possible, for example, because the corresponding goods are out of stock, we will refrain from accepting the order. In this case, no contract will be concluded. We will inform you immediately and refund any payments already received without delay.
§ 3 Right of Withdrawal
(1) Consumers generally have a statutory right of withdrawal when concluding a distance selling contract, about which the provider informs them below according to the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). A model withdrawal form can be found in paragraph (3).
Revocation Notice
Right of withdrawal
You have the right to revoke 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, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us:
Weingut Thomas Mend
Owner: Thomas Mend
Weinbergstr. 13
97346 Iphofen
Tel.: 09323-3013
Fax: 09323 -870171
Email info@weingut-mend.de
by means of a clear declaration (e.g., a letter sent by post, fax, or email) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, but it is not mandatory.
To comply with the withdrawal period, it is sufficient to send the notification of exercising the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you revoke this contract, we shall repay to you all payments we have received from you, including the cost of delivery (with the exception of the additional costs resulting from your choosing a type of delivery other than the favorable standard delivery offered by us), without delay and no later than fourteen days from the date on which the notice of your revocation of this contract is received by us. We shall use the same means of payment that you used for the original transaction for this repayment, unless something else was expressly agreed with you; in no case will you be charged any fees for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You shall return or hand over the goods to us without delay and in any event no later than fourteen days from the date on which you inform us of your withdrawal from this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day period.
You bear the direct costs of returning the goods.
You shall only be liable for a loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties, and functionality.
(2) The right of withdrawal shall not apply to distance selling contracts for the supply of goods that have been manufactured according to customer specifications or are clearly tailored to personal needs, or that are unsuitable for return due to their nature or can spoil quickly, or whose expiry date would be exceeded.,
(3) The provider informs about the model withdrawal form as follows, according to the statutory regulation:
Sample Withdrawal Form
If you wish to revoke the contract, please fill out this form and return it.
A
Weingut Thomas Mend
Owner: Thomas Mend
Weinbergstr. 13
97346 Iphofen
Tel.: 09323-3013
Fax: 09323 -870171
Email info@weingut-mend.de
Hereby, I/we revoke the contract concluded by me/us for the purchase of the following goods:
…………………………………………………………………………………………………………………….
...
(Item Name, Order Number, Delivery Note Number, and Price)
Ordered on: Received on:
………………………. ………………………..
(Date) (Date)
Customer Name, Address
……………………………………………………………………
……………………………………………………………………
…………………………………………………………
……………………….
Date
……………………………………………………………………
Customer Signature
(only with written revocation)
§ 4 Delivery, Product Availability
We are entitled to make partial deliveries to the extent that this is reasonable for you.
(2) The delivery time is approximately 3-5 working days, unless otherwise agreed. It begins upon conclusion of the contract.
§ 5 Retention of Title
Until full payment, the delivered goods remain the property of the seller.
§ 6 Prices and Shipping Costs
All prices in our online shop are gross prices including statutory value-added tax and are in addition to any shipping costs incurred.
(2) Shipping costs are shown in our price listings in our online shop. The price including sales tax and any applicable shipping costs will also be displayed on the order form before you submit the order.
If we fulfill your order by means of partial deliveries according to § 3 para. 1, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) If you validly revoke your contractual declaration in accordance with §, you may, under the statutory conditions, demand reimbursement of costs already paid for shipping to you (initial shipping costs) (see § 3 Para. 3 for other revocation consequences).
§ 7 Payment Terms
The purchase price and shipping costs are due within two (2) weeks of receipt of our invoice at the latest, payable by bank transfer or PayPal, unless advance payment has been agreed upon.
(2) You can pay the purchase price and shipping costs into our account of your choice
Bank Details
Sparkasse Mainfranken
IBAN: DE76790500000000106443
SWIFT: BYLADEM1SWU
transfer, grant us direct debit authorization, or pay cash upon pickup. In the event of a granted direct debit authorization or payment by EC/Maestro or credit card, we will initiate the charge to your account at the earliest at the time regulated in Sec. 1. A granted direct debit authorization remains valid for further orders until revoked.
(3) You are not entitled to offset our claims unless your counterclaim has been legally established or is undisputed. You are also entitled to offset our claims if you assert warranty claims or counterclaims arising from the same purchase contract.
(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
§ 8 Warranty for Material Defects
(1) The provider shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for items delivered by the provider is 12 months.
Should small crystalline deposits appear in the bottles, this does not constitute a compromise in quality and therefore no grounds for complaint. These bear witness to the wine's maturity and have no effect on its taste.
§ 9 Liability
(1) In all cases of contractual and non-contractual liability, we shall be liable to you for damages or reimbursement of futile expenses in cases of intent and gross negligence in accordance with the statutory provisions.
(2) In all other cases, we shall be liable only for the breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and the observance of which you as a customer may regularly rely on (so-called cardinal obligation), and then limited to the reimbursement of foreseeable and typical damage, unless otherwise regulated in paragraph 3. In all other cases, our liability is excluded, subject to the provision in paragraph 3.
(3) Our liability for damages arising from injury to life, body or health, and under the Product Liability Act, remains unaffected by the aforementioned limitations and exclusions of liability.
§ 10 Copyright
We hold the copyright to all images and texts published in our online shop. Use of the images, films, and texts is not permitted without our express consent.
Section 11 Data Privacy
(1) The following provides information on the collection of personal data when concluding purchase contracts. Personal data is any data that can be related to you personally, such as your name, address, email addresses, payment details, and ordered goods. The responsible party according to § 3 para. 7 of the Federal Data Protection Act (BDSG) is the company named at the beginning of these General Terms and Conditions.
(2) The data is collected and stored by us to the extent necessary to provide the contractual services. If we deliver goods to you, we will pass on your data to the shipping company commissioned, insofar as this is necessary for delivery. Further use will only take place if you have consented.
Your payment details will be transferred to the relevant payment service provider depending on the payment method you select. The payment service provider is responsible for your payment details.
(4) We maintain up-to-date technical measures to ensure data security, in particular to protect your personal data from dangers during data transmission and from access by third parties. These are adapted to the current state of the art.
(5) You have the right to request information from us at any time about the data stored about you by us. This also applies to their origin, as well as the recipients or categories of recipients to whom these data are passed on, and the purpose of storage. If you have given your consent to the use of data, you can revoke it at any time. Please send all information requests, data inquiries, or objections to data processing by e-mail to the address mentioned in § 1. For further information, please refer to our data privacy policy.
§ 11 Governing Law and Jurisdiction
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you placed the order as a consumer and at the time of your order your usual place of residence was in another country, the application of mandatory legal provisions of that country shall remain unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your place of business in Germany at the time of the order, the place of jurisdiction shall be the seller's place of business. For all other matters concerning local and international jurisdiction, the applicable statutory provisions shall apply.
As of: June 2016
