Terms and conditions
1. SCOPE OF APPLICATION
1.1 These General Terms and Conditions (hereinafter referred to as „GTC“) of Weingut Paul Anheuser GbR (hereinafter referred to as „Seller“) apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as „Customer“) with the Seller regarding the goods and/or services presented by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2. CONCLUSION OF CONTRACT
2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online store. In doing so, after placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, e-mail or post.
2.3 The Seller may accept the Customer’s offer within five days – by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer shall be decisive, or – by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer shall be decisive, or – by requesting payment from the Customer after the Customer has placed the order. If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.4 When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions. However, the text of the contract can no longer be retrieved by the customer via the seller’s website after the order has been sent.
2.5 Prior to the binding submission of the order via the Seller’s online order form, the Customer may continuously correct its entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Order processing and contacting usually take place via e-mail and automated order processing. The Customer shall ensure that the e-mail address provided by it for order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
2.8 In the case of an order for alcoholic beverages, the Customer confirms by sending the order that he has reached the minimum age required by law and undertakes to ensure that either he or a person of full age authorized by him may accept the goods.
3. RIGHT OF REVOCATION
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the seller’s cancellation policy.
4. PRICES AND TERMS OF PAYMENT
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The payment option(s) will be communicated to the Customer in the Seller’s online store.
4.3 If payment in advance has been agreed, payment shall be due immediately after conclusion of the contract.
4.4 If payment is made by means of a payment method offered by PayPal, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: „PayPal“), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the Terms and Conditions for Payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
5. DELIVERY AND SHIPPING CONDITIONS
5.1 Delivery of goods shall be made by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing shall be decisive.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered service, unless the seller had given him reasonable advance notice of the service.
5.3 In case of self-collection, the Seller shall first inform the Customer by e-mail or telephone that the goods ordered by the Customer are ready for collection. After receiving this information, the Customer may pick up the goods at the Seller’s registered office by arrangement with the Seller. In this case, no shipping costs will be charged.
5.4 Vouchers are provided to the Customer as follows: – by mail
6. RETENTION OF TITLE
If the seller makes advance performance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7. LIABILITY FOR DEFECTS (WARRANTY)
7.1 If the purchased goods are defective, the provisions of the statutory liability for defects shall apply.
7.2 The Customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.
8. REDEMPTION OF GIFT VOUCHERS
8.1 Gift certificates that can be purchased through the Seller’s online store (hereinafter „Gift Certificates“) can only be redeemed at the Seller’s premises, unless otherwise stated in the Gift Certificate.
8.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year after the year of the purchase of the Gift Voucher. Remaining credits will be credited to the customer until the expiration date.
8.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4 Several gift vouchers can also be redeemed for one order.
8.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
8.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
8.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.
8.8 The gift voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Gift Voucher at the Seller’s Winery. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.
9. APPLICABLE LAW
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
10. INFORMATION ON ONLINE DISPUTE RESOLUTION
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
