Terms of service
Terms of Service
§ 1 SCOPE OF APPLICATION
Our terms and conditions below apply to all contracts that we conclude with consumers based on orders via our online shop at weingut-friderichs.myshopify.com .
§ 2 CONCLUSION OF CONTRACT
(1) The goods offered in our online shop are non-binding and not offers in the legal sense. By clicking the button"Add to shopping cart"the customer can put the respective goods in the virtual shopping cart. This process is non-binding and does not constitute a contract offer. Before an order is placed, the content of the order, including the customer data, is summarized on an overview page. The customer can correct all order data there using the change fields provided. By clicking on the “Buy” button, the customer makes a binding offer to conclude a purchase contract. After the order has been placed, the customer receives an automatically generated e-mail from us that confirms that we have received the order and gives its details (confirmation of receipt). This confirmation of receipt does not represent an acceptance of the contract. A contract is only concluded when an order confirmation is sent or the goods are delivered.
(2) The terms and conditions can be viewed before ordering via the quick link in the footer of the shop. The customer will be provided with the contractual provisions including these general terms and conditions after placing his order at the latest with delivery of the goods in text form.
(3) The customer assures that all information provided by him when ordering or registering in the online shop (e.g. name, address, e-mail address, bank details, etc.) is truthful. Changes are to be communicated to us without delay.
(4) The contract language is exclusively German.
(5) We only deliver our goods to customers within Germany. Do you have an address within the EU but outside of Germany? We would like to ask you to send an inquiry to firstname.lastname@example.org for the purpose of individual clarification of the postal dispatch.
§ 3 PRICES, SHIPPING COSTS
(1) The prices mentioned in our online shop are in EURO and include the statutory sales tax and sparkling wine tax.
(2) Shipping is at the customer's expense. An overview of the shipping options and the resulting shipping costs can be found under the Shipping link. The shipping costs are also displayed to the customer on the overview page before the order is placed.
§ 4 PAYMENT
(1) The pay generally takes place at the customer's option by prepayment, credit card, PayPal, instant transfer or Klarna invoice.
(2) The customer is only entitled to set-off rights with claims that are undisputed by us or that have been legally established against us. The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
(3) If the fulfillment of Weingut-Friderichs.myshopify.com's payment claims by the client is at risk because the deterioration of his financial circumstances occurred or became known after the conclusion of the contract, Weingut-Friderichs.myshopify.com can demand advance payment or immediate payment of all open invoices hold back goods that have not yet been delivered or stop working on ongoing orders. Weingut-Friderichs.myshopify.com is entitled to these rights even if the client does not make payment despite a reminder based on default. In the event of default in payment, default interest at the rate of 5% pa above the respective key interest rate of the ECB is to be paid. This does not exclude the possibility that further damage caused by default will be asserted.
§ 5 DELIVERY
If an ordered item is not available, we are entitled to withdraw from the contract. In this case, we will inform the customer immediately that the ordered goods are not available and immediately reimburse any payments already made or suggest an alternative product and, with the customer's consent, add it to the order.
§ 6 RIGHT OF WITHDRAWAL
RIGHT OF WITHDRAWAL
RIGHT OF WITHDRAWAL
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods. In order to exercise your right of revocation, you must inform us (Weingut Friderichs, Moselweinstr. 46, 56820 Senheim, phone:+49 (0) 2673/4320, email:email@example.com) by means of a clear declaration (e.g. . a letter sent by post or email) of your decision to withdraw from this contract. You can use the sample withdrawal form attached below, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent back the goods, whichever is earlier. You have the goods to us immediately and in any case no later than fourteen days from the date on which you inform us of the cancellation of this contract
to be returned or handed over. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods. In our business, this means that bottles that have already been opened cannot be withdrawn.
END OF REVOCATION
§ 7 RETENTION OF TITLE
(1) The delivered goods remain our property until they have been paid for in full.
(2) Access by third parties to the reserved goods must be reported to us by the customer immediately upon becoming known.
§ 8 Descriptions of goods, wine vintage information
There is a possibility that the wines shown on Weingut-Friderichs.myshopify.com do not always correspond to the vintages currently available. For the rare scenario that a vintage is not up to date or sold out, we hereby expressly reserve the right to deliver the respective subsequent year, provided there is no price change. If you do not want this procedure, please note this in the field for separate comments on the order form.
§ 9 RIGHTS OF DEFECTS
(1) All claims for defects with regard to our product groups according to § 437ff BGB expire in 2 years from delivery.
(2) Since the quality of the wine can be quickly influenced by external factors - such as improper storage - we only accept complaints from our customers within the deadlines of our cancellation policy (§ 6). Defects in part of the delivery cannot lead to complaints about the entire delivery. weingut-friderichs.myshopify.com has the option of either a replacement delivery or a repair. Liability for consequential damage caused by defects is excluded, unless weingut-friderichs.myshopify.com is guilty of willful intent or gross negligence (see § 9).
§ 10 LIABILITY FOR DAMAGES
For our liability for damages, the following exclusions and limitations of liability apply irrespective of the other statutory entitlement requirements.
(1) We are liable if we are guilty of willful intent or gross negligence. We are only liable for simple negligence in the event of a breach of an obligation, the fulfillment of which enables the proper execution of the contract in the first place and which the contractual partner can regularly rely on compliance (so-called cardinal obligation). In addition, liability for damages of any kind, regardless of the basis for the claim, including liability for negligence when the contract is concluded, is excluded.
(2) If we are acc. Paragraph 1 for simple negligence, our liability is limited to the damage that we typically had to expect based on the circumstances known when the contract was concluded.
(3) The above exclusions of liability and limitations do not apply if we have assumed a guarantee for the quality of the goods, nor for damage to be compensated under the Product Liability Act, nor for damage to life, body or health, nor for legal claims.
(4) The above exclusions of liability and limitations also apply in favor of our employees, vicarious agents and other third parties whom we use to fulfill the contract.
§ 11 Protection of minors
We do not sell alcohol to people who have not reached the legal minimum age for the respective alcoholic product. For the spirits we offer, buyers must be 18 years of age or older. In cases of suspicion, we reserve the right to request identification.
§ 12 business customers
Our terms and conditions also apply to business customers, albeit in a partially modified form. The main changes are:
- § 4 remains unchanged, but business customers have to pay default interest of 9% pa above the ECB key interest rate.
- There are no consumer protection regulations for business customers. This includes in particular the right of withdrawal mentioned under Section 6.
§13 Alternative Dispute Resolution
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr .
SAMPLE WITHDRAWAL FORM
(If you want to cancel the contract, please fill out this form and send it back.)
- To [the name, address and, if applicable, fax number and e-mail address of the entrepreneur must be inserted by the entrepreneur]:
- 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 this is notified on paper)
(*) Delete as appropriate.