I General Part
- preamble
1.1. The following terms and conditions regulate the contractual relationships between us, the commercially acting Weingut Karthäuserhof KG represented by Christoph Horbach, Karthäuserhof 1, 54292 Trier and customers. We can be reached using the following contact details:
Tel: +49 651 5121
Fax: +49 651 53557
Email: mail @karthaeuserhof .com
1.2. The contract language is German.
- definitions
2.1 A merchant is either someone who operates a commercial business or someone who has the name of his company registered in the commercial register.
2.2 A commercial enterprise is any business enterprise, unless the nature or scope of the enterprise does not require a commercially organised business operation.
2.3 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.
2.4 A consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to his or her commercial nor to his or her independent professional activity.
2.5. Distance contract within the meaning of these General Terms and Conditions is a contract for the delivery of goods or the provision of services concluded between an entrepreneur and a consumer using exclusively means of distance communication, unless the conclusion of the contract does not take place within the framework of a sales or service system organized for distance selling.
2.6. Distance communication means means of communication that can be used to initiate or conclude a contract between a consumer and an entrepreneur without the simultaneous physical presence of the contracting parties, in particular letters, catalogues, telephone calls, telecopies, e-mails as well as radio, television and media services.
2.7. The contract text within the meaning of these terms and conditions is the product description resulting from our internet presentation and the content of the online order. The order confirmation sent by us in the internet portal is not itself the contract text, but only confirms receipt of the order.
2.8 Text form means a legible declaration in which the person making the declaration is named and which has been made on a durable medium.
2.9 A durable medium is any medium that enables the recipient to keep or store a declaration addressed to him personally in such a way that it is accessible to him for a period of time appropriate to its purpose and is suitable for reproducing the declaration unchanged.
2.10. Business premises are immovable commercial premises in which the entrepreneur carries out his activity on a permanent basis and movable commercial premises in which the entrepreneur usually carries out his activity. Commercial premises in which the person acting in the name or on behalf of the entrepreneur carries out his activity on a permanent or regular basis are equivalent to the entrepreneur's premises.
- Contracting parties/Contractual penalty for feigning customer suitability
3.1 Legal entities, partnerships and natural persons with unlimited legal capacity are accepted as customers.
3.2. If minors are accepted as contractual partners, they will be excluded as contractual partners in the case of contracts for spirits, drinks containing spirits or foodstuffs that contain more than a small amount of spirits. Contracts for other alcoholic drinks will not be concluded with children or young people under the age of 16 in any case. We reserve the right to verify the age of the contractual partner using suitable evidence and verification procedures. We therefore also reserve the right to request a copy of the identity card.
3.3. The customer is obliged to provide truthful information when placing an order and not to disclose passwords to third parties.
3.4. If a customer pretends to be suitable, no contract is concluded. Instead, the parties agree on a contractual penalty of 5% of the contract price that the unauthorized customer would have had to pay. The customer is free to provide evidence that no damage was incurred or that the damage was significantly lower than the flat rate.
- validity of these Terms and Conditions
4.1 These Terms and Conditions apply exclusively to all contracts, deliveries and other services.
4.2 We do not recognize any conflicting or deviating conditions.
4.3. To the extent that the customer is a merchant, they also apply to all future business relationships, even if they are not expressly agreed again.
4.4. We are entitled to change or add to these terms and conditions at any time. Customers have the right to object to such changes. If the objection is not made in writing within four weeks of receipt of the notification of changes, the changes will become effective in accordance with the changes. Customers will be informed in writing at the start of the period that the notification of changes will be deemed accepted if no objection is made within four weeks.
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subject to change
5.1. We reserve the right to change the promised services or to deviate from them if the change or deviation is reasonable for the customer, taking into account our interests. The change or deviation is reasonable if the customer is not worse off or better off or if the service is not significantly different. This can be the case if the vintage ordered is no longer available and the following vintage does not differ more than insignificantly in terms of quality and price. -
cancellation policy
6.1 Right of withdrawal In the case of a distance selling contract or contracts concluded away from business premises, consumers have the right to withdraw from this contract within fourteen days (one month for eBay and Amazon) without giving any reason. The withdrawal period shall be fourteen days (one month for eBay and Amazon) from the day on which the consumer or a third party designated by them, who is not the carrier, takes possession of the goods in the case of a sales contract, the last goods in the case of a contract for several goods that the consumer has ordered as part of a single order and which are delivered separately, the last partial delivery or the last piece in the case of a contract for the delivery of goods in several partial deliveries or pieces.
To exercise their right of withdrawal, consumers must contact us Weingut Karthäuserhof KG represented by
Benedikt Belger
Karthäuserhof 1
54292 Trier
Phone: +49 651 5121
Fax: +49 651 53557
Email: mail @karthaeuserhof .com
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of their decision to withdraw from this contract. Consumers can use the attached withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that consumers send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
6.2. Consequences of cancellation If consumers cancel this contract, we will refund all payments that we have received from them, including delivery costs (with the exception of additional costs resulting from consumers choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of their cancellation of this contract.
For this repayment, we will use the same means of payment that consumers used for the original transaction, unless something else was expressly agreed with them; under no circumstances will consumers be charged any fees for this repayment.
We may refuse repayment until we have received the goods back or until consumers have provided evidence that they have returned the goods, whichever is the earlier.
Consumers must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which they notify us that they have cancelled this contract. This deadline is met if consumers send the goods before the expiry of the fourteen-day period.
Consumers bear the direct cost of returning the goods. The costs are estimated at a maximum of EUR 150.00 for goods that cannot be sent by parcel. Consumers only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary to check their quality, properties and functioning.
- Conclusion of contract/storage of the contract text and the general terms and conditions
7.1. in our online shop
7.1.1. The advertising of products in the online shop represents a non-binding and subject to change invitation to our customers to submit an offer.
7.1.2. Customers submit an offer by completing our ordering process and clicking on the link "Order with payment" at the end.
7.1.3 We may accept the customer’s offer within 5 days at our discretion either by confirming the order or by delivering the goods.
7.1.4. The contract text and these General Terms and Conditions are saved and sent to consumers by email.
7.2. in the case of contracts concluded outside business premises not within the meaning of Section 312 b BGB
7.2.1. The advertising of the products represents a non-binding and non-binding invitation to submit an offer (order or purchase order) by the customer.
7.2.2 Customers may submit an offer verbally, in writing, in text form or by conclusive conduct.
7.2.3 We can accept the offer either verbally or by order or booking confirmation in written or text form or by delivery.
- Liability
8.1 We exclude our liability for slightly negligent breaches of duty, unless damages resulting from injury to life, body or health or claims under the Product Liability Act or guarantees are affected.
Furthermore, liability for the breach of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely (essential contractual obligations), remains unaffected.
8.2. In the case of negligently caused material damage and financial loss, we shall only be liable in the event of a breach of a material contractual obligation, but the amount shall be limited to the damage that was foreseeable at the time the contract was concluded and typical for the contract.
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prohibition of set-off
The entrepreneur is not entitled to offset his own claims against our payment claims unless the claims are based on the same contractual relationship or they are undisputed or legally established. -
right of retention
The entrepreneur is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship. -
Severability Clause (Partial Invalidity)
Should any of the provisions be invalid, the validity of the remaining provisions shall remain unaffected. -
Note on the return of packaging
We are affiliated with the Zentek dual system. Our customer number is: 5810379 -
Out-of-court arbitration options
13.1. In the event of disputes arising from online sales contracts or online service contracts, an OS platform provided by the European Union can be used to settle these disputes, provided that it is actually made available by the European Union. The platform should be accessible here : http://ec.europa.eu/consumers/odr/
Our email address is: mail @karthaeuserhof .com
13.2 We are not obliged to participate in other out-of-court dispute resolution options before a consumer arbitration board and do not participate in such options.
- Applicable law, place of jurisdiction and ancillary agreements
14.1. The contract, including these General Terms and Conditions, is subject to the substantive law of the Federal Republic of Germany. The provisions of the Vienna UN Convention of April 11, 1980 on contracts for the international sale of goods (CISG, UN Sales Law) do not apply. This choice of law does not apply if the consumer is thereby deprived of mandatory provisions of the law of the state in which he has his habitual residence.
14.2. In the event of legal disputes, our registered office shall be the place of jurisdiction if
14.2.1. the customer is a merchant or
14.2.2 the customer does not have a general place of jurisdiction in the territory of the Federal Republic of Germany or
14.2.3. the customer is a legal entity under public law.
We are also entitled to sue at any other legally provided place of jurisdiction.
14.3. No subsidiary agreements have been made.
II Special Part: Purchase Contracts
- delivery conditions/shipping costs
1.1. We only deliver within Germany, excluding the islands.
1.2 Delivery dates specified by the customer in his order require our confirmation to be valid.
1.3. In the case of advance payment, the delivery period begins on the day after receipt of the payment order to the transferring bank or, in the case of other payment methods, on the day after conclusion of the contract and ends with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day takes the place of such a day.
1.4. Delivery will take place no later than 4 days after the start of the delivery period.
1.5. Packaging and shipping costs will be invoiced and shown separately. The exact costs can be found in the product description. Unless otherwise stated, shipping costs are: For an order quantity of:
- 1 to 11 bottles: 7.50 euros, including VAT.
- Shipping is free for orders of 12 bottles or more.
- obligation to give notice of defects
2.1 If the purchase is a commercial transaction for both contracting parties, the buyer must inspect the goods immediately after delivery by the seller, insofar as this is feasible in the normal course of business, and, if a defect is discovered, notify the seller immediately.
2.2 If the Buyer fails to give notice, the goods shall be deemed to have been approved, unless the defect was not apparent during the inspection.
2.3. If such a defect becomes apparent later, notification must be made immediately after discovery; otherwise the goods shall be deemed to have been approved even with regard to this defect.
2.4 If we have fraudulently concealed the defect, we cannot rely on these provisions.
- liability for defects/limitation period
3.1 There is generally a statutory liability for defects, unless otherwise specified.
3.2. If the delivered item does not have the quality agreed between the customer and us, or it is not suitable for the use stipulated in our contract, or it is not suitable for normal use and has a quality that is usual for items of the same type and that the customer can expect based on the type of item, or it does not have the properties that he could expect based on our public statements, we are obliged to provide subsequent performance.
3.3. Subsequent performance shall be carried out for entrepreneurs at our discretion by eliminating the defect (repair) or by delivering new goods, and for consumers at his discretion.
3.4. We may refuse subsequent performance, without prejudice to Section 275 Paragraphs 2 and 3 of the German Civil Code (BGB), if it is only possible at disproportionate costs.
3.5. Customers can only assert claims for damages due to a defect if subsequent performance has failed. Their right to assert further claims for damages in accordance with the following section "Liability" remains unaffected.
3.6. For consumers, the limitation period for new goods is two years from delivery to the customer, and for used goods one year from delivery. This does not apply to claims for damages and reimbursement of expenses due to defects in accordance with the following section "Liability".
3.7. For entrepreneurs, the limitation period for new goods is one year from the transfer of risk; for used goods, liability for defects is excluded. This does not apply to claims for damages and reimbursement of expenses due to defects in accordance with the following section "Liability". The limitation period also remains unaffected in the case of delivery recourse in accordance with Sections 478 and 479 of the German Civil Code (BGB); it is five years from delivery of the defective item.
3.8. Please note: The crystallization of tartar is a completely natural phenomenon.
- payment terms
4.1 Unless otherwise agreed, we accept the following payment methods:
- advance payment
- credit card
- PayPal
- Cash on pickup
- The invoice
4.2 Unless otherwise agreed, our invoices are payable without deduction no later than 10 days after receipt of the goods.
- retention of title
5.1 The contractual item remains our property until it has been paid for in full.
5.2. In the case of merchants, the goods remain our property until all claims arising from the business relationship have been paid in full. We undertake to release the securities to which we are entitled at the customer's request to the extent that the realised value of our securities exceeds the claims to be secured by more than 20%; the selection of the securities to be released is at our discretion.
5.3. Customers are entitled to resell goods subject to retention of title. The customer hereby assigns all claims from the resale of the delivered reserved goods in the amount of the final invoice amount (including VAT) of our claims including all ancillary rights with priority over his other claims arising from the resale to the buyer or third parties. This applies regardless of whether the delivered goods were resold without or after processing or mixing or blending. We accept the assignments. After the assignment, the customer is entitled to collect the claim regardless of our own authority. However, we undertake not to collect the claim ourselves as long as the customer properly meets his payment obligations and does not fall into arrears and, in particular, no application has been made to open insolvency or composition proceedings against his assets. However, if this is the case, we can demand that the customer inform us of the assigned claims and their debtors, as well as hand over all documents required for collection and inform the debtors or third parties of the assignment.
5.4. The processing and working of the reserved goods or the goods that are our security interest by the customer is always carried out in our name and on our behalf, without any liabilities arising for us. If processing is carried out using items that do not belong to the customer, we acquire joint ownership of the new item in proportion to the value of the goods delivered by us (invoice - final amount plus sales tax) to the other processed items at the time of processing. In all other respects, the same applies to the item created through processing as to the purchased item delivered subject to retention of title.