top of page

General conditions of sale

scope

These terms and conditions apply to all purchases made exclusively by private customers at Der Weinladen [ Link to "Imprint "].

Private customers in this sense are people with a place of residence and a delivery address in the Federal Republic of Germany, insofar as the goods they have ordered cannot be attributed to their commercial or independent professional activity.

Business customers are asked to place orders by email to derweinladen.bergerstrasse@gmail.com. These orders must be negotiated with management in a separate contractual form.

 

conclusion of contract

The presentation of our goods and the granting of the opportunity to place an order represent a concrete offer on our part to conclude a sales contract.

By placing your order, you accept the offer and the purchase contract is concluded.

You will receive an order confirmation via e-mail to the e-mail address you provided.

 

prices and shipping costs

The prices shown are final prices including VAT. The amount that is shown at the time of the binding order applies. In addition, there are no shipping costs, since the goods are only made available for collection.

 

payment

Payment is made upon delivery by

       - Payment upon collection in cash

 

late payment

If you are in default of payment, Der Weinladen is entitled to demand interest on arrears at a rate of 5 percentage points above the base interest rate pa announced by the Deutsche Bundesbank for the time of the order. If Der Weinladen has demonstrably incurred a higher damage caused by delay, Der Weinladen is entitled to assert this.

 

right of retention

The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

 

delivery

(1) The delivery of the goods is not offered.

(2) The goods are only made available for collection.

 

 

 

retention of title

The delivered goods remain the property of Der Weinladen until all claims against the customer arising from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant any use of the goods to third parties.

 

defect rights

(1) A product that was already defective upon delivery (warranty case) will be replaced by Der Weinladen with a defect-free product at the customer's option and at Der Weinladen's expense. (subsequent performance). The customer is informed that there is no warranty case if the product had the agreed quality at the time of the transfer of risk. A warranty case does not exist in the following cases in particular:

a)  in the event of damage caused by misuse or improper use by the customer,

b)  in the event of damage caused by the products being exposed to harmful external influences (in particular extreme temperatures, humidity, unusual physical stress, voltage fluctuations, lightning strikes, static electricity, fire).

(2) If the type of supplementary performance requested by the customer (replacement delivery) requires an effort that is grossly disproportionate to the customer's performance interest in view of the product price, taking into account the content of the contract and the requirements of good faith - with the value of the object of purchase in particular in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance can be used without significant disadvantages for the customer - the customer's claim is limited to the other type of subsequent performance. Der Weinladen's right to refuse this other type of supplementary performance under the aforementioned condition remains unaffected. 

(3) In the event of a replacement delivery, the customer is obliged to send the product to the return address specified by Der Weinladen at the expense of Der Weinladen, stating the order number. Before sending in the customer has to remove objects inserted by him from the product. The wine shop is under no obligation to inspect the product for the incorporation of such items. Der Weinladen is not liable for the loss of such items, unless Der Weinladen was able to identify without further ado that such an item had been inserted into the product when the product was taken back (in this case Der Weinladen will inform the customer and keep the item ready for the customer to pick up; the customer bears the costs incurred).

(4) If the customer sends the goods in to get a replacement product, the return of the defective product is based on the following stipulation: If the customer was able to use the goods between delivery and return in a defect-free condition, this has the value of the goods drawn from him reimburse uses. The customer must pay compensation for loss or further deterioration of the goods that was not caused by the defect and for the impossibility of handing over the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay any compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to compensate for the value does not apply to the return of a defective product in a warranty case,

a)  if the defect that entitles you to withdraw only became apparent during processing or transformation,

b)  if the wine shop is responsible for the deterioration or the loss or the damage would have occurred at the wine shop,

c)  if the deterioration or loss has occurred at the customer's premises, although he has observed the care that he uses in his own affairs.

(5) The customer's obligation to pay damages in the event of a breach of the obligation to return the goods for which the customer is responsible is based on the statutory provisions.

(6) The customer can choose to withdraw from the contract or reduce the purchase price if the repair or replacement delivery does not lead to a contractual condition of the product within a reasonable period of time. 

(7) In addition, there may also be claims against the manufacturer within the framework of a guarantee granted by the manufacturer, which are based on the corresponding guarantee conditions. 

(8) The statutory warranty from Der Weinladen ends 3 weeks after delivery of the goods. The deadline starts once goods are received.

 

liability

(1) In the event of slight negligence, Der Weinladen is only liable in the event of a breach of essential contractual obligations and is limited to the foreseeable damage. This limitation does not apply to injury to life, limb or health. Der Weinladen is not liable for other damage caused by slight negligence due to a defect in the purchased item.

(2) Irrespective of whether Der Weinladen is at fault, liability of Der Weinladen in the event of fraudulent concealment of the defect or the assumption of a guarantee shall remain unaffected. The manufacturer's guarantee is a guarantee from the manufacturer and does not represent the acceptance of a guarantee by Der Weinladen.

(3) The wine shop is also responsible for the accidental impossibility of delivery that occurs during the delay, unless the damage would have occurred even if the delivery had been made on time.

(4) The personal liability of the legal representatives, vicarious agents and employees of Der Weinladen for damage caused by them through slight negligence is excluded.

 

Applicable Law

The contract concluded between you and Der Weinladen is exclusively subject to the law of the Federal Republic of Germany, with the express exclusion of the UN Sales Convention. This does not affect the mandatory provisions of the state in which you have your habitual residence.

 

place of jurisdiction

If, contrary to the information you provided when ordering, you do not have a place of residence in the Federal Republic of Germany or move your place of residence abroad after conclusion of the contract or your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is [seat of the operator of the online shop] .

 

protection of minors

If goods are purchased that are subject to the protection of minors, appropriate measures will be taken to verify the age of the buyer in order to verify their identity and age. The goods will only be handed over if the customer can prove that they are of legal age.

 

dispute resolution

General information requirements for alternative dispute resolution in accordance with Art. 14 Para. 1 ODR-VO and Section 36 VSBG (Consumer Dispute Settlement Act):

The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

Final Provisions

(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the rest of the contract, insofar as a contractual partner is not unreasonably disadvantaged as a result.

(2) Changes or additions to this contract must be made in writing.

bottom of page