General terms and conditions of business
1. Preambl
1.1.The following Terms and Conditions govern the contractual relationship between us,
Dominikaner Weingut C. von Nell-Breuning
Owner: Dr. Carmen von Nell-Breuning
Bahnhofstraße 37
54317 Kasel
and our customers.
We are available at the following contact details:
Tel: +49 651/ 5180
Fax: +49 651/ 53701
E-Mail: info@weingut-von-nell.de
1.2. The contract language is German.
2. Definitions
2.1. For the purposes of these Terms and Conditions, the term “merchant” shall mean any person who operates a commercial enterprise, or any person whose business has been entered in the commercial register.
2.2. a “commercial enterprise” shall mean any business operation, unless, by reason of its nature or scope, the business does not require a commercially organized operation of business.
2.3. an “entrepreneur” shall mean a natural person, legal entity, or legally capable partnership which, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.
2.4. a “consumer” shall mean any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business, or independent professional activity.
2.5. a “distance contract” shall mean a contract for the supply of goods or the provision of services concluded between an entrepreneur and a consumer exclusively through the use of means of distance communication, unless the contract is not concluded within the framework of a distribution or service system organized for distance sales.
2.6. “means of distance communication” shall mean any means of communication that can be used for the initiation or conclusion of a contract between a consumer and an entrepreneur without the simultaneous physical presence of the contracting parties, including but not limited to letters, catalogues, telephone calls, facsimiles, emails, as well as broadcasting, telemedia, and online services.
2.7. the “contract text” shall mean the product description as presented on our website together with the content of the online order. The order confirmation sent by us via the online portal does not itself constitute the contract text, but merely confirms receipt of the order.
2.8. “text form” shall mean a legible declaration in which the person making the declaration is named and which is provided on a durable medium.
2.9. a “durable medium” shall mean any medium that enables the recipient to store or retain a declaration addressed personally to them in such a way that it remains accessible for a period of time adequate for its purpose, and which permits the unchanged reproduction of the declaration.
2.10. “business premises” shall mean immovable commercial premises in which the entrepreneur permanently carries out his activity, and movable commercial premises in which the entrepreneur usually carries out his activity. Commercial premises in which a person acting in the name or on behalf of the entrepreneur permanently or usually carries out their activity shall be deemed equivalent to the entrepreneur’s own premises.
3. Contracting Parties / Contractual Penalty for Misrepresentation of Customer Eligibility
3.1. Customers shall be accepted only if they are legal entities, partnerships, or natural persons with full legal capacity.
3.2. To the extent that minors are also accepted as contracting parties, they shall be excluded from contracts concerning spirits, spirit-based beverages, or foodstuffs containing more than a negligible amount of spirits. Contracts for other alcoholic beverages shall in no case be concluded with children or adolescents under the age of 16. We reserve the right to verify the age of the contracting party by appropriate evidence and verification procedures. We therefore also reserve the right to request a copy of an 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. In the event of a misrepresentation of customer eligibility, no contract shall be concluded. Instead, the parties agree on a contractual penalty in the amount of 5% of the contract price that the non-eligible customer would have had to pay. The customer retains the right to prove that no damage has occurred at all, or that the damage is substantially lower than the agreed lump sum.
4. Applicability of these Terms and Conditions
4.1. These Terms and Conditions shall apply exclusively to all contracts, deliveries, and other services.
4.2. We do not recognize any terms and conditions that conflict with or deviate from these Terms and Conditions.
4.3. Insofar as the customer is a merchant, these Terms and Conditions shall also apply to all future business relationships, even if they are not expressly agreed again.
4.4. We shall be entitled at any time to amend or supplement these Terms and Conditions. Customers shall have the right to object to such amendments. If no objection is made in text form within four weeks of receipt of the amendment notice, the amendments shall become effective accordingly. At the beginning of the period, customers shall be informed in text form that the amendment notice will be deemed accepted unless an objection is made within four weeks.
5. Amendment Clause
5.1. We reserve the right to modify or deviate from the promised performance, provided that such modification or deviation is reasonable for the customer, taking our interests into account. A modification or deviation shall be deemed reasonable if the customer is neither placed at a disadvantage nor given an undue advantage, or if the performance does not materially differ. This may be the case, for example, if the ordered vintage is no longer available and the subsequent vintage does not differ materially in terms of quality and price.
6. Right of Withdrawal
6.1.
Consumers shall have the right, in the case of a distance contract or a contract concluded outside of business premises, to withdraw from this contract within fourteen days (one month in the case of eBay and Amazon) without giving any reason.
The withdrawal period shall be fourteen days (one month in the case of eBay and Amazon) from the day on which the consumer or a third party designated by the consumer, who is not the carrier, has taken possession of the goods in the case of a purchase contract; in the case of a contract for several goods ordered by the consumer in a single order and delivered separately, from the day on which the consumer or a third party designated by the consumer has taken possession of the last of the goods; or in the case of a contract for the delivery of goods in several partial consignments or pieces, from the day on which the consumer or a third party designated by the consumer has taken possession of the last partial consignment or the last piece.
To exercise the right of withdrawal, consumers must notify us, represented by
Dr. Carmen von Nell-Breuning
Bahnhofstraße 37
54317 Kasel
Telefon: +49 651 5180
Telefax: +49 651 53701
E-Mail: info@weingut-von-nell.de
by means of a clear declaration (e.g. a letter sent by post, fax, or email) informing us of their decision to withdraw from this contract. Consumers may use the attached model withdrawal form for this purpose, but its use is not mandatory. To comply with the withdrawal period, it is sufficient for consumers to send the notification of the exercise of the right of withdrawal before the withdrawal period has expired.
6.2.
Consequences of Withdrawal
If consumers withdraw from this contract, we shall reimburse them for all payments we have received from them, including delivery costs (with the exception of additional costs arising from the fact that consumers have chosen a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received notification of their withdrawal from this contract.
For this repayment, we shall use the same means of payment that the consumers used in the original transaction, unless expressly agreed otherwise with them; in no case shall consumers be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back, or until consumers have supplied proof that they have sent back the goods, whichever is the earlier.
Consumers shall return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which they informed us of the withdrawal from this contract. The deadline is met if the goods are sent back before the expiry of the fourteen-day period.
Consumers shall bear the direct costs of returning the goods. For goods that cannot be returned by parcel post, these costs are estimated at a maximum of approximately EUR 150.00.
Consumers shall only be liable for any diminished value of the goods if this loss in value results from handling the goods in a manner other than what is necessary to establish the nature, characteristics, and functioning of the goods.
7. Conclusion of the Contract / Retention of the Contract Text and these Terms and Conditions
7.1. in our online shop
7.1.1. The presentation of products in our online shop does not constitute a binding offer, but rather a non-binding invitation to customers to submit an offer.
7.1.2. Customers submit a binding offer by completing our ordering process and clicking on the “Order with obligation to pay” button at the end.
7.1.3. We may accept the customer’s offer within five days, at our discretion, either by sending an order confirmation or by delivering the goods.
7.1.4. The contract text and these Terms and Conditions shall be stored and transmitted to consumers by email.
7.2. for contracts not concluded outside of business premises within the meaning of Section 312b of the German Civil Code (BGB)
7.2.1. The presentation of products constitutes a non-binding invitation to customers to submit an offer (order or purchase request).
7.2.2. Customers may submit an offer orally, in writing, in text form, or by conclusive conduct.
7.2.3. We may accept the offer either orally, by order or booking confirmation in writing or text form, or by delivery.
8. Liability
8.1. We exclude liability for breaches of duty caused by slight negligence, provided that no damages resulting from injury to life, body, or health, no claims under the Product Liability Act, and no guarantees are affected. Liability shall furthermore remain unaffected for the breach of obligations the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer may regularly rely (cardinal obligations).
8.2. In the case of property and financial damages caused by negligence, we shall be liable only for the breach of an essential contractual obligation, and such liability shall be limited in amount to the damages foreseeable and typical for the contract at the time of its conclusion.
8.3. The same shall apply to breaches of duty by our vicarious agents.
9. Set-off Prohibition
The entrepreneur shall not be entitled to set off its own claims against our payment claims, unless such claims arise from the same contractual relationship, or are undisputed or have been finally adjudicated.
10. Right of Retention
The entrepreneur shall be entitled to exercise a right of retention only to the extent that its counterclaim is based on the same contractual relationship.
11.Severability Clause (Partial Invalidity)
Should any provision of these Terms and Conditions be invalid, the validity of the remaining provisions shall not be affected.
12. Notice on the Take-Back of Packaging
We are affiliated with the Dual System Zentek GmbH & Co. KG. Our customer number is: 5808575
13. Out-of-Court Dispute Resolution
13.1 In the event of disputes arising from online purchase contracts or online service contracts, the Online Dispute Resolution (ODR) platform provided by the European Union may be used to resolve such disputes, provided that it is actually made available by the European Union. The platform can be accessed at: http://ec.europa.eu/consumers/odr/
13.2. Wir sind nicht verpflichtet, an anderen außergerichtlichen Schlichtungsmöglichkeiten vor einer Verbraucherschlichtungsstelle teilzunehmen, und nehmen daran auch nicht teil.
14. Governing Law, Jurisdiction, and Ancillary Agreements
14.1. This contract, including these Terms and Conditions, shall be governed by the substantive law of the Federal Republic of Germany. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980 shall not apply. This choice of law shall not apply if, as a result, the consumer is deprived of mandatory provisions of the law of the state in which they have their habitual residence.
14.2 In the event of legal disputes, the place of jurisdiction shall be our registered office if
14.2.1 the customer is a merchant; or
14.2.2 the customer has no general place of jurisdiction within the territory of the Federal Republic of Germany.
14.2.3 if the customer is a legal entity under public law. We shall also be entitled to bring an action at any other statutory place of jurisdiction.
14.3 No ancillary agreements have been made.
I. Special Section: Purchase Contracts
1. Delivery Conditions / Shipping Costs
1.1 We deliver exclusively within Germany, excluding the islands.
1.2 Delivery dates specified by the customer in the order shall only be valid if confirmed by us.
1.3 The delivery period begins, in the case of advance payment, on the day after the payment order has been received by the transferring credit institution, or in the case of other payment methods, on the day after the conclusion of the contract, and ends upon 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 officially recognized at the place of delivery, the next working day shall take its place.
1.4 Delivery shall be made no later than 5 days after the commencement of the delivery period.
1.5 Packaging and shipping costs shall be invoiced separately and shown separately. The exact costs are set out in the product description. Unless otherwise stated, the shipping costs are as follows: for orders up to 36 bottles, EUR 9.00; for orders of 36 bottles or more, or for orders with a value of EUR 280 or more, shipping is free of charge.
2. Duty to Inspect and Give Notice of Defects
2.1 If the purchase is a commercial transaction for both contracting parties, the buyer shall examine the goods without undue delay after delivery by the seller, insofar as this is feasible in the ordinary course of business, and shall notify the seller without undue delay if a defect is discovered.
2.2 If the buyer fails to provide such notice, the goods shall be deemed approved, unless the defect was not recognizable during the inspection.
2.3 If such a defect becomes apparent at a later date, notice must be given without undue delay after its discovery; otherwise, the goods shall also be deemed approved with respect to this defect.
2.4 If we have fraudulently concealed the defect, we cannot rely on these provisions.
3. Liability for Defects / Limitation Period
3.1 In principle, the statutory warranty rights for defects shall apply, unless otherwise provided.
3.2 If the delivered item does not have the quality agreed between the customer and us, or if it is not suitable for the use assumed under the contract, or if it is not suitable for ordinary use and does not have the quality that is customary in goods of the same type and that the customer can expect given the nature of the goods, or if it does not have the qualities that the customer could expect from our public statements, we shall be obliged to provide subsequent performance.
3.3 Subsequent performance shall, in the case of entrepreneurs, be at our discretion either by remedying the defect (rectification) or by delivering new goods; in the case of consumers, at their discretion.
3.4 Without prejudice to Sections 275 (2) and (3) BGB, we may refuse subsequent performance if it is possible only at disproportionate cost.
3.5 Customers may assert claims for damages due to a defect only if subsequent performance has failed. Their right to assert further claims for damages in accordance with the section “Liability” below remains unaffected.
3.6 For consumers, the limitation period for new goods shall be two years from delivery to the customer; for used goods, one year from delivery. This shall not apply to claims for damages or reimbursement of expenses due to defects in accordance with the section “Liability” below.
3.7 For entrepreneurs, the limitation period for new goods shall be one year from the transfer of risk; for used goods, liability for defects shall be excluded. This shall not apply to claims for damages or reimbursement of expenses due to defects in accordance with the section “Liability” below. The limitation period shall also remain unaffected in the event of a supplier’s recourse pursuant to Sections 478 and 479 BGB; in such cases it shall be five years from delivery of the defective item.
3.8 Please note: the crystallization of tartar is a completely natural phenomenon.
4. Terms of Payment
4.1 Unless otherwise agreed, we accept the following methods of payment:
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Instant bank transfer
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Credit card
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Cash payment upon collection
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Invoice
4.2 Unless otherwise agreed, our invoices shall be payable without deduction no later than 14 days after receipt of the goods.
5. Retention of Title
5.1 The goods shall remain our property until full payment of the contractual item has been made.
5.2 In the case of merchants, the goods shall remain our property until full payment of all claims arising from the business relationship has been made. We undertake to release the securities to which we are entitled, upon the customer’s request, insofar as the realizable value of our securities exceeds the claims to be secured by more than 20%; the selection of the securities to be released shall be at our discretion.
5.3 Customers shall be entitled to resell goods subject to retention of title. The customer hereby assigns to us, in advance, all claims arising from the resale of the goods delivered under retention of title in the amount of the final invoice value (including VAT) of our claims, together with all ancillary rights, with priority over his other claims, which accrue to him against the purchaser or third parties. This shall apply irrespective of whether the delivered goods have been resold without or after processing, mixing, or combining. We hereby accept such assignment. After the assignment, the customer shall remain entitled to collect the claim, notwithstanding our own authority to collect. However, we undertake not to collect the claim ourselves as long as the customer duly meets his payment obligations and does not fall into arrears, and in particular, no application for the opening of insolvency or composition proceedings has been filed against his assets. Should this occur, we may require the customer to disclose to us the assigned claims and their debtors, provide all documents necessary for collection, and notify the debtors or third parties of the assignment.
5.4 The processing of goods subject to retention of title or goods held as security property by the customer shall always be carried out in our name and on our behalf, without giving rise to any obligations on our part. If processing is carried out with items not belonging to the customer, we shall acquire co-ownership of the new item in proportion to the value of the goods delivered by us (final invoice amount plus VAT) to the other processed items at the time of processing. For the item resulting from such processing, the same shall otherwise apply as for the goods delivered under retention of title. This shall also apply if the customer acquires sole ownership as a result of the activities referred to in sentence 2. Storage for us shall be free of charge. If the goods are inseparably mixed with other movable items not belonging to us, we shall acquire co-ownership of the new item in proportion to the value of the goods delivered by us (final invoice amount plus VAT) to the other mixed items at the time of mixing. If the mixing takes place in such a way that the customer’s item is to be regarded as the principal item, it is agreed that the customer shall transfer proportionate co-ownership to us. The customer shall store the sole ownership or co-ownership thus created on our behalf free of charge.
6. Withdrawal Form
To
Dominikaner Weingut C. von Nell-Breuning
Dr Carmen von Nell-Breuning
Bahnhofstrasse 37
54317 Kasel
Telefax: +49 651/53701
E-Mail: info@weingut-von-nell.de
I/we hereby withdraw from the contract concluded by me/us for the purchase of the following goods:
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
Ordered on / received on:
____________________________
Name of consumer(s):
____________________________
Address of consumer(s):
____________________________
Signature of consumer(s):
____________________________
Date:
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