Conditions
TERMS AND CONDITIONS (GTC
CONTENTS:
- scope
- Conclusion of contract
- Right of withdrawal
- Prices and shipping costs
- Delivery
- payment
- Retention of title
- Dispute resolution
- Liability for damages
- Warranty rights
- Contractual partner
- Address
- formulation
- Bottle illustration
- Youth protection
- Consumer arbitration
- “Sample Cancellation Form”
GENERAL TERMS AND CONDITIONS OF BUSINESS
1) SCOPE
These general terms and conditions apply to orders for goods from the Florian Kraus & Markus Preuß Weinschmeckeria GbR range (hereinafter referred to as “Weinschmeckeria”). A consumer is any natural person who concludes a legal transaction for a purpose that cannot predominantly be attributed to either their commercial or independent professional activity.
2) CONCLUSION OF CONTRACT
The presentation of the products in the online shop does not constitute a legally binding offer, but rather only an invitation to order.
By clicking on the “Add to shopping cart” button, the customer can place the respective goods in the virtual shopping cart. This process is non-binding and does not constitute a contract offer.
By clicking the “buy” or “order for a fee” button, you place a binding order for the goods listed on the order page.
Confirmation of receipt of the order follows immediately after sending the order and does not constitute acceptance of the contract. We declare our acceptance of the contract to the customer expressly or by delivering the goods or by requesting payment - whichever comes first - by the end of the fourth working day, which follows the order.
If, after conclusion of the contract, we discover that we are permanently unable to deliver ordered goods without having to be responsible (e.g. due to force majeure, non-delivery despite timely reordering), we may withdraw from the contract. In this case, we will notify you immediately and refund any payments that have already been made
The customer assures that all information provided when ordering or registering in the online shop (e.g. name, address, email address, bank details, etc.) is truthful. Changes are to be communicated to us without delay.
3) RIGHT OF WITHDRAWAL
If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
If you as a consumer make use of your right of withdrawal in accordance with Section 4.1, you will have to bear the regular return shipping costs.
Otherwise, the regulations set out in detail below apply to the right of withdrawal
RIGHT OF WITHDRAWAL
RIGHT OF WITHDRAWAL
You have the right to cancel this contract within fourteen days without giving any reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must contact us [Florian Kraus & Markus Preuß Weinschmeckeria GbR; Mariaberger Str. 22; 87439 Kempten (Allgäu); Email: info@weinschmeckeria.de ; Telephone: 0151.12754320] by means of a clear statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You can use the sample cancellation form listed below, although this is not mandatory. You can also fill out and submit the sample cancellation form or another clear declaration electronically on our website (www.weinschmeckeria.de). If you make use of this option, we will immediately send you confirmation (e.g. by email) of receipt of such a revocation.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
CONSEQUENCES OF CANCELLATION
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other 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 use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract
ADDRESS:
Florian Kaus & Markus Preuß GbR
Weinschmeckeria
Mariaberger Str. 22
87439 Kempten (Allgäu)
to return or hand over.
The deadline is met if you send the goods before the fourteen day period has expired.
You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
- END OF REVOCATION -
4) PRICES AND SHIPPING COSTS
The prices stated on the product pages include statutory VAT and other price components.
In addition to the prices stated, we charge a flat rate of 6.90 euros per order for delivery within Germany. The shipping costs will be clearly communicated to you on the product pages, in the shopping cart system and on the order page.
An overview of the shipping options and the resulting shipping costs can be found under the Shipping & Delivery link.
5) DELIVERY
Delivery only takes place within Germany with GLS.
Delivery time is usually up to 3 days. We will point out any different delivery times on the respective product page.
If an ordered item is not available because we are not being supplied by our supplier despite his contractual obligation through no fault of our own, we are entitled to withdraw from the contract. In this case, we will immediately inform the customer that the ordered goods are not available and will immediately refund any payments already made.
6) PAYMENT
Payment can be made either in advance, Paypal or cash on delivery.
If you choose the advance payment method, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
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 to the extent that his counterclaim is based on the same contractual relationship.
7) RETENTION OF TITLE
The goods remain our property until full payment has been made.
The customer must inform us immediately of any access by third parties to the reserved goods.
8) DISPUTE RESOLUTION
The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to take part in a dispute resolution procedure before a consumer arbitration board.
9) LIABILITY FOR DAMAGES
The following exclusions and limitations of liability apply to our liability for damages, without prejudice to the other legal requirements for claims.
(a) We are liable if we are guilty of intent or gross negligence. We are only liable for simple negligence in the event of a breach of an obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely (so-called cardinal obligation). Furthermore, liability for damages of any kind, regardless of the basis for the claim, including liability for negligence when concluding the contract, is excluded.
(b) If we are liable for simple negligence in accordance with paragraph (a), our liability is limited to the damage that we typically had to expect based on the circumstances known at the time the contract was concluded.
(c) The above liability exclusions and restrictions apply neither if we have given a guarantee for the quality of the goods, nor for damages that are to be compensated under the Product Liability Act, nor for damage to life, body or health, nor for legal claims.
(d) The above liability exclusions and limitations also apply to the benefit of our employees, vicarious agents and other third parties whom we use to fulfill the contract.
10) WARRANTIES
All claims for defects expire 2 years after handover.
11) CONTRACTUAL PARTNERS
The purchase contract is concluded with Florian Krauf & Markus Preuß Weinschmeckeria GbR; Mariaberger Str. 22; 87439 Kempten (Allgäu).
12) ADDRESS
Our address for complaints and other declarations of intent as well as our address for summons is:
www.weinschmeckeria.de
This is operated by:
Florian Kraus & Markus Preuß GbR
Weinschmeckeria
Mariaberger Str. 22
87439 Kempten (Allgäu)
Telephone: +49 (0)151 12754320
13) FORMULATION
For reasons of linguistic simplification, the genders are not mentioned where a gender-neutral formulation was not possible. In these cases, the male terms used also include the female forms.
14) BOTTLE ILLUSTRATIONS, DESCRIPTIONS
Please note that the bottle images in the online shop are only example images. Packaging and gift boxes are only part of the product if this is explicitly stated.
15) PROTECTION OF YOUTH
In accordance with the Youth Protection Act, we only deliver alcoholic drinks to people over the age of 18. We reserve the right to check each case. By clicking the check box and accepting our General Terms and Conditions during the ordering process, you declare that you are of legal age and have full legal capacity. By submitting the order, you confirm that you are over 18 years old and that all age, name and address details are correct.
16) CONSUMER ARBITRATION
We hereby inform you that Weinschmeckeria does not participate in dispute resolution procedures of a consumer arbitration board and is not obliged to do so.
17) SAMPLE CANCELLATION FORM
If you would like to return an item, please send it back with the following text to: (Florian Kraus & Markus Preuß Weinschmeckeria GbR, Managing Director: Florian Kraus, Markus Preuß, Mariaberger Str. 22, 87439 Kempten (Allgäu)):
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):
Ordered on ______________ (*)/received on ______________ (*):
Name of consumer(s): ______________
Address of the consumer(s): ______________
Reason for complaint: _____________________________________
______________________________________________________
Signature of the consumer(s): ______________ (only for paper notification)
Date: ______________ (*)
Danger!!! Please delete anything that is not applicable.
As of: March 2022