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General terms and conditions

 

I. General part

1. Preamble

1.1. The following General Terms and Conditions regulate the contractual relationships between the comany engaged in a trade 

Weingut Jakob Schneider
represented by Jakob Schneider

Winzerstraße 15
55585 Niederhausen

and customers.

 

We are available under the following contact details:

Phone: 06758-93533
Fax:06758-93535
E-Mail: info@schneider-wein.com

 

1.2. The contract language is German. 

 

1.3. These General Terms and Conditions may be executed in 2 language versions for the purpose of easier international understanding, namely in  german, and english In case of disputes, the German version prevails; this does especially also mean that the terms and definitions of the German law are decisive in case of disputes about the interpretation of individual clauses of the present General Terms and Conditions. 

 

2. Definitions

2.1. A “merchant” (plural: merchants) is either a person who carries on a business or a person who has the name of their company registered in the commercial register.

2.2. A “business” is any business enterprise, unless the nature or size of the enterprise does not require a commercial business organisation.

2.3. An entrepreneur is a natural or legal person or a partnership having legal capacity that upon conclusion of a legal transaction acts performing their commercial or independent professional activity.

2.4. A consumer shall be any natural person who concludes legal transactions for purposes which cannot be predominantly attributed to his / her commercial or independent professional activities.

2.5. Distance contracts in the sense of these General Terms and Conditions are contracts on the delivery of goods or the rendering of services that are concluded between an entrepreneur and a consumer exclusively using distance communication media unless the contract is not concluded within the scope of a distribution or service system organised for distance marketing.

2.6. “Means of distance communication” are means of communication that can be used in order to initiate or conclude a contract between a consumer and an entrepreneur without the simultaneous physical presence of the contractual parties; this includes but is not limited to letters, catalogues, telephone calls, faxes, e-mails as well as broadcasting services, teleservices or media services.

2.7. “Text of the contract” in terms of these General Terms and Conditions includes the product description resulting from our online presentation and the content of the online order. The confirmation of order sent by us in the online portal itself is not considered to be text of the contract, but merely confirms the receipt of the order.

2.8. Text form shall be a legible declaration in which the identity of the declaring person is named and which was provided on a permanent data carrier.

2.9. A permanent data carrier shall be any medium which enables the recipient to store or save a declaration on this data carrier personally directed to them in a way that it is accessible for their purposes over a reasonable period of time and that it is suitable for reproducing the declaration without any changes.

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. Warehouses in which the person acting on behalf of the contractor performs his or her duties on a permanent or customary basis is the same as a contractor.

 

3. Contracting parties / penalties for faked customer suitability

3.1. Juristic persons, partnerships and natural persons of full legal capacity are accepted.

3.2. Should minors be accepted as contracting party, they shall be excluded as contracting party in case of contracts for brandies, brandy-containing drinks  or food with brandy above negligible level. Con-tracts for other alcoholic drinks are not concluded with children or youths under the age of 16. We reserve the right to verify the age of a contracting party by way of adequate documents and verifi-cation procedures. We, therefore, also reserve the right to request a copy of a person’s identity card.

3.3. A customer is required to make correct statements upon placing an order; passwords shall not be disclosed to third parties.

3.4. In case of a faked customer suitability there will be no contract. Instead, the parties agree on a penalty of 5% of the contract price the non-admitted customer would have had to pay. A customer shall be allowed to prove that no damage was caused or that the damage falls below the lump sum.

 

4. Validity of these General Terms and Conditions

4.1. These General Terms and Conditions shall apply exclusively to all contracts, deliveries and other services.

4.2. We do not acknowledge any conflicting or deviating terms and conditions.

4.3. If the customer is a merchant, they shall also apply to all future business relationships, even if they are not expressly agreed upon again.

4.4. We are at any time entitled to change or supplement these General Terms and Conditions. Customers are entitled to object to such change. If no objection is made within four weeks after receipt of the notification of change, the new general terms and conditions become effective in accordance with the change. At the beginning of the period, the customers will be informed in writing that the notification of change is deemed to be accepted if it is not objected within four weeks.

is entitled to continue the contract according to the previous terms and conditions or to terminate the contract with a one-month period of notice to the end of the month.

 

5. Right of modification

5.1. We reserve the right to modify a promised service or to deviate therefrom, if such modification or deviation is deemed acceptable to a customer considering our interests.

5.2. A modification or deviation is deemed acceptable, if a customer is not put in  better or worse posi-tion or if there is no significant deviation from a service. This may be the case if the vintage ordered is no longer available or if the following vintage deviates only marginally from both quality and price.

 

6. Cancellation policy

6.1. Right to cancellation

In case of a distance contract, consumers are entitled to withdraw from the contract within fourteen days without stating any reasons. The cancellation period is fourteen days starting from the day on which the consumer or a third party named by the consumer that is not the carrier have taken possession of the goods; in case of a contract regarding several goods that the consumer ordered in the frame of one order and that are delivered separately, have taken possession of the last goods; in case of a contract regarding the delivery of one good in several partial deliveries or pieces, have taken possession of the last partial delivery or the last piece.In order to exert the right to cancellation, consumers need to inform us

 

Weingut Jakob Schneider

represented by Jakob Schneider

Winzerstraße 15

55585 Niederhausen

Phone: 06758-93533

Fax: 06758-93535

E-Mail:info@schneider-wein.com

 

by an explicit declaration (e.g. a letter sent by post, fax or e-mail) regarding their decision to withdraw from this contract.

 

Consumers may use the accompanying form of cancellation which, however, is not mandatory.

 

To comply with the cancellation period, it is sufficient to dispatch the notification regarding the exertion of the right to cancellation prior to the end of the cancellation period.

 

6.2. Consequences of cancellation

If consumers cancel this contract, we shall reimburse all payments that we received from them, including delivery costs (except additional costs resulting from the fact that consumers chose another type of delivery than the low-cost standard delivery offered by us) immediately and at the latest within fourteen days starting from the day on which we received the notice regarding the cancellation of this contract. For this reimbursement, we will use the same means of payment that consumers used for the original transaction, unless expressly otherwise agreed; in no case consumers will be charged for such reimbursement.

 

We may refuse reimbursement until the goods are returned to us or the consumer has provided evidence that they dispatched the goods, depending on which is earlier.

 

Consumers shall immediately return or hand over to us the goods and in any case at the latest within fourteen days starting from the day on which they inform us about the cancellation of this contract. The period is met if the consumer dispatches the goods prior to the expiry of the period of fourteen days.

 

Consumers shall bear the immediate costs of returning the goods. The costs are estimated to amount to about 150.00 EUR for goods that cannot be sent by parcel post.

 

Consumers shall only bear any possible loss of value if this loss of value is due to handling the goods in a manner not required for the inspection of their properties, features and functions.

 

6.3. Exclusion of right of withdrawal

Unless otherwise agreed by the parties, a right of withdrawal does not apply to the following con-tracts:

Contracts for the delivery of sealed goods which, after removal of the seal, cannot be returned on grounds of health protection;

Contracts for the delivery of alcoholic drinks the price of which was agreed upon conclusion of the contract but which can be delivered 30 days after conclusion of the contract at the earliest and the current value of which is subject to market fluctuations beyond the contractor’s control;

7. Conclusion of contract/storage of the text of the contract and the General Terms and Conditions

7.1. in our internetshop

7.1.1. Advertising of the products in the Internet shop shall constitute a non-binding invitation subject to alteration to our customers to submit an offer.

7.1.2. The customers shall be deemed to submit an offer by following our ordering procedure and clicking on the “Order liable to payment” link at the end of the process.

7.1.3. Before the order is submitted, any entries made may be corrected using the standard keyboard and mouse functions.

7.1.4. We may accept the customer’s offer within a period of five days at our option, either by confirming the order or by delivering the goods.

7.1.5. The text of the contract and the present GTCs shall be saved.

7.2. for contracts not concluded within the meaning of § 312 b BGB outside of business premises

7.2.1. The application of the products represents a non-binding and non-binding request for the submission of an offer by customers.

7.2.2. Customers may submit an offer verbally, in writing, in writing or by conclusive behavior.

7.2.3. We can accept the offer of the customer within two weeks either by order confirmation or by delivery of the goods.

 

8. Liability

8.1. We exclude our liability for slightly negligent breach of duty, unless damages arising from death, injury to body or health or claims according to the Product Liability Act or warranties are concerned. Moreover, the liability for the breach of obligations which fulfilment makes the proper execution of the contract possible in the first place and on which fulfilment the customer may regularly relay on remains unaffected (essential contractual obligations). .

In the event of material damages and financial losses caused by negligence, we are only liable in case of a violation of essential contractual duties. The liability for damages is limited to the compensation of the typical and foreseeable damage on conclusion of the contract.

The same shall apply to breaches of duty by our vicarious agents.

 

9. Contractual Exclusion of Set-off

The customer is not entitled to offset their own claims against our claims for payment, unless the claims are undisputed or established as final and absolute.

 

10. Right of retention

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

 

11. Customer service

In case of questions or complaints you may contact us from08:00 Uhrto 17:00 Uhr.Contact data:

 

Phone:06758-93533

E-Mail:info@schneider-wein.com

 

You may also use the contact form on our website.

 

12. Severability clause (partial ineffectiveness)

Should one of the provisions be ineffective, the effectiveness of the remaining provisions remains unaffected.

 

13. Extrajudicial conciliation options

13.1. In case of disputes resulting from online purchase contracts or online service contracts, an OS (dispute resolution) platform provided by the European Union may be used to resolve such disputes as far as it is actually made available by the European Union.The platform shall be available here:http://ec.europa.eu/consumers/odr/

Our e-mail address:info@schneider-wein.com

13.2. We are not obliged to take part in any other extrajudicial mediation before any consumer arbitration body and will not take part in such.

 

14. Applicable law, place of jurisdiction, collateral agreements and severability

The contract including these General Terms and Conditions is subject to the substantive law of the Federal Republic of Germany. The provisions of the United Nations Convention on Contracts for the International Sale of Goods from 11 April 1980 (CISG) do not apply.

In the event of legal disputes, our registered office shall be the place of jurisdiction if

the customer is a merchant or

the customer does not have a general place of jurisdiction in the territory of the Federal Republic of Germany or if

the customer is a legal person under public law.

14.1. We are entitled to sue at any other statutorily provided place of jurisdiction as well.

Collateral agreements have not been made. 

Should any provision of these General Terms and Conditions be invalid, this does not affect the validity of the remaining provisions.

 

 

II. Special section: Sales contracts

 

1. Terms of delivery / shipping costs

1.1. Deliveries are effected in Germany only (excluding islands).

1.2. Delivery dates a customer specifies in an order shall require our approval to be effective.

1.3. The time limit for a delivery starts upon advance payment on the day following the receipt of the order for payment to the transferring bank and/or on the day following the conclusion of the contract (other modes of payment) and ends upon expiration of the last day of the time limit. If the last day of a time limit is a Saturday, Sunday or a public holiday at the place of delivery, such time limit shall expire on the next working day.

1.4. Delivery shall be effected  14 Tageafter the beginning of the delivery period at the latest.

1.5. Packaging and shipping costs shall be shown and invoiced separately. The exact costs are specified in the product description. Unless otherwise stated, shipping costs are as follows:

  

up to 18 bottles: EUR 7.00

pallet shipping: EUR 400.00

 

 

2. Requirement to give notice of defects

If the sale is a commercial transaction for both parties, clients shall be obliged to examine the goods immediately after their receipt, if this is feasible in the ordinary course of business, and to immediately inform the seller of any defects found.

If the purchaser does not inform the seller, goods shall be considered to be accepted, unless there is a defect which could not be seen at the time of examination.

If such defect appears at a later time, information must be given immediately after its discovery; in all other cases, goods shall be considered to be accepted with regard to the relevant defect.

If we fraudulently concealed this defect, we shall have no right to appeal to this provision.

 

3. Liability for defects / Period of limitation

3.1. There is basically a statutory right of defect, unless another is determined.

If the delivered item is not of the agreed quality or is not suitable for the presumed use in accordance with the contract or is not suitable for the usual use or is not of a condition which is usual for products of the same kind and which the buyer can expect according to the type of the product or if it does not have properties which the customer can expect based on public statements from our side, we are obliged to supplementary performance.

3.2. The supplementary performance shall be made to entrepreneurs of our choice by rectification of the defect (repair) or delivery of new goods, to consumers at his discretion.

3.3. We can refuse the supplementary performance without prejudice to § 275 Abs. 2 and 3 BGB, if it is only possible with disproportionate costs.

3.4. Clients may claim for damages only after a subsequent performance has failed. Their right to claim additional damages on the basis of the "Liability" section below shall be not affected by this.

3.5. For consumers the limitation period for new goods is two years starting from the delivery to the customer, for used goods one year starting from delivery. This does not apply to damage or reimbursement claims in accordance with the following “Liability” paragraph.

3.6. For entrepreneurs, the period of limitations for new products shall be one year from the transfer of risks; a liability for defects in case of second-hand goods shall be excluded. This shall not apply to claims for damages and reimbursement of expenses due to defects on the basis of the "Liability" section below. The period of limitation shall also remain unaffected in cases of delivery recourse on the basis of sections 478 and 479 BGB; it shall be five years from the delivery of the defective item.

3.7. Please note: The crystallization of wine scale is absolutely normal.

 

4. Terms of payment

Unless otherwise agreed,Weingut Jakob Schneiderdelivers against prepayment.

4.1. Unless otherwise agreed, we accept the following modes of payment:

4.2. Unless otherwise agreed our invoices shall be settled 8 days upon receipt of the goods at the latest.

 

5. Retention of title

5.1. Until its full payment the contractual item remains our property.

5.2. In case of merchants the goods remain our property until full payment of all claims from the contractual relationship. We engage to release the securities that we are entitled to on request of the customer as far as the realised value of our securities exceed the claims to be ensured by more than 20%; the choice of securities to be released lies with us.

5.3. Customers are entitled to re-sell goods subject to the retention of title. The customer already now assigns all claims from the re-sale regarding the delivered goods subject to retention of title in the amount of the final amount invoiced (including turnover tax) of our claims including all ancillary rights with priority before their remaining claims that result from the re-sale to the purchaser or third party. This applies irrespective of the fact whether the delivered item has been resold without any or following processing or blending or mixing. We accept the assignments.Following the assignment, the customer is entitled to collect the claim irrespective of our own entitlement to do so.However, we engage to not collect the claim ourselves as far as the customer properly fulfils their obligation to pay and does not come in default of payment and particularly no motion to open insolvency or conciliation proceedings regarding their assets has been filed.If this should be the case, however, we may request that the customer informs us on the assigned claims and their debtor and hands over all documents required to collect the claims and informs the debtor or the third party about such assignment.

5.4. The processing of the reserved goods or the goods in our secure ownership by the customer always takes place in the name and on behalf of us, without any liabilities arising therefrom. If processing takes place with objects that do not belong to the customer, we acquire co-ownership of the new item in proportion of the value of the goods delivered by us (invoice - final amount plus value added tax) to the other processed items at the time of processing. Incidentally, the same applies to the thing resulting from processing as to the purchased object delivered under reservation. This also applies if the customer acquires sole ownership through activities pursuant to sentence 2. The preservation for us is free of charge. If the purchased item is inseparably mixed with other movable items not belonging to us, we acquire co-ownership of the new item in proportion to the value of the goods delivered to us (invoice amount - final amount plus value added tax) to the other mixed items at the time of mixing. If the mixing takes place in such a way that the object of the customer is to be regarded as the main object, it is agreed that the customer assigns co-ownership pro rata to us. The customer keeps the resulting sole ownership or co-ownership for us free of charge.

 

 

III. Special section: Events

 

1. Events

1.1. We reserve the right to cancel an event in our house at short notice or to postpone it to a later date. Customers will be informed about that without delay. Tickets bought continue to be valid.

1.2. Customers may choose another date. In case of a later cancellation or a non-attendance you cannot use the previously bought ticket in order to go to another event. However, customers may designate a substitute as participant and transfer a ticket to such person. In both cases a reimbursement of registration fees already paid shall be  excluded.

 

IV Cancellation form

 

to

Weingut Jakob Schneider

Winzerstraße 15

55585 Niederhausen

Fax:06758-93535

E-Mail:info@schneider-wein.com

 

I/We hereby cancel the contract concluded by me/us regarding the purchase of the following goods:

 

 

 

Ordered on/received on:

 

 

 

Name (consumer):

 

 

 

Address (consumer):

 

 

 

Signature (consumer):

 

 
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