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General
Terms and Conditions

Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to all the contracts, which you conclude with us as a supplier (Klaus Franzen) via the weinmanufaktur-hubertus.de website. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods.

(2) As soon as the respective product is placed on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description. 

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase   are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After clicking the "Checkout" or "Continue to order" button   (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will then be displayed as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as the payment method, you will either be taken to the order overview page in our online shop or to the website of the provider of the instant payment system forwarded.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected to our online shop.

Before sending the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or canceling the order. 

By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation), you declare your acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) Your requests for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is stated in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Contract period / cancellation of subscription contracts

(1) The subscription contract concluded between you and us has an indefinite term. The contract can be terminated by either party with a notice period of one month to the end of the month (unless otherwise stipulated in the respective offer).

(2) The right to termination without notice for important reasons remains unaffected.

(3) Each cancellation must be declared and transmitted either in text form (e.g. e-mail) or via the cancellation button integrated into our website ("Cancel contracts here" or similar designation).

§ 4 Special agreements on offered payment methods

(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method that is offered via "PayPal" / "PayPal Checkout", the payment is processed via the payment service provider PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; " PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our website and in the online ordering process. "PayPal" can use other payment services for payment processing; if special terms of payment apply, you will be informed of these separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full (https://www.paypal.com/de/webapps/mpp/ua/legalhub - full).

(2) Payment via "Stripe"
If you select a payment method that is offered via "Stripe", the payment will be processed by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" are displayed to you under a correspondingly designated button on our website and in the online ordering process. "Stripe" can use other payment services to process payments; if special terms of payment apply, you will be informed of these separately. You can find more information about "Stripe" at https://stripe.com/de (https://stripe.com/de).

§ 5 Right of retention, retention of title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2)   The goods remain our property until the purchase price has been paid in full.

(3)   If you are an entrepreneur, the following also applies:

a) We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or assignment as security is not permitted before ownership of the reserved goods has passed.

b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 6 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.

(3) If a feature of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if you were informed by us of the same before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:

a)  As to the quality of the goods, only our own information and the manufacturer's product description are deemed to be agreed, but not other advertising, public promotions and statements by the manufacturer.

b)  In the event of defects, we shall provide a warranty, at our discretion, by rectification or subsequent delivery. If the elimination of the defect fails, you can either demand a price reduction or withdraw from the contract. The rectification of defects is deemed to have failed after a second unsuccessful attempt, unless something else arises from the type of goods or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance if the transport does not correspond to the intended use of the goods.

c)  The warranty period is one year from delivery of the goods. The shortened deadline does not apply:

- culpably caused damage attributable to us resulting from injury to life, limb or health and other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- in the case of statutory rights of recourse that you have against us in connection with warranty rights.

§ 7 Choice of Law

(1)   German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).

(2)  The provisions of the UN Sales Convention expressly do not apply.

§ 8 Protection of minors

(1)  When selling goods that are subject to the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally prescribed minimum age.
Existing age restrictions are indicated in the respective item description.

(2)  By submitting your order, you assure that you have reached the legally required minimum age and that your details regarding your name and address are correct. You are obliged to ensure that only you or persons authorized by you to accept the delivery who have reached the legally prescribed minimum age receive the goods.

(3)  Insofar as we are legally obliged to carry out an age check, we instruct the logistics service provider commissioned with the delivery to only hand over the delivery to persons who have reached the legally prescribed minimum age, and, in case of doubt, to have the identity card of the person receiving the goods presented for age verification purposes.

(4) Insofar as we state in the respective item description that you must be over the age of 18 to purchase the goods, above and beyond the statutory minimum age, the above paragraphs 1-3 apply with the proviso that you are of legal age instead of the statutory minimum age must.

 


II. Customer Information 

1. Identity of Seller

Klaus Franzen
Moselstrasse 9
56818 Klotten
Germany
Telephone: 026712324113
Email: info@weinmanufaktur-hubertus.de


Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr).

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" in our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. Contract language is German.

3.2. We do not save the full text of the contract. Before sending the order   via the online shopping cart system  , the contract data can be printed out using the print function of the browser or saved electronically. After we have received the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.

3.3. If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, eg by e-mail, which you can print out or save electronically.

4. Essential characteristics of the goods or service

The essential features of the goods and/or service can be found in the respective offer.

5. Prices and terms of payment

5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.

5.3. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

5.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Terms of Delivery

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person designated to carry out the shipment. 

If you are an entrepreneur, the delivery and shipment is at your own risk.

7. Statutory liability for defects 

The liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I). 

8. Contract Term / Termination

Information on the term of the contract and the terms of termination can be found in the regulation "Contract term / termination of subscription contracts" in our General Terms and Conditions (Part I), as well as in the respective offer.

These terms and conditions and customer information were created by the Händlerbund's lawyers, who specialize in IT law, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/de/dienstleistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/dienstleistungen/rechtssicherheit/agb-service).

last update: 29.11.2022

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