GENERAL TERMS AND CONDITIONS
§ 1 Scope of Contract and Defence Clause
(1) The following General Terms and Conditions (T&Cs) apply exclusively in the version current at the time of ordering to the contractual relationship between the sales representative and the customer formed via the online shop. The T&Cs in their current version are available on our online shop www.weingut-zimmelin.com under the heading "T&Cs".
(2) Any T&Cs the customer may have to the contrary of these will not become part of this contract.
§ 2 Contractual Partner
We conclude contracts exclusively with:
(1) natural entities of unlimited legal capacity, who are 18 years old;
(2) legal entities with registered residence or offices in the Federal Republic of Germany, Switzerland or a member state of the European Union. In accepting these T&Cs, the customer confirms that he is at least 18 years old.
§ 3 Conclusion of Contract
Presentation of the stock in the online shop does not constitute a binding tender from the tenderer to conclude a sales contract. The presentation of the stock online is merely an invitation to the customer to submit a tender to conclude a sales contract by placing an order. The contract is concluded when we send the customer an order confirmation or deliver the ordered goods. The order confirmation will be sent by e-mail Confirmation e-mails, which are created automatically and confirm receipt of the order do not constitute an order confirmation. The confirmation e-mail merely serves an informative purpose, informing the customer that the order has been received by the provider.
§ 4 Delivery
(1) We are entitled to partial delivery, should a part of the goods ordered be temporarily unavailable. We will carry the costs of any extra delivery.
(2) Domestic deliveries will be carried out, in principle, within 6 working days after the order has been placed. Should we not have the ordered goods in stock, for example due to great demand, we will inform the customer immediately of the delay. Deliveries made to other countries of the European Union and to Switzerland will take a further two working days.
§ 5 Delivery Costs and Duties
(1) The costs of delivery are dependent upon the number and weight of the packets and in which country they are to be delivered. Within Germany the following freight costs, including Value Added Tax, apply: with an order value of up to 100 EUR, we will charge 0.50 EUR per bottle in transport costs. With an order value of more than 100 EUR we will deliver within Germany free of charge. Delivery costs for deliveries outside of Germany can be given upon request dependent on amount and type of delivery. The goods are insured for the transport to the customer. The exact delivery costs will be calculated once the virtual basket has been filled and the address has been entered, however, before the order is sent.
(2) With deliveries made outside the European Union or Switzerland, customs duties may be levied, which are to be carried by the customer.
§ 6 Currency/Terms of Payment
All prices are made in Euros and include VAT. Payments are accepted either by bank transfer or direct debit. For customers who collect their orders of a value € 150.00 or more themselves, we will offer a discount of 3%. If payment is made within 30 days of the invoice date, we will not offer any further discount. We recommend that customers keep a copy of all details of the transaction.
§ 7 Rights to set-off and Retention
(1) Settings off are excluded, unless the counterclaim is undisputed or legally recognised.
(2) Alongside this the customer is only entitled to his rights of retention when his counterclaims are regarding the same contractual relationship.
§ 8 Revocation Policy, Right of Revocation
The order can be revoked within 14 days after the order has been placed, in text form (e.g. letter, fax, email) without stating any reasons, or - if the product has been delivered before the period of time has lapsed - by returning the goods. The time period begins after this information has been received as text, however not before the products have been received by the customer (in the case of recurring deliveries of the same kind of product, not before the first part delivery has arrived) and also not before our duty to inform according to article 246 § 2 in connection with § 1 sec. 1 and 2 EGBGB, and our duties pursuant to § 312e sec. 1 sentence 1 BGB (German Civil Code) in connection with article 246 § 3 EGBGB have been fulfilled. The timely despatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation term. The revocation is to be sent to:
Weingut Rudolf Zimmerlin GmbH
Manager Alexander Steiner
Kirchweg 2, 79268 Bötzingen am Kaiserstuhl
Consequences of Revocation
In the event of effective revocation, the services received by either party shall be returned and any benefits that may have been accrued shall be released. Should the customer not be able to return the goods or only return them partially or in a deteriorated condition then the customer will be obliged to pay compensation accordingly. This does not apply if the relevant impairment of the goods is due to the simple trial use of the product, which the customer would have reasonably been able to conduct in a store. You can also avoid the duty to provide compensation for the value if you do not treat the item as if it is your property and desist from all actions which could impair its value. We will assume responsibility for items suitable for delivery by parcel. The customer carries the costs for sending goods back should they correspond with the original order and if the value of the goods does not exceed 40.00 Euro, or if the price is higher than 40.00 Euro and the customer has not yet paid for the goods or made a deposit in accordance with the contractual agreement at the time of revocation. In all other cases, returning the goods is free of charge for the customer. Items which are not suitable for postage will be collected from the customer’s premises. Obligations to refund payments must be met within 30 days. For the customer, the 30 days begins with the dispatch of the revocation notice or the item and for us upon receiving the revocation notice or the item.
End of Instruction of Revocation
§ 9 Agreement on the Responsibility for the Costs
If the customer makes use of his right of revocation, he is to carry the costs for sending goods back should they correspond with the original order and if the value of the goods does not exceed 40.00 Euro, or if the price is higher than 40.00 Euro and he has not yet paid for the goods or made a deposit in accordance with the contractual agreement at the time of revocation. In all other cases, returning the goods is free of charge for the customer.
§ 10 Exclusion of the Right of Revocation
The right of revocation is excluded if the customer is a business in the sense of § 14 sec. 1 BGB (German Civil Code) and is dealing in his capacity as a self-employed enterprise or a business.
§ 11 Reservation of Property Rights
All delivered goods remain our property until full payment has been made.
§ 12 Warranty
If a purchased good is defective, the legal regulations apply, should nothing to the contrary have been agreed upon in the following.
§ 13 Liability
(1) Our liability, for whatever legal reasons, is limited to intention and gross negligence.
(2) All other limitations to liability listed in these T&Cs do not apply.
a. in the case of intention or gross negligence of one of our agents;
b. in the case of danger to life, limb and health;
c. in the case of claims made according to the Produkthaftungsgesetz (German property liability law);
d. in the case of damages caused by a defect in the condition which we have guaranteed and have maliciously concealed;
e. in the case of a negligent violation of our contractual duties, the fulfilment of which enable the proper execution of the contract and the customer has relied and may rely on our adherence to them. The same applies when the customer has rights to compensation in the performance's stead. The sales person, however, is only to be held liable as far as the danger is typically in connection with this contract and are foreseeable.
(3) As far as the salesperson's liability is excluded or limited, the same applies to the personal liability of his executive employees, personnel, representatives and agents.
§ 14 No liability is assumed for links
We assume no liability for the content of websites which have linked themselves to ourselves.
§ 15 Data protection
The divulging of personal data is a matter of trust. We ensure the customer that his data will only be used to deal with his order. Details will only be forwarded onto third party (e.g. credit institutes or delivery services) for the purposes of fulfilling the contract. By placing an order the customer confirms his agreement that we may store, treat and use his personal data in order to deal with his order and to deliver the same. The customer has the right to view, change, or delete all details stored on his file, or to have the same deleted, as long as the afore-mentioned reason for storing his details has no longer become necessary and is not contrary to any legal stipulations. We will adhere to all data protection requirements, especially guidelines of the Telemediengesetz (Telemedia act) and the Bundesdatenschutz (Federal Law for Data Protection).
§ 16 Applicable Law and Jurisdiction
(1) This contract is subject to the laws of the Federal Republic of Germany. The consumer protection regulations applicable in the country where the customer has his usual residence are the exception to the applicable law. The United Nations Convention on Contracts for the International Sale of Goods is excluded.
(2) Place of jurisdiction for all legal disputes resulting from this contract between the customer and provider is the registered offices of the provider, as long as the customer is a dealer, a legal public entity or a public special fund.
§ 17 Salvatory Clause
Should one of the stipulations in these T&Cs be inadmissible, the remaining stipulations remain unaffected.