Terms and conditions
§ 1 GENERAL AND SCOPE OF APPLICATION
(1) All deliveries and services of Weingut Reichsrat von Buhl GmbH, represented by the managing directors Peter Hüftlein-Seeger, Dennis Geller, Weinstrasse 18-24, D- 67146 Deidesheim (hereinafter referred to as "Weingut Reichsrat von Buhl" and/or also as "we") are exclusively based on the following General Terms and Conditions in the version valid at the time of the order.
(2) Customers within the meaning of these Terms and Conditions are both consumers and entrepreneurs. Consumers in the sense of the Terms and Conditions are natural persons who conclude contracts for a purpose that can be attributed neither to their commercial nor to their professional activity. Entrepreneurs within the meaning of the Terms and Conditions are natural or legal persons or partnerships with legal capacity who, when concluding a contract with us, are acting in the exercise of their commercial or independent professional activity.
(3) For customers who are not consumers (specialist trade customers, e.g. traders, restaurateurs), our deviating General Terms and Conditions for Traders/Gastronomes shall apply, which can be provided on request.
§ 2 OFFER, ORDER PROCESS AND CONCLUSION OF CONTRACT
(1) The order will be processed and invoiced by Weinmanufaktur Reichsrat von Buhl GmbH, Weinstr. 18-24, 67146 Deidesheim, Germany.
(2) Order types and process:
(a) You can place your order either in writing by mail to the address Weingut Reichsrat von Buhl, Weinstr. 18-24, D-67146 Deidesheim, by fax to the fax number stated on the order form or by e-mail to our e-mail address firstname.lastname@example.org or in person at our salesroom or by telephone at +49 6326 9650 0. You are welcome to use our order cards and order slips.
(b) You can place your order online in our online store on our website www.von-buhl.de after registration.
- The offers of goods presented in our online store are subject to change. The presentation of the articles in our online store are only to be seen as information about the quality and do not yet represent a legally binding offer to the customer, but a non-binding invitation to the customer to order.
- By clicking the button "Add to shopping cart" the customer can put the respective goods into the virtual shopping cart. Placing the goods in the virtual shopping cart is non-binding; it does not constitute an offer to conclude a contract.
- Before placing an order, the customer is shown a summary of the contents of the shopping cart, including the expected delivery date and the shipping costs, on an overview page. First, the customer has the opportunity to change or add to the order on the overview page in the shopping cart. After clicking on "proceed to checkout", the customer is prompted to register. Existing customers with a customer account can log in with their chosen username/mail address and password.
- The customer is then asked to enter a billing address of his choice and, if necessary, to select a different delivery address. By clicking on "continue", the customer will be shown the delivery costs incurred. After another click on "next" the customer has the possibility to choose a payment method and by clicking on "next" he gets to an order overview page on which our general terms and conditions, the agreement of the cancellation policy as well as the consent to the storage of personal data have to be confirmed.
- At this point, the customer still has the option to change or leave the shopping cart.
- By placing an order via the order form of our online store provided by Weingut Reichsrat von Buhl or by pressing the button "order with obligation to pay" in the online mail order business, the customer makes a binding offer to purchase the selected goods, which requires acceptance by Weingut Reichsrat von Buhl.
- The receipt of the order is immediately confirmed to the customer electronically by an automatically generated e-mail. This order confirmation does not constitute acceptance of the offer or acceptance of the contract. The order confirmation is for information purposes only and shows the customer that we have received the customer's offer. The acceptance of the contract takes place either by sending a confirmation e-mail with the content of the purchase offer to the e-mail address provided by the customer or by the delivery of the ordered goods. At the same time, the customer receives an overview of the ordered goods together with the contract content and the order value with the confirmation e-mail.
(c) The illustration of the goods in our price list and/or in our online shipping at www.von-buhl.de may differ from the appearance of the delivered goods and does not constitute a quality guarantee or quality agreement.
(3) Only orders from customers who have reached the age of 18 can be accepted.
(4) We reserve the right to deliver goods ordered by customers via our online mail order business or in our on-site salesroom only in quantities customary for households as long as stocks last. If delivery restrictions exist, we will inform you of this before you place your order in the online store.
§ 3 PAYMENT AND PRICES
(1) With the publication of our price list, all previous prices lose their validity. The prices are valid until a new price list is published. Our catalog prices are total prices in EURO and include the currently valid sales tax for deliveries to the Federal Republic of Germany and, in the case of sparkling wine prices, also include the currently legally valid sparkling wine tax.
(2) Unless otherwise stated in the order confirmation, all prices quoted by us are per bottle including glass, equipment and packaging in a 6-bottle carton ex cellar in Deidesheim. We carry out special packaging for an additional charge.
(3) For each order we charge a shipping fee of € 8.90 for deliveries within the Federal Republic of Germany up to a goods order value of € 150.00. From a goods order value of over 150.00 € per completed order, the shipping costs for delivery within Germany will be waived for you. Shipping is only possible within Germany.
§ 4 METHODS OF PAYMENT
1) after prepayment:
For first orders we reserve the right to payment in advance. Payable after receipt of invoice strictly net without deduction;
(2) after receipt of invoice by bank transfer:
Invoices are payable within ten days of the invoice date to the account specified by us;
(3) by credit card:
You pay by Visa or Mastercard in advance. The invoice amount will be debited after receipt of the order and after confirmation of the purchase offer by Weingut Reichsrat von Buhl in accordance with these GTC;
(4) by direct debit: (not usable in the online store).
You authorize us to collect the invoice amount from your bank account by means of a SEPA direct debit mandate issued by you. The authorization is also valid for future invoices, but can be revoked at any time. The debit of the account specified by you will take place after delivery of your order to the transport service provider. Prepayments or deposits will be debited after receipt of the order.
§ 5 DELIVERY AND TRANSFER OF RISK
(1) When placing your order by e-mail, by telephone or by fax, you have the option of specifying the desired delivery date. When ordering via our online store, the available delivery time slots will be displayed when you place your order.
(2) If a delivery time has been firmly agreed upon, the timely and proper fulfillment of the customer's obligations is a prerequisite for its compliance.
(3) Delivery will be made to the delivery address specified by you within the Federal Republic of Germany and to the door of your home. In the case of orders placed by a freight forwarder as a shipping service provider, we cannot guarantee delivery to the front door. In exceptional cases, delivery will be made to the curb.
(4) In the case of orders for alcoholic beverages, the goods will only be handed over to receptionists who meet the requirements of the German Youth Protection Act.
(5) Transfer of risk:
(a) If the Customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the Customer upon handover in the case of a mail order purchase upon delivery of the goods to the forwarding agent, the carrier or any other person designated to carry out the shipment.
(b) If the Purchaser is a consumer, the risk of accidental loss and accidental deterioration of the sold item shall pass to the Purchaser only upon handover of the goods, even in the case of a mail-order purchase. The handover shall be the same if the customer is in default of acceptance.
(6) In the event that an ordered item is not available for delivery because we are not supplied by our supplier through no fault of our own despite the supplier's contractual obligation, we shall be entitled to withdraw from the contract. In this case, we will immediately inform the customer that the ordered goods are not available and to immediately refund any payments already made.
(7) The delivery time shall be extended appropriately in the event of circumstances affecting the delivery due to force majeure. Force majeure shall be deemed to include strikes, lockouts, official interventions, shortages of energy and raw materials, transport bottlenecks through no fault of our own, operational hindrances through no fault of our own, for example due to water, machine damage, fire and all other hindrances which, viewed objectively, were not culpably caused by us. Insofar as such an event occurs, we shall inform you of this without delay.
§ 6 WARRANTY FOR DEFECTS AND LIABILITY
(1) If there is a defect in the goods, the customer may, at his option, demand that the defect be remedied or that a defect-free item be delivered.
(2) If subsequent performance cannot be effected, the Purchaser shall be entitled to either withdraw from the contract or reduce the purchase price.
(3) If the orderer is an entrepreneur, he shall be obligated to notify Weingut Reichsrat von Buhl in writing of any defects (e.g. transport damage) immediately upon receipt of the goods. Otherwise the assertion of warranty claims is excluded.
(4) Weingut Reichsrat von Buhl is liable according to the legal regulations, if the customer asserts claims for damages, which are based on intention and gross negligence of Weingut Reichsrat von Buhl, its representatives or vicarious agents. As far as Weingut Reichsrat von Buhl is not accused of intentional or grossly negligent breach of contract and no liability for injury to life or limb is in question, liability is limited to the foreseeable damage.
(5) Unless otherwise stipulated above, liability shall be excluded in all other respects. In particular, liability is also excluded for claims for damages of the customer arising from the obligation during contract negotiations. In particular, Weingut Reichsrat von Buhl shall not be liable for lost profits, lost savings and other indirect and/or consequential damages.
(6) Should small crystalline precipitations (tartar) appear in the bottles, these give evidence of the maturity (quality) of the wine.
§ 7 RESERVATION OF OWNERSHIP
(1) All delivered goods remain our property until full payment.
(2) The customer shall notify us immediately of any third party seizure of the goods subject to retention of title.
§ 8 CUSTOMER SERVICE
In case of questions, complaints or claims you can reach us Monday - Friday between 10.00 and 18.00 o'clock under the telephone number +49 6326 9650 0 or by e-mail to email@example.com.
Online dispute resolution in accordance with Art. 14 (1) ODR Regulation:
The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/.
Consumers can use the platform for the settlement of their disputes. Weingut Reichsrat von Buhl does not participate in dispute resolution proceedings before a consumer arbitration board and is not obliged to do so.
§ 9 FINAL PROVISIONS
(1) The contractual language is German.
(2) If the customer is a merchant, the place of jurisdiction is the place of business of the Reichsrat von Buhl Winery.
(3) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(4) If individual provisions of these GTC should be invalid, this shall not affect the remaining provisions of the GTC.
(5) The place of performance and delivery shall be our registered office in D-67146 Deidesheim.
Deidesheim, August 27, 2020
Winery Reichsrat von Buhl GmbH
CANCELLATION POLICY FOR CONSUMERS
In accordance with the applicable statutory provisions on distance contracts, you are entitled to the following right of withdrawal:
RIGHT OF REVOCATION
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
In order to exercise your right of revocation, you must inform us (Weingut Reichsrat von Buhl GmbH, Weinstrasse 18-24, D-67146 Deidesheim, fax: +49 6326 965024, e-mail: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. For this purpose, you can use the attached sample withdrawal form, which is, however, not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
CONSEQUENCES OF REVOCATION
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for the inspection of the condition, properties and functioning of the goods.