AGB
General terms and conditions for orders of drinks in the online shop
1.
Scope / General Provisions
1.1.
These General Terms and Conditions (“GTC”) apply to contracts concluded through the online store at www.weingutfritzwassmer.de (“Online Store”) between Weingut Fritz Waßmer (“we” or “us”) and the customer.
1.2.
These GTC apply to both consumers and businesses. Consumers are natural persons who enter into legal transactions for purposes that cannot be attributed to their commercial or self-employed professional activity.
1.3.
We do not accept customers’ conflicting terms. This applies even if we do not explicitly object to their inclusion.
2.
Contract Formation / Contract Language / Contract Text Storage
2.1.
Due to German Youth Protection Act requirements, we only serve legally competent adults (18+) residing in Germany, and legal entities registered in Germany. Customers must provide ID copy upon request to verify age. Orders from minors will be deleted.
2.2.
We only sell household quantities to consumers. We reserve the right to cancel orders exceeding reasonable household needs.
2.3.
Products listed constitute an invitation to order, not a binding offer. The customer makes a binding offer by placing an order.
2.4.
Customers can review and correct order details before submission.
2.5.
Clicking “order” constitutes a binding offer under § 145 German Civil Code (BGB). Order confirmation via email is not contract acceptance.
2.6.
We may accept orders within 3 business days. The contract is formed only upon our explicit email confirmation.
2.7.
Contract language is German.
2.8.
We do not store contract texts. Order details with GTC and withdrawal information will be emailed.
3.
Prices / Payment Terms
3.1.
Prices include statutory VAT.
3.2.
Prices exclude delivery costs unless otherwise stated.
3.3.
Accepted payment methods: Advance payment, Invoice, Direct Debit, Credit Card, PayPal.
3.4.
Payment is due upon contract confirmation unless otherwise specified.
3.4.1.
PayPal payments are charged upon shipment.
3.4.2.
Advance payments: Shipment after funds receipt.
3.4.3.
Credit cards charged upon shipment.
3.4.4.
Invoice payments due upon delivery.
3.5.
We may block accounts with payment issues.
3.6-3.7.
Retention/offset rights limited to same contractual relationship.
4.
Delivery Terms
4.1.
Delivery to provided German addresses only.
4.2.
Shipment within 1 business day after payment. Delivery may take 10 days.
4.4.
Heat/frost exempts delivery deadlines.
4.5.
Partial deliveries permitted.
4.6.
Subsequent vintages shipped if original unavailable.
4.7.
Data shared with DHL per Postal Data Protection Regulation.
5.
Unaccepted Packages
5.1.
We may charge for unclaimed packages unless proven otherwise.
5.2.
No charges if cancellation sent before delivery.
6.
Retention of Title
Goods remain our property until full payment.
7.
Right of Withdrawal
7.1.
Consumers may withdraw per distance selling rules (see annex). Businesses cannot.
7.2.
Consumers bear return costs.
8.
Warranty & Liability
8.1.
Statutory warranty applies.
8.2.
Businesses: 12-month limitation period.
8.3-8.5.
Defect resolution doesn’t restart limitation period. No additional guarantees.
8.6-8.9.
Full liability for personal injury/gross negligence. Limited liability for minor breaches.
8.10.
Online Dispute Resolution:
EU ODR Platform: http://ec.europa.eu/consumers/odr/. We don’t participate in arbitration.
9.
Governing Law
9.1.
German law applies.
9.2.
Consumer protection laws of residence apply where stronger.
9.3.
CISG excluded.
9.4.
Exclusive jurisdiction for B2B: Our registered office.
CANCELLATION POLICY
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period expires fourteen days after the day you or a third party nominated by you (other than the carrier) takes physical possession of the last item.
To exercise your right of withdrawal, you must inform us (Weingut Fritz Waßmer, Lazariterstr. 2, 79189 Bad Krozingen-Schlatt, Phone: 07633-3965, Fax: 07633-92399118, Email: mail@weingutfritzwassmer.de) by means of a clear statement (e.g., letter sent by post, fax, or email). You may use the attached sample withdrawal form, though this is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your withdrawal notice before the withdrawal period expires.
CONSEQUENCES OF WITHDRAWAL
If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (except for additional costs resulting from your choice of a more expensive delivery method than our standard option), without undue delay and no later than fourteen days from receiving your withdrawal notice. We will use the same payment method you used for the original transaction unless expressly agreed otherwise; no fees will be charged for this reimbursement.
You must return the goods immediately and in any event no later than fourteen days from informing us of your withdrawal. The deadline is met if you dispatch the goods before this period expires. You bear the direct cost of returning the goods. You will only be liable for diminished value if it results from handling unnecessary for testing the nature, characteristics, and functioning of the goods.
END OF WITHDRAWAL NOTICE
Sample Withdrawal Form
(If you wish to withdraw, please complete this form and return it.)
Weingut Fritz Waßmer
Lazariterstr. 2
79189 Bad Krozingen-Schlatt
Fax: 07633-92399118
mail@weingutfritzwassmer.de
I/We (*) hereby give notice of withdrawal from the contract of sale for the following goods (*)/provision of the following service (*)
Ordered on (*)/Received on (*): ____________________________________________________
Consumer(s) name: ____________________________________________________
Consumer(s) address: ____________________________________________________
____________________________ ____________________________
Signature(s) (only for paper notifications) Date
___________________________________
(*) Delete as applicable