I. General Part
1. Preamble
1.1. The following terms and conditions govern the contractual relationship between us, the commercially acting company.
Weingut von Othegraven KG
represented by Günther Jauch
Wine Route 1
54441 Kanzem
and customers.
We can be reached using the following contact details:
Tel: 06501/150042
Fax: 06501/18879
Email: info@von-othegraven.de
1.2. The contract language is German.
2. Definitions
2.1. A merchant is either someone who operates a commercial business or someone who registers their company name in the commercial register.
2.2. A commercial enterprise is any business enterprise, unless the nature or scope of the enterprise does not require a commercially organized business operation.
2.3. An entrepreneur is a natural or legal person or a legally capable partnership that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
2.4. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
2.5. A distance selling contract within the meaning of these General Terms and Conditions is a contract for the supply of goods or the provision of services concluded between a business and a consumer using exclusively means of distance communication, unless the conclusion of the contract does not take place within the framework of a sales or service system organized for distance selling.
2.6. Distance communication means are means of communication that can be used to initiate or conclude a contract without the simultaneous physical presence of the contracting parties, in particular letters, catalogues, telephone calls, faxes, e-mails and broadcasting, telecommunications and media services.
2.7. For the purposes of these Terms and Conditions, the contract text is the product description presented on our website and the content of the online order. The order confirmation we send via the online portal is not itself the contract text, but merely confirms receipt of the order.
2.8. Text form is a readable declaration that names the person making the declaration and has been submitted on a durable medium.
2.9. A durable medium is any medium which enables the recipient to store or save a statement addressed to him personally in such a way that it remains accessible to him for a period of time appropriate to its purpose and is suitable for reproducing the statement unchanged.
2.10. Business premises are immovable commercial premises where the entrepreneur permanently carries out his business activities, and movable commercial premises where the entrepreneur usually carries out his business activities. Commercial premises where a person acting in the name or on behalf of the entrepreneur permanently or usually carries out his business activities are equivalent to the entrepreneur's premises.
3. Contracting parties/Contractual penalty for misrepresentation of customer suitability
3.1. Legal entities, partnerships and natural persons with full legal capacity are accepted as customers.
3.2. While minors are accepted as contractual partners, they are excluded from contracts concerning spirits, beverages containing spirits, or foodstuffs containing more than a negligible amount of spirits. Contracts for other alcoholic beverages will under no circumstances be concluded with children or young people under the age of 16. We reserve the right to verify the age of the contractual partner using appropriate evidence and verification procedures. We therefore also reserve the right to request a copy of their identity card.
3.3. The customer is obliged to provide truthful information when placing an order and not to disclose passwords to third parties.
3.4. In the event of misrepresentation of customer suitability, no contract is formed. Instead, the parties agree on a contractual penalty of 5% of the contract price that the unauthorized customer would have had to pay. The unauthorized customer retains the right to prove that no damage was incurred or that the actual damage was significantly less than the penalty.
4. Applicability of these Terms and Conditions
4.1. These terms and conditions apply exclusively to all contracts, deliveries and other services.
4.2. We do not recognize any conflicting or deviating terms and conditions.
4.3. These terms and conditions also apply to all future business relationships, provided the customer is a merchant, even if they are not expressly agreed upon again.
4.4. We reserve the right to amend these Terms and Conditions at any time.
4.5. For existing contracts, the changes will take effect when the customer
4.5.1. the change is accepted, or
4.5.2. The customer does not object to the change within one month of receiving a notification of change, and we have informed the customer of their right to object and the deadline in the notification of change (hereinafter referred to as "deemed consent"). If the customer objects to the change, the terms and conditions will continue to apply without the changes. However, we are entitled to terminate the contract without notice for good cause within two weeks of receiving the objection, subject to a one-month notice period to the end of the following month.
4.6. Amendments that are exempt from being subject to a deemed consent provision do not apply if they are made by way of a deemed consent provision.
4.6.1. relate to the main performance obligations of one of the parties or the remuneration;
4.6.2. which are equivalent in effect to the conclusion of a new contract; or
4.6.3. which significantly shift the balance of performance and consideration in our favor. As an exception, the deemed consent also applies in the aforementioned cases if the changes are made in order to
4.6.3.1. to restore the conformity of general terms and conditions with a changed legal situation because a provision no longer complies with the legal situation due to a change in laws, including EU legal acts; or
4.6.3.2. to replace regulations that are no longer applicable following a legally binding judicial or administrative decision.
5. Reservation of the right to amend
5.1. We reserve the right to change or deviate from the promised services if the change or deviation is reasonable for the customer, taking into account our interests.
5.2. A change or deviation is acceptable if the customer is neither worse off nor better off, and the service does not deviate significantly. This may be the case if the ordered vintage is no longer available and the subsequent vintage does not differ significantly in quality or price.
6. Conclusion of contract/storage of the contract text and the terms and conditions
6.1. in our online shop
6.1.1. The presentation of products in the online shop constitutes a non-binding and non-restricted invitation to submit an offer by our customers.
6.1.2. Customers submit an offer by going through our ordering process and clicking on the "Place order" link at the end.
6.1.3. Entries can be corrected before submitting the order using the usual keyboard and mouse functions.
6.1.4. We may accept the customer's offer within 5 days orally, in writing, in text form, or by implied conduct. The purchase agreement is concluded either with an explicit declaration or upon shipment of the respective products, with acceptance occurring upon receipt of the order confirmation or the goods by the customer. If the customer pays for the order by SEPA transfer of the purchase price to the payment service provider's bank account (payment option "prepayment"), the advance payment request serves as a declaration of acceptance. If customers have paid by credit card, prepayment, PayPal, or giropay/paydirekt, the purchase agreement is concluded upon successful completion of the order process.
6.1.5. The contract text and these terms and conditions will be stored and sent to consumers by email.
6.2. in the case of contracts not concluded outside of business premises within the meaning of Section 312b of the German Civil Code (BGB)
6.2.1. The advertising of the products constitutes a non-binding and non-restricted invitation to submit an offer (order or purchase order) by customers.
6.2.2. Customers may submit an offer orally, in writing, in text form or by conclusive conduct.
6.2.3. We may accept the offer either orally, by order or booking confirmation in written or text form, or by delivery, whereby acceptance takes place upon receipt of the order or booking confirmation or upon receipt of the goods by the customer.
7. Liability
7.1. We exclude our liability for breaches of duty caused by slight negligence, unless damages resulting from injury to life, body, or health, claims under the Product Liability Act, or guarantees are affected. Liability for breaches of duties whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely (essential contractual obligations) remains unaffected.
7.2. In the case of negligently caused property damage and financial loss, we are only liable for breaches of essential contractual obligations, but the amount of liability is limited to the foreseeable and typical damages at the time of conclusion of the contract.
7.3. The same applies to breaches of duty by our vicarious agents.
8. Prohibition of set-off
The entrepreneur is not entitled to offset his own claims against our payment claims unless the claims are based on the same contractual relationship, or they are undisputed or legally established.
9. Right of retention
The entrepreneur is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
10. Customer Service
For questions, complaints or claims, you can reach us on weekdays from 9:00 a.m. to 4:30 p.m. using the following contact details:
Telephone: 06501/150042
E-mail: info@von-othegraven.de
You can also contact us via our contact form on the website.
11. Severability Clause (Partial Invalidity)
Should any provision be invalid, the validity of the remaining provisions shall remain unaffected.
12. Information on the return of packaging
We are affiliated with the Interseroh waste disposal system. Our customer number is 10098865.
13. Out-of-court settlement options
13.1. In the event of disputes arising from online sales contracts or online service contracts, an ODR platform provided by the European Union may be used to resolve these disputes, provided that it is actually made available by the European Union.
The platform should be accessible here: http://ec.europa.eu/consumers/odr/
Our email address is: info@von-othegraven.de
13.2. We are not obliged to participate in other out-of-court dispute resolution procedures before a consumer arbitration board, and we do not participate in such procedures.
14. Applicable law, jurisdiction and ancillary agreements
14.1. This contract, including these General Terms and Conditions, is governed by the substantive law of the Federal Republic of Germany. The provisions of the Vienna Convention of 11 April 1980 on Contracts for the International Sale of Goods (CISG, UN Sales Law) do not apply. This choice of law does not apply if it deprives the consumer of mandatory provisions of the law of the state in which they have their habitual residence.
14.2. In the event of legal disputes, our place of business shall be the place of jurisdiction, if
14.2.1. the customer is a merchant or
14.2.2. the customer does not have a general place of jurisdiction in the territory of the Federal Republic of Germany or
14.2.3. the customer is a legal entity under public law.
14.3. We are also entitled to bring legal action at any other legally provided court of jurisdiction.
14.4. No side agreements have been made.
II Special Part: Purchase Agreements
1. Delivery terms/Shipping costs
1.1. We deliver exclusively within Germany, excluding the islands.
1.2. Delivery dates specified by the customer in their order require our confirmation to be valid.
1.3. The delivery period begins, in the case of payment in advance, on the day after receipt of the payment order by the remitting bank, or, in the case of other payment methods, on the day after conclusion of the contract, and ends on the last day of the period. If the last day of the period falls on a Saturday, Sunday, or a public holiday recognized in the place of delivery, the next working day shall take its place.
1.4. Delivery will take place no later than 10 days after receipt of payment following the start of the delivery period.
1.5. Packaging and shipping costs will be invoiced and itemized separately. The exact costs are detailed in the product description. Unless otherwise stated, shipping costs are:
1.5.1. €9.00 per delivery
1.5.2. Free shipping on orders over €250.00
2. Obligation to give notice
2.1. If the purchase is a commercial transaction for both contracting parties, the buyer must inspect the goods immediately after delivery by the seller, insofar as this is practicable in the ordinary course of business, and, if a defect is found, notify the seller immediately.
2.2. If the buyer fails to give notice, the goods shall be deemed approved, unless the defect was not detectable upon inspection.
2.3. If such a defect becomes apparent later, notification must be given immediately after its discovery; otherwise, the goods shall be deemed approved even with respect to this defect.
2.4. If we have fraudulently concealed the defect, we cannot invoke these provisions.
3. Liability for defects/Limitation period
3.1. In principle, there is a statutory right to warranty for defects, unless otherwise stipulated.
3.2. If the delivered item does not have the quality agreed between the customer and us, or is not suitable for the use stipulated in our contract, or is not suitable for ordinary use and does not have the quality that is usual for items of the same type and that the customer can expect given the nature of the item, or does not have the characteristics that he could expect based on our public statements, then we are obliged to provide subsequent performance.
3.3. For entrepreneurs, the remedy will be provided at our discretion by either eliminating the defect (repair) or delivering new goods; for consumers, it will be provided at their discretion.
3.4. We may refuse subsequent performance without prejudice to Section 275 Paragraphs 2 and 3 of the German Civil Code (BGB) if it is only possible with disproportionate costs.
3.5. Customers may only assert claims for damages due to a defect if subsequent performance has failed. Their right to assert further claims for damages in accordance with the section "Liability" remains unaffected.
3.6. For consumers, the limitation period for new goods is two years from delivery to the customer, and for used goods, one year from delivery. This does not apply to claims for damages and reimbursement of expenses due to defects in accordance with the section "Liability".
3.7. For businesses, the limitation period for new goods is one year from the transfer of risk; for used goods, liability for defects is excluded. This does not apply to claims for damages and reimbursement of expenses due to defects in accordance with the section "Liability". The limitation period also remains unaffected in the case of a supplier's recourse under Sections 478 and 479 of the German Civil Code (BGB); it is five years from delivery of the defective item.
3.8. Please note: The crystallization of tartaric acid is a completely natural phenomenon.
4. Payment terms
4.1. Unless otherwise agreed, we accept the following as payment:
4.1.1. Transfer
4.1.2. Credit card
4.1.3. Advance payment
4.1.4. PayPal
4.1.5. Cash payment upon collection
4.1.6. Regular customers on account
4.2. Unless otherwise agreed, our invoices are payable without deduction no later than 21 days after receipt of goods.
5. Retention of title
5.1. The object of the contract remains our property until full payment has been received.
5.2. In the case of merchants, the goods remain our property until all claims arising from the business relationship have been paid in full. We undertake to release the securities to which we are entitled at the customer's request to the extent that the realized value of our securities exceeds the secured claims by more than 20%; the selection of the securities to be released is at our discretion.
5.3. Customers are entitled to resell goods subject to retention of title. The customer hereby assigns to us all claims arising from the resale of the delivered goods subject to retention of title, up to the amount of the final invoice total (including VAT), including all ancillary rights, with priority over any other claims arising from the resale to the purchaser or third parties. This applies regardless of whether the delivered goods were resold before or after processing, mixing, or blending. We accept the assignments.
After the assignment, the customer is entitled to collect the claim, irrespective of our own authority.
However, we undertake not to collect the claim ourselves, provided that the customer duly fulfills his payment obligations and does not default on payment and, in particular, no application has been filed for the opening of insolvency or composition proceedings against his assets.
However, if this is the case, we can demand that the customer disclose to us the assigned claims and their debtors, hand over all documents required for collection, and notify the debtors or third parties of the assignment.
5.4. The processing and handling of the goods subject to retention of title or the goods held in our security interest by the customer is always carried out in our name and on our behalf, without any liabilities arising for us as a result.
If processing is carried out using items not belonging to the customer, we acquire co-ownership of the new item in proportion to the value of the goods we supplied (invoice - final amount plus VAT) relative to the other processed items at the time of processing. The same applies to the item created through processing as to the goods delivered under reservation of title. This also applies if the customer acquires sole ownership through activities as described in sentence 2. Safekeeping for us is free of charge.
If the purchased goods are inseparably mixed with other movable property not belonging to us, we acquire co-ownership of the new item in proportion to the value of the goods delivered to us (invoice - final amount plus VAT) relative to the other mixed items at the time of mixing. If the mixing occurs in such a way that the customer's item is considered the principal item, it is agreed that the customer transfers proportionate co-ownership to us. The customer shall hold the resulting sole or co-ownership in trust for us free of charge.
III Special Section: Events
1. Events
1.1. We reserve the right to cancel events taking place at our venue at short notice or to postpone them to a later date. Customers will be informed immediately. Purchased tickets remain valid.
1.2. Customers have the option to reschedule free of charge up to 14 days before the event date. For cancellations made later than this, or in case of no-show, the previously purchased ticket cannot be used for another date. However, customers may at any time nominate a substitute participant and transfer the ticket to them. In both cases, a refund of already paid participation fees is not possible.
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