TERMS AND CONDITIONS FOR WINE SHIPMENT
§ 1 SCOPE, DEFINITIONS
(1) The business relationship between AnnLouis (Petra Wolf, Tannenstr. 11, 97261 Güntersleben, email@example.com, hereinafter referred to as the supplier) and the Customer (hereinafter referred to as the customer) shall be governed exclusively by the following General Terms and Conditions of Sale in the version valid at the time of the order.
(2) Deviating General Terms and Conditions of the Customer shall not be recognised unless the Supplier expressly agrees to their validity in writing.
(3) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
§ 2 ESSENTIAL CHARACTERISTICS
The essential characteristics of the goods can be found in the item description and in the respective offer.
§ 3 CONCLUSION OF CONTRACT
(1) If the customer is interested in goods from the supplier’s product range, he can request an offer via the “Make enquiry” area. For this purpose, it is necessary that the customer agrees to the general terms and conditions, the data protection regulations and the processing of his personal data.
(2) The Provider sends the Customer a binding offer by e-mail, which contains all essential information on the products and prices as well as all other contractual data. The customer can accept this offer within 5 days, provided that no other deadline is stated in the offer. The customer may check the content of the declaration of acceptance before sending it by e-mail. If he notices any errors, he can correct them before sending the e-mail. If he/she wishes to refrain from sending the e-mail, he/she can delete the e-mail without sending it by clicking on the close cross in the e-mail window.
(3) Should the customer wish to place an order under conditions other than those communicated, he may request an adjusted offer by e-mail and accept it upon receipt in accordance with § 3 paragraph 2.
(4) After receipt of the declaration of acceptance, the supplier sends the customer an automatic confirmation of receipt by e-mail in which the customer’s order is listed again. This is the confirmation of the conclusion of the contract. The invoice, the General Terms and Conditions and the cancellation policy are attached to this e-mail.
§ 4 STORAGE OF CONTRACT TEXT AND CONTRACT LANGUAGE
(1) The complete text of the contract is not stored by the supplier.
(2) The customer can print out the item description using the “Print” function of his browser. The customer can also save the article description on the computer by clicking on the right mouse button and then entering the command via the menu that appears to save the Internet page with the contract text.
(3) The customer can print out the contract data sent to him by e-mail using the print function of his e-mail program. The customer can save this data electronically by right-clicking on the file to be saved in his e-mail program and then selecting the command for saving the file in the menu that appears.
(4) The language available to the customer for the conclusion of the contract is German.
§ 5 PRICES AND SHIPPING COSTS
(1) All prices stated on the website and in the information sent by the supplier are total prices and include all price components and the applicable statutory value added tax.
(2) Shipping costs are not included in the purchase price. They are shown separately with the binding offer, are to be borne additionally by the customer and are also inclusive of VAT.
§ 6 PAYMENT MODALITIES
(1) Payment shall be made after receipt of the invoice by cash in advance (bank transfer).
(2) Payment of the purchase price shall be made exclusively to the account stated in the order confirmation. The deduction of a discount is only permissible with a special written agreement.
§ 7 DELIVERY
(1) The terms and conditions of delivery, the delivery date as well as any existing delivery restrictions can be found in the respective offer. The goods shall be dispatched by post, from sixty bottles by forwarding agent.
(2) If the customer is a consumer, the risk of accidental loss or accidental deterioration of the sold item shall only pass to the customer upon handover. This does not apply if the customer has independently commissioned a transport company or another person designated to carry out the shipment who has not been named by the entrepreneur.
(3) If the customer is an entrepreneur, he shall bear the shipping risk.
§ 8 WARRANTY FOR MATERIAL DEFECTS
(1) The supplier is liable to the customer for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.
(2) The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.
(3) Any further claims for damages on the part of the customer are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (such as those which the contract, according to its content and purpose, specifically intends to impose on the supplier or the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer regularly relies and may rely) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the supplier, its legal representatives or vicarious agents.
(4) In the event of a breach of material contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer’s claims for damages are based on injury to life, limb or health. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(5) The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the supplier if claims are asserted directly against them.
(6) The provisions of the Product Liability Act remain unaffected by paragraphs 3 to 5.
§ 9 FINAL AGREEMENTS
(1) The law of the Federal Republic of Germany shall apply to contracts between the supplier and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer, this shall only apply if the customer is not thereby deprived of the protection granted to him by mandatory provisions of the law of the state of his habitual residence.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the registered office of the supplier. This also applies if the customer does not have a general place of jurisdiction in Germany or the EU or if the customer’s place of residence or habitual abode is unknown at the time the action is brought. The authority to also call upon the court at another legal place of jurisdiction remains unaffected by this.