General Terms and conditions with customer information
(1) GTCs for guided tours, walks and wine hikes
(2) GTCs for wine sales
(1) TERMS AND CONDITIONS FOR GUIDED TOURS, WALKS AND WINE HIKES
§ 1 GENERAL NOTICE:
The tour guide who is the contracting party is responsible for carrying out the tour you have requested. In any case, he/she is only liable for such damages that are based on an intentional or grossly negligent breach of contract by himself/herself or by his/her legal representative or vicarious agent. The liability of the tour guide relates exclusively to the fulfilment of the agreed scope of services as well as the agreed period of time and is limited to the amount of the tour fee. Any claims must be made to the tour guide without delay.
§ 2 COSTS OF CANCELLATIONS AND CHANGES:
A guided tour can be cancelled free of charge up to 4 days before the agreed date.
§ 3 CANCELLATION FEE:
In case of late cancellation or no-show of the group: in principle 100 % of the agreed fee.
§ 4 WAITING TIME OF THE TOUR GUIDE:
The tour guide waits 15 minutes after the agreed appointment for the complete appearance of the group. The arranged tour guide is available from the agreed time for the booked time – including the waiting time; the elapsed waiting time is charged to the agreed tour time.
§ 5 PAYMENT OF FEES:
After the guided tour in cash directly to the tour guide (or other method of payment, depending on the agreement).
§ 6 FOREIGN LANGUAGE TOURS:
Separate prices apply for foreign language tours (English).
§ 7 MAXIMUM NUMBER OF PARTICIPANTS:
Currently a maximum of 15 people; additional guides are required for larger groups. For private and individual tours, the number of participants is limited to a maximum of 6 persons.
§ 8 NOTE ON CHURCHES:
Covid 19 restrictions currently apply. No interior tours are currently offered.
§ 9 ENTERING BUILDINGS:
Currently Covid 19 restrictions apply. Currently no interior tours are offered. It is expressly pointed out that entering towers, well houses or other buildings as part of a guided tour is at your own risk.
§ 10 NOTE ON ADVENTURE TOURS:
If torches are used as part of an adventure tour at the request of the guest, the guest must ensure that the torches are only handed out to adult participants in the adventure tour. The tour guide cannot be held liable for any damage caused by the improper handling of a torch. If, despite this advice, torches are carried by children, the parents or carers present will be liable. the parents or carers present will be liable for any damage caused, and not the tour guide. We kindly ask you not to knock out burning torches on houses or to throw them away in a hurry, but only to extinguish them in the containers provided, which the tour guide will point out to you. Burnt or extinguished torches are to be handed over to the tour guide. Due to interactions between guests and tour guides, the duration of the tour may vary depending on the size of the group.
(2) ABGS FOR THE SHIPMENT OF WINE
§ 1 SCOPE OF APPLICATION, DEFINITIONS OF TERMS
(1) The business relationship between Ann Louis, Güntersleben (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. Deviating terms and conditions of the customer shall not be recognised unless the supplier expressly agrees to their validity in writing.
(2) 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 CONCLUSION OF CONTRACT
(1) The customer can select products, in particular wine and gift articles, (hereinafter referred to as goods) from the supplier’s range and request an offer by clicking on the “Order now” button.
(2) In the case of an order for alcoholic beverages, the customer confirms by sending the order that he has reached the legally required minimum age. The seller ensures that the customer has reached the legally required minimum age by using an age verification system. The goods will therefore only be handed over if the customer’s age has been successfully checked and authenticated beforehand.
(3) A binding offer to purchase the goods is sent to the customer by e-mail. However, the offer can only be transmitted if the customer agrees to the terms and conditions of sale, data protection and the processing of his personal data by ticking the appropriate box.
(4) Thus, before the order is sent, the customer is enabled to check the order for correctness of content, in particular price and quantity, and to correct it if necessary.
(5) After receipt of the order, the supplier sends the customer a confirmation of receipt by e-mail in which the customer’s order is listed again. The confirmation of receipt merely documents that the customer’s order has been received by the supplier and does not constitute acceptance of the offer. The contract is not concluded until the ordered goods are sent by the supplier within fourteen days.
(6) The text of the contract can be printed out by the customer using the “Print” function. The text of the contract can also be saved on the customer’s computer by clicking the right mouse button and then entering a command in the menu that appears to save the Internet page with the text of the contract. The text of the contract is also saved by the supplier.
(7) The language available to the customer for the conclusion of the contract is German.
§ 3 DELIVERY
The content of the bottles (in litres) can be found in the respective product description. The goods are shipped in cartons for six or twelve bottles.
§ 4 RESERVATION OF OWNERSHIP
The delivered goods remain the property of the supplier until full payment has been received.
§ 5 PRICES AND SHIPPING COSTS
(1) All prices stated on the Supplier’s website are inclusive of the applicable statutory value added tax.
(2) The corresponding shipping costs within Germany are indicated to the customer in the offer and in the order form and are to be borne by the customer. For international shipping, the costs are to be requested from the supplier.
(3) The goods are dispatched by post, from sixty bottles by forwarding agent. The shipping risk is borne by the supplier if the customer is a consumer; otherwise by the customer.
§ 6 PAYMENT MODALITIES
(1) Payment in advance (bank transfer).
§ 7 WARRANTY
(1) If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
(2) If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
§ 8 CANCELLATION POLICY FOR CONSUMERS
Consumers have the following right of revocation, whereby a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed:
Beginning of the cancellation policy
(1) Right of withdrawal: You have the right to withdraw from 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 full possession of the last goods. To exercise your right of withdrawal, you must inform Ann Louis, Tannenstraße 11, 97261 Güntersleben, email@example.com of your decision to withdraw from this contract by means of a clear statement (e.g. a letter or e-mail sent by post). You can use the attached model withdrawal form for this purpose, 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.
(2) Revocation template:
I/we __________________________ hereby revoke the contract concluded by me/us (name of consumer) for the purchase of the following goods: (please fill in) Total price of the goods: ________________________ (please fill in)
Ordered on:__________________________________ (please fill in)
Erhalten am:_________________________________ (bitte ausfüllen) Name/Vorname_______________________________ Straße/Hausnummer:___________________________ PLZ/Ort:______________________________________ __________________________________________________________
Place, date, signature of consumer(s)
(3) Consequences of withdrawal; If you withdraw from this contract, we must refund 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 delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from 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 for 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 delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. We will bear the costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
End of the cancellation policy
§ 11 NOTES ON DATA PROCESSING
(1) The supplier collects data from the customer in the course of processing contracts. In doing so, it observes in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer’s consent, the provider will only collect, process or use the customer’s inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.
(2) The customer has the possibility at any time to request the deletion / modification of the data stored about him. In all other respects, reference is made with regard to the customer’s consent and further information on data collection, processing and use to the data protection declaration, which can be called up in printable form on the Provider’s website at any time via the Data Protection button.
§ 12 FINAL PROVISIONS
(1) The law of the Federal Republic of Germany shall apply to contracts between the Provider and the Customers to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The contract remains binding in its remaining parts even if individual points are legally ineffective. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become invalid.
(3) The place of jurisdiction for all disputes arising from this contract is Würzburg.