All our offers for the online store are exclusively based on our General Terms and Conditions (GTC) in the latest version.
Status: June 2022
General Terms and Conditions (GTC)
of Kloster Ebernach Weinhandel GmbH & Co KG, Sehler Anlagen 36, 56812 Cochem Sehl, for consumers for the online store www.weingut-ebernach.de/weinshop.
1. scope
These GTC apply to all orders placed via our online store. Our online store is aimed exclusively at consumers with residence in delivery address in Germany.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2. conclusion of the contract
(1) The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained for this purpose in the ordering process. By clicking the order button labeled “Buy with obligation to pay” you make a binding offer to conclude a contract for the purchase of the goods contained in the shopping cart (purchase offer).
(2) The confirmation of receipt of your purchase offer is sent by e-mail immediately after sending the order, which is not yet a binding acceptance of the purchase offer.
(3) By our express order confirmation by e-mail or by sending the ordered goods at the latest within 5 working days (Monday to Friday, with the exception of public holidays in the federal state of Rhineland-Palatinate) after sending the order confirmation by e-mail, we accept your purchase offer.
(4) If, after conclusion of the contract, we determine that we are permanently unable to deliver ordered goods for reasons for which we are not responsible (e.g. due to force majeure, non-delivery despite timely reordering), we may withdraw from the contract. In this case, we will notify you immediately and refund any payments already made.
3. prices, shipping costs
(1) Our prices are based on the prices displayed in the online store at the time of submission of the purchase offer, including the statutory value-added tax, as well as foam and spirits tax, and do not include packaging and transport costs ex works. The packaging and transport costs are shown in the shopping cart. These are within Germany with a number of bottles up to 18 bottles per order 9.50 EUR. The packaging and transport costs are within Germany For a number of bottles from 18 bottles no packaging and transport costs are incurred within Germany.
(2) By prior arrangement, it is also possible to pick up the goods at our winery, address:Weingut Kloster Ebernach, Sehler Anlagen 36 in 56812 Cochem Sehl.
4. payment
In our online store, the following payment methods are generally available to you:
Prepayment
You pay the invoice amount before receiving the goods and the invoice by bank transfer to our bank account. We reserve the right to offer purchase on account only after a successful credit check. Likewise, we reserve the right to refuse purchase on account for other reasons (such as the amount of the value of the order).
If you choose the payment method invoice, there are no additional costs.
Credit card
By submitting the purchase offer, you provide your credit card information. We accept credit cards from mastercard and visa. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your credit card will be charged.
If you choose the credit card payment method, there are no additional costs.
PayPal
In the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
If you choose the payment method PayPal, there are no additional costs.
5. retention of title
The goods remain our property until they have been paid for in full.
6. delivery
(1) Delivery shall be made at the latest within 5 working days (Monday to Friday, with the exception of public holidays in the Federal State of Rhineland-Palatinate) after the order confirmation has been sent by e-mail.
(2) Should a partial delivery become necessary, we will coordinate this with you in advance.
7. transport damage
If goods are delivered with obvious transport damage, please complain about such defects immediately to the delivery person and take
please contact us as soon as possible.
Failure to make a complaint or contact us will have no consequences for your statutory warranty claims. However, they help us to be able to assert our own claims against the carrier or the transport insurer.
8. claims in the event of defects
As a consumer, you have the legal rights in the event of a defect.
9. liability for damages and reimbursement of expenses
(1) For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation in the event of injury to life, body or health, in the event of intentional or grossly negligent breach of duty, in the event of warranty promises, insofar as agreed, or insofar as the scope of application of the Product Liability Act is opened.
(2) In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper performance of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
(3) Our liability for the slightly negligent breach of non-contractual obligations is excluded.
(4) The above provisions shall apply mutatis mutandis to our liability for reimbursement of futile expenses.
10. limitation of claims for defects and damages
The statutory regulations apply.
11. dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
12 Liability of the user
1. liability of the user for the use of the password
The user is responsible for the secrecy and use of his password. In particular, the user is obligated to store the password with special care and to prevent third parties from obtaining knowledge of the password. In case of unauthorized use of the User’s password, the User shall indemnify Paul Parey from any and all liability, unless the User has exercised the due diligence required in the ordinary course of business. The user is obliged to inform Paul Parey immediately if there is reason to believe that the password is being used without authorization.
2. liability of the user for his data
The user himself is responsible for the correctness and up-to-dateness of his personal or company data – including the authorization to use protected professional titles. If the user makes false statements or does not update his statements in reasonable time intervals, the user releases Paul Parey from any liability with regard to his statements, unless he has observed the due diligence required in the course of trade.ur participation in a dispute resolution procedure before a consumer arbitration board is neither obligatory nor willing.
13. protection of minors
If your order includes goods whose sale is subject to age restrictions, we ensure that the customer has reached the required minimum age by using a reliable procedure involving personal identity and age verification. The deliverer hands over the goods only after age verification and only to the customer personally.
14 Choice of Law and Severability Clause
(1) The contractual relationship between you and us shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) Should any provision of these GTC be or become invalid, the remaining provisions shall remain valid. In place of the invalid provision, that provision shall then apply which the parties would have agreed upon with knowledge of the invalidity of the individual GTC clauses in order to bring about the economic success of this clause. The same applies in the case of regulatory gaps.
In dealings between Kloster Ebernach Weinhandel GmbH & Co KG and the user, who is an entrepreneur, the exclusive place of performance and jurisdiction for all claims – as far as permissible – is the Local Court of Cochem or the Regional Court of Koblenz.
Right of withdrawal
Cancellation Policy:
1. right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must inform us (Kloster Ebernach Weinhandel GmbH & Co KG,Sehler Anlagen 36, 56812 Cochem Sehl, 02671-232 42 55 – [email protected]) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, or e-mail). You can use the enclosed sample revocation form for this purpose, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
2. consequences of the 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 most favorable standard delivery offered by us), without undue delay and at the latest 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 for this repayment. We may refuse to refund you 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 immediately 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 deadline of fourteen days. You bear the direct costs of returning the goods. You only have to pay for any loss of value of the goods if this loss of 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.
3. sample cancellation form
If you want to cancel the contract, please fill out this form and send it to:
Kloster Ebernach Weinhandel GmbH & Co KG, Sehler Anlagen 36, 56812 Cochem Sehl
Tel: 02671-232 42 55
E-mail: [email protected]
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of notification on paper)
Date
