Conditions

General Terms and Conditions of Business

1 General, scope of application of these GTC

a) The following General Terms and Conditions shall apply to the contracts concluded between Domdechant Werner’sches Weingut, owner: Dr. Franz Michel, Rathausstr. 30, 65234 Hochheim, Germany (hereinafter referred to as DOMDECHANT WERNER) and the customer (hereinafter referred to as CUSTOMER). The inclusion of the Customer’s own General Terms and Conditions of Business is hereby rejected unless the parties agree otherwise.
b) The order processing and contact also takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him is correct so that e-mails sent by the seller can be received at this address. If SPAM filters are used, it must be ensured that all e-mails sent by the Seller or third parties commissioned by the Seller with the order processing can be delivered.

2. protection of minors
a) By placing an order with DOMDECHANT WERNER the customer confirms that he has reached the age of 18.
b) The customer shall be obliged to ensure that only he himself or persons of full age authorised by him to accept the delivery accept the delivery of goods. Upon delivery, the commissioned logistics provider is entitled to demand proof of age.
c) Insofar as persons of legal age do not place orders, DOMDECHANT WERNER hereby revokes the contract as a precautionary measure in accordance with § 109 BGB. The persons of full age who are entitled to take care of or represent the minor ordering under false information shall be liable in accordance with the statutory provisions for all damages arising from orders placed under false information.

3. conclusion of the contract
a) The offers of goods by DOMDECHANT WERNER on the Internet do not constitute a binding offer to conclude a purchase contract but an invitation to place an order (customer’s purchase offer).
b) Orders placed via the above-mentioned Internet shop represent an offer to DOMDECHANT WERNER to conclude a purchase contract. DOMDECHANT WERNER can accept the customer’s offer within five days of the customer having sent his offer by sending the customer an order confirmation, whereby the conclusion of the contract shall be based on the receipt of the order confirmation by the customer or the delivery of the ordered goods to the customer (the receipt of the goods by the customer being decisive in this respect) or on the request for payment by DOMDECHANT WERNER to the customer after the order has been placed.
If several of the aforementioned alternatives are available, the contract shall come into effect at the time when the first alternative occurs.
If the offer is not accepted within this period, the customer shall no longer be bound by his offer.
c) The text of the contract is not stored by DOMDECHANT WERNER and cannot be retrieved after completion of the ordering process. However, the customer can print out the order data immediately before sending it using the print function of his browser and will receive an e-mail after the order has been placed in which the customer’s order is listed again.
d) The contract language is German.

4. order procedure
The customer can currently submit his purchase offer in the following ways: by telephone, in writing by e-mail or via the DOMDECHANT WERNER Online Shop. The data provided by the customer shall only be used for the execution and delivery of the order and shall not be passed on to third parties by DOMDECHANT WERNER.
For orders via our online shop, please proceed as follows:
a) Select the desired quantity of the product by direct entry or via the selection fields (“-/+”) and place it in the shopping basket by clicking on the “Add to basket” button. You can then display the shopping basket.
b) You can access the shopping basket at any time by clicking on the “Checkout” button in the upper right-hand information field.
c) You can then continue shopping or click on the “Checkout” button to proceed to the next stage of your order.
d) In the next step you have three options for placing your order:
(1) Login for registered customers – by entering the stored e-mail address and password.
or
(2) Placing an order as a guest (“Order without account”)
or
(3) Order and register as a customer (“I do not have an account yet”). Now enter your personal details.
e) After entering your data and selecting the payment method, the entire shopping basket will be displayed again. If changes are necessary, you can still make them (“Change”).
f) Before you can place the order, you must accept the General Terms and Conditions and the cancellation policy as well as our data protection declaration.
g) Finally, you place your order with the button “Order now for payment” to make it legally binding.
h) If you have selected PayPal as your payment method, you will be redirected directly to the PayPal site and complete the payment process there with “Pay now”. Afterwards our shop page will appear again.

5. prices and payment methods
a) The prices at the time of the order by the customer apply. All prices are to be understood as final prices, i.e. including the statutory value added tax and, if applicable, the excise tax. The shipping costs incurred are not included in the purchase price. Additional costs for special deliveries or costs resulting from multiple delivery attempts will be charged to the customer.
b) DOMDECHANT WERNER currently offers the following payment methods:
– Payment in advance/bank transfer
– Payment by PayPal
– Payment by invoice
c) If the payment method “prepayment/bank transfer” is selected, the Customer will be informed of the bank details in the order confirmation and the goods will be delivered after receipt of payment.
If the customer selects “bank transfer/advance payment” as the method of payment, DOMDECHANT WERNER shall reserve the goods in question for a period of 14 days following receipt of the order, starting on the date of the advance invoice. If no payment is made within this period, the reservation shall lapse.
d) Please note the following for the “PayPal” payment method: You must be registered there or register first, authenticate with your access data and confirm the payment order to us (exception possibly guest access). When paying by means of a payment method offered by PayPal, the payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, which can be viewed at
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
or – if you do not have a PayPal account – subject to the conditions for payments without a PayPal account, available at:
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

6. shipping costs
The customer takes the shipping costs from the concrete information in the order process. A free collection in the retail shop is possible.

7. delivery
a) Collection from the winery by arrangement.
b) Deliveries will be made to the delivery address specified by the customer in accordance with the shipping conditions applicable at the time of ordering.
c) Please understand that we can only deliver our wines in units of six bottles each due to shipping reasons! Therefore we would like to ask you to select your order quantity so that the total number of bottles is divisible by six – i.e. 6/12/18/24/etc. bottles.
d) The delivery is carried out by parcel service or forwarding agent. The standard delivery time is given as 3-4 working days, excluding Sundays and public holidays.
e) If the customer is in default of acceptance or culpably violates other duties to cooperate, DOMDECHANT WERNER shall be entitled to demand compensation for the damage caused thereby, including any additional expenses. DOMDECHANT WERNER expressly reserves the right to assert further claims. Similarly, in the event of default of acceptance by the Customer, the risk of accidental loss or deterioration of the item shall pass to the Customer.
f) If the customer is not a consumer, the delivery and shipment shall be at his risk.

8. instruction of revocation
Consumers within the meaning of § 13 BGB have a statutory right of withdrawal.
They have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. In order to exercise your right of withdrawal, you must give us:
Domdechant Werner’sches Weingut
Town hallstr. 30
D-65234 Hochheim am Main
Phone: +49 (0) 6146 / 835037
Fax: +49 (0) 6146 / 835038
e-mail: weingut@domdechantwerner.com
inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached model revocation form, which is not mandatory. In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of withdrawal

If you withdraw from this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery to the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your withdrawal from this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement. This period is deemed to have been observed if you send the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
is to be attributed.
The right of revocation does not apply to distance selling contracts
▪ for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded,
▪ for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
▪ for the supply of alcoholic beverages, the price of which was agreed upon at the conclusion of the contract, but which
can be delivered at the earliest 30 days after conclusion of the contract and their current value of
depends on fluctuations in the market over which the entrepreneur has no control.

9. return modalities
a) The customer is required to avoid damage and contamination so that the goods can be returned to DOMDECHANT WERNER in a resalable condition. If possible, the original packaging should be used for this purpose. Should the original packaging no longer be available, the customer can provide adequate protection against transport damage by using another suitable packaging.
b) The aforementioned paragraph is not a prerequisite for the effective exercise of the right of withdrawal.

10. transport damage
If goods are delivered with obvious transport damage, the customer should complain about such defects to the deliverer as soon as possible and contact DOMDECHANT WERNER immediately. Failure to complain or contact DOMDECHANT WERNER shall have no consequences whatsoever for the customer’s legal claims and their enforcement, in particular his warranty rights. DOMDECHANT WERNER
is thereby enabled to assert his own claims against the carrier or transport insurance company.

11. retention of title
DOMDECHANT WERNER reserves title to the delivered item until all claims arising from the supply contract have been paid in full.

12. warranty
a) All goods from the DOMDECHANT WERNER Online Shop are subject to statutory
Warranty rights.
b) If the customer is an entrepreneur within the meaning of the German Civil Code (BGB), the customer is obliged to give immediate notice of defects on the basis of § 377 HGB. He must therefore notify DOMDECHANT WERNER of the defect in writing immediately after receipt of the goods from DOMDECHANT WERNER. Should he fail to do so, the assertion of warranty claims shall be excluded.

13. tartar etc.
Tartar and deposit do not reduce quality and are no grounds for complaint. Cork tartar and other clear wine defects will be replaced on presentation of the wine up to a maximum of 2 years after purchase.
14. dispute settlement
a) We hereby inform you about the Online Dispute Resolution (ODR). The EU provides a dispute resolution platform under the following link: http://ec.europa.eu/consumers/odr/
b) In accordance with § 36 (1) No. 1 of the Consumer Dispute Settlement Act (VSBG) DOMDECHANT WERNER draws attention to the fact that DOMDECHANT WERNER is neither willing nor obliged to take part in dispute settlement proceedings before consumer arbitration boards.

15 Place of jurisdiction
a) Insofar as the customer is an entrepreneur, the place of jurisdiction for all disputes arising from contractual relationships between the customer and DOMDECHANT WERNER shall be the court in Wiesbaden competent for the company’s registered office on this side of the road.
b) Irrespective of this, DOMDECHANT WERNER shall in any case be entitled to bring an action against the customer at another statutory place of jurisdiction.
c) If, on the other hand, the customer is a consumer within the meaning of the German Civil Code, the following shall apply:
Legal action by DOMDECHANT WERNER against the consumer shall be brought in accordance with the statutory
jurisdiction according to § 13 ZPO at the customer’s place of residence.
Status: May 2020