AGB & Info
AGB & Info
General Terms and Conditions
General Terms and Conditions (as of 09 .05.2016)
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General terms and conditions and customer information
Organic - Wine Box
Owner: Bettina Büber
GENERAL TERMS AND CONDITIONS:
1 Scope of application
For business relations with the customer, the following General Terms and Conditions apply to orders placed via the Internet store in the version valid at the time of the order.
Customers are both consumers and entrepreneurs. Consumer (§ 13 BGB) Consumer is any natural person who enters into a legal transaction for a purpose that can be attributed predominantly neither to his commercial nor his independent professional activity. Entrepreneur (§ 14 BGB) 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 contract
The contract language is German. The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. After entering your personal data and by clicking the appropriate button, in the final step of the ordering process, you make a binding offer to purchase the goods contained in the shopping cart. Before submitting the order, you have the opportunity to identify any input errors and correct and / or change them with the help of the correction function.
The confirmation of receipt of the order follows immediately after sending the order. This automatic confirmation of receipt merely documents that we have received the order and does not constitute acceptance of the order.
We are entitled to accept your order within 1 working day after receipt, by sending an order confirmation in writing or in text form (eg email), in which you are asked to pay, you are confirmed the processing of the order or the delivery of the goods. After fruitless expiration of the deadline, the offer is considered rejected, so that no purchase contract is concluded. Notwithstanding the foregoing, if you choose an online payment method or another prepayment method during the ordering process, the contract shall be concluded at the time you initiate the payment.
Only the payment methods displayed in the order process are accepted. The available payment methods can be viewed in advance on the website.
Delivery is made by sending the goods to the address provided by the customer.
Delivery is made against the packaging and shipping costs displayed in the ordering process, which can be viewed in advance in the customer information. If, despite careful planning, an item is not available through no fault of the customer, the customer will be informed of this by e-mail and any payments already made will be refunded.
5 Retention of title
The delivered goods remain our property until full payment of the purchase price.
Tartar may form in the wine. This is not a defect of the wine, but a natural process. The occurrence of tartar is therefore not a reason for complaint.
7 Protection of minors
According to §9 (1) Youth Protection Act (JuSchG) alcoholic beverages applies:
In restaurants, points of sale or otherwise in public, the following are prohibited
1. sell spirits, spirituous beverages or foodstuffs containing spirits in more than negligible quantities to children and adolescents,
2. other alcoholic beverages to children and adolescents under the age of 16.
nor may they be allowed to consume them.
The use of our ordering system is generally only permitted to persons who are not prohibited by §9 JuSchG to purchase the items offered by us.
With your purchase you expressly confirm that you do not belong to these groups of persons.
By placing an order using the online ordering system of Bio - Weinkiste ( Bettina Büber ) and the associated indication of your date of birth and the likewise associated acceptance of our terms and conditions, you further undertake to ensure that the orders of goods belonging to the goods mentioned in §9 JuSchG do not fall into the hands of persons of the groups of persons excluded by §9 JuSchG, neither upon delivery nor at a later date. You further undertake to either personally accept the consignment of goods or to ensure that the acceptance by persons who are prohibited by §9 JuSchG from acquiring the goods offered by us is effectively prevented.
The Bio - Weinkiste (owner Bettina Büber) is also entitled to request proof of age before executing the order, or to carry out an age check.
For orders with payment method cash on delivery (currently only possible via a special agreement), proof of age for the first order is generally provided by the customer.
The Bio - Weinkiste (owner Bettina Büber) reserves the unrestricted right to refuse orders from customers where there are doubts about the age.
The legal liability for defects applies.
9 Transport damages
Please complain about transport damages immediately to the deliverer, and please contact us. The contact details can be found in the imprint.
Please note that failure to complain or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the transport company.
If you act as an entrepreneur, § 377 HGB (German Commercial Code) applies with regard to the standard of review.
10 Transfer of risk
In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the consumer upon handover of the goods, even in the case of sale by delivery to a place other than the place of performance.
In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon handover, in the case of sale to destination upon delivery of the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
It is equal to the handover if the customer is in default with the acceptance.
11 Choice of law and place of jurisdiction
All disputes arising from this legal relationship are subject to the law of the Federal Republic of Germany. If the customer is a consumer, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (favorability principle).
The validity of the UN Convention on Contracts for the International Sale of Goods is excluded. If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the court in which we have our registered office shall have jurisdiction, unless an exclusive place of jurisdiction is established for the dispute.