General Terms and Conditions of Sale
Dated 29th of April, 2009
The following general terms and conditions of sale revoke all previous terms and conditions of sale.
The following general terms and conditions of sale regulate the formation and settlement of contracts between Weingut Bergdolt-Reif & Nett GbR of Dudostraße 24, D-67435 Neustadt GERMANY (hereinafter called the Winery) and its customers (hereinafter called the Purchaser).
I. Object of General Terms and Conditions of Sale
1. The object of the general terms and conditions of sale is to regulate the contractual terms for all contracts between the winery and the Purchaser.
The general terms and conditions of sale also apply to contracts concluded by “distance” as defined under Section 312B ff BGB (German Civil Code) including telephone, fax, email, brochure, letter or telesales.
2. Any other terms or conditions expressed by the purchaser which conflict or deviate from the general terms and conditions of sale herein, are invalid unless expressly agreed to in writing by the Winery.
3. In so far as these general terms and conditions of sale apply to trade with a commercial enterprise, such terms and conditions of sale only apply in respect to an commercial buyer when contracting in the exercise of his/her commercial or self-employed business activities and also in respect to juristic persons as well as other body corporate, public legal entities and public trusts.
II. Conclusion of Contract
1. Offers made by the Winery on the Winery`s website, in our current `wine offers´ or through other media are non-binding, are only publicity measures and should only be construed as an invitation to treat.
2. Through online orders via our website, orders per telephone or facsimile machine, or orders placed through our order form, the Purchaser acknowledges and declares acceptance of the goods to be purchased.
The acceptance of an offer made by the Purchaser is made through the delivery of goods by the Winery to the Purchaser or by means of acceptance of such order by way of confirmation by the Purchaser. Therefore a mere acknowledgment of receipt of an offer is not an acceptance of such offer.
III. Protection of Children and Minors
Alcoholic beverages are not sold by the Winery to persons under the age of 16 years or the minimum permitted age by law in the jurisdiction in which delivery is requested. Sprits are not sold by the Winery to persons under the age of 18 years or the minimum permitted age by law in the jurisdiction in which delivery is requested. The Winery retains the right to seek proof of age of the purchaser.
IV. Right of revocation of Consumer Contracts with Consumers from Germany.
1. Purchasers are entitled within one month after the formation of the contract – made between the Winery and the Purchaser under “distance” as defined at I (1) above - to revoke through declaration such contract.
2. Such revocation period begins upon receipt of goods by the Purchaser.
3. But not before the Winery has met its consumer information duty as set out by section 312c (2) of the German Civil Code (BGB) in conjunction with Section 1 (2) & (3) of the Regulation on information and evidence obligations under civil law (BGB-InfoV) and Section 312e (1) of the German Civil Code (BGB).
4. Revocation must be in written form. Revocation may also be communicated through the return of the goods to the Winery by the Purchaser. The Purchaser is not required to furnish grounds for such revocation. The Purchaser is deemed to have met the revocation period with the return postage of the goods within such period.
5. Upon revocation the goods must be immediately returned to the Winery, at the Winery`s own costs and risk, in so far as revocation has not already be conducted by the return of the goods. For orders up to a value of €40.00 the Purchaser is obliged to carry the costs of return, unless such return is of goods which were not ordered by the Purchaser.
6. The requirement of the Purchaser to return goods does not apply where it is not possible to effect such return by postal packet, in such case the Winery shall arrange for the collection of the goods.
7. The right of revocation and return do not apply to contracts for the sale of goods where such goods are produced according to the Purchaser`s specific specifications, where such goods are clearly personalized or tailored for Purchaser or where by the nature of the goods, return is not feasible.
Revocation and return to the Winery is to be made through the following address:
Weingut Bergdolt-Reif & Nett GbR
Herrn Christian Nett
Dudostr. 24,
D-67435 Neustadt/Weinstraße OT Duttweiler
GERMANY
V. Consumer revocation rights for Purchasers in Austria.
1. Austrian consumers as defined by the Austrian Consumer Protection Laws (KschG) have, upon entering into a “distant” contract as specified by Sections 5a ff. KschG, the possibility to rescind such contract within seven working days – in this regard Saturdays are not counted as a workday. This revocation period begins upon receipt of the goods by the Purchaser. The seven working day revocation period is met by the Purchaser upon the posting of the goods to the Winery within such period.
2. Upon revocation of the contract, such Purchaser is responsible for all costs for the return of the goods to the Winery, regardless of the value of the goods.
VI. Prices
1. All quoted prices include Value Added Tax (Sales Tax).
2. All prices are quoted ex-winery, without packaging, shipping or other costs.
3. Payments on foot of our invoices are due immediately and must be settled, unless otherwise expressly agreed, without discount or other deductions. Payment may be made in cash, by credit transfer or by cash on delivery.
4. The Purchaser may stipulated that the goods be collected by or on behalf of the Purchaser from the Winery or at the request of the Purchaser may be shipped. Shipping costs and goods will then be invoiced.
For first-time orders from new Purchasers, orders are accepted only against prior payment or cash on delivery.
5. Current shipping costs within Germany as of May 2009 are as follows:
Under 18 bottles a flat-rate €8.00 applies
For 18 bottles or more or for a value in excess of €100.00, shipping costs are carried by the Winery.
For shipping outside Germany, please ask when ordering.
It is the responsibility of the Purchaser to ascertain the shipping costs from the Winery for delivery outside Germany when placing an order.
6. All offers are subject to change and subject to availability. For items which are out-of-stock (including Sparkling-Wines) we are happy, after consultation with the Purchaser, to offer an equivalent item of equal value.
7. Any rebate, discount or individual payment terms are valid only when settlement of issued invoice is made within the prescribed manner therein stated; otherwise the full invoice amount becomes due.
8. In addition a charge of €5.00 shall be payable by the Purchaser for any reminder of payment due made by the Winery. This charge is to cover administration and postage expenses.
VII. Delivery to Purchaser
1. In the event of contracts with commercial enterprises as defined at I (3) herein, in which goods are to be delivered to the Purchaser, upon delivery of such goods by the Winery to a shipping agent or carrier or other such person or institute, the responsibility and risk for said goods moves from the Winery to the Purchaser, including the risk or accidental loss or damage.
VIII. Conditional Ownership
1. The Winery retains full ownership of delivered goods until the full payment for such goods has been made.
2. In the case of contracts with commercial enterprises as defined at I (3) herein, the Winery shall retain ownership of the goods until fulfilment of all outstanding obligations (Kontokorrent-Vorbehalt - Section 449, German Civil Code) arising from the business relationship between the Winery and Purchaser, including any outstanding payments against the Purchaser´s account with the Winery.
IX. Liability for Deficiencies
1. Statutory provisions apply for defective goods.
2. During storage tartrate crystals may form in the wine; this is a natural process, from which the quality of the wine is not affected. Notwithstanding, should the Purchaser still have reason to return such wine, we are glad to exchange the returned wine within a reasonable period with a wine of equal value so long as the returned wine is unopened and sealed.
3. In contracts with commercial enterprises, the Winery has under “Subsequent Performance” (Nacherfüllung) as defined under the German Civil Code (BGB) the right of choice as between the rectification of a deficiency or the replacement of the goods with deficient free goods. A limitation period of one year from the date of delivery of goods for claims for deficiency of goods by the Purchaser shall apply.
4. Claims of compensation by the Purchaser arising from alleged defects are dependent upon the Purchaser making such claim within one month after delivery of goods. This excludes commercial enterprises` onus of inspection and rebuke time periods under section 377 of the German Commercial Code (HGB).
X. General limitations of liability in dealings with Commercial
Enterprises.
1. In all cases, in which we are obligated to commercial enterprises based on contractual or legal claim bases for compensation for damage and expense, the Winery is liable only for the liability of its employees, servants or agents for compensation for damage and expense arising from the intentional damage and loss, the gross negligence, injury to life, body or health (personal injury) by the Winery, its employees, servants or agents.
2. This excludes any liability or statutory obligations by the Winery, its employees, servants or agents as set out under German Product Liability Laws (ProdHaftG).
3. This does not affect any liability for damage or injury arising from breach of primary contractual obligations.
4. Excluding the aforesaid at X (1) & (2) herein, liability of the Winery, its employees, servants or agents, is restricted to typical and foreseeable damages arising from the breach of contract. A moving of burden of proof prejudicial to the Purchaser is not effected by the aforesaid.
XI. Data Protection & Storage
Customer and order data (contract data) is used by the Winery exclusively for the settlement of orders and are stored on our customer card index. Under no circumstances is data shared or exchanged by the Winery with a third party.
XII. Place of Performance, Jurisdiction and Legal System.
1. Place of performance of all contracts between the Winery and the Purchaser is the Winery.
2. To the exclusion of the United Nations Regulations on international Contracts for Sale of Goods (CISG), the Laws of the Federal Republic of Germany shall apply to the provisions of these General Conditions of Sale; save for contracts entered into with customers residing in the Republic of Austria, in such case the laws of the Republic of Austria shall apply.
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Terms and Conditions
