General Terms and Conditions of the Scholerhof Winery/Distillery
§ Section 1 Scope of application
(1) The following regulations on the conclusion of contracts apply to orders placed via our Internet shop https://iriskraderdrygin.com
(2) In the event of the conclusion of a contract, the contract shall be deemed to have been concluded with
Iris Krader
Viticulture/Distillery Scholerhof
Eschbacher Straße 22
79423 Gallenweiler
Phone: +49 (0) 7633 / 6815
Fax: +49 (0) 7633 / 9391422
e-mail: iris@scholerhof.de
and you as our customer. The general terms and conditions apply regardless of whether you are a consumer, entrepreneur or merchant. The inclusion of deviating conditions of the customer is contradicted, unless otherwise agreed.
(3) Customers within the meaning of these terms and conditions are both consumers within the meaning of § 13 BGB (German Civil Code) and entrepreneurs within the meaning of § 14 BGB. The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly 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 independent professional activity.
§ 2 Conclusion of a contract, storage of the contract text
(1) The presentation of the goods in our internet shop does not constitute a legally binding offer of contract on our part, but is merely a non-binding invitation to the customer to order goods. By ordering the desired goods, the customer submits a binding offer to conclude a purchase contract.
(2) The offer can be accepted via the online order form integrated in our online shop, in which you select the goods from our range and collect them in a so-called shopping basket by clicking on the button “add to basket”. After going through the electronic ordering process and by clicking the button “buy now” you complete the ordering process and submit a legally binding contractual offer to purchase the goods in the shopping cart. Before sending the order, you can change and view the information and selected products at any time. However, the offer can only be made and transmitted if you activate the checkbox “With your order you agree to our General Terms and Conditions, revocation provisions and data protection provisions”. You can also submit your offer to us by telephone or e-mail.
(3) We confirm receipt of your order immediately by an automatically generated e-mail (“order confirmation”). With this we accept your offer.
(4) If you select prepayment by bank transfer as your method of payment during the online ordering process, we hereby declare the acceptance of your offer at the time you initiate the payment process. If you choose PayPal as payment method during the online order process, we declare the acceptance of your offer at the moment you initiate the payment process. The payment process is triggered when the customer clicks the button “order subject to payment” and thus completes the order process.
(5) The contract is concluded in German language.
§ 3 Prices, terms of payment
(1) Unless otherwise stated in the description of the goods, prices are stated in EUR and include the applicable statutory value added tax.
(2) If the delivery is to be made outside the European Union, further costs, such as customs duties, may be incurred. Transfer fees, exchange rate charges, etc. may also be incurred for transfers from countries outside the European Union. These are to be borne by you.
- The following payment methods are available to you: Payment in advance by bank transfer, cash on collection or payment via the payment service provider PayPal.
- If you select the payment method prepayment by bank transfer, payment is due immediately after conclusion of the contract, unless we have agreed a later due date.
- If you choose one of the payment methods offered by PayPal, the payment will be processed via the payment service provider PayPal (Europe). The terms of use of PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If you do not have a PayPal account, the transaction will be processed under the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
§ 4 Delivery and shipping conditions
- We deliver the goods according to the agreements made with you. If you select PayPal as your payment method, you will be informed that the goods will be delivered to the delivery address stored with PayPal.
- Any shipping costs incurred are listed in the product description and are shown separately on the invoice.
- Further information can be found under the point (https://iriskraderdrygin.com/versand-und-zahlungsbedingungen).
§ 5 Right of withdrawal
(1) If you are a consumer, you are entitled to a right of revocation in accordance with the statutory provisions. A consumer in the sense of § 13 BGB is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
(2) Further information on the right of revocation can be found in our revocation instruction.
§ 6 Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
§ 7 Warranty
(1) We are liable for material defects or defects of title of delivered goods according to the applicable statutory provisions, in particular §§ 434 et seq. GERMAN CIVIL CODE. The limitation period for legal claims for defects is two years and begins with the delivery of the goods.
(2) If you acquire goods as an entrepreneur, the following shall apply in deviation to paragraph 1:
- an insignificant defect does not justify any warranty claims
- in the event of delivery of a defective purchased item, we as the supplier have the choice of the type of subsequent performance
- the limitation period for defects is one year from the transfer of risk
- If a replacement delivery is made within the scope of liability for defects, the limitation period shall not recommence
This does not apply to damages resulting from injury to life, body or health, which are based on an intentional or negligent breach of duty on our part or on an intentional or negligent breach of duty by one of our legal representatives or vicarious agents and for other damages, which are based on an intentional or grossly negligent breach of duty on our part or on an intentional or grossly negligent breach of duty by one of our legal representatives or vicarious agents, as well as for the case that we have fraudulently concealed the defect. Furthermore, claims according to § 478 BGB remain unaffected.
§ 8 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability in case of intent and gross negligence in accordance with the statutory provisions for damages or compensation for futile expenditure.
(2) In other cases we shall be liable – unless otherwise provided for in paragraph 3 – only in the event of a breach of a contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), and this shall be limited to compensation for foreseeable and typical damage. In all other cases our liability is excluded subject to the provision in paragraph 3.
(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
§ 9 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the Scholerhof winery/distillery. In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.
§ 10 Online dispute resolution
The EU Commission provides a platform on the Internet which serves to settle out-of-court disputes arising from online service or sales contracts between consumers and businesses.
The platform for online dispute resolution of the EU Commission can be found here: http://www.ec.europa.eu/consumers/odr
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Status as of January 2019