Terms and Conditions
§ 1 Validity, definitions
(1) Weingut Ökonomierat Lind GbR Represented by: Rüdiger Lind, Elena Lind, and Jutta Mai, Hauptstraße 56, 76865 Rohrbach/Südpfalz, Germany (hereinafter referred to as "we" or "Weingut Ökonomierat Lind online shop") operates an online shop for goods at https://weingut-oekonomierat-lind.de/. The following general terms and conditions apply to all services between us and our customers (hereinafter referred to as "customer" or "you") in the version valid at the time of the order, unless otherwise expressly agreed. (2) "Consumer" within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their 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 their commercial or independent professional activity, whereby a partnership with legal capacity is a partnership that has the capacity to acquire rights and enter into liabilities.
§ 2 Conclusion of contracts, storage of contract text
(1) The following provisions regarding the conclusion of a contract apply to orders placed via our online shop at https://weingut-oekonomierat-lind.de/. (2) Our product descriptions on the Internet are non-binding and do not constitute a binding offer to conclude a contract. (3) Upon receipt of an order in our online shop, the following provisions apply: The customer submits a binding contract offer by successfully completing the order procedure provided in our online shop. The order is placed in the following steps:
- Selection of the desired goods,
- Adding products by clicking on the corresponding button (e.g., "Add to cart," "Add to shopping bag," or similar),
- Reviewing the information in the shopping cart,
- Calling up the order overview by clicking on the corresponding button (e.g., "Proceed to checkout," "Proceed to payment," "To the order overview," or similar),
- Entering/checking address and contact details, selecting payment method, confirming terms and conditions and cancellation policy,
- If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
- Complete your order by clicking on the "Buy now" button. This constitutes your binding order.
- The contract is concluded when you receive an order confirmation from us at the email address you provided within three business days.
(4) In the event of a contract being concluded, the contract shall be concluded with Weingut Ökonomierat Lind GbR, represented by: Rüdiger Lind, Elena Lind, and Jutta Mai, Hauptstraße 56, 76865 Rohrbach/Südpfalz, Germany. (5) Before placing an order, the contract details can be printed out using the browser's print function or saved electronically. The order will be processed and all information required in connection with the conclusion of the contract, in particular the order details, the General Terms and Conditions, and the cancellation policy, will be sent by email after you have placed your order, in some cases automatically. We do not store the contract text after the contract has been concluded. (6) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g., the browser's "Back" button). They can also be corrected by canceling the order process prematurely, closing the browser window, and repeating the process. (7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided us with is correct, that the receipt of emails is technically ensured and, in particular, that it is not prevented by spam filters.
§ 3 Subject matter of the contract and essential characteristics of the products
(1) In our online shop, the subject matter of the contract is:
- The sale of goods. You can find the specific goods on offer on our product pages.
(2) The essential characteristics of the goods can be found in the item description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this will be expressly stated in the item description (negative quality agreement). If the customer has given their express consent to the negative quality deviation, this defines the subject matter of the contract.
§ 4 Prices, shipping costs, and delivery
(1) The prices stated in the respective offers and the shipping costs are total prices and include all price components, including all applicable taxes. (2) The respective purchase price must be paid before delivery of the product (prepayment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly labeled button in the online shop or in the respective offer. Unless otherwise specified for the individual payment methods, payment claims are due immediately. (3) For purchases on account,the minimum order value is$10and the maximum ordervalue is $500.00for thispaymentmethod. (4) In addition to the prices quoted, shipping costs may be incurred for the delivery of products, unless the respective item is marked as free of shipping costs. The shipping costs will be clearly communicated to you in the offers, in the shopping cart system, if applicable, and again in the order overview. (5) Unless clearly stated otherwise in the product description, all products offered are ready for immediate shipment (delivery time: 2-3 business days after receipt of payment or after receipt of the order for purchases on account). (6) The following delivery restrictions apply: Delivery is available to the following countries: Austria, Belgium, Bulgaria, Cyprus, Czechia, Germany, Denmark, Estonia, Spain, Finland, France, Greece, Croatia, Hungary, Ireland, Italy, Lithuania, Luxembourg, Latvia, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Slovenia, Slovakia. (7) If delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of delivery if you effectively exercise your right of withdrawal. If you effectively exercise your right of withdrawal, the return costs shall be governed by the provisions set out in our withdrawal policy.
§ 5 Right of retention, retention of title
(1) You may only exercise a right of retention if the claims arise from the same contractual relationship. (2) The goods remain our property until the purchase price has been paid in full.
§ 6 Right of withdrawal
As a consumer, you have a right of withdrawal. This is governed by ourwithdrawal policy.
§ 7 Contract language
German is the only language available for the contract.
§ 8 Liability
(1) Subject to the following exceptions, our liability for breaches of contractual obligations and for tort is limited to intent or gross negligence. (2) We shall be liable without limitation for slight negligence in the event of injury to life, limb, or health or in the event of a breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible, or if we have breached a material contractual obligation, liability for property damage and financial loss attributable thereto shall be limited to theforeseeable damage typical for this type of contract. An essential contractual obligation is one whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract, and on whose compliance you can regularly rely. This includes, in particular, our obligation to take action and fulfill the contractually owed performance, as described in § 3.
§ 9 Warranty
(1) The warranty is governed by the statutory provisions. (2) For entrepreneurs, the warranty period for delivered goods is 12 months. (3) As a consumer, you are requested to check the goods/digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will of course have no effect on your statutory warranty claims.
§ 10 Final provisions/Dispute resolution
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence (principle of favorability). (2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply. (3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's registered office.
§ 11 Copyright notice
(1)The photos posted on our website and the texts created by us are protected by copyright. Unauthorized copying and publication of these (even in part) will be prosecuted under criminal and civil law in accordance with § 97 UrhG (German Copyright Act).
(1)Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, or should the agreements contain a loophole, this shall not affect the validity of the remaining provisions.
§ 12 Severability clause
(1)Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, or should the agreements contain a loophole, this shall not affect the validity of the remaining provisions.
Child protection
In accordance with the Youth Protection Act, we only sell and deliver alcoholic beverages to persons who are at least 18 years of age. The delivery person is entitled to request proof of age.