General terms and conditions of business
1. General, scope of these Terms and Conditions
a) The following General Terms and Conditions apply to the contracts concluded between Weingut Johannishof, owner: Johannes Eser, Grund 63, D-65366 Johannisberg/ Rheingau (hereinafter referred to as: WEINGUT-JOHANNISHOF) and the purchaser (hereinafter referred to as: CUSTOMER).
The inclusion of the customer's own general terms and conditions is hereby rejected unless the parties agree otherwise.
b) Order processing and contact also take place via email and automated order processing. The customer must ensure that the email address he provides is correct so that emails sent by the seller can be received at this address. When using SPAM filters, it must be ensured that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
2. Protection of minors
a) By placing an order with WEINGUT-JOHANNISHOF, the customer confirms that he or she is at least 18 years old.
b) The customer is obliged to ensure that only he or she or adults authorized by him to accept the delivery accept the delivery of the goods. Upon delivery, the commissioned logistics service provider is entitled to request proof of age.
c) If orders are placed by persons who are not of legal age, WEINGUT-JOHANNISHOF hereby revokes the contract as a precautionary measure in accordance with Section 109 of the German Civil Code (BGB). Adults who are responsible for or represent minors who place orders using false information are liable in accordance with the statutory provisions for all damages resulting from orders placed using false information.
3. Conclusion of the contract
a) The goods offered by WEINGUT-JOHANNISHOF on the Internet do not represent a binding offer to conclude a purchase contract, but rather an invitation to place an order (purchase offer by the customer). b) The order via the above-mentioned Internet shop always represents an offer to WEINGUT-JOHANNISHOF to conclude a purchase contract. WEINGUT-JOHANNISHOF can accept the customer's offer within five days after the customer has sent their offer by sending the customer an order confirmation, whereby the conclusion of the contract is based on the receipt of the order confirmation by the customer or on the delivery of the ordered goods to the customer (the decisive factor here is the receipt of the goods by the customer) or on the payment request from WEINGUTJOHANNISHOF to the customer after the order has been placed. If several of the aforementioned alternatives apply, the contract is concluded at the time the first alternative occurs. If the offer is not accepted within the period, the customer is no longer bound to their offer. c) The contract text is not saved by WEINGUT-JOHANNISHOF and can no longer be accessed after the order process has been completed. However, the customer can print out the order data immediately before sending it using the print function of his browser and will receive an email after the order in which the customer's order is listed again. d) The contract language is German.
4. Order process
The customer can currently submit his purchase offer in the following ways: by telephone, in writing by email or via the WEINGUT-JOHANNISHOF online shop. The data transmitted by the customer is only used to carry out and deliver the order and is not passed on to third parties by WEINGUT-JOHANNISHOF. When ordering via our online shop, please proceed as follows:
a) Enter the desired quantity in the “Quantity” field and place the product of your choice in the shopping cart using the “Add to cart” button.
b) You can access your shopping cart at any time using the "Checkout" button in the top right information field. Check your selection. You can change the number of bottles by selecting the "Edit" button and entering the desired number of each product.
c) You can then continue shopping or click on the "Checkout" button to go to the next ordering stage.
d) In the next step, you have three options for placing the order: (1) Place the order as a guest (“Order without an account”). or (2) Order and register as a customer. Now enter your personal details. or (3) Register as a registered customer - by entering the email address you have provided.
e) After entering your data and selecting the payment method, the entire shopping cart will be displayed again. If changes are necessary, you can still make them (“Change details”).
f) Before placing your order, you can read the General Terms and Conditions, the Cancellation Policy and our Privacy Policy.
g) Finally, you place your order legally binding by clicking on the button “Order with payment”.
5. Prices and payment methods
a) The prices at the time the customer places the order apply. All prices are final prices, i.e. including statutory VAT and, if applicable, consumption tax. The shipping costs are not included in the purchase price. Additional costs for special deliveries or costs resulting from multiple delivery attempts will be invoiced to the customer.
b) WEINGUT-JOHANNISHOF currently offers the following payment options: - Payment in advance - Payment by invoice - Payment by PayPal
c) If the customer selects the payment method "advance payment/bank transfer", the bank details will be given to the customer in the order confirmation and the goods will be delivered after receipt of payment. If the customer selects "bank transfer/advance payment" as the payment method, WEINGUT-JOHANNISHOF reserves the goods in question for a period of 14 days after receipt of the order, starting with the date of the advance invoice. If no payment is made within this period, the reservation expires.
d) Please note the following when using the “PayPal” payment method: You must be registered there or register first, authenticate yourself with your access data and confirm the payment instruction to us (except for guest access, if applicable). When paying using a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 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, which can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
6. Shipping costs
The customer can find out the shipping costs from the specific information provided during the ordering process. Free collection from the store is possible. 7. Delivery
a) Collection from the WEINGUT-JOHANNISHOF store by arrangement (self-collection).
b) Deliveries will be made to the delivery address specified by the customer in accordance with the shipping conditions applicable at the time of the order.
c) Delivery is made by parcel service or forwarding agent. The standard delivery time is 3-4 working days, whereby delivery on Sundays and public holidays is excluded.
d) If the customer defaults on acceptance or culpably violates other obligations to cooperate, WEINGUT-JOHANNISHOF is entitled to demand compensation for the damage caused, including any additional expenses. Further claims are expressly reserved. Likewise, in the event of default on acceptance by the customer, the risk of accidental loss or deterioration of the item passes to the customer.
e) If the customer is not a consumer, delivery and shipping shall be at his risk.
8. Cancellation policy
Consumers within the meaning of Section 13 of the German Civil Code (BGB) have a legal right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. To exercise your right of withdrawal, you must notify us:
Weingut Johannishof
Johannes Eser Grund 63
D-65366 Geisenheim-Johannisberg/Rheingau
Telephone +49 (0) 6722 / 8216
Fax +49 (0) 6722/ 6387
Email: info@weingut-johannishof.de
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the attached model cancellation form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient that you send your notification of exercising your right of cancellation before the cancellation period has expired. Consequences of cancellation If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning. The right of withdrawal does not apply to distance contracts ▪ for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded, ▪ for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, ▪ for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract but which can only be delivered 30 days after conclusion of the contract at the earliest and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.
9. Return modalities
a) The customer is required to avoid damage and contamination so that the goods can be returned to WEINGUT-JOHANNISHOF in a re-saleable condition. The original packaging should be used for this purpose if possible. If the original packaging is no longer available, the customer can use other suitable packaging to ensure adequate protection against transport damage.
(b) The preceding paragraph is not a condition 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 errors to the deliverer as soon as possible and contact WEINGUT-JOHANNISHOF immediately. Failure to complain or contact WEINGUT-JOHANNISHOF has no consequences for the customer's legal claims and their enforcement, in particular his warranty rights. This enables WEINGUT-JOHANNISHOF to assert its own claims against the freight carrier or transport insurance.
11. Retention of title WEINGUT-JOHANNISHOF reserves ownership of the delivered item until all claims arising from the delivery contract have been paid in full.
12.Warranty
a) All goods from the WEINGUT-JOHANNISHOF online shop are subject to statutory warranty rights.
b) If the customer is an entrepreneur in the sense of the German Civil Code (BGB), he is obliged to give immediate notice of defects pursuant to Section 377 of the German Commercial Code (HGB). He must therefore report the defect in writing immediately after receiving the goods from WEINGUT-JOHANNISHOF. If he fails to do so, the assertion of warranty claims is excluded. 13.Tartar etc. Tartar and deposits do not reduce quality and are not grounds for a complaint. Cork taint and other obvious wine defects will be replaced upon presentation of the wine up to a maximum of 2 years after purchase.
14. Dispute resolution
a) WEINGUT-JOHANNISHOF hereby informs 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) Pursuant to Section 36 Paragraph 1 No. 1 of the Consumer Dispute Settlement Act (VSBG), WEINGUT-JOHANNISHOF points out that WEINGUT-JOHANNISHOF is neither willing nor obliged to participate in dispute settlement proceedings before consumer arbitration boards.
15. Jurisdiction
a) If the customer is an entrepreneur, the place of jurisdiction for all disputes arising from contractual relationships between the customer and WEINGUT-JOHANNISHOF is the court responsible for the company's registered office in Rüdesheim am Rhein.
b) Irrespective of this, WEINGUT-JOHANNISHOF is in any case entitled to file a lawsuit against the customer at another legal place of jurisdiction. c) If, however, the customer is a consumer within the meaning of the German Civil Code (BGB), the following applies: Lawsuits brought by WEINGUT-JOHANNISHOF against the consumer must be filed at the customer's place of residence in accordance with the legal place of jurisdiction pursuant to Section 13 of the German Code of Civil Procedure (ZPO).