General Terms and Conditions

for the online shop at the URL

https://www.weingut-sohns.com/

operated by

Weingut Sohns GbR
Nothgottesstraße 33
65366 Geisenheim
Email: info@weingut-sohns.de
Phone number: +49(0)6722/8940

- hereinafter referred to as: Provider -

1. Scope

These General Terms and Conditions (GTC) apply, upon their inclusion, to all contracts concluded for the acquisition of goods, services, or other items (hereinafter "goods") in the online shop at the URL mentioned above, in the version valid at the time of contract conclusion. These GTC apply exclusively. Deviating GTC of the customer do not become part of the contract unless the Provider expressly agrees to them.

2. Conclusion of Contract

2.1 The offers in the online shop constitute a non-binding invitation from the Provider to online shop visitors to submit an offer for the purchase of the goods offered in the shop.

2.2 The order of the goods is placed via the Provider's online order form. After selecting the desired goods, entering all requested mandatory information, and completing all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the end of the checkout page (order). By placing the order, the customer submits a binding offer to conclude a contract for the purchase of the selected goods. The contract is concluded when the Provider accepts the customer's offer. Acceptance occurs when the Provider confirms the conclusion of the contract in writing or text form (e.g., by email) (order confirmation) and this order confirmation reaches the customer, or by delivering the ordered goods and these goods reach the customer, or by requesting payment from the customer (e.g., invoice or credit card payment in the ordering process) and the payment request reaches the customer; the time at which one of the alternatives mentioned in the first sentence occurs first is decisive for the time of contract conclusion.

2.3 Before submitting a binding order via the Provider's online order form, the customer can review their entries and correct them at any time using the usual keyboard, mouse, touch, or other available input functions. In addition, all entries will be displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard, mouse, touch, or other available input functions.

2.4 The Provider will save the contract text after the contract has been concluded and transmit it to the customer in text form (e.g., by email). The Provider will not make the contract text accessible beyond this. If the purchase was made via a customer account in the online shop, the customer can view their orders and the associated order data there.

2.5 The following languages are available for the conclusion of the contract: German

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3. Right of Withdrawal for Consumers

Consumers generally have a right of withdrawal for contracts concluded off-premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Details can be found in the withdrawal policy, which will be provided to every consumer at the latest immediately before the conclusion of the contract.

4. Payment, Default

4.1 The prices listed in the online shop at the time of order apply. All prices include statutory VAT and any listed shipping costs. The customer will be informed about the available payment options in the Provider's online shop.

4.2 If "prepayment" is agreed upon, the purchase price is due immediately upon conclusion of the contract.

4.3 If "purchase on account/invoice purchase" is agreed upon, payment is due immediately upon conclusion of the contract, unless a different payment due date has been specified in the invoice or during the purchase process.

4.4 If "SEPA direct debit" is agreed upon, payment is due immediately upon conclusion of the contract. Before the purchase price is debited, the customer will be informed when they can expect the agreed purchase price to be debited (pre-notification). The direct debit will not be debited before receipt of this pre-notification and not before the deadline stated in the pre-notification. If the direct debit fails due to insufficient account balance, incorrect bank details, or other reasons for which the customer is responsible, the customer shall bear any resulting chargeback fees, provided they are responsible for the failure of the direct debit.

4.5 If payment by credit or debit card is agreed upon, the purchase price is due immediately upon conclusion of the contract.

4.6 If payment via "PayPal" is agreed upon, the purchase price is due immediately upon conclusion of the contract. Payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

4.7 If "Sofortüberweisung" (instant bank transfer) is agreed upon, the purchase price is due immediately upon conclusion of the contract. Payment processing is handled by Sofort GmbH, Theresienhöhe 12, 80339 Munich.

4.8 If "Apple Pay" is selected as the payment method, payment processing is handled by the payment service Apple Inc., Infinite Loop, Cupertino, CA 95014, USA. Payment is due immediately upon conclusion of the contract.

4.9 If "Google Pay" is selected as the payment method, payment processing is handled by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Payment is due immediately upon conclusion of the contract.

4.10 For payment with "American Express", processing is handled by American Express Europe S.A., Theodor-Heuss-Allee 112, 60486 Frankfurt am Main. Payment is due immediately upon conclusion of the contract.

4.11 If "VISA" is chosen as the payment method, payment processing is handled by Visa Europe Services Inc., London Branch, 1 Sheldon Square, London W2 6TT, Great Britain. Payment is due immediately upon conclusion of the contract.

4.12 If "Klarna" is chosen as the payment method, payment processing is handled by Klarna AB, Sveavägen 46, 111 34 Stockholm, Sweden. Klarna offers various payment methods (e.g., installment purchase, invoice purchase). Payment is – unless otherwise specified – due immediately upon conclusion of the contract.

4.13 If Giropay is agreed upon, the purchase price is due immediately upon conclusion of the contract. Payment processing is handled by paydirect GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main.

5. Retention of Title

The purchased goods remain the property of the Provider until full payment of the purchase price.

6. Delivery and Self-Supply Reservation

6.1 Unless otherwise agreed, delivery will be made within the delivery time specified in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.

6.2 For freight forwarding deliveries, unless otherwise agreed, delivery is "curbside". This means delivery to the nearest public curb to the specified delivery address.

6.3 If the Provider cannot deliver the ordered goods because the Provider was not supplied by its own suppliers without fault, even though the Provider concluded a congruent hedging transaction with a reliable supplier in good time, the Provider shall be released from its performance obligation and may withdraw from the contract. The Provider is obliged to inform the customer immediately about the impossibility of performance. Any counter-performance already rendered by the contracting party will be reimbursed immediately. Mandatory consumer law remains unaffected by this paragraph.

7. Warranty

The provisions of the statutory warranty for defects apply.

8. Liability and Indemnification

8.1 The Provider is liable without limitation:

• for damages resulting from injury to life, body, or health, which are based on an intentional or negligent breach of duty by the Provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider;
• for damages based on an intentional or grossly negligent breach of duty by the Provider or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider;
• due to a guarantee promise, as far as no other regulation has been made in this regard;
• due to mandatory liability (e.g., under the Product Liability Act)

8.2 If the Provider negligently breaches an essential contractual obligation, its liability is limited to the foreseeable damage typical for the contract, unless unlimited liability exists according to the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the Provider according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely.

8.3 In all other respects, liability of the Provider as well as the liability of its vicarious agents and legal representatives is excluded.

8.4 The customer indemnifies the Provider from any claims of third parties – including the costs for legal defense at their statutory amount – which are asserted against the Provider due to illegal or contractual acts of the customer.

9. Data Protection

The Provider treats the personal data of its customers confidentially and in accordance with statutory data protection regulations. Further details can be found in the Provider's privacy policy.

10. Final Provisions

10.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not result in a consumer habitually resident in the EU being deprived of mandatory statutory provisions of the law of their country of residence. 

10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the Provider's registered office shall have jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer has no domicile within the European Union. The registered office of our company can be found in the heading of these GTC.

10.3 Should any provision of this contract be or become invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.

11. Information on Online Dispute Resolution / Consumer Arbitration

The Provider is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Our email address can be found in the heading of these GTC.