General terms and conditions of kellermeister.de Vertriebs UG (haftungsbeschränkt)

1. Scope of application

Kellermeister.de is a webshop for winegrower and winery supplies.

The following general terms and conditions apply to all orders via our online shop exclusively by entrepreneurs.

Entrepreneur within the meaning of these Terms & Conditions is a natural or legal person or a partnership with legal capacity which, when concluding the contract, acts in the exercise of its commercial or independent professional activity.

Our offer is aimed exclusively at entrepreneurs. A contract with consumers is excluded.

These terms & conditions also apply to entrepreneurs for future business relationships, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; They only become part of the contract if we have expressly agreed to this.

2. Contracting party, conclusion of contract

The purchase contract is concluded with the kellermeister.de Distribution UG (haftungsbeschränkt).

By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can first place our products in the cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided for and explained in the order process. The contract is concluded by clicking on the order button accepting the offer for the goods contained in the cart. Immediately after sending the order, you will receive another confirmation by e-mail.

We are prepared to refuse orders, assuming that the customer is not engaged in a commercial or independent professional activity.

3. Contract language, contract text storage

The language available for the conclusion of the contract is German.

We store the contract text and send you the order data and these terms & conditions by e-mail. The text of the contract is no longer accessible via the Internet for security reasons.

4. Conditions of delivery

In addition to the stated product prices, shipping costs may apply. More detailed provisions on any shipping costs incurred can be found in the offers.

We deliver only by shipping. A self-collection of the goods is unfortunately not possible.

We do not deliver to packing stations.

5. Payment

In our shop, the following payment methods are basically available to you:

Prepayment

When selecting the prepayment payment method, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Credit card

By submitting the order, you also transmit your credit card data to us. After your legitimacy as a legitimate cardholder, we will ask your credit card company to initiate the payment transaction immediately after ordering. The payment transaction is carried out automatically by the credit card company and your card is charged.

PayPal

In the ordering process, you will be transferred to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction is automatically carried out by PayPal immediately afterwards. You will receive further information during the ordering process.

6. Reservation of title

The goods remain our property until full payment.

The following applies to entrepreneurs: We reserve the right of ownership of the goods until the full settlement of all claims arising from the current business relationship. They may resell the reserved goods in the ordinary course of business; all claims arising from this resale, irrespective of the combination or mixing of the reserved goods with a new item in the amount of the invoice, you assign to us in advance and we accept this assignment. They remain empowered to collect claims; However, we may also collect claims yourself if you do not meet your payment obligations.

7. Transport damage

The risk of accidental sinking and accidental deterioration passes to you as soon as we have delivered the item to the carrier, carrier or otherwise designated person or institution for the shipment version.

Among merchants, the duty of investigation and complaint regulated in § 377 HGB applies. If the notification provided for therein is omitted, the goods shall be deemed to have been approved, unless the defect was not apparent during the examination. This does not apply if we have fraudulently concealed a defect.

8. Guarantee

Unless expressly agreed otherwise below, the statutory liability for defects applies.

For entrepreneurs, the limitation period for claims for defects in newly manufactured objects is one year from the transfer of risk. The sale of used goods takes place under exclusion of any warranty. The statutory limitation periods for the recourse claim according to § 445a BGB remain unaffected.

For entrepreneurs, an agreement on the quality of the goods is only our own information and the product descriptions of the manufacturer, which have been included in the contract; for public statements of the manufacturer or other advertising statements we assume no liability.

If the delivered item is defective, we provide guarantee to entrepreneurs first of all at our choice by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery).

The foregoing limitations and time limitations do not apply to claims due to damages caused by us, our legal representatives or agents:

• in the event of injury to life, body or health;
• in case of intentional or grossly negligent breach of duty and fraud,
• in case of breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and on the compliance of which the contracting parties may regularly rely,
• under a promise of guarantee, where agreed;
• as far as the scope of application of the Product Liability Act is open.

Information on any applicable additional guarantees and their exact conditions can be found in the product and on special information pages in the online shop.

9. Liability

For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without restriction:

• in the event of injury to life, body or health;
• in case of intentional or grossly negligent breach of duty,
• in the case of promises of guarantee, where agreed,
• as far as the scope of application of the Product Liability Act is open.

In the event of breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partners may regularly rely, by slight negligence of us, our legal representatives or vicarious agents, the liability is limited in amount to the foreseeable damage at the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

10. Dispute settlement

We are not obliged or willing to participate in dispute settlement proceedings before a consumer arbitration body.

11. Final provisions

German law applies to the exclusion of UN sales law.

If you are a merchant within the meaning of the Commercial Code, legal person under public law or special public assets, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business Trier.