TERMS AND CONDITIONS OF SALE AND DELIVERY
1. General Provisions
– The seller is liable only subject to the terms and conditions stated below. Any deviating terms and conditions of the buyer will not apply even if the seller has received them later and has not objected to them. Agreements deviating from or supplementing the seller’s terms and conditions are possible.
– Place of performance is Aldenhoven, Germany and place of jurisdiction is Düren, Germany.
– This is also valid when the buyer does not have a place of jurisdiction in Germany, or when he changed his place of residence to other countries than Germany or when his place of residence is unknown at the time of filing of a complaint.
2. Our Offer
– Offers are always without obligation. Orders will be handled in the order of their receipt. The seller’s written order confirmation or invoice shall be decisive for delivery.
– Listed wines are only subject to complaint if promised attributes do not apply. We strive to describe the condition of the wines as exact as possible, however a wine quality guarantee is excluded. Information about fill level and condition of bottles including photos may be obtained from the seller prior to the sale. The condition of the wines depends on preconditions that lie beyond our control. With old wines there is always a risk of a faulty cork. A Cork loses its elasticity and may break, also during or after a transport. We exclude any responsibility for these risks.
3. Terms of Payment
– Prices are in Euro (€) (net prices), excluding the statutory sales tax (VAT). VAT (actually 19%) per bottle or piece has to be added.
– Prices are ex warehouse Aldenhoven and do not include packaging, loading, transportation, insurances and similar services.
(See also 4. Delivery)
– The purchase price is payable without deduction upon receipt of the invoice. Unauthorized deductions will be reclaimed. If the buyer fails to pay after expiry of 2 weeks from the time for payment stated on the invoice, the seller will be entitled to rescind the contract without a reminder or further extension of time and to demand damages for non-performance.
– If the buyer is in default with the fulfilment of his payment obligations to a considerable extent for more than two weeks for a reason for which he is answerable, the entire debt will become due and payable even if bills with a later maturity are running or agreements for the payment in instalments have been made.
– Objections to invoices must be made in written form and not later than eight days after receipt of the invoice.
– Payments may not be withheld or offset against any counterclaims of the buyer which are contested by the seller and are not legally valid.
4. Delivery / Transport
– Any transport damage must be confirmed by the respective carrier, and the seller must be promptly notified.
– Transport insurance may be taken out at the request and the expense of the buyer. Postal parcels are insured up to a value of € 500.00 per parcel. We want to point out that the risk of a loss or a damage of the wines devolves to e.g. DHL, the shipping company or the customer after delivery from us to the transport partner. Insurance claims for transport damages exist only, if the damage is registered by the shipping agent at delivery and we are notified within one week after. Damages or shortfalls complained later are excluded.
– Shipping costs shall be borne by the buyer. Standard delivery will be DHL parcel service. The seller may decide to deliver larger parcels or formats by lory (via truckage companies) or multi-parcel-delivery. A delivery is subject to € 7,90 net per parcel up to / per 12 bottles à 0,75L for packaging, transport and logistics within Germany and € 29,- net per parcel up to / per 12 bottles à 0,75L within Europe (with a few exceptions like islands etc.). For bigger deliveries / pallet deliveries the costs will be invoiced after the actual expenses via DHL Freight with no addition.
– We inform you about shipping costs for deliveries with special service (e.g. Express) or deliveries to other countries. Please call: +49 (0)2464/9798355.
– The seller strives to keep the number of packages per delivery as small as possible. A collection is possible in general – if an agreement is made.
– You assure by placing an order that you accept these terms and conditions of sales and delivery and that you are at least 18 years old.
– A combination with other orders is possible. The buyer pays for all additional cost (e.g. bank service charge) linked to payments from other countries than Germany.
– The times of delivery stated by the seller are not binding. If a delivery time is exceeded by more than six weeks, the buyer shall have the right to set a reasonable additional deadline. After expiry of such additional period of time, both parties to the contract may rescind the contract. Claims for damages shall be excluded except in cases of gross negligence or intention on the part of the seller or a vicarious agent.
– In cases of force majeure – as such shall be deemed circumstances and incidents which cannot be prevented with the care and diligence of proper business management – the contractual obligations of the parties shall be suspended for the duration of the disturbance and to the extent of the effect of such disturbance. If resulting delays exceed a period of six weeks, both parties of the contract shall be entitled to rescind the contract with respect to the scope of performance concerned. No other claims shall be deemed to exist.
– In the event of delivery on call, the buyer must call the items bought within four weeks counting from the day the contract is concluded. If the buyer fails to comply with this obligation, the buyer shall pay to the seller storage charges of three percent of the total purchase price per month, in any case a minimum of € 20,00 per month, without proof and without prejudice to the assertion of claims for the costs actually incurred. The buyer is entitled to prove that the seller’s costs are lower than the flat rate described above.
– Wines may be collected in Aldenhoven if an appointment is made. In this case, no rebates or discounts will be granted.
5. Reservation of Ownership
– The seller retains ownership of the goods sold to commercial resellers until full payment of all the seller’s accounts receivable due from the buyer, in particular payment of the purchase price including incidental costs and any accounts receivable due under other contracts, and in the event of payment by bill or cheque until their payment, even if accounts receivable due under other contracts have not accrued until after delivery. For current invoices, the retained ownership shall be deemed as security for the respective balance of claims of the seller.
– The goods sold to end-consumers shall remain the seller’s property until full payment of the seller’s accounts receivable due from the buyer up to the time the contract is concluded, in particular payment of the purchase price including incidental costs and, if payment is effected by bill or cheque, until their payment.
– If the items subject to reservation of ownership are resold or processed, a commercial buyer shall assign to the seller the claims to which such buyer is entitled under the contract. The buyer shall be authorized to collect them for our account until revocation of the suspension of his payments to us. The buyer shall not be entitled to assign such claims, not even for purposes of collecting debts by way of factoring, unless the factoring company’s obligation is established at the same time to effect counter performance directly to us in the amount of our share of the debt as long as we still have claims against the buyer.
– The buyer may not pledge goods which are subject to reservation of ownership or transfer them by way of security. If such goods are pledged or subjected to attachment or other disposals by third parties, the buyer must ward off such measures, promptly notify the seller and promptly deliver all records to the seller which the latter needs to enforce his rights as against third parties.
– The buyer shall grant the seller free access to the items delivered by him subject to reservation of ownership.
– The assertion of the seller’s reservation of ownership or the pledging of goods by the seller shall not be deemed as a rescission of the contract.
6. Instructions on Return of Goods
Right of Return:
You may return goods received without stating reasons within two weeks by sending the goods back. Time will start to run not earlier than upon receipt of the goods and these instructions. You may declare a return also by requesting take-back of goods in textual form (as for instance by letter, fax or e-mail) only for goods which cannot be sent as a parcel (for instance bulky goods). Timely dispatch of the goods or sending of the request to take goods back shall suffice for observing the time limit. Goods must be returned or the request sent to: MaisonVin – vins par excellence GmbH, Siersdorfer Str. 6(c), 52457 Aldenhoven; fax to: +49 (0)2464 / 9798 707; or email to: firstname.lastname@example.org.
Consequences of Return:
In the event of a valid return of goods, the performance received on both sides shall be returned and benefits derived (e.g. resulting from use) shall be restituted. In the event of a deterioration of the goods, compensation for their value may be demanded. This shall not apply if the deterioration of the goods is solely due to their being inspected as it would have been possible for you in a shop. You may avoid the duty to effect compensation for value by not putting the goods into use as an owner and by comitting everything which would adversely affect their value.
Liability for Content
We make every effort to keep the information on our Web site current, but accept no liability whatsoever for the content provided. Pursuant to §7 par. 1 of TMG (German Tele-Media Act), the law limits our responsibility as a service provider to our own content on these Web pages.
According to §§8 to 10 of TMG, we are not obligated to monitor third party information provided or stored on our Web site. However, we shall promptly remove any content upon becoming aware that it violates the law. Our liability in such an instance shall commence at the time we become aware of the respective violation.
Liability for Links
Our site contains links to third-party Web sites. We have no influence whatsoever on the information on these Web sites and accept no guaranty for its correctness. The content of such third-party sites is the responsibility of the respective owners/providers.
At the time third-party Web sites were linked to ours, we found NO GROUNDS WHATSOEVER of any likely contravention of the law. We shall promptly delete a link upon becoming aware that it violates the law.
The content and works provided on these Web pages are governed by the copyright laws of Germany. Duplication, processing, distribution, or any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator.
Please be aware that there are inherent security risks in transmitting data, such as e-mails, via the Internet, because it is impossible to safeguard completely against unauthorized access by third parties. Nevertheless, we shall safeguard your data, subject to this limitation. In particular, personal information will be transmitted via the Internet only if it does not infringe upon third-party rights, unless the respective party has given its prior consent in view of such security risks. Accordingly, as the Web site provider, we shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on our part.
We oppose the use of any available contact information by a third party for sending unsolicited advertisements. As the Web site provider, we reserve the express right to take legal action against unsolicited mailing or e-mailing of spam and other similar advertising materials.
source: S&K Rechtsanwälte www.streifler.de; Englisch-Übersetzung durch Twigg’s Translations
MaisonVin – vins par excellence GmbH
Siersdorfer Str. 6(c)
52457 Aldenhoven, Germany
Fax +49 (0)2464 / 9798 707