General Terms and Conditions of Business

1.scope of application

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

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2.contractual partner, conclusion of contract, correction options

The purchase contract is concluded with G.Wein GmbH + Co.

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, you submit a binding offer for the products contained in the shopping basket. Confirmation of receipt of your order will be sent by e-mail immediately after the order has been sent.

We will accept your offer within two days by

• submitting a declaration of acceptance in a separate e-mail or
• if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the selected payment method (see under "Payment").

The relevant alternative for you depends on which of the events listed occurs first.

3.contract language, contract text storage

The language(s) available for the conclusion of the contract: German, English

We save the text of the contract and send you the order data and our GTC in text form. For security reasons, the contract text is no longer accessible via the Internet.

4.terms of delivery

4.1 Delivery options

We dispatch the products to the delivery address specified in the order process.

In principle, you have the option of collecting the goods from G.Wein GmbH + Co, Meimsheimer Str. 10, 74357 Bönnigheim, Germany during the following business hours: during normal business hours

We do not deliver to packing stations.

4.2 Delivery by forwarding agent

Making an appointment

In the case of forwarding deliveries, the forwarding company commissioned by us will contact you to arrange a delivery date.

Place of delivery

The delivery of the goods is limited to the transport and unloading of the goods to the first public kerb at the agreed delivery address. Delivery does not include delivery to specific premises or the assembly and/or installation of the goods ordered, unless expressly agreed otherwise.

5.payment

The following payment methods are generally available in our shop.

Prepayment
If you choose to pay in advance, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Cash payment on collection
You pay the invoice amount in cash on collection.

PayPal
In co-operation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise specified below, payment via PayPal does not require registration with PayPal. Further information can be found in the respective payment option and in the order process.

PayPal, PayPal Express
In order to be able to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed.

PayPal can offer registered PayPal customers, selected according to its own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with PayPal. You can find further information on this in your PayPal account.

Credit card via PayPal
Your card will be charged by PayPal after the goods have been dispatched.

Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment instruction, you issue PayPal with a direct debit mandate. You will be informed by PayPal about the date of the account debit (so-called prenotification). The account will be debited before the goods are dispatched.

6.right of cancellation

Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of cancellation.

7.retention of title

The product remains our property until full payment has been received.
For entrepreneurs, the following also applies: We reserve title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.

8.transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.

9.warranty and guarantees

9.1 Liability for defects

Unless expressly agreed otherwise, the statutory liability for defects shall apply.

The following restrictions and shortened periods do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health
• in the event of wilful or grossly negligent breach of duty and fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

Restrictions vis-à-vis entrepreneurs

In relation to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects for newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its normal use and has caused its defectiveness. The sale of used goods is subject to the exclusion of any warranty.

The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

Notice to merchants

The obligation to inspect and give notice of defects regulated in § 377 HGB applies to merchants. If you fail to notify us as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.

Information for consumers

We would like to inform you that whensellingused goods to consumers, we may shorten the limitation period with regard to warranty rights to one year from delivery of the goods, provided that we specifically inform you of this and this is expressly and separately agreed.

9.2 Guarantees and customer service

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

10.liability

We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health,
• in the event of wilful or grossly negligent breach of duty,
• in the case of guarantee promises, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

11.agreement on the use of Trusted Shops buyer protection

You can protect orders placed with us free of charge up to an order value of 100 euros via the buyer protection of Trusted Shops SE. In addition, Trusted Shops, together with a guarantor, offers a fee-based protection. The Trusted Shops buyer protection conditions apply, which you can find here. The buyer protection is concluded by clicking on the correspondingly labelled button on the so-called Trustcard, which appears as a pop-up on the order thank you page after completing an order. If you are already registered for buyer protection, your order will be automatically protected (automatic buyer protection) without you having to click on the button. In order to be able to offer you (automatic) buyer protection, the Trustcard must access order data that is stored in the cache of your browser. For this purpose, a hash value of your e-mail address as well as the order number and order total are transmitted to Trusted Shops. If you are already registered for buyer protection, your order will be automatically secured. If you are not yet registered for buyer protection, you can register via the Trustcard as described above. Information on data protection at Trusted Shops is attached to the buyer protection conditions linked above.

12.dispute resolution

We are prepared to participate in an out-of-court arbitration procedure before a consumer arbitration board.

13.protection of minors

If your order includes products whose sale is subject to age restrictions, we use a reliable procedure including a personal identity and age check to ensure that the customer has reached the required minimum age. If a delivery is made, the deliverer will only hand over the goods after an age check has been carried out and only to the customer personally.

14.final provisions

If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.

Should individual clauses of these GTC be invalid in whole or in part, the remainder of the contract shall remain valid. If individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.

Cancellation policy

Right of cancellation

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.

To exercise the right to cancel, you must inform us (G.Wein GmbH + Co., Meimsheimer Str. 10, 74357 Bönnigheim, Deutschland, info@gwein.de, Phone: 07143 8856 0) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of cancellation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. For goods that cannot be returned normally by post due to their nature, these costs amount to EUR 160. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Cancellation policy created with theTrustedShops legal text editor