Terms of service
§ 1 General, scope of the terms and conditions
1.1 All deliveries and services are carried out exclusively on the basis of the following general terms and conditions (hereinafter “GTC”) in the version valid at the time of the order. Unless expressly agreed in writing, deviating terms and conditions do not apply.
1.2 The contractual partner is Weingut Bercher Schmidt GbR, Herrenstrasse 28, D- 79235 Vogtsburg-Oberrotweil (hereinafter “seller”).
1.3 Customers in the sense of these terms and conditions can be both consumers and entrepreneurs (hereinafter "customer"). Consumers in the sense of the terms and conditions are natural persons who conclude contracts for a purpose that cannot be attributed to their commercial or professional activity. Entrepreneurs in the sense of the terms and conditions are natural or legal persons or legal partnerships who, when concluding a contract with the seller, are exercising their commercial or independent professional activity.
§ 2 Conclusion of the contract, conclusion of the contract
The offers and article presentations do not constitute a binding offer. Only your order is a binding offer in accordance with Section 145 of the German Civil Code (BGB), which we can accept. After sending the order, we will first send you an order confirmation by email. In this email you will also find our general terms and conditions. You have the option to print out the order confirmation and the general terms and conditions. If your order is accepted by us, you will receive an order confirmation by email within 3 working days of receipt of your order, with which the contract is concluded.
§ 4 right of withdrawal for consumers
The following right of withdrawal only applies to distance selling consumers:
Right of withdrawal
Right of withdrawal
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 has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us Weingut Bercher Schmidt GbR, Herrenstrasse 28, D- 79235 Vogtsburg- Oberrotweil, phone: +49 (0) 7662 - 372, fax: +49 (0) 7662 - 6333, email: weingut @ bercher-schmidt.de by means of a clear declaration (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
In order to meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
§ 5 Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
Winery Bercher Schmidt GbR,
D- 79235 Vogtsburg- Oberrotweil
Fax: +49 (0) 7662 - 6333
E-mail: weingut (at) bercher-schmidt.de
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following services (*):
Ordered on (*) / received on (*)
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only when notified on paper)
(*) Delete where inapplicable.
§ 6 prices and shipping costs
All prices include statutory VAT plus shipping costs. We deliver by parcel service or forwarding agency. In the case of delivery by parcel service, the shipping costs per shipping unit are 7.10 euros. From an order of 25 bottles, we deliver in boxes of 6 by forwarding agency. The shipping costs by forwarding company do not apply to orders of 300 or more bottles. In addition, they are calculated based on the distance from the starting point in Oberrotweil. From 300 bottles, the delivery is carriage paid by a forwarding agency. We deliver with DHL or another provider of our choice.
§ 7 delivery conditions
7.1 We only deliver within Germany.
7.2 Unless otherwise stated in the offer, the goods will be delivered within 2 days of delivery of the order confirmation.
§ 8 Terms of Payment
8.1 Payment is made on account. The invoice amount must be transferred to our account within 8 days. For amounts over EUR 300, we grant a 2% discount on the invoice amount if payment is made within 8 days of the invoice date.
8.2 In the case of consumers, we reserve ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal person under public law or a special fund under public law, we reserve ownership of the purchased item until all outstanding claims from the business relationship with the buyer have been settled. The corresponding security rights are transferable to third parties.
8.3 If you are a consumer, interest is to be paid on the purchase price at 5% points above the base interest rate when the default in payment occurs. If you are not a consumer, the interest rate during the delay in payment is 9 percentage points above the base rate. In addition, we are entitled to claim a lump sum for damages of € 40 from entrepreneurs in the event of default in payment. We reserve the right to prove and claim higher damage caused by default.
§ 9 Warranty
9.1 If you are a consumer, the guarantee is provided in accordance with the statutory provisions.
9.2 If you place your order with us as an entrepreneur, the following applies:
9.2.1 Delivered goods are to be examined by the customer immediately after delivery, insofar as this is feasible in the ordinary course of business. If a defect is found, we must be notified immediately. If the customer fails to notify us, the goods are deemed to have been approved, unless there is a defect that could not be identified during the examination. If such a defect appears later, the notification must be made immediately after it is discovered, otherwise the goods are deemed to have been approved, even with regard to this defect. Section 377 of the German Commercial Code (HGB) remains unaffected. The customer is not relieved of his obligation to examine, even in the event of recourse by the entrepreneur in accordance with Section 478 of the German Civil Code (BGB). If, in such cases, he does not immediately report the defect asserted by his customer, the goods shall be deemed to have been approved, even with regard to this defect.
9.2.2 If there is a defect, we are entitled to determine the type of supplementary performance, taking into account the type of defect and the legitimate interests of the customer. With these contracts, subsequent performance is deemed to have failed after the unsuccessful third attempt. This number does not apply in the case of recourse according to § 478 BGB.
9.2.3 In the event of subsequent performance in the event of defects, we are only obliged to bear the necessary expenses, in particular transport, travel, labor and material costs, as these are not increased by the fact that the item is moved to a location other than Headquarters or the commercial branch of the customer to which the delivery was made. This number does not apply in the case of recourse according to § 478 BGB.
9.2.4 The customer's claims for defects, including claims for damages, shall become statute-barred after one year. This does not apply in the case of recourse according to § 478 BGB, this also does not apply in the cases of §§ 438 para. 1 no. This also does not apply to claims for damages due to injury to life, body or health or due to a grossly negligent or willful breach of duty by us or our vicarious agents.
§ 10 liability for damages and reimbursement of expenses
10.1 If you are a consumer, we are liable for damage in accordance with the statutory provisions.
10.2 If you place your order with us as an entrepreneur, the following applies in the event of our contractual liability for damages in accordance with sections 10.2 to 10.8:
10.2.1 If the claims are based on an intentional or grossly negligent breach of duty by us, our representatives or our vicarious agents, we are liable for compensation in accordance with the statutory provisions.
10.2.2 If we or our representatives or vicarious agents have breached an obligation through slight negligence, the fulfillment of which enables the proper execution of the contract in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on whose compliance the customer regularly relies, the liability is for the foreseeable , typically occurring damage is limited.
10.2.3 Unless otherwise specified in sections 10.2.1 and 10.2.2, our liability for damages is excluded. The same applies if recourse claims are asserted against us as a supplier in accordance with Section 478 of the German Civil Code (BGB).
10.3 The exclusions and limitations of liability under section 10.2 also apply to other claims, in particular tort claims or claims for reimbursement of wasted expenses instead of performance.
10.4 The exclusions and limitations of liability under section 10.2 do not apply to any existing claims pursuant to Sections 1, 4 of the Product Liability Act or due to culpable injury to life, limb or health. They also do not apply if we have assumed a guarantee for the quality of our goods or a successful performance or a procurement risk and the guarantee case has occurred or the procurement risk has materialized.
10.5 Unless the limitation of liability in accordance with Section 10.2 applies to claims arising from producer liability in accordance with Section 823 of the German Civil Code (BGB), our liability is limited to the compensation provided by the insurance. If this does not occur or does not occur completely, we are obliged to be liable up to the amount covered. This number does not apply to culpable harm to life, body or health.
10.6 Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, employees, representatives and vicarious agents.
10.7 A reversal of the burden of proof is not associated with the above regulations.
§ 11 customer service
If you have any questions, complaints or complaints, please contact us. You can reach us Monday - Friday between 10 a.m. and 4.30 p.m. on the telephone number +49 (0) 7662 - 372 or by email at weingut (at) bercher-schmidt.de.
§ 12 Legal system, place of jurisdiction
12.1 German law applies to the exclusion of the UN sales law.
12.2 In the case of customers who conclude the contract for a purpose that cannot be attributed to professional or commercial activity (consumers), this choice of law does not affect the mandatory provisions of the law of the country in which the customer has his habitual residence.
12.3 For all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is based on the registered office of our company in 79235 Vogtsburg-Oberrotweil.
12.4 The European Commission provides a platform for online dispute resolution (OS). This can be reached at the following Internet address: http://ec.europa.eu/consumers/odr/.
§ 13 Miscellaneous
13.1 The contract language is German.
13.2 If one or more provisions of these terms and conditions are ineffective, the rest of the contract remains effective. If the provisions are ineffective, the content of the contract is based on the statutory provisions.