General Terms and Conditions
1. ScopeThe following GTC apply to all orders placed by consumers and entrepreneurs via our online shop.
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 personality who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
These GTC also apply to future business relationships with entrepreneurs 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 shall only become part of the contract if we have expressly consented to them.
The purchase contract is concluded with:
Küferschänke Bernd Zipse
Kaiserstraße 83-85
74889 Sinsheim-Weiler
Germany
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially add our products to the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking the order button. Immediately after submitting your order, you will receive confirmation by e-mail.
3. Contract Language, Storage of Contract TextThe language available for the conclusion of the contract is German.
We do not store the contract text.
4. Delivery ConditionsShipping costs are added to the specified product prices. You can find out more about the shipping costs in the individual offers.
Self-collection of the goods is possible.
We do not deliver to parcel stations (Packstationen).
5. Payment
The following payment methods are generally available in our shop:
Credit card
By placing the order, you simultaneously transmit your credit card details to us.
After your legitimation as a legitimate cardholder, we immediately request your credit card company to initiate the payment transaction after your order. The payment transaction is carried out automatically by the credit card company and your card is charged.
PayPal, PayPal Express
During the ordering process, you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or register first, legitimize yourself with your access data, and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
Payment on account
With payment on account, you receive the goods first and have a payment period of 14 days.
If you choose payment by invoice, you pay with a due date 14 days from dispatch of the goods. The shop will send you a payment instruction, and you will pay for your order directly to the Weingut Zipse. Contact details and further information about the winery can be found in the Imprint.
6. Retention of Title
The goods remain our property until full payment has been received.
For entrepreneurs, the following applies in addition: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – regardless of any combination or mixing of the reserved goods with a new item – in the amount of the invoice total, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.
If goods are delivered with obvious transport damage, please report such errors to the carrier as soon as possible and please 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.
8. Warranty and GuaranteesUnless expressly agreed otherwise below, the statutory right to liability for defects applies. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
For entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract apply as an agreement on the quality of the goods; we assume no liability for public statements by the manufacturer or other advertising claims.
If the delivered item is defective, we shall initially provide warranty to entrepreneurs at our discretion by remedying the defect (repair) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortening of 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 intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of a breach of material contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on compliance with which the contractual partner may regularly rely (cardinal duties)
- within the framework of a guarantee promise, if agreed
- as far as the scope of the Product Liability Act is opened.
Information on any additional guarantees that may apply and their exact conditions can be found with the respective product and on special information pages in the online shop.
9. LiabilityFor claims based on damage caused by us, our legal representatives or vicarious agents, we are always liable without limitation
- in the event of injury to life, limb or health,
- in the event of intentional or grossly negligent breach of duty,
- in the event of guarantee promises, if agreed, or
- as far as the scope of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on compliance with which the contractual partner may regularly rely (cardinal duties) due to slight negligence on our part, our legal representatives or vicarious agents, the liability is limited in amount to the foreseeable damage at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
10. Dispute ResolutionThe European Commission provides a platform for online dispute resolution (ODR), which you can find here https://ec.europa.eu/consumers/odr/.
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
If you are an entrepreneur, German law applies, excluding the UN Sales Convention.
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 place of business.
GTC created with the Trusted Shops legal text editor in cooperation with Wilde Beuger Solmecke Attorneys at Law.