Terms and Conditions

Terms of Service

I General part

1. Preamble
1.1. The following terms and conditions regulate the contractual relationships between us, the commercially acting

Winery Mathy-Schanz GbR
represented by Manfred Mathy, Ute Mathy and Alexander Mathy

Moselle Street 52
54518 Osann-Monzel

and customers.

We can be reached under the following contact details:

Phone: +49 6535 7140
Fax: +49 6535 1232
Email: info@weine-mosel.de

1.2. Contract language is German.

2. Definitions
2.1. A merchant is either someone who runs a trade or someone who has their company's name entered in the commercial register.
2.2. Commercial business is any commercial enterprise, unless the type or scope of the company does not require a commercially organized business operation.
2.3. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2.4. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
2.5. A distance contract within the meaning of these GTC is a contract for the delivery of goods or the provision of services, which is concluded between an entrepreneur and a consumer using only means of distance communication, unless the conclusion of the contract is not part of a sales organized for distance sales - or service system.
2.6. Means of distance communication are means of communication that can be used to initiate or conclude a contract without the physical presence of the contracting parties at the same time, in particular letters, catalogues, telephone calls, faxes, e-mails as well as radio, tele and media services.
2.7. The text of the contract within the meaning of these General Terms and Conditions is the product description resulting from our Internet presentation and the content of the online order. The order confirmation sent by us on the Internet portal is not itself the text of the contract, but only confirms receipt of the order.
2.8. Text form is a legible declaration in which the person making the declaration is named, which has been submitted on a durable medium.
2.9. A durable medium is any medium that enables the recipient to keep or store a statement on the medium that is addressed to him personally in such a way that it is accessible to him for a period of time that is reasonable for its purpose and is suitable for keeping the statement unchanged to play back.
2.10. Business premises are immovable commercial premises in which the entrepreneur permanently carries out his activity and movable commercial premises in which the entrepreneur usually carries out his activity. Business premises in which the person acting in the name or on behalf of the entrepreneur carries out their work permanently or habitually are equivalent to premises belonging to the entrepreneur.

3. Contracting parties/contractual penalty in case of pretense of customer suitability
3.1. Legal entities, partnerships and natural persons with unlimited legal capacity are accepted as customers.
3.2. Insofar as minors are also accepted as contractual partners, they are excluded as contractual partners in the case of contracts for brandy, beverages containing brandy or foodstuffs that contain more than a small amount of brandy. In any case, contracts for other alcoholic beverages will not be concluded with children or young people under the age of 16. We reserve the right to verify the age of the contractual partner by means of suitable evidence and verification procedures. We therefore also reserve the right to request a copy of the identity card.
3.3. The customer is obliged to provide truthful information when placing an order and not to pass on passwords to third parties.
3.4. In the event of a pretense of customer suitability, no contract is concluded. Instead, the parties agree on a contractual penalty of 5% of the contract price that the non-admitted customer would have had to pay. He is free to prove that no damage has occurred at all or that it is significantly lower than the flat rate.

4. Validity of these GTC
4.1. These General Terms and Conditions apply exclusively to all contracts, deliveries and other services.
4.2. We do not recognize contrary or deviating conditions.
4.3. If the customer is a merchant, they also apply to all future business relationships, even if they are not expressly agreed again.
4.4. We are entitled to change or supplement these GTC at any time. Customers have the right to object to such a change. If the objection is not in textform within four weeks after receipt of the change notification, these will become effective according to the change. Customers are informed in text form at the beginning of the period that the change notification is considered accepted if no objection is made within four weeks.

5. Subject to change
5.1. We reserve the right to change or deviate from the promised services if the change or deviation is reasonable for the customer, taking into account our interests.
5.2. The change or deviation is reasonable if the customer is not in a worse or better position or if the service does not deviate significantly. This can be the case if the ordered vintage is no longer available and the following vintage is no longer insignificantly different in terms of quality and price.

6. Cancellation policy
6.1. right of withdrawal
In the case of a distance contract or contracts concluded off-premises, consumers have the right to withdraw from this contract within fourteen days without giving a reason. The cancellation period is fourteen days from the day on which the consumer or a third party designated by them who is not the carrier, in the case of a purchase contract, the goods, in the case of a contract for several goods that the consumer ordered as part of a single order and which are delivered separately the last good, in the case of a contract for the delivery of goods in several installments or pieces, have taken possession of the last installment or piece.

In order to exercise their right of withdrawal, consumers must contact us
Winery Mathy-Schanz GbR
represented by Manfred Mathy, Ute Mathy and Alexander Mathy
Moselle Street 52
54518 Osann-Monzel
Telephone: +49 6535 7140
Fax: +49 6535 1232
Email: info@weine-mosel.de

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of their decision to withdraw from this contract.

Consumers can use the attached withdrawal form for this, but this is not mandatory.

In order to comply with the cancellation period, it is sufficient for consumers to send the notification of their exercise of the right of cancellation before the cancellation period has expired.

6.2. Consequences of revocation
If consumers revoke this contract, we have given them all payments that we have received from them, including delivery costs (except for the additional costs resulting from the fact that consumers have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that consumers used in the original transaction, unless something else was expressly agreed with them; under no circumstances will consumers be charged fees for this repayment.

We may refuse repayment until we have received the goods back or until consumers have provided proof that they have returned the goods, whichever is earlier.

Consumers must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which they inform us of the cancellation of this contract. The deadline is met if consumers send the goods before the period of fourteen days has expired.

Consumers bear the direct costs of returning the goods. The costs are estimated at a maximum of around EUR 150.00 for goods that cannot be sent as a parcel.

Consumers only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to establish the nature, characteristics and functioning of the goods.

7. Conclusion of the contract/storage of the text of the contract and the General Terms and Conditions
7.1. in our online shop
7.1.1. The advertising of the products in the online shop represents a non-binding and non-binding invitation to our customers to submit an offer.
7.1.2. Customers make an offer by going through our ordering process and clicking on the "Order with obligation to pay" link at the end.
7.1.3. We can accept the customer's offer within 5 days orally, in writing, in text form or through conclusive behavior. The purchase contract is concluded either with an explicit declaration or with the dispatch of the respective products, with acceptance taking place upon receipt of the order confirmation or receipt of the goods by the customer. In the event that the customer pays for the order placed by a SEPA transfer of the purchase price to the bank account of the payment service provider (payment option "payment in advance"), the payment made in advance applies prompt as a declaration of acceptance. If customers have paid by credit card, advance payment, PayPal or giropay / paydirekt, the purchase contract is concluded upon successful completion of the ordering process.
7.1.4. The text of the contract and these terms and conditions are saved and sent to consumers by email.
7.2. for contracts not concluded outside of business premises within the meaning of § 312 b BGB
7.2.1. The advertising of the products represents a non-binding and non-binding invitation to the customer to submit an offer (order or order).
7.2.2. Customers can submit an offer verbally, in writing, in text form or through conclusive behavior.
7.2.3. We can accept the offer either verbally or by order or booking confirmation in written or text form or by delivery, with acceptance taking place upon receipt of the order or booking confirmation or the receipt of the goods by the customer.

8. Liability
8.1. We exclude our liability for slightly negligent breaches of duty, unless damage to life, limb or health or claims under the Product Liability Act are affected or guarantees are affected. Liability for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can regularly rely (essential contractual obligations), remains unaffected.
8.2. In the case of negligently caused damage to property and financial losses, we are only liable in the event of a breach of an essential contractual obligation, but the amount is limited to the damage that was foreseeable and typical for the contract at the time the contract was concluded.
8.3. The same applies to breaches of duty by our vicarious agents.

9. Prohibition of offsetting
The entrepreneur is not entitled to offset his own claims against our payment claims, unless the claims are based on the same contractual relationship or they are undisputed or have been legally established.

10. Right of retention
The entrepreneur is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

11. Customer Service
If you have any questions, complaints or complaints, you can reach us on weekdays from 8 a.m. to 6 p.m. using the following contact details:

Telephone: +49 6535 7140
Email: info@weine-mosel.de

You can also contact us via our contact form on the website.

12. Severability clause (partial invalidity)
Should one of the provisions be invalid, the validity of the remaining provisions shall remain unaffected.

13. Note on the return of packaging
We are affiliated with the ELS European Licensing Systems disposal system.

14. Out-of-court arbitration options
14.1. In the event of disputes arising from online purchase contracts or online service contracts, an OS platform provided by the European Union can be used to resolve these disputes, provided that this is actually made available by the European Union.
The platform should be accessible here: http://ec.europa.eu/consumers/odr/
Our e-mail address is: info@weine-mosel.de
14.2. We are not obliged to participate in other out-of-court arbitration options before a consumer arbitration board, and we do not participate in them.

15. Governing Law, Place of Jurisdiction and Collateral Agreements
15.1. The contract, including these GTC, is subject to the substantive law of the Federal Republic of Germany. The provisions of the Vienna UN Convention of April 11, 1980 on Contracts for the International Sale of Goods (CISG, UN Sales Convention) do not apply. This choice of law does not apply if the consumer is deprived of mandatory provisions of the law of the state in which he has his habitual residence.
15.2. In the event of legal disputes, our registered office is the place of jurisdiction if
15.2.1. the customer is a merchant or
15.2.2. the customer does not have a general place of jurisdiction in the territory of the Federal Republic of Germany or
15.2.3. the customer is a legal entity under public law.
15.3. We are also entitled to sue at any other place of jurisdiction provided for by law.
15.4. Subsidiary agreements have not been reached.

II Special part: sales contracts

1. Terms of delivery/shipping costs
1.1. We only deliver within Germany, excluding the islands.
1.2. Delivery dates specified by the customer in his order require our confirmation to be valid.
1.3. In the case of payment in advance, the delivery period begins on the day after receipt of the payment order from the transferring bank or, in the case of other payment methods, on the day after the conclusion of the contract and ends with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, then on the place of such a day the next working day.
1.4. The delivery takes place no later than 4 days after the start of the delivery period.
1.5. Packaging and shipping costs will be invoiced and shown separately. The exact costs arising from the product description. Unless otherwise stated, the shipping costs are:

1.5.1. within Germany up to 11 bottles €5.90
1.5.2. within Germany from 12 bottles free domicile
1.5.3. Outside of Germany within the EU per box of 18 or part thereof €18.90

2. Obligation to give notice of defects
2.1. If the purchase is a commercial transaction for both contracting parties, the buyer must examine the goods immediately after delivery by the seller, insofar as this is feasible in the ordinary course of business, and if a defect is found, notify the seller immediately.
2.2. If the buyer fails to report the goods, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection.
2.3. If such a defect appears later, the notification must be made immediately after discovery; otherwise the goods shall be deemed to have been approved, even in view of this defect.
2.4. If we have fraudulently concealed the defect, we cannot invoke these regulations.

3. Liability for defects/statute of limitations
3.1. In principle, there is a statutory right to liability for defects, unless otherwise specified.
3.2. Insofar as the delivered item does not have the quality agreed between the customer and us or it is not suitable for the use stipulated in our contract or it is not suitable for normal use and has a quality that is usual for items of the same type and which the customer can expect based on the nature of the item or it does not have the properties that he could expect from our public statements, we are obliged to subsequent performance.
3.3. Subsequent performance is at our option for entrepreneurs by eliminating the defect (rectification) or delivery of new goods, for consumers at our choice.
3.4. Irrespective of Section 275, paragraphs 2 and 3 of the German Civil Code, we can refuse supplementary performance if it is only possible with disproportionate costs.
3.5. Customers can only assert claims for damages due to a defect if subsequent performance has failed. Your right to assert further claims for damages in accordance with the “Liability” section remains unaffected
3.6. For consumers, the limitation period for new goods is two years from delivery to the customer, for used goods one year from delivery. This does not apply to claims for damages and reimbursement of expenses due to defects in accordance with the "Liability" section.
3.7. For entrepreneurs, the limitation period for new goods is one year from the transfer of risk; liability for defects is excluded for used goods. This does not apply to claims for damages and reimbursement of expenses due to defects in accordance with the "Liability" section. The statute of limitations also remains unaffected in the case of a delivery recourse according to §§ 478, 479 BGB; it is five years from delivery of the defective item.
3.8. Please note: the crystallization of cream of tartar is a completely natural phenomenon.

4. Terms of Payment
4.1. Unless otherwise agreed, we deliver against prepayment.
4.2. Unless otherwise agreed, we accept as payment:

4.2.1. Payment in advance
4.2.2. PayPal and
4.2.3. processed via paypal: direct debit, credit card, purchase on account

4.3. Unless otherwise agreed, our invoices are payable without deduction no later than 10 days after receipt of the goods.

5. Retention of Title
5.1. Until the subject of the contract has been paid for in full, it remains our property.
5.2. In the case of merchants, the goods remain our property until all claims from the business relationship have been paid in full. We undertake to release the securities to which we are entitled at the customer's request insofar as the realized value of our securities exceeds the claims to be secured by more than 20%; we are responsible for selecting the securities to be released.
5.3. Customers are entitled to resell goods subject to retention of title. The customer hereby assigns all claims from the resale of the delivered reserved goods in the amount of the final invoice amount (including sales tax) of our claims including all ancillary rights that rank before his other claims that accrue to him from the resale to the customer or third parties. This applies regardless of whether the delivered goods have been resold without or after processing or mixing or blending. We accept the assignments.
After the assignment, the customer is entitled to collect the claim regardless of our own authority.
However, we undertake not to collect the claim ourselves, provided the customer duly meets his payment obligations and does not default on payment and, in particular, no application for the opening of insolvency or composition proceedings has been filed against his assets.
If this is the case, however, we can demand that the customer informs us of the assigned claims and their debtors and hands over all documents required for collection and informs the debtors or third parties of the assignment.
5.4. The treatment and processing of the goods subject to retention of title or the goods that are our security property by the customer is always carried out in our name and on our behalf, without any liabilities accruing to us as a result.
If items are processed that do not belong to the customer, we acquire co-ownership of the new item in the ratio of the value of the goods delivered by us (invoice - final amount plus sales tax) to the other processed items at the time of processing. For the rest, the same applies to the item created by processing as to the purchased item delivered subject to reservation. This also applies if the customer acquires sole ownership through activities according to sentence 2. The storage for us is free of charge.
If the purchased item is inseparably mixed with other movable items that do not belong to us, we acquire co-ownership of the new item in relation to the value of the goods delivered to us (invoice - final amount plus sales tax) to the other mixed items at the time of mixing. If the mixing takes place in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer transfers proportionate co-ownership to us. The customer keeps the resulting sole ownership or co-ownership for us free of charge.

III Withdrawal Form

At
Winery Mathy-Schanz GbR
Moselle Street 52
54518 Osann-Monzel
Fax: +49 6535 1232
Email: info@weine-mosel.de

I/we hereby revoke the contract concluded by me/us for the purchase of the following goods:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

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Ordered on/ received on:

_____________________________________________________________________

Name of consumer(s):

_____________________________________________________________________

Address of consumer(s):

_____________________________________________________________________

Signature of consumer(s):

_____________________________________________________________________

Date:

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