Terms and Conditions
Terms of Service
I. General Part
1.1. The following terms and conditions regulate the contractual relationship between us, the commercially acting
Winery Mathy-Schanz GbR
represented by Manfred Mathy, Ute Mathy and Alexander Mathy
We are reachable under the following contact details:
Tel: +49 6535 7140
Fax: +49 6535 1232
1.2. Contract language is German.
2.1. Businessman is either the one who operates a trade or the one who has the company registered in the commercial register.
2.2. Commercial business is any business enterprise, unless the company does not require a businesslike nature in terms of type or scope.
2.3. Entrepreneur is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.
2.4. A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed.
2.5. Distance contract for the purposes of these terms and conditions is a contract for the supply of goods or the provision of services that is concluded between an entrepreneur and a consumer under the exclusive use of means of distance communication, unless the conclusion of the contract in the context of a distance selling organized distribution or service system.
2.6. Distance communication means are means of communication that can be used to initiate or conclude a contract without the simultaneous physical presence of the parties, in particular letters, catalogs, telephone calls, faxes, e-mails, as well as broadcasting, tele and media services.
2.7. The contract text in terms of these 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 in the Internet portal is not contract text itself, but only confirms the receipt of the order.
2.8. Textual form is a readable statement that mentions the person of the declarant who has been deposited on a durable medium.
2.9. A durable medium is any medium that allows the recipient to keep or store a statement on the media personally addressed to him for a reasonable period of time, and is fit to keep the statement unchanged play.
2.10. Business premises are immovable commercial premises in which the entrepreneur carries out his activity on a permanent basis, and movable commercial premises in which the entrepreneur usually carries out his activity. Warehouses in which the person acting on behalf of or acting on behalf of the entrepreneur performs his or her duties permanently or ordinarily are equal to the premises of the contractor.
3. Contracting parties / contractual penalty in the case of concealment of a customer suitability
3.1. Legal entities, partnerships and natural persons with unlimited legal capacity are accepted as customers.
3.2. To the extent that minors are also accepted as contract partners, they are excluded as contracting parties in the case of contracts for spirits, spirits containing spirits or foods containing not only a small amount of spirits. Contracts for other alcoholic beverages will in any case not be concluded with children or adolescents under the age of 16. We reserve the right to verify the age of the contracting party by means of suitable proof and verification procedures. We therefore 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 case of a fake customer suitability, no contract is concluded. Instead, the parties agree to a contractual penalty of 5% of the contract price that the unauthorized customer would have had to pay. He is left to prove that damage has not occurred at all or is significantly lower than the lump sum.
4. Validity of these terms and conditions
4.1. These terms and conditions apply exclusively to all contracts, deliveries and other services.
4.2. We do not recognize contrary or deviating conditions.
4.3. As far as 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 always entitled to change or supplement these terms and conditions. Customers have the right to object to such a change. If the objection is not in text form within four weeks of receipt of the notification of change, these shall take effect in accordance with the change. Customers will be notified in text form at the beginning of the deadline that the change notification is considered accepted if not opposed 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 the interests of us.
5.2. Reasonable is the change or deviation, if the customer is not worse or better or not deviated significantly from the performance. This may be the case if the ordered vintage should no longer be available and the following year's quality and price is no longer deviated as insignificant.
6. Cancellation policy
Consumers have the right to withdraw from this contract within fourteen days, without giving any reason, in the case of distance contracts or off-premises contracts. The period of revocation shall be fourteen days from the date 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, which the consumer has ordered under a single order and delivered separately, the last goods, in the case of a contract for the delivery of a good in several partial consignments or pieces, have taken possession of the last partial consignment or piece.
To exercise their right of withdrawal, consumers need us
Winery Mathy-Schanz GbR
represented by Manfred Mathy, Ute Mathy and Alexander Mathy
Telephone: +49 6535 7140
Fax: +49 6535 1232
by means of a clear statement (such as a letter sent by post, fax or e-mail) about their decision to withdraw from this contract.
Consumers can use the attached cancellation form, which is not required.
To comply with the withdrawal period, it is sufficient for consumers to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
6.2. Consequences of the cancellation
If consumers withdraw from this contract, we will have them all the payments we have received from them, including the delivery costs (except for the additional costs that result from consumers choosing a different type of delivery than the cheapest standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notice of withdrawal of this contract has been received by us. For this repayment, we will use the same means of payment used by consumers in the original transaction, unless expressly agreed otherwise with them; in no case will consumers be charged for these repayment charges.
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 the earlier.
Consumers must return or hand over the goods to us immediately and in any case not later than fourteen days from the date on which they inform us of the cancellation of this contract. The deadline is met if consumers send the goods before the expiry of the period of fourteen days.
Consumers bear the direct costs of returning the goods. The costs for non-parceled goods are estimated at a maximum of approximately EUR 150.00.
Consumers are only required to pay for any loss of value of the goods if such loss of value is attributable to their inability to handle the nature, characteristics and functioning of the goods.
7. Conclusion of the contract / storage of the contract and the terms and conditions
7.1. in our internet shop
7.1.1. The application of the products in the Internet shop is a non-binding and non-binding invitation to submit an offer by our customers.
7.1.2. Customers make an offer by going through our order process and then clicking on the link "Order Paid".
7.1.3. We can accept the offer of the customer within 5 days of our choice either by order confirmation or by delivery of the goods.
7.1.4. The contract and these Terms and Conditions will be stored and transmitted to consumers by e-mail.
7.2. for contracts not concluded within the meaning of § 312 b BGB outside of business premises
7.2.1. The application of the products represents a non-binding and non-binding request for the submission of an offer (order or order) by customers.
7.2.2. Customers can make an offer verbally, in writing, in text form or to give it by conclusive behavior.
7.2.3. We can accept the offer either verbally or by order or booking confirmation in writing or text form or by delivery.
8.1. We exclude our liability for slightly negligent breaches of duty, unless damages from injury to life, limb or health or claims under the Product Liability Act are affected or guarantees are affected. Furthermore, the liability for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose observance the customer may regularly rely (essential contractual obligations) remains unaffected.
8.2. In the case of negligently caused property and pecuniary loss, we shall be liable only in the event of a breach of a material contractual obligation, but limited in amount to the damages foreseeable at the time of the conclusion of the contract and typical for the contract.
8.3. The same applies to breaches of duty by our vicarious agents.
9. No set-off
The entrepreneur is not entitled to set off own claims against our payment claims, unless the claims are based on the same contractual relationship, or they are undisputed or legally determined.
10. Right of retention
The entrepreneur is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
11. Customer service
For questions, complaints or complaints you can reach us on weekdays from 08:00 to 18:00 under the following contact details:
Telephone: +49 6535 7140
You can also contact us via our contact form on the website.
12. Severability clause (partial inefficiency)
Should one of the provisions be invalid, the validity of the remaining provisions remains unaffected.
13. Note on the return of packaging
We are affiliated to the disposal system ELS European Licensing Systems.
14. Out-of-court dispute resolution
14.1. In the event of disputes arising from online sales contracts or online service contracts, an OS platform provided by the European Union may be used to settle such disputes, provided that they are actually provided by the European Union.
The platform should be available here: http://ec.europa.eu/consumers/odr/
Our e-mail address is: firstname.lastname@example.org
14.2. We are not obligated to participate in other out-of-court dispute resolution procedures before a Consumer Dispute Board and we do not participate in it.
15. Applicable law, jurisdiction and subsidiary 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 11 April 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 thereby deprived of compelling provisions of the law of the country in which he has his habitual residence.
15.2. In case of litigation, our place of jurisdiction is, if
15.2.1. the customer is a merchant or
15.2.2. the customer has no general 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 entitled to sue at any other legal venue.
15.4. Subsidiary agreements have not been reached.
II. Special Part: Purchase Agreements
1. Terms of delivery / shipping costs
1.1. We deliver exclusively within Germany, excluding the islands.
1.2. Delivery dates, which the customer specifies in his order, require our confirmation to be valid.
1.3. The deadline for delivery begins with payment in advance on the day after receipt of the payment order to the referring bank or other payment methods the day after conclusion of the contract to run and ends with the expiry of the last day of the deadline. If the last day of the period falls on a Saturday, Sunday or a general public holiday recognized at the place of delivery, the next working day shall be replaced by such day.
1.4. Delivery will be made no later than 4 days after the start of the delivery period.
1.5. Costs of packaging and shipping will be charged separately and shown. The exact costs arising from the product description. Unless otherwise stated, the shipping costs are:
· Within Germany up to 11 bottles 5,90 €
· Within Germany from 12 bottles free house
· Outside Germany within the EU per 18 carton 16,90 €
2. Rejection obligation
2.1. If the purchase is a commercial transaction for both contracting parties, the buyer must inspect the goods immediately after delivery by the seller, insofar as this is practicable in the ordinary course of business, and if there is a defect, to inform the seller immediately.
2.2. If the buyer fails to do so, the goods shall be deemed to have been approved unless they are defects that were not identifiable during the investigation.
2.3. If such a deficiency arises later, the notification must be made immediately after the discovery; otherwise, the goods are also considered to be approved in view of this defect.
2.4. If we have fraudulently concealed the defect, we can not rely on these regulations.
3. Liability for defects / limitation period
3.1. In principle, there is a statutory right of defect, unless otherwise specified.
3.2. Insofar as the delivered item does not have the quality agreed between the customer and us or is not suitable for the use stipulated in our contract, or is not suitable for normal use and has the same quality as is the case with items of the same type and If the customer can expect the nature of the thing, or if he does not have the qualities that he could expect after our public statements, then we are obliged to remedy the defect.
3.3. The supplementary performance is carried out towards entrepreneurs at our discretion by eliminating the defect (repair) or delivery of new goods, to consumers of his choice.
3.4. We can refuse supplementary performance without prejudice to § 275 (2) and (3) BGB if it is only possible with disproportionate costs.
3.5. Customers can only claim for damages due to a defect if the supplementary performance has failed. This does not affect their right to assert further claims for damages in accordance with the clause "Liability"
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 number "Liability".
3.7. For entrepreneurs, the limitation period for new goods is one year from the transfer of risk, for used goods, the liability for defects is excluded. This does not apply to claims for damages and reimbursement of expenses due to defects in accordance with the number "Liability". The limitation period also remains unaffected in case of a delivery recourse according to §§ 478, 479 BGB; it is five years from the delivery of the defective item.
3.8. Please note: The crystallization 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:
· Payment in advance
· PayPal and
· 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 full payment of the contractual object remains this our property.
5.2. For merchants, the goods remain our property until complete payment of all claims arising from the business relationship. We undertake to release the securities to which we are entitled at the request of the customer to the extent that the realized value of our securities exceeds the claims to be secured by more than 20%; the selection of the securities to be released is our responsibility.
5.3. Customers are entitled to resell goods subject to retention of title. The customer hereby assigns all claims arising from the resale of the delivered goods in the amount of the final invoice amount (including value added tax) of our claims including all ancillary rights with priority over his other claims accruing 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 if the customer duly fulfills his payment obligations and does not default on payment and, in particular, has not filed an application for insolvency or settlement proceedings against his assets.
If this is the case, however, we can demand that the customer notify us of the assigned claims and their debtors, hand over all documents required for collection and notify the debtors or third parties of the assignment.
5.4. The processing and processing of the reserved goods or the goods in our secure ownership by the customer always takes place in the name and on behalf of us, without any liabilities arising therefrom.
If processing takes place with objects that do not belong to the customer, we acquire co-ownership of the new item in proportion of the value of the goods delivered by us (invoice - final amount plus value added tax) to the other processed items at the time of processing. Incidentally, the same applies to the item resulting from processing as to the purchased item delivered under reservation. This also applies if the customer acquires sole ownership through activities pursuant to sentence 2. The preservation for us is free of charge.
If the purchased item is inseparably mixed with other movable items not belonging to us, we acquire the co-ownership of the new item in proportion to the value of the goods delivered to us (invoice - final amount plus VAT) to the other mixed items at the time of mixing. If the mixing takes place in such a way that the object of the customer is to be regarded as the main item, it is agreed that the customer transfers pro rata co-ownership to us. The customer keeps the resulting sole ownership or co-ownership for us free of charge.
III. withdrawal form
Winery Mathy-Schanz GbR
Fax: +49 6535 1232
I / we hereby revoke the contract concluded by me / us for the purchase of the following goods:
Ordered on / received on:
Name of the consumer (s):
Address of the consumer (s):
Signature of the consumer (s):