General Terms and Conditions
COMPANY, ADDRESS, AUTHORIZED
All contracts about our products are conducted with:
Dagernova Weinmanufaktur /AHR-Winzer eG
53474 Bad Neuenahr-Ahrweiler/Deutschland
Phone 02641/94720, Fax 02641/947294
Internet + Webshop: www.ahrwinzer-eg.de + www.dagernova.de
E-Mail: firstname.lastname@example.org + email@example.com
Board: Thomas Monreal (Chairman), Stefan Stahl
Chairman of supervisory board: Dietmar Surges
District court Koblenz GnR 10121
The European Union provides a platform for a settlement of a dispute: http://ec.europa.eu/consumers/odr
You find our email address at the top of the company details.
We are neither ready nor obligated to participate in a settlement of a dispute in front of an arbitration board.
1.1. A business man is a person who runs a commercial enterprise or someone whose company is registered in the register of companies.
1.2. Every business counts as a commercial enterprise unless the business does not need to be a conduct of business because of type or size.
1.3. An employer is a natural or judicial person or a judicable business partnership which acts on behalf of their commercial or independent professional occupation while concluding a legal transaction.
1.4. A costumer is every natural person who conducts a legal transaction that cannot predominately be appointed to their commercial or independent professional occupation.
1.5. Distant selling contracts in the sense of these terms and conditions represent a contract concerning the delivery of goods or the performance of services between a company and a costumer that were conducted only via means of distance communication unless the conduction of the contract is not held within the setting of systems optimized for the purpose of delivering and servicing distance selling.
1.6. Means of distance communication are means of communication used to form or conduct a contract between a costumer and a company without the parties being physically present like letters, catalogues, phone calls, fax, emails, radio, telecommunication services as well as media services.
1.7. The law of contracts in the sense of these terms and conditions describes the product description and content of the online order that can be formed from the presentation on the web. The order confirmation we send out from our website does not count as law of contract but simply as an order confirmation.
1.8. The shape of text matter is an explanation naming the person who is explaining something and was submitted on a lasting data carrier.
1.9. A lasting data carrier describes every medium that allows the recipient to save or store as well as recite the explanation addressed to them that was put onto the data carrier unrevised for a reasonable amount of time.
1.10. Business premises are unmovable commercial spaces in which the employer works steadily as well as unmovable commercial spaces in which the employer works usually. Business premises in which people who act in the name or order of the employer steadily and usually are equal to the business premises of the employer.
- CONTRACTING PARTY/CONTRACTUAL PENALTY FOR FAKING A CLIENT CANDIDACY
2.1. Only legal people, business partnerships or unrestricted legally competent natural people are accepted as clients.
2.2. Underage people are excluded from conducting a contract over spirits, beverages containing spirits or food that contains small portions of spirit. Contracts about other alcoholic beverages will not be conducted with people under the age of 16. We reserve the right to examine the age of the contracting party through suitable proof. We also reserve the right to demand a copy of the identity card.
2.3. The client is obliged to give true details while ordering and not give his passwords to third parties.
2.4. In the case of faking a client candidacy, no contract is concluded. Instead, the parties agree on a contractual penalty of 5% of the agreed price that the not authorized client has to pay. The customer is entitled to furnish evidence to prove that lesser or no damages have been incurred.
- SCOPE AND ALTERATION OF THESE TERMS AND CONDITIONS
3.1 The following conditions as well as the terms and conditions of delivery and payment apply to all deliveries (also future deliveries) from the cooperation to buyers (companies as well as clients) if no other special terms (e.g. in the case of collaboration of a general commission agent) were agreed on.
The ineffectiveness of certain conditions has no effect of the effectiveness of the other conditions. The same applies if few conditions are not part of a contract.
3.2 Alterations of these terms and conditions will be sent over to the contracting party via shape of text matter. They count as valid and granted if the contracting party does not contradict. The cooperation will heavily point this out when announcing alterations. The contracting party has to send their contradiction to the cooperation after the announcement within six weeks.
- CONCLUSION OF A CONTRACT
4.1 This is a conditional offer. It’s addressed to a buying group selected by the cooperation. When a new price list comes out, all preceding lists count as expired..
4.2 When contracts with companies are concluded with subject to written or distantly written confirmation, the content of the letter of confirmation is decisive if the recipient does not contradict.
5.1 For any delivery, the terms and conditions of delivery and payment of the cooperation apply.
5.2 The cooperation has the right to deliver the contractual supply as partial shipments if reasonable for the client. If it was agreed that the shipment is delivered on recall, the buyer has a reasonable amount of time to collect the goods.
5.3 The delivery takes place within a week if no other delivery deadline was agreed on.
5.4 If performing the delivery is impossible or heavily charged (see
§ 275 Abs. 2 BGB german law) due to force majeure, governmental measures, closure of the company, walkout, extreme weather (e.g. heat, hail, frost or danger of frost) or similar circumstances, the cooperation is freed from the obligation to supply for the duration of the hindrances and their aftereffect. This also authorizes the cooperation to resign from the contract when holding on to the contract is not reasonable for the cooperation. If the cooperation does not receive all goods from their pre-supplier, the cooperation is freed from their duty to supply fully or at least partly. This only applies if the cooperation has made enough preparations for procuring the needed auxiliary materials and chose their pre-suppliers with caution.
The cooperation obliges to sign over their claims against the supplier to the employer if wanted. In this case, the employer stays obliged to offer a service in return following § 326 Abs. 3 BGB German law. The cooperation will immediately inform the employer about the above-mentioned events and the unavailability and – in case of a withdrawal – reimburse the employer the payment in return.
5.5 Raise of transportation costs and rate changes can be added to the purchase price by the cooperation if the delivery takes place more than four months after conducting the contract.
5.6 The delivery happens at the expense of the recipient (this applies also if the recipient lives in the same town as the cooperation) with the exception of the goods being delivered with vehicles from the cooperation. Where the customer is a business, the risk passes to the customer at the moment in time in which the delivery item leaves the works of Dagernova – this also applies to items free of transportation charges. The cooperation choses the mode of dispatch if the buyer did not give any instructions. Transport insurance to any extent is possible if the client requests it and happens on the expense of the buyer.
5.7 When purchasing after trying, the samples delivered by the cooperation count as commercial sample.
5.8 All deliveries go to the buyers stated address. If no adress was given, the sale contract is regarded als fulfilled by delivering the goods to the the buyer’s headquarters.
5.9 When delivering grapes, mash, ciders or wine from the wood the following applies: the buyer obliges themselves to take the wine from the wood from the deliverer six weeks after conducting the contract at the latest and announce the date for pickup two days in advance. The buyer obliges themselves to take the grapes, mash or cider immediately after conducting the contract. After conducting the contract, the buyer is responsible for the storage of the goods. The sale of wine from the wood, grapes, mash and cider happens “from the cellar”. The costs for filling as well as the costs for loading bears the buyer. The amount of wine from the wood stated in the confirmation of the order does not apply to the bunch (half-piece, piece, cartload, tank etc.) but the amounted liters.
6.1 When delivering bottled wine, the goods are packed in accordance with standard commercial practice. Borrowed packaging has to be emptied and given back immediately and in perfect condition – carriage paid by the employer. The packagings cannot be filled with other goods or used in another way.
6.2 Comment on taking back packaging
We are affiliated with the disposal system Landbell AG.
- LETTER OF COMPLAINT BY THE EMPLOYER
7.1 Complaints about visibly defective and obviously dissentient quality of the goods or receiving a different delivery than ordered, the employer needs to assert his claim for damages immediately or in the course of one week at the latest after receiving the goods or rather after the damages were found visibly. The cooperation is responsible for warranty claims of the employer for one year except if § 309 Nr. 7 Buchst. a und b BGB apply.
7.2 The employer has to examine the delivered goods with regard to amount, quality and composition and is obliged to note down the defects on the receipt of delivery. Incidentally, for the relationship with the costumer, § 377 HGB applies.
- CONTROL OF CALCUCATION OF A BILL
Bills written by the cooperation need to be examined by the recipient immediately after receiving them with regard to correctness, especially in regards to the acknowledged sales tax.
The cooperation needs to be notified in writing about any complaints or an incorrect sales tax within 14 days from receiving the bill. If the cooperation is not notified within 14 days, the sales tax given out by the cooperation counts as binding. When the duty of disclosure is violated, the employer is obliged to make amends as the law requires towards the cooperation.
9.1 In terms of payment, the terms and conditions of delivery and payment of the cooperation apply and, if not agreed otherwise, methods of payment are: transfer, pre-payment, credit card, PayPal, SEPA corporate debit note, check and cash (only when picked up).
9.2 When delivering wine from the wood or cider, the purchase price of the wine at the time of the acceptance of the wine or cider has to be paid six weeks after conducting the contract at the latest without deductions, postage-prepaid and free of charge if no other agreement was made.
9.3 When the payment is made via check, not the receipt of the check at the cooperation counts as contract performance but the unreservedly credit entry.
9.4 All arising mutual demands are put into a cash account to which §§ 355 ff. HGB applies. The balance notification of the cooperation passes for account statement. The balance counts as acknowledged if the buyer does not raise an objection within six weeks after account statement. The cooperation will point this out to the buyer when delivering the account statement. Statutory claims remain unaffected.
9.5 The buyer can only set off counterclaims against the cooperation that cannot be rejected or legally determined. The buyer cannot execute a right of retention that is not based on the same contractual relationship.
9.6 Where payment happens by SEPA corporate debit note, the cooperation informs the buyer about the execution of the direct debit order or standing orders with varying amounts one working day before the execution of the direct debit order at the latest. Where a standing order with consitent amounts happens, the cooperation informs the buyer about the execution of the first and the following direct debit orders one working day before the first direct debit order happens at the latest.
- IMPAIRMENT OF PERFORMANCE
10.1 The purchase price is considered due immediately when the buyer refuses to pay the purchase price. The same legal consequences apply when the buyer and the cooperation agreed on an instalment plan and the buyer is behind with a payment higher than a usual rate and if the overdue amount is at least 10% of the whole purchase price. In the case of a final refusal of payment on the part of the buyer, the cooperation is entitled to reject the fulfilment of the contract without setting an extended deadline and demand replacement for all expenses incurred, disbursement as well as compensation for depreciation.
10.2 Where the due purchase price is not paid immediately after demand for payment, the consumer has to pay default interest of 5% over the base lending rate, the employer has to pay default interest of 8% over the base lending rate. The cooperation is allowed to demand advance payment, advance part payment or handing over the goods for cash.
10.3 Where delay in taking delivery on the part of the buyer happens, the cooperation is allowed to store the goods in their storehouse or the storehouse of a third party at the expense of the buyer or use the goods in a suitable way at the expense of the buyer without any announcement towards them.
10.4 The cooperation is allowed to demand the immediate payment of all claims or make them depend on the payment of a hedging if a considerable deterioration of the financial circumstances of the buyer occur.
- RESERVATION OF OWNERSHIP
11.1 The delivered goods are property of the cooperation until the full purchase price is paid. In terms of employers, this also applies to any demands the cooperation makes against the buyer now or in any other future business relation. The cooperation is allowed to withdraw from the contract after reasonable fixing of a time limit if the buyer acts in breach of contract, especially if the buyer is behind with a payment.
11.2 Are the goods under retention – that are owned by the buyer or a third party – blended or mixed with other goods to form a new sales unit, the cooperation automatically becomes co-owner of the uniformed items to the extent of the value of the goods under retention in comparison with the value of the mixed and blended goods at the time of the blending or mixing or packing.
11.3 The handling and processing of the goods under retention by the buyer is always carried out for the cooperation. If the goods under retention are processed with other objects that don’t belong to the cooperation, the cooperation acquires the co-ownership of the new item in comparison to the value of the goods under retention and the value of the processed objects at the time of handling or processing.
11.4 The buyer has to insure the goods owned by the cooperation in a reasonable manner at his own expense if they ask them to and sign over the insurance claims to the cooperation. The cooperation is also allowed to execute insurance premium at the expense of the buyer.
11.5 The buyer is only allowed to resale the goods – including blending, mixing, processing or handling the goods – in the context of their conduct of business in accordance with the regulations.
They cannot have the goods at their disposal for any other purposes, especially pawning or collateral assignment.
11.6 The employer already signs over any claims that come with resale over to the cooperation. The same applies to claims that take the place of the goods under retention or occur regarding these goods. In the case of handling and processing, this applies on the condition that a major installment (that corresponds to the share within the co-ownership) is signed over. If the owner sells the goods, that are owned or co-owned by the cooperation, together with other goods that don’t belong to the cooperation, for a total price, the employer already signs over an installment that equals the value of the goods under retention to the cooperation.
11.7 The employer is authorized to withdraw the assigned book account from the resales. The cooperation is authorized to revoke the direct debit authorization any time if the employer does not fulfil his duty to pay, is behind in payment, if a bankruptcy petition was filed or a stoppage of payments or sequestration through a third party takes place. The employer is obliged to name the debtors if asked by the cooperation, to announce the signing over towards the debtors or hand over the notice of assignment to the cooperation. As long as the employer honors his financial commitments, the cooperation will not reveal the signing over. If the realizable value of the payment-securities excels the claims more than 10%, the cooperation is obliged to release some securities of their choice if asked by the employer.
11.8 Where payment of the purchase price happens by check, the reservation of ownership expires only with payment of the check by the buyer.
12.1 Claim for damages on the part of the buyer, no matter what legal ground, especially when it comes to violation of duty concerning the contractual obligation and tort, are impossible.
12.2 This does not apply when accountability is compulsory, especially in the following cases:
- deceitfulness, resolution and gross negligence
- hurting peoples lives, bodies and health
- acceptance of a guarantee, e.g. for the existence of a feature
- violation of contractual obligation or
- the accountability according to the Product Liability Act
12.3 Claim for damages because of gross negligent violations of considerable contractual obligations are restricted to the damages that are typical to the contract and foreseeable.
12.4 If the accountability is impossible or limited, this also applies to the personal accountability of employees, representatives and accomplices of the cooperation.
12.5 Changing the burden of proof disadvantageously for the contracting party is not connected to the previous regulations.
- PLACE OF PERFORMANCE, LAW APPLICABLE
13.1 The business rooms of the cooperation are place of performance for both parties if the buyer is a businessman or a juridical person of public law or a separate estate under public law or if his domicile is outside of the Federal Republic of Germany.
13.2 The law effective at the place of performance is decisive for all legal relations between the buyer, the employer and the cooperation namely when the lawsuit is filed in a foreign country.
- LEGAL VENUE
Where the costumer is a businessman or a juridical person of public law or a separate estate under public law, the cooperation is authorized to take legal actions at the place of performance and legal actions against the cooperation can only be taken at this legal venue. If the cooperation gives the cooperative trustee or collecting agency the task to assert their claims, they can also take legal actions at the general legal venue. The cooperation or the collecting agency are authorized to file suits of their own choice at the district court, even if the provincial court would be responsible considering the sum in dispute. Corresponding to the EU law for settlement of a dispute, we refer to the online platform of the EU for settlement of disputes. The platform is accessible through: http://ec.europa.eu/consumers/odr/
We are not ready or obliged to attend a settlement of dispute in front of an arbitration board.
- RETURN SHIPPING COSTS IN LONG-DISTANCE TRANSACTIONS WITH CONSUMERS
In the case of carrying out his right to withdraw, the consumer is obliged to bear the costs for return shipping.
- COMPENSATION DUTY IN LONG-DISTANCE TRANSACTIONS WITH CONSUMERS
The consumer is obliged to pay compensation for lost value if the depreciation is attributed to the handling of the goods that was not necessary to examine the composition, the characteristics functioning of the goods.