General Terms and Conditions

The following General Terms and Conditions (GTC) govern the sale of products and services by Weingut Weihbrecht eGbR, represented by Simon Weihbrecht, Hauptstraße 20, 74626 Bretzfeld. Registered in the Commercial Register of the Stuttgart Local Court, registration number: GsR 3536, VAT ID No.: DE252737642, Phone: 07946/2788, Email: info@weingut-weihbrecht.de, hereinafter referred to as the “Seller,” via the online store at www.weingut-weihbrecht.de.

§ 1 Scope of application

(1) These Terms and Conditions apply to all contracts concluded between the Provider and both private customers (as defined in § 13 of the German Civil Code (BGB)) and business customers (as defined in § 14 of the German Civil Code (BGB)) through the online store at www.weingut-weihbrecht.de.

(2) Deviating terms and conditions of the customer shall not apply unless the provider expressly agrees to their validity in writing.

(3) The scope of the products offered includes: Alcoholic and non-alcoholic beverages, accessories

(4) The scope of the services offered includes Events

§ 2 Conclusion of contract

(1) The contract is concluded with the supplier: Weingut Weihbrecht GbR, Hauptstraße 20, 74626 Bretzfeld.

(2) The contract and negotiation language is German.

(3) The customer must be at least 18 years old.

(4) The presentation of products and services in the online store does not constitute a legally binding offer, but rather an invitation to place an order. The customer submits a binding offer by completing the ordering process and clicking the “Place Order” button at the end. Receipt of the order is confirmed by an automatic email; however, this does not yet constitute acceptance of the offer. The purchase contract is not concluded until an express confirmation of acceptance is sent via email or until the goods are shipped or the service is provided.

(5) Orders that exceed normal household quantities require the express consent of the provider. This applies both to the number of products and/or services ordered within one order and to the placing of multiple orders for the same product and/or service.

(6) The order data is saved after the contract is concluded and can be viewed in the customer login.

(7) The customer agrees to receive invoices exclusively in electronic form. Electronic invoices shall be made available by e-mail or in the customer account.

§ 3 Prices and shipping costs

(1) All prices quoted include statutory VAT.

(2) The prices quoted are exclusive of the respective shipping costs, unless expressly stated otherwise.

(3) It may happen that products in the online store are inadvertently labeled with an incorrect price. In such a case, the provider will contact the customer before shipping the goods to inform them that the actual price is higher and ask them whether they wish to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the stated price, the supplier will charge the lower amount and send the product.

(4) The prices stated at the time of the order shall apply. If list prices are available, the list prices at the time of the order shall apply.

§ 4 Terms of payment

(1) Payment of the purchase price is due upon conclusion of the contract. The customer can pay the purchase price using the payment methods specified in the online store.

(2) By registering, providing the data required for the payment procedure and using the chargeable service, the user authorizes the provider to collect the corresponding amount.

(3) A fee-based service is automatically extended by the respective booked period (subscription) unless it is terminated in due time by telephone, e-mail or written letter.

(4) The user must ensure that the information provided when registering and using the service is correct and complete.

(5) The notice period for the fee-based service is 30 calendar days, unless a different notice period has been agreed. Notice of termination must be given in writing and must be sent to the address of the provider.

(6) PayPal: After completing the order, the customer is redirected to PayPal, where he can initiate the payment. The shipment is made after confirmation of receipt of payment.

(7) Credit card: The customer enters his credit card details during the order process. The amount will be debited after the goods have been dispatched.

(8) When the goods are dispatched, the invoice will be sent by e-mail or, if no e-mail address has been provided, by post to the billing address provided.

(9) If the customer is in default of payment or if a return debit note is issued, the provider is entitled to claim damages for default (e.g. reminder fees, default interest, chargeback fees).

(10) Payment by sending cash or checks is not possible.

§ 5 Retention of title

(1) The delivered goods remain the property of the supplier until the purchase price has been paid in full.

(2) The customer is obliged to treat the goods with care during the retention of title. In particular, he must carry out all necessary maintenance and inspection work in good time and at his own expense.

(3) The customer must inform the supplier immediately in writing if the goods are seized or exposed to other interventions by third parties so that the supplier can take legal action in accordance with § 771 ZPO. If the third party is not in a position to reimburse the Provider for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the Customer shall be liable for the loss incurred by the Provider.

§ 6 Delivery, Cancellation and Shipping

(1) Unless otherwise stated in the offer, the delivery time is expected to be 5 working days. The provider endeavors to adhere to the stated delivery times. If delivery times cannot be met, the customer will be informed immediately and payments already made will be refunded.

(2) Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer within Germany. Information on the availability of the products can be found on the provider’s website. All information on availability, shipping or delivery times is non-binding, unless it is expressly marked as binding.

(3) Should it be determined during the processing of the order that the ordered products are not available, the customer will be informed immediately by e-mail or message in the customer account. The customer’s statutory claims remain unaffected.

(4) Delivery is made according to the customer’s chosen method of payment. In the case of advance payment, delivery shall be made after receipt of payment. For all other payment methods, delivery shall be made after conclusion of the contract.

(5) If the order is sent in several packages, the customer may receive a separate shipping confirmation for each package. In this case, a separate purchase contract for the products listed in the respective shipping confirmation is concluded for each shipping confirmation.

(6) The customer can cancel his order free of charge until the goods are dispatched. After shipment, cancellation is only possible in accordance with the regulations on the right of withdrawal.

(7) Partial deliveries are permissible insofar as they are reasonable for the customer. Additional shipping costs shall only be incurred if expressly agreed.

(8) Should the delivery of the goods fail through the fault of the customer, the provider reserves the right to withdraw from the contract. Payments already made will be refunded to the customer immediately.

(9) If the Provider is unable to deliver the ordered goods through no fault of its own because the Provider’s supplier does not fulfill its contractual obligations, the Provider is entitled to withdraw from the contract. In this case, the customer will be informed immediately and payments already made will be refunded.

(10) Should the delivery of the ordered products be delayed or become impossible due to force majeure or other unforeseeable, extraordinary circumstances for which the supplier is not responsible – such as natural disasters, war, strikes or official measures – the delivery periods shall be extended accordingly. The supplier shall inform the customer immediately of the non-availability. In such cases, the provider is entitled to withdraw from the contract. The customer shall be informed of the withdrawal without delay and any payments already made shall be reimbursed.

(11) The provider is not liable for delays in delivery caused by circumstances beyond its control (force majeure). In such a case, the customer will be informed immediately and a new delivery date will be agreed.

§ 7 Transport damage

(1) If you receive the goods with obvious transport damage, please complain about such defects immediately to the deliverer and contact us without delay.

(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.

§ 8 Statutory Liability for Defects and Warranty

(1) Warranty for Private Customers (Consumers) All items offered in our store are covered by statutory warranty rights. If the customer is a consumer, the warranty rights are governed by the statutory provisions on liability for defects (Sections 433 et seq. of the German Civil Code (BGB)). Consumers in the EU are entitled to a statutory warranty of at least two years from the date of delivery of the goods or the provision of the service in the event of defects.

(2) Standard Notice on the Statutory Warranty For an explanation of your statutory rights as a consumer under the EU Directives, please refer to the following standard notice on the statutory warranty, which applies throughout Europe:

(3) Used Goods Notwithstanding paragraph 1, in the case of the sale of used goods to consumers, warranty claims expire one year after delivery of the goods.

(4) Warranty for Business Customers (Entrepreneurs) If the customer is an entrepreneur (as defined in § 14 BGB), a defect shall be remedied by replacement, repair, or the provision of a new, defect-free service. The provider may choose whether the subsequent performance takes the form of remedying the defect, delivering a defect-free item, or providing a new service. For business customers, the statute of limitations for claims for defects is one year from the transfer of risk. This limitation does not apply to claims for damages arising from injury to life, limb, or health, or in cases of willful misconduct or gross negligence.

§ 9 Liability (for private customers)

This liability clause applies exclusively to private customers (within the meaning of § 13 BGB).

(1) If the customer is a consumer, liability shall be governed by the statutory provisions.

(2) The liability of the provider for contractual breaches of duty and tort is limited to intent and gross negligence. This limitation of liability shall not apply in the event of injury to life, body and health of the customer, in the event of claims due to the breach of essential contractual obligations (cardinal obligations) and in the event of compensation for damages caused by delay in accordance with § 286 BGB. In this respect, the provider is liable for any degree of fault.

(3) In the event of a slightly negligent breach of material contractual obligations (cardinal obligations), the provider’s liability shall be limited to the amount of typically foreseeable damage. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract and on whose compliance the customer may regularly rely.

(4) The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by the provider’s legal representatives or vicarious agents.

(5) The provider assumes no responsibility for the content and accuracy of the information in the customer’s registration and profile data or other content generated by the customer.

(6) Claims for damages shall be limited to the foreseeable damage typical for the contract. In the event of default, the maximum liability shall be 5% of the order value.

(7) Claims for damages based on injury to life, limb or health shall become time-barred after 30 years; all other claims for damages shall become time-barred after two years. The limitation period shall commence at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the identity of the debtor or should have become aware of them without gross negligence (Section 199 (1) BGB).

(8) The provider is entitled to check texts created by customers and uploaded files for compliance with statutory regulations and legal provisions. In the event of violations, the provider reserves the right to remove this content in whole or in part.

(9) Liability under the Product Liability Act remains unaffected.

§ 10 Liability (for business customers)

This liability clause applies exclusively to business customers (within the meaning of § 14 BGB).

(1) The liability of the provider for contractual breaches of duty and tort is limited to intent and gross negligence. This limitation of liability shall not apply in the event of injury to life, body and health of the customer, in the event of claims due to the breach of essential contractual obligations (cardinal obligations) and in the event of compensation for damages caused by delay in accordance with § 286 BGB. In this respect, the provider is liable for any degree of fault.

(2) In the event of a slightly negligent breach of material contractual obligations (cardinal obligations), the provider’s liability shall be limited to the amount of typically foreseeable damage. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract and on whose compliance the customer may regularly rely.

(3) The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by the provider’s legal representatives or vicarious agents.

(4) The provider assumes no responsibility for the content and accuracy of the information in the customer’s registration and profile data or other content generated by the customer.

(5) Claims for damages shall be limited to the foreseeable damage typical for the contract. In the event of default, the maximum liability shall be 5% of the order value.

(6) Claims for damages based on injury to life, limb or health shall become time-barred after 30 years; all other claims for damages shall become time-barred after one year. The limitation period shall commence at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the identity of the debtor or should have become aware of them without gross negligence (Section 199 (1) BGB).

(7) The provider is entitled to check texts created by customers and uploaded files for compliance with statutory regulations and legal provisions. In the event of violations, the provider reserves the right to remove this content in whole or in part.

(8) Liability under the Product Liability Act remains unaffected.

§ 11 Data protection

(1) The collection and processing of personal data is carried out in accordance with the applicable data protection regulations. The provider undertakes to treat the customer’s data confidentially and not to pass it on to third parties unless the customer has expressly consented or there is a legal obligation to do so.

(2) The customer has the right to receive information free of charge at any time about the data stored about him/her and to request its correction, deletion or restriction of processing.

(3) Further information on data protection can be found in the provider’s privacy policy.

§ 12 Offsetting and right of retention

(1) The customer is only entitled to offset if his counterclaim has been legally established or is undisputed by the provider.

(2) The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.

§ 13 User account

(1) The customer is obliged to provide complete and truthful information when registering and creating the user account. The customer must keep his access data (user name and password) safe and protect it from access by third parties. The Provider shall not be liable for damages resulting from the misuse of access data, unless the Provider is responsible for the misuse. The customer may only create one user account. Multiple registrations are not permitted and may lead to the blocking or deletion of user accounts.

(2) The customer is obliged to update changes to their personal data, in particular contact and payment data, immediately in their user account. The customer is responsible for all activities carried out under his user account, unless he is not responsible for the misuse of his account.

(3) The provider reserves the right to block or delete the user account if there are indications of misuse, if the customer violates these GTC or if the customer has provided incorrect information during registration. The customer can request the deletion of their user account at any time. The Provider shall delete the user account and all associated data immediately, provided that there are no statutory retention obligations to the contrary. After deletion of the user account, the customer can only create a new user account by registering again.

(4) The provider endeavors to ensure a high availability of the user account. However, temporary restrictions or interruptions due to technical maintenance work or unforeseeable events (e.g. force majeure) cannot be ruled out. The provider shall not be liable for any damage caused by temporary unavailability of the user account, unless the provider is responsible for the unavailability.

(5) The provider reserves the right to change, expand or restrict the functions and content of the user account at any time. The customer will be notified of changes to this clause by e-mail at least four weeks before they come into effect. If the customer does not object to the changes within four weeks of receipt of the notification of change, the changes shall be deemed to have been accepted. The provider shall inform the customer of this legal consequence separately in the notification of change.

§ 14 Amendments to the GTC

(1) The provider reserves the right to amend these GTC at any time with effect for the future.

(2) The customer shall be notified of the changes by e-mail at least four weeks before they come into effect.

(3) If the customer does not object to the changes within four weeks of receipt of the notification of change, the changes shall be deemed to have been accepted. The provider shall inform the customer of this legal consequence separately in the notification of change.

§ 15 Force majeure

(1) Events of force majeure which make delivery significantly more difficult or impossible for the supplier shall entitle the supplier to postpone delivery for the duration of the hindrance or to withdraw from the contract in whole or in part due to the part not yet fulfilled.

(2) Force majeure includes all events that are beyond the control of the provider and whose occurrence was not foreseeable at the time the contract was concluded, such as natural disasters, war, terrorist attacks, import and export bans, strikes, official orders or other serious operational disruptions through no fault of the provider.

§ 16 Assumption of contract

(1) The provider is entitled to transfer its rights and obligations from this contractual relationship in whole or in part to a third party with a notice period of four weeks.

(2) In this case, the customer has the right to terminate the contract with immediate effect.

§ 17 Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply to all legal relationships between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the provider.

§ Section 18 Online dispute resolution and participation in arbitration proceedings

We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

§ 19 Events

(1) Bookings for events (e.g., wine experiences, wine-tasting events) are binding because they are tied to a specific date. There is no statutory right of withdrawal pursuant to Section 312g(2)(9) of the German Civil Code (BGB).

(2) Tickets are transferable to other persons. In the event of a transfer, the provider must be notified of the name change in a timely manner prior to the event. Minors are not permitted to attend alcohol-related events; participation is subject to the provisions of the Youth Protection Act.

(3) The provider reserves the right to cancel events up to 48 hours before they begin if the specified minimum number of participants is not reached.

(4) If an event cannot take place due to staff illness, extreme weather (for outdoor events), or other unforeseeable circumstances beyond the provider’s control (force majeure), the customer will be notified immediately. In this case, the ticket price already paid will be refunded in full or, alternatively, the ticket will be rebooked for an alternate date. Any further claims (e.g., travel expenses, hotel reservations) are excluded.

(5) Attendees must follow the instructions of the staff during the event, particularly with regard to the responsible consumption of Alcohol and safety on the premises.

§ 20 Special features of the wine subscription

(1) The provider offers a wine subscription service for which the customer pays a monthly fee. The contract is open-ended and automatically renews for one month at a time unless canceled by the deadline.

(2) Wine packages are delivered twice per calendar year (expected in April and November). Full payment of the six preceding monthly installments is required before a wine package can be shipped.

(3) If the customer terminates the contract before paying six monthly installments for the next scheduled wine package, the obligation to pay ends upon expiration of the notice period. In this case, the customer has the following options: a) They may pay the difference between the remaining monthly payments for the next package in a single lump sum to retain the right to receive the package. b) They will receive a gift certificate for the provider’s online store based on the balance already paid.

(4) If the customer receives a welcome gift (e.g., a bottle of wine) or a bonus upon entering into the contract, the provision of such gift or bonus free of charge is contingent upon the uninterrupted continuation of the subscription for at least six months. If the customer cancels the subscription before the end of these six months, the provider is entitled to offset the regular retail value of the welcome gift against the credit balance accrued pursuant to paragraph 3(b). If the credit balance is insufficient to cover this amount, the difference may be billed.

§ 21 Final provisions

(1) The contractual language is German.

(2) The provider does not offer any products or services for purchase by minors. Products for children can only be purchased by adults. Persons under the age of 18 may only use the website with the assistance of a parent or legal guardian.

(3) Should individual provisions of these GTC be invalid, they shall be replaced by the statutory provisions. The validity of the remaining provisions shall remain unaffected.

(4) Amendments or supplements to these GTC must be made in writing. This also applies to the waiver of this written form requirement.

(5) The provider reserves the right to make changes to the website, regulations, terms and conditions including these GTC at any time. Your order shall be subject to the terms and conditions of sale, contractual terms and conditions and GTC in force at the time of your order, unless a change to these terms and conditions is required by law or official order (in which case they shall also apply to orders that you have previously placed).

(6) There are no verbal collateral agreements. Amendments or additions to this agreement must be made in writing.