Terms of Service
1.1. The following General Terms and Conditions regulate the contractual relationships between Rinke Weine, Dr. Marion and Alexander Rinke, Marienholzstr. 69, D-54292 Trier and our customers. All of our deliveries are made exclusively on the basis of these general terms and conditions ("GTC"). We do not recognize any conditions that deviate from or supplement these terms and conditions or statutory provisions.
1.2. If the customer is a merchant, the terms and conditions apply to all future business relationships, even if they are not expressly agreed again.
1.3. By initiating the order process, you accept the terms and conditions in their currently valid form.
1.4. The contract language is German.
2.1. A businessman is either the one who runs a trade or the one who has the company name of his company entered in the commercial register.
2.2. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2.3. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
2.4. Distance selling contract within the meaning of these terms and conditions is a contract for the delivery of goods or the provision of services that is concluded between an entrepreneur and a consumer with the exclusive use of means of distance communication, unless the conclusion of the contract is not in the context of a sales organization organized for distance selling - or service system.
2.5. Distance communication means are means of communication that can be used to initiate or conclude a contract between a consumer and an entrepreneur without the simultaneous physical presence of the contracting parties, in particular letters, catalogs, telephone calls, faxes, e-mails as well as radio, tele and media services.
2.6. The text of the contract within the meaning 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 on the Internet portal is not itself a contract text, but only confirms receipt of the order.
3. Revocation, cancellation policy
We attach great importance to the above-average quality of our products. We want you to be pleased. Should you still not like our goods, we will take the goods back without hesitation in accordance with the conditions specified in the cancellation policy, provided you are a consumer. Information on the revocation, the revocation period, the form of revocation as well as a template for a declaration of revocation can be found under the heading "Revocation Instructions".
4. Conclusion of a contract
Our offers are always subject to change and non-binding. The presentation of the goods in our online shop, by e-mail or cover letter does not constitute a legally binding offer to conclude a contract. A legally binding contract only comes into existence through your order and our order confirmation (acceptance) or our delivery of the goods. Your online order only becomes binding when you click the "BUY NOW" button after completing your entries in the order phase and complete the payment process in the payment terminal by clicking the "Pay" button, thereby submitting the order electronically. Before that, changes and a complete withdrawal from the order are possible at any time.
5. Prices / shipping costs
Our prices are final prices in euros (€). They already include the statutory VAT. This is shown separately on the invoice. From 12 bottles we deliver free of charge. Shipping costs are also shown separately in the invoice. Unless otherwise stated, we only charge a flat-rate shipping and packaging fee of € 7.90 for fewer than 12 bottles. If you order 12 bottles or more, shipping is free of charge. The exact shipping costs can be found in the product description.
6.1. We will deliver your order to the delivery address you have provided. Delivery takes place exclusively within the territory of the Federal Republic of Germany, excluding islands. Orders are dispatched for delivery within five working days at the latest. The deadline for delivery begins on the day after your order and ends on the following fifth working day. In the case of prepayment, the delivery period begins after receipt of payment and ends on the following fifth working day. Delivery takes place no later than 4 days after the start of the delivery period.
6.2. We only deliver to people over the age of 18. We generally send our goods with a parcel service, but we reserve the right to deliver goods personally.
6.3. If we are culpably in default with the delivery, your claim for damages is limited to a maximum of 5% of the net order value of the delayed part of the delivery. This does not apply to intent or gross negligence.
6.4. If you are in default of acceptance or if you culpably violate any other obligation to cooperate, we are entitled, without prejudice to further claims, to demand compensation for the damage resulting therefrom.
6.5. We reserve the right to change the promised services or deviate from them if the change or deviation is reasonable for the customer, taking our interests into account. The change or deviation is reasonable if the customer is not in a worse or better position or if the service is not significantly deviated from. This can be the case if the ordered year is no longer available and the following year does not differ more than insignificantly in terms of quality and price. This can also apply to partial deliveries, provided that such is reasonable for you. Partial deliveries do not result in increased shipping costs for you.
7. Payment, late payment and retention of title
7.1. Payment of the invoice is possible by PayPal, credit card (Mastercard, Visa), prepayment or invoice. We reserve the right to exclude individual payment methods.
7.2. By entering the PayPal user data and completing your order in accordance with Section 4, you authorize us to debit the invoice amount to your PayPal user account when paying by PayPal.
7.3. If payment is not made by PayPal, credit card or against prepayment, you pay by transferring the invoice amount within 15 days of receiving our invoice. If a transfer is made, only the amount credited to our account counts as payment.
7.4. You are only entitled to set-off rights and rights of retention if your counterclaims have been legally established, are undisputed or have been recognized by us. You also have a right of retention if your counterclaim is based on the same contractual relationship and is proportionate to our claim.
7.5. If you are in default of payment, we are entitled - without prejudice to further claims - to demand interest on arrears in accordance with the statutory provisions. If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), in the event of default in payment, we are entitled to charge interest on arrears at the rate customary in banking, but at least 9 percentage points above the base rate.
7.6. The delivered goods remain our property until they have been paid for in full. You are obliged to inform us immediately in the event of third-party access to the goods subject to retention of title (goods subject to retention of title), in particular in the event of enforcement measures or other confiscations, and to inform the third party immediately about the retention of title. You must also inform us immediately of any damage to the reserved goods. If you are a consumer, you are prohibited from transferring ownership of the goods to a third party for the duration of the retention of title. You are not permitted to pledge goods that are subject to retention of title or to assign them as security.
7.7. 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%; the selection of the securities to be released is incumbent on us.
7.8. Entrepreneurs are entitled to resell goods subject to retention of title. The customer already now assigns all claims from the resale with regard to the delivered goods subject to retention of title in the amount of the final invoice amount (including sales tax) of our claims including all ancillary rights with priority over his other claims that accrue to him from the resale. 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 authorization. However, we undertake not to collect the claim ourselves, provided that the customer duly fulfills his payment obligations and is not in default of payment and, in particular, no application has been made to open insolvency or composition 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 as well as hand over all documents required for collection and notify the debtors or third parties of the assignment.
8. Liability for defects
We accept liability for defects exclusively within the framework of the statutory provisions. The crystallization of tartar does not represent a defect. The same applies to cloudiness that occurs in unfiltered or only roughly filtered wines.
9. Duty to notify
9.1. 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 becomes apparent, notify the seller immediately. If the buyer fails to notify us, the goods are deemed to have been approved, unless there is a defect that could not be identified during the examination.
9.2. If such a defect appears later, the report must be made immediately after it is discovered; otherwise the goods are deemed to have been approved even with regard to this defect.
9.3. If we have fraudulently concealed the defect, we cannot invoke these regulations.
10.1. We exclude our liability for slightly negligent breaches of duty, unless damage resulting from injury 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 enables the proper execution of the contract in the first place and compliance with which the customer can regularly rely on (essential contractual obligations), remains unaffected.
10.2. In the case of negligently caused property and financial damage, we are only liable in the event of a breach of an essential contractual obligation, but the amount is limited to the damage that is foreseeable and typical for the contract at the time the contract was concluded.
10.3. The same applies to breaches of duty by our vicarious agents.
11. Applicable law, place of jurisdiction, severability clause, alternative dispute resolution
11.1. The contract is subject to German law to the exclusion of the United Nations Convention on the International Sale of Goods (UN Sales Convention / CISG).
11.2. If you are a merchant, a legal entity under public law or a special fund under public law, our place of business is the exclusive place of jurisdiction; however, we are also entitled to take legal action against you at your general place of jurisdiction. In relation to non-traders, our place of business is the place of jurisdiction insofar as you move your place of residence or habitual abode abroad after conclusion of the contract or your residence or habitual abode is not known at the time of the judicial assertion of our claims.
11.3. Should individual provisions of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions.
11.4. We endeavor to resolve any differences of opinion arising from our contractual relationship in an amicable manner. To settle such disputes, if you are a consumer, you can apply for an arbitration procedure at the nationwide general consumer arbitration board. The prerequisite for this is that you have contacted us beforehand and that no mutually satisfactory solution has been found. We have voluntarily agreed to participate in such an arbitration procedure before the nationwide general consumer arbitration board.
You can reach the nationwide general consumer arbitration board at the following address: General consumer arbitration board of the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, phone: 07851 79579-40, fax: 07851 79579-41, internet: www.verbübers-schlichter.de , E-Mail: mail@verbübers-schlichter.de. According to Section 4 (1) of the Consumer Dispute Settlement Act, the regulations on arbitration by the General Consumer Arbitration Board only apply to consumers within the meaning of the German Civil Code.
European online dispute resolution platform in accordance with Art. 14 Paragraph 1 ODR-VO: The European Commission provides a platform for online dispute resolution, which you can find at http://ec.europa.eu/consumers/odr. Consumers have the opportunity to use this platform from February 15, 2016 to settle their disputes in connection with an online order.