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1. Scope
For all business relationships that arise directly via the online shop, post, telephone or fax between Weingut Schaffner (hereinafter: seller) and the customer (hereinafter: buyer), the following general terms and conditions apply exclusively in the version valid at the time of the order .
Changes and additions to the contract are made by the management or by persons specially authorized by the seller. Verbal agreements or declarations by other persons are only effective if they are confirmed in writing by the seller's management.

2. Contracting Party
The seller concludes contracts for the delivery of wine exclusively with 
a) unrestricted legal capacity natural persons who have reached the age of 18,
b) legal persons.

3. Conclusion of contract
The products listed on the seller's website or in the sales brochure do not represent a binding offer. The buyer's order is an offer to the seller to conclude a purchase contract. A contract is only concluded when the seller expressly accepts an offer from the buyer, at the latest when the ordered goods are delivered to the customer.

4. Prices
The product prices indicated are gross prices; the statutory value added tax is shown on the invoice.
Shipping costs are added to the product prices.

5. Shipping Costs
The ordered goods are shipped within Germany via a forwarding agent/parcel service. The buyer bears the costs of shipping from the seller's place of business, unless they exceed a reasonable relation to the value of the item.

6. Bearing the costs of the return in the event of revocation
If the buyer as a consumer has bought one or more items from the seller by way of a distance contract (§ 312 b BGB) and the buyer exercises the statutory right of withdrawal to which he is entitled, the buyer must bear the regular costs of the return shipment under the following conditions:
a) the total price of the item or items to be returned does not exceed EUR 40; or
b) the amount according to a) exceeds EUR 40.00, but the buyer has not yet provided the consideration or a partial payment at the time of the revocation.
However, the buyer is only obliged to return the goods and only to bear the costs of the return if the item or items for which the buyer has exercised the right of withdrawal can be sent in one package.
The obligation to bear the costs also does not apply if the delivered goods do not correspond to those ordered.

7. Exclusion of the right of withdrawal
The buyer can only withdraw from the contract within the framework of the statutory provisions if the seller is responsible for the breach of duty. In the event of a breach of duty, the buyer must declare within a reasonable period of time after the seller's request whether he is withdrawing from the contract due to the breach of duty or whether he insists on the delivery. In the case of defects, however, the statutory provisions on withdrawal apply.

8. Retention of Title
The delivery item remains the property of the seller until the purchase price and any shipping costs have been paid in full. If third parties access the reserved goods, the buyer must point out the ownership structure and inform the seller immediately.

9. Buyer's obligation to give notice of defects
The buyer is obliged to notify the seller in writing of obvious material defects within 8 days of receipt of the goods; it is sufficient to send the notification within the deadline.

10. Terms of Payment, Exclusion of Offsetting
The purchase price payment is due in full upon delivery. The buyer is in default without further explanations from the seller 14 days after delivery, if he has not paid. In the event of defects, the buyer is not entitled to a right of retention if the retention is not in reasonable proportion to the defects and the expected costs of subsequent performance (in particular the elimination of defects).
The goods are delivered against invoice or direct debit. For new customers, the seller reserves the right to pay in advance from an order value of EUR 100.00.
The buyer can only offset claims that are undisputed or legally established.

11. Disclaimer
The seller is liable in cases of intent or gross negligence on the part of the seller or a representative or vicarious agent and in the event of injury to life, limb or health in accordance with the statutory provisions. Otherwise, the seller is only liable under the Product Liability Act for culpable violation of essential contractual obligations, insofar as the seller fraudulently concealed the defect or assumed a guarantee for the quality of the delivery item. However, the claim for damages for the culpable violation of essential contractual obligations is limited to the foreseeable damage typical of the contract, unless another of the cases listed in page 1 or 2 is given at the same time.

12. Jurisdiction
If the buyer is a consumer and does not have his registered office or place of residence in the Federal Republic of Germany, the seller's registered office is the non-exclusive place of jurisdiction. Exclusive places of jurisdiction, e.g. for the dunning procedure, remain unaffected.
If the buyer is a merchant within the meaning of the German Commercial Code, the sole place of jurisdiction for all disputes arising from the contractual relationship is the seller's registered office.

13. Defense Clause
These general terms and conditions apply exclusively.
General terms and conditions of the buyer only apply insofar as the seller has expressly agreed to them.

14. Severability Clause
Should individual provisions of this contract be ineffective, the rest of the contract remains effective.

15. Privacy
The data provided by the buyer will only be used by the seller to process the business relationship between the seller and the buyer. Any further use of the data requires the express consent of the customer.
Status: Dec 2020

Cancellation policy for consumers iSd § 13 BGB,
who have ordered the goods by telephone, fax or Internet
right of withdrawal
You can revoke your contractual declaration within two weeks in text form (e.g. letter, fax, e-mail) or by returning the item without giving reasons. The period begins at the earliest with receipt of this instruction. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation must be sent to: 

Weingut Schaffner, Thomas Schaffner, Hauptstrasse 82, 79268 Bötzingen

Consequences of revocation

In the event of an effective revocation, the services received by both parties are to be returned and any benefits (e.g. interest) surrendered. If you cannot return the service received to us in whole or in part, or only in a deteriorated condition, you may have to pay us compensation for the value. This does not apply to the surrender of items if the deterioration of the item is solely due to their inspection - as you would have been able to do in a retail shop. You can also avoid the obligation to pay compensation by not using the item as if it were your property and refraining from anything that could impair its value. 

Transportable items are to be sent back. You have to bear the costs of the return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item at the time of the cancellation, you have not yet received the consideration or a contractual have made the agreed partial payment. Otherwise, the return is free of charge.
Items that cannot be sent by parcel will be picked up from you.
You must fulfill your obligations to refund payments within 30 days of sending your cancellation notice.

Your Winery Schaffner

Status: Dec 2020

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