GENERAL CONDITIONS OF SALE

  1. Validity

1.1 These General Conditions of Sale (hereinafter referred to as “Conditions”) apply to all legal transactions (in particular offers, purchase contracts and other services) (hereinafter referred to as “Orders”) which you, the customer, enter into with us,

JWG Johannisberger Weinvertrieb KG

Schloss Johannisberg

D – 65366 Geisenheim-Johannisberg

Telephone: +49 (0)6722 70090

Fax: +49 (0)6722 700933

E-mail: info@schloss-johannisberg.de

(hereinafter referred to as the “Seller“)

as part of our online shop.

1.2 You can read the conditions on the Internet under the link

https://www.schloss-johannisberg.de/shop.php?agb.htm

and print them out.

1.3 Should you use your own terms and conditions of business, we hereby reject these in general, even if we do not expressly object to their validity in individual cases.

1.4 Our offer is directed exclusively to customers who have reached the age of 18.

According to Section 9 of the German Youth Protection Act (JuSchG – Jugendschutzgesetz) it is prohibited to sell beer, wine, wine-like drinks or sparkling wine or mixtures of beer, wine, wine-like drinks or sparkling wine with non-alcoholic drinks to children and adolescents under 16 years of age, other alcoholic drinks or food containing other alcoholic drinks in not simply negligible quantities to children and adolescents.

By accepting the conditions, you also confirm that you have reached the age of 18.

1.5 The contract languages are exclusively German or English.

 

  1. Offer and conclusion of the contract

2.1 The presentation and description of the goods in our online shop does not constitute a binding offer to conclude a purchase contract. Rather, we only request you to order the goods without obligation. When you place your order, you make us a binding offer to purchase the ordered goods.

2.2 By entering your data and clicking on the “Order subject to payment” button, you make us a binding offer to purchase the contents of your order at the conditions shown.

2.3 After receipt of your order we will send you a confirmation of receipt immediately. This confirmation of receipt is not yet an acceptance of your offer.

2.4 Your offer shall only be deemed to be accepted by us if we declare acceptance of your offer to you by e-mail or send the ordered goods to you.

 

  1. Prices

All prices are inclusive of glass, packaging and the currently valid value added tax. Possible shipping costs are not yet included in the displayed prices, but will be shown in the order process.

You must bear customs duties and similar charges.

 

  1. Delivery

4.1 Unless otherwise agreed, we will deliver the goods through a shipping partner to the address you specify in the regions available in the country selection. We charge shipping costs according to the following regulations for each individual order.

Goods are shipped in the following packaging units: 1, 2, 3, 6 or 12-bottle boxes.

4.2 You can calculate the relevant shipping costs for your order during the ordering process. In addition, the shipping costs are displayed at the end of the order process after you have entered your data.

4.3 If the vintage of the wine ordered is sold out when we receive your order, we are entitled to send you the corresponding subsequent vintage.

 

  1. Resignation

If the goods you have ordered cannot be delivered on time through no fault of our own, we are entitled to withdraw from the purchase contract. In this case, we will inform you immediately and, if applicable, refund any payments already made to us without delay.

 

  1. Payment

6.1 Unless expressly agreed otherwise, the following payment methods are available:

  • PayPal
  • Amazon Pay
  • Immediate transfer
  • Mastercard and Visa (credit cards)
  • Purchase on account

We expressly reserve the right to accept or exclude certain types of payment in individual cases.

When paying by PayPal, your account will be debited with the confirmation by PayPal. To pay via PayPal you must have created a PayPal account beforehand. You then log in to your PayPal account and authorise the payment there. After the payment has been completed, we receive confirmation from PayPal.

When paying by instant bank transfer, payment is made directly from your bank account based on online banking. It is not necessary to register with SOFORT AG, a payment provider for instant bank transfers, to do this. You will be forwarded to SOFORT AG’s protected payment form where you authorise the transfer by entering your bank, your online banking access data and a TAN. After the payment has been completed, we receive confirmation of the payment provider.

When paying by credit card, your credit card account will be debited upon confirmation of payment by the payment processor. To do this, you make the payment by credit card on the payment processor’s website after the order is completed. We use the company BS PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt am Main to process payments.

When paying via Amazon Pay, your account will be debited with the confirmation by Amazon Pay. To pay via Amazon Pay, you must first have an Amazon account. You then log in to your Amazon account and authorise the payment there. After the payment has been completed, we receive confirmation from Amazon.

If delivery on account has been agreed, our invoices are payable within the period stated on the invoice.

6.2 In the event that the purchase contract does not come about or is reversed, we will immediately refund any payments already made to us.

 

  1. Offsetting / Retention

7.1 If we have a claim against you from another order that is due but not yet fulfilled, we may refuse to make deliveries until the due invoice amounts including default interest have been paid in full. In this case, we may require you to make an advance payment for the order before the goods are dispatched – and also even if the originally agreed method of payment no longer applies. Receivables from deliveries made are due immediately.

7.2 You are only entitled to offset amounts if your counterclaim is undisputed by us, has been legally established or has arisen as a result of a reversal due to revocation of a contract.

 

  1. Reservation of ownership

We reserve ownership of the delivered goods until the purchase price has been paid in full.

 

  1. Guarantee

9.1 Your warranty claims against us are based on the legal regulations of Sections 433 ff. of the German Civil Code (BGB – Bürgerliches Gesetzbuch).

9.2 Wines may excrete tartar. These are small crystals that are neutral in taste. The excretion of tartar does not negatively affect the quality, taste and shelf life of the wine and is no reason for complaint.

 

  1. Liability

10.1 We are liable without limitation for intent and gross negligence.

We are also liable for damages caused by slight negligence as a result of injuries to the life, body or health of persons.

10.2 In all other respects, our liability is limited in accordance with the following. In the case of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on the fulfilment of which you could regularly rely. Our liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.

 

  1. Out-of-court resolution of disputes

In the event of disagreement, consumers have access to various out-of-court bodies for resolving disputes. The European Union has set up an online dispute resolution platform under the link

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE

We intend to resolve any disagreements or discrepancies directly with you. Furthermore, we are not obliged to participate in any dispute settlement proceedings. Therefore, we do not participate in any dispute settlement proceedings before a consumer arbitration board.

If differences of opinion or discrepancies arise, please contact us directly.

 

  1. Information on revocation

If you are a consumer within the meaning of § 13 of the German Civil Code (BGB – Bürgerliches Gesetzbuch), i.e. if you are placing the order for a purpose that is predominantly neither commercial nor your self-employed professional activity, you have a right of revocation in accordance with the following provisions.

Right of revocation

You have the right to revoke this contract within fourteen days without giving reasons.

The revocation period shall be fourteen days from the date on which you or a third party other than the carrier designated by you have taken possession of the goods.

In order to exercise your right of revocation, you must send a clear declaration to

JWG Johannisberger Weinvertrieb KG
Schloss Johannisberg
D – 65366 Geisenheim-Johannisberg
Telephone: +49 (0)6722 70090
Fax: +49 (0)6722 700933
E-mail: info@schloss-johannisberg.de

(for example, by a letter, fax or e-mail) regarding your decision to revoke this contract. You can use the attached sample revocation form; however this is not mandatory.

You can complete the sample revocation form or another clear declaration on our website https://www.schloss-johannisberg.de/shop.php?agb.htm and send it to us electronically. If you use this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation.

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of revocation

If you revoke this agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this agreement for all payments we have received from you, including delivery charges (with the exception of additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

We may refuse to refund until we have received the returned goods or until you have provided evidence that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods. You are liable for any depreciation of the goods only if such depreciation is due to handling of the goods which is not necessary to examine their nature, properties and functionality.

 

Sample revocation form

(If you want to cancel the contract, please fill out this form and send it back)

To

JWG Johannisberger Weinvertrieb KG

Schloss Johannisberg

65366 Geisenheim-Johannisberg

Fax: +49 (0)6722 700933

E-mail: info@schloss-johannisberg.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)

_______________________________________________

_______________________________________________

Ordered on _______________________ (*) / Received on _______________________ (*)

Name of consumer(s) _____________________________

Address of the consumer(s)

_________________________________

_________________________________

_________________________________

_________                         ___________________________________________

Date                                      Signature of the consumer(s) (only for paper notification)

(*) Delete as applicable

 

 

  1. Final provisions

12.1 If one or several provisions of these ordering conditions should be or become partially or fully invalid, this does not affect the remainder of the ordering conditions.

12.2 All orders between you and us shall be governed exclusively by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (“CISG” or “UN Sales Convention”). Mandatory provisions of the country in which you have your habitual residence remain unaffected by the choice of law.

However, if you are a consumer and you have your habitual residence in another State, you will continue to be protected under the relevant provisions of the State of your residence, which may not be derogated from by agreement.

12.3 If you are a merchant, a legal entity under public law or a special fund under public law, our registered office shall be the place of jurisdiction for all disputes arising from or in connection with orders between you and us. In all other cases, we or you may bring an action before any court having jurisdiction under any statutory provisions.

 

Status of the conditions: January 2020

 

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