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General Terms and Conditions (GTC)

Terms and Conditions

§ 1 Scope and Definitions (1) Weingut Leininger, Theilheimer Weg 5, 97246 Eibelstadt, Germany (hereinafter: "we" or "Weingut Leininger") operates an online shop for goods on the website https://weingut-leininger.de. The following general terms and conditions apply to all services between us and our customers (hereinafter: "customer" or "you") in the version valid at the time of the order, unless expressly agreed otherwise.

(2) A "consumer" within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. An "entrepreneur" is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity. A partnership with legal capacity is a partnership endowed with the ability to acquire rights and incur liabilities.

§ 2 Conclusion of Contracts, Storage of the Contract Text (1) The following provisions regarding the conclusion of contracts apply to orders placed via our online shop at https://weingut-leininger.de.

(2) Our product presentations on the internet are non-binding and do not constitute a binding offer to conclude a contract.

(3) The following provisions apply when an order is placed via our online shop: The customer submits a binding offer to conclude a contract by successfully completing the order process provided in our online shop. The order is made in the following steps:

  • Selection of the desired goods,

  • Adding the products by clicking the appropriate button (e.g., "Add to cart", "Add to shopping bag", etc.),

  • Review of the information in the shopping cart,

  • Accessing the order overview by clicking the appropriate button (e.g., "Proceed to checkout", "Continue to payment", "Order overview", etc.),

  • Entry/review of address and contact details, selection of payment method, confirmation of the terms and conditions and the right of withdrawal,

  • If the agreed condition of the goods deviates from the usual condition and usage requirements, confirmation of a negative condition agreement,

  • Completion of the order by clicking the "Buy now" button. This constitutes your binding order.

The contract is concluded when we send an order confirmation to the provided email address within three business days.

(4) In the event of a contract conclusion, the contract is concluded with Weingut Leininger, Theilheimer Weg 5, 97246 Eibelstadt, Germany.

(5) Before placing the order, the contract data can be printed out or electronically saved using the browser's print function. The order processing and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the terms and conditions, and the cancellation policy, is carried out via email, partly automatically, after the order has been placed. We do not store the contract text after the conclusion of the contract.

(6) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g., "back" button of the browser). You can also cancel the order process by closing the browser window and repeating the process.

(7) The order processing and transmission of all information required in connection with the conclusion of the contract is carried out by email, partly automatically. You must ensure that the email address you provided is correct and that the receipt of emails is technically ensured and, in particular, not prevented by spam filters.

§ 3 Subject of the Contract and Essential Product Features (1) The subject of the contract in our online shop is: The sale of goods. The specific goods offered can be found on our product pages.

(2) The essential characteristics of the goods can be found in the product description. If the agreed condition of the goods deviates from the usual condition and usage requirements, this will be expressly stated in the product description (negative condition agreement). If the customer expressly agrees to the negative deviation, this defines the subject of the contract.

§ 4 Prices, Shipping Costs and Delivery (1) The prices listed in the respective offers and the shipping costs are total prices and include all price components, including applicable taxes.

(2) The purchase price must be paid before the delivery of the product (advance payment), unless we expressly offer purchase on account. The available payment methods are listed in the online shop or the respective offer. Unless otherwise specified, the payment claims are due immediately.

(3) For purchase on account, the minimum order value for this payment method is €0.00.

(4) Additional shipping costs may apply for the delivery of products, unless the respective item is indicated as shipping-free. These costs will be clearly communicated in the offer, the shopping cart system, and the order overview.

(5) All products offered are, unless clearly stated otherwise in the product description, ready for dispatch immediately (delivery time: 3-5 days after receipt of payment or, in the case of purchase on account, after receipt of the order).

(6) Delivery is limited to the following country: Germany.

§ 5 Right of Retention, Retention of Title (1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

§ 6 Right of Withdrawal As a consumer, you have a right of withdrawal. This is governed by our withdrawal policy.

§ 7 Liability (1) Subject to the following exceptions, our liability for contractual breaches of duty and tort is limited to intent or gross negligence.

(2) In the event of slight negligence, we are liable without limitation in the event of injury to life, body, or health or for breach of an essential contractual obligation. If we are in default due to slight negligence, if performance has become impossible, or if we have breached an essential contractual obligation, liability for resulting property and financial losses is limited to the foreseeable damage typical for the contract. An essential contractual obligation is one whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance you may regularly rely. This includes, in particular, our obligation to perform and deliver the contractually agreed service as described in § 3.

§ 8 Contract Language The language available for the conclusion of the contract is German only.

§ 9 Warranty (1) The warranty is governed by statutory provisions.

(2) For entrepreneurs, the warranty period for delivered items is 12 months.

(3) As a consumer, you are requested to check the goods/digital content or service provided for completeness, obvious defects, and transport damage upon fulfillment of the contract and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.

§ 10 Final Provisions / Dispute Resolution (1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (favorability principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.

(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(4) The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr. We are not obligated or willing to participate in a dispute resolution procedure before a consumer arbitration board.

Right of Withdrawal for Consumers

(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity.)

Cancellation Policy
Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day

  • on which you or a third party named by you, who is not the carrier, has taken possession of the goods, provided you ordered one or more goods as part of a single order and these are delivered together; or

  • on which you or a third party named by you, who is not the carrier, has taken possession of the last goods, provided you ordered several goods as part of a single order and these are delivered separately; or

  • on which you or a third party named by you, who is not the carrier, has taken possession of the last partial shipment or the last item, provided you ordered goods to be delivered in multiple partial shipments or pieces; or

  • on which you or a third party named by you, who is not the carrier, has taken possession of the first goods, provided you have entered into a contract for the regular delivery of goods over a fixed period.

To exercise your right of withdrawal, you must inform us (Weingut Leininger, Theilheimer Weg 5, 97246 Eibelstadt, Germany, phone number: +49 9303 2209, email address: info@weingut-leininger.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, email). You may use the attached model withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient that you send the notification concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract.

For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.

We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.

You must return or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.

We will bear the cost of returning the goods.

You are only liable for any diminished value of the goods if this loss in value is due to handling of the goods which was not necessary for checking their condition, properties and functioning.

Model Withdrawal Form

(If you wish to withdraw from the contract, please complete this form and return it to us.)

– To:
Weingut Leininger, Theilheimer Weg 5, 97246 Eibelstadt, Germany
Phone number: +49 9303 2209
Email address: info@weingut-leininger.de

– I/we (*) hereby withdraw from 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 the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only if this form is notified on paper)

– Date

(*) Delete as appropriate.

Terms of Sale and Delivery

The following contains our terms and conditions of sale and delivery.

 

1. The offer in our price list is non-binding.


2. The listed prices include statutory VAT.


3. Shipping is carried out from Eibelstadt and at the buyer’s risk via freight forwarding or postal service. Shipping is done in boxes of 6, 12, or 18 bottles. For pallet shipments, 6-bottle disposable boxes are used.


4. Please report any complaints about defects directly to us immediately after receiving the shipment. Complaints about damaged or tampered shipments must be reported immediately to the respective carrier (postal service or freight company).
Crystallization of tartar (wine crystals) does not constitute a defect.

5. Products from the wine shop must be paid for in advance via bank transfer or PayPal.
We reserve the right of ownership of the goods until full payment has been received, and no shipment will be made before that time.

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