AGB | Weingut Kimich

TERMS OF SERVICE

1. General
1.1. The following contractual provisions (GTC) apply to everything via the order form of the Jul. Ferd winery. Kimich - Inh. Franz and Matthias Arnold GbR, Weinstr. 54, 67142 Deidesheim (hereinafter: SELLER) under the domain www.weingut-kimich.de concluded contracts with the customer (hereinafter: CUSTOMER).

1.2. These terms and conditions contain special regulations for customers who are entrepreneurs within the meaning of Section 14 of the German Civil Code (hereinafter: ENTREPRENEURS). These special clauses for commercial transactions are identified by an explicit reference to ENTREPRENEURS and do not apply to transactions with consumers within the meaning of Section 13 of the German Civil Code (BGB).

1.3. The SELLER does not recognize any deviating general terms and conditions of the customer unless the SELLER has expressly agreed to them in writing.

2. Conclusion of the contract
2.1. The CUSTOMER can call up the order form on the website www.weingut-kimich.de and initiate the ordering process. During the ordering process, the CUSTOMER must enter the desired quantity of goods on the first page. After clicking on the “Next” button, the CUSTOMER must enter the contact details required for the type of shipment and for payment. Thereafter, the CUSTOMER must complete the order by clicking the 'Order for a fee' button in order to send his order.
2.2. The CUSTOMER can correct input errors, in particular goods erroneously placed in the shopping cart, by entering the desired quantity in the shopping cart and using the available buttons. In the ordering process, the CUSTOMER can correct input errors in the various steps by navigating to the respective step using the “forward” and “back” buttons of the browser.

2.3. The presentation of the products in the SELLER's order form merely represents a non-binding invitation to the CUSTOMER to place an order. By placing an order, the CUSTOMER makes a binding offer to conclude a contract for the items in the shopping cart. The SELLER will automatically confirm receipt of the order immediately by email. The automated order confirmation of the shop system does not yet result in a contractual relationship. The SELLER will accept the CUSTOMER's offer after checking the inventory by means of a separate declaration of acceptance by email or by sending the goods within a period of 5 days or 3 working days after the order has been placed. The purchase contract is only concluded with this separate declaration of acceptance or with receipt of the goods within the aforementioned period. Invoicing is equivalent to a declaration of acceptance.

2.4. The purchase contract is concluded with the company Jul. Ferd. Kimich - Inh. Franz and Matthias Arnold GbR, Weinstr. 54, 67142 Deidesheim, Germany.

2.5. The contract language is German.

3. Contract text storage
The text of the contract is saved by the SELLER. The order data will be sent to the CUSTOMER separately in text form (email). The terms and conditions can also be called up and printed out in the order form.

4. Right of withdrawal
Consumers generally have a statutory right of withdrawal. The legal regulations on any existing right of withdrawal are only contained in the cancellation policy, which the CUSTOMER can call up during the ordering process.

5. Prices and shipping costs
5.1. The prices valid on the day of the order as shown in the order form apply.

5.2. The prices shown in the order form are given in euros and include the statutory value added tax.

5.3. The prices shown in the order form do not include shipping costs for packaging and postage. The shipping costs are calculated dynamically during the ordering process and displayed in the shopping cart overview before ordering.

5.4. For all orders / deliveries abroad, a flat-rate shipping fee is calculated in accordance with the shipping cost table available on the order form. The flat rate shipping costs for international shipping can also be seen in the shopping cart before the order is sent.

5.5. In individual cases, additional taxes (e.g. in the case of an intra-community acquisition) and / or duties (e.g. customs duties) may have to be paid by the CUSTOMER for cross-border deliveries.

6. Payment terms
6.1. The SELLER only accepts the payment methods offered in the order form during the ordering process. The CUSTOMER chooses his preferred payment method from the available payment methods.

6.2. If a delivery is made against prepayment by bank transfer, the CUSTOMER has to transfer the payment of the purchase price plus any delivery and shipping costs to the seller before delivery. Delivery takes place after receipt of the full invoice amount on the SELLER's account.

6.3. If a delivery is made against invoice, the net purchase price (without deduction) is due for payment immediately, at the latest within 7 days from the invoice date or after receipt of the goods. The legal regulations regarding the consequences of default in payment apply.

6.4. CUSTOMERS who are ENTREPRENEURS within the meaning of Section 14 BGB are only entitled to offset if the counterclaims have been legally established, are undisputed or have been recognized by the SELLER or the opposing claims are based on the same legal relationship. This offsetting prohibition does not apply to CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code (BGB).

7. Delivery and shipping conditions - information on calculating the delivery date
7.1. Unless otherwise agreed with the CUSTOMER, the goods are delivered on the dispatch route to the delivery address given by the CUSTOMER in the order.

7.2. The delivery time is specified separately for the respective article or in the product description on the article page.

7.3. The delivery time indicated on the article page begins with payment in advance on the working day after the payment order from the CUSTOMER to the transferring bank, or for all other payment methods on the working day after the day of the conclusion of the contract.

7.4. In the case of deliveries to entrepreneurs, the risk of accidental loss and accidental deterioration of the sold item is transferred to the company or to a person authorized to receive it, in the case of sales by mail, to a suitable transport person. In the case of deliveries to consumers, the risk of accidental loss and accidental deterioration of the item sold is transferred to the consumer when the goods are handed over to the consumer in accordance with Section 446 of the German Civil Code (BGB). With regard to the transfer of risk, the transfer is the same if the CUSTOMER is in default of acceptance.

7.5. Orders and deliveries are only offered in and to Germany and in the countries specified in the order form and / or in the shipping cost table.

7.6. In the event of delays in delivery, the SELLER will inform the CUSTOMER immediately.

7.7. If the carrier sends the object of purchase back to the SELLER because delivery to the CUSTOMER was not possible, the CUSTOMER bears the costs for a new shipment. This does not apply if the CUSTOMER has exercised a possibly existing right of withdrawal in parallel to the refused acceptance or if he is not responsible for the circumstance that led to the impossibility of delivery or if the CUSTOMER was temporarily prevented from accepting the offered service unless the SELLER had announced the performance to him a reasonable time in advance.

8. Retention of title
8.1. The SELLER retains ownership of the items sold until the purchase price has been paid in full.
8.2. The goods subject to retention of title may not be pledged to third parties by the CUSTOMER before the secured claims have been paid in full, nor may they be assigned as security. The CUSTOMER must immediately notify the SELLER in writing if and to the extent that third parties access the SELLER's goods.
8.3. If the CUSTOMER breaches the contract, in particular if the purchase price is not paid, the SELLER is entitled to withdraw from the contract in accordance with the statutory provisions and to demand the return of the goods on the basis of retention of title and withdrawal. If the CUSTOMER does not pay the due purchase price, the SELLER may only assert these rights if the CUSTOMER has previously been unsuccessfully set a reasonable deadline for payment or if such a deadline is dispensable according to the statutory provisions.

9. Warranty / liability for defects / obligation to notify
9.1. The rights in the event of defects in the purchased item are based on the statutory provisions.

9.2. Claims for defects by ENTREPRENEURS who are merchants within the meaning of the German Commercial Code (HGB) require that they have properly complied with their inspection and complaint obligations under Section 377 of the German Commercial Code within 14 calendar days of receipt of the goods in writing. This obligation to notify does not apply to CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code (BGB).

9.3. The statute of limitations for claims for defects by ENTREPRENEURS is 12 months, calculated from the transfer of risk to the ENTREPRENEUR. This shortening of the warranty does not apply to CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code (BGB).

10. Liability
10.1. The CUSTOMER's claims for damages or reimbursement of futile expenses against the SELLER are based outside of warranty law regardless of the legal nature of the claim under these provisions.

10.2. The SELLER's liability - for whatever legal reasons - is excluded, unless the cause of the damage is based on intent and / or gross negligence on the part of the SELLER, his employees, his representatives or his vicarious agents. Insofar as the SELLER's liability is excluded or limited, this also applies to the personal liability of employees, representatives or vicarious agents of the SELLER. The SELLER's liability under the Product Liability Act remains unaffected (§ 14 ProdHG).

10.3. The SELLER is liable in accordance with the statutory provisions for damage resulting from injury to life, limb or health based on an intentional, grossly negligent or negligent breach of duty by the SELLER or a legal representative or vicarious agent of the SELLER.

10.4. If the SELLER negligently breaches an essential contractual obligation, i.e. an obligation, compliance with which is of particular importance for the achievement of the contractual purpose (essential contractual obligation or cardinal obligation), liability is for the damage that typically occurs, i.e. for such damage as it occurs must typically be expected within the framework of the contract. An essential contractual or cardinal obligation in the aforementioned sense is one whose fulfillment enables the proper execution of this contract in the first place and on whose compliance the CUSTOMER regularly trusts and may rely.

11. Data storage and data protection
The data protection regulations of the data protection declaration on the website www.weingut-kimich.de apply exclusively.

12. Online platform (OS platform) for out-of-court settlement of disputes
12.1 As an online retailer, we (info@weingut-kimich.de) are obliged to refer you to the European Commission's online dispute resolution platform. This can be reached via the following Internet address: http://ec.europa.eu/consumers/odr/ .

13. Final provisions
13.1. The law of the Federal Republic of Germany applies to the exclusion of the UN sales law.

13.2. For consumers who do not conclude the contract for professional or commercial purposes, the above choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

13.3. If the CUSTOMER is a merchant, legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the SELLER in 67142 Deidesheim.

13.4. The same applies if the CUSTOMER is an entrepreneur and does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is not known at the time the action is brought. This does not affect the SELLER's authority to appeal to the court at another legal place of jurisdiction.

14. Co-financing by the state and federal government within the framework of the GAK

Our company Weingut Jul. Ferd. Kimich receives “Environmental Measures, Rural Development, Agriculture, Food” (EULLE) from the European Agricultural Fund for Rural Development (EAFRD) co-financed by the state as part of the Rhineland-Palatinate development program administered by the Ministry of Economics, Transport, Agriculture and Viticulture and the federal government within the framework of the joint task "Improvement of the agricultural structure and coastal protection" (GAK) a grant for its services: in organic farming