General Terms and Conditions with
Customer information
Table of contents
1. Scope of application
2. Conclusion of contract
3. Right of cancellation
4. Prices and terms of payment
5. Terms of delivery and dispatch
6. Retention of title
7. Liability for defects (warranty)
8. Redemption of promotional vouchers
9. Redemption of gift vouchers
10. Applicable law
11. Place of jurisdiction
12. Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the Vinothek
Munzert (hereinafter referred to as "Seller"), apply to all contracts for the delivery of
Goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the
Seller with regard to the goods presented by the Seller in his online shop
is concluded. The inclusion of the Customer's own terms and conditions is hereby
are hereby rejected, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers,
unless expressly agreed otherwise.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction
for purposes that are predominantly neither commercial nor their independent professional
professional activity. Entrepreneur within the meaning of
of these GTC is a natural or legal person or a partnership with legal capacity who
Partnership with legal capacity who, when concluding a legal transaction, is exercising their
commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute
not constitute binding offers on the part of the seller, but serve to submit a
of a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop
Online order form integrated in the seller's online shop. In doing so, the customer, after placing the selected
Goods into the virtual shopping basket and has gone through the electronic ordering process
process, by clicking the button that concludes the order process, the customer makes a legally
legally binding contract offer in relation to the goods contained in the shopping basket
Goods contained in the shopping basket. The customer can also submit the offer by telephone, e-mail, post or online contact form
or by online contact form to the seller.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order
Order confirmation in text form (fax or e-mail), whereby the date of receipt of the order
Receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods
receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract is concluded at the
The point in time at which one of the aforementioned alternatives occurs first. The period
for accepting the offer begins on the day after the offer is sent by the
the customer and ends at the end of the fifth day following the dispatch of the offer
Day following the dispatch of the offer. If the seller does not accept the customer's offer within
the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the
the customer is no longer bound by his declaration of intent.
2.4 When an offer is submitted via the seller's online order form, the text of the contract is
text of the contract is saved by the seller after the contract is concluded and sent to the customer
the customer in text form (e.g. e-mail, fax or letter) after the order has been sent
transmitted. The seller will not make the text of the contract available beyond this
by the seller. If the customer creates a user account in the
User account in the seller's online shop before sending his order, the order data will be
on the seller's website and can be accessed by the customer via his password-protected user account
password-protected user account by entering the corresponding login data
free of charge.
2.5 Before binding submission of the order via the seller's online order form, the
Order form, the customer can recognise possible input errors by carefully reading the information
information displayed on the screen. An effective technical means
for better recognition of input errors can be the magnification function of the
Function of the browser, which enlarges the display on the screen. His
The customer can correct their entries during the electronic ordering process using the
the usual keyboard and mouse functions until he clicks the button that finalises the order process
button that concludes the order process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Order processing and contact are usually carried out by e-mail and automated order processing
automated order processing. The customer must ensure that the e-mail address
e-mail address provided for order processing is correct, so that e-mails sent by the seller can be
Address so that the e-mails sent by the seller can be received.
In particular, when using SPAM filters, the customer must ensure that all e-mails
e-mails sent by the seller or third parties commissioned by the seller to process the order
e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
2.8 When placing an order for alcoholic beverages, the customer confirms by sending the order that
order confirms that he has reached the legally required minimum age.
3) Right of cancellation
3.1 Consumers are generally entitled to a right of cancellation.
3.2 Further information on the right of cancellation can be found in the seller's cancellation policy
of the seller.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description
the prices quoted are total prices that include the statutory value added tax
VAT included. Any additional delivery and shipping costs
Shipping costs are indicated separately in the respective product description.
4.2 The customer will be informed of the payment option(s) in the seller's online shop
Seller's online shop.
4.3 If advance payment by bank transfer has been agreed, payment is due immediately after
Conclusion of the contract, unless the parties have agreed a later due date
due date.
4.4 If the direct debit payment method is selected, payment shall be processed by BS
PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, Germany, which the seller authorises to collect
Authorised by the seller to collect the debt in his name. BS PAYONE GmbH shall collect the
Invoice amount after issuing a SEPA direct debit mandate, but not before expiry of the
from the customer's bank account, but not before the deadline for advance notification. Pre-notification
("pre-notification") is any communication (e.g. invoice, policy, contract) to the customer,
which announces a debit by SEPA direct debit. If the direct debit is cancelled
sufficient funds in the account or due to the provision of incorrect bank details, or if the customer
or if the customer objects to the direct debit although he is not entitled to do so, the customer
authorised to do so, the customer shall bear the fees incurred by the respective credit institution
bank if the customer is responsible for this. The provider remains
even if the payment method direct debit is selected via BS PAYONE GmbH
responsible for general customer enquiries, e.g. regarding goods, delivery time, dispatch,
Returns, complaints, cancellation notices and returns or credit notes.
4.5 If the credit card payment method is selected, the invoice amount is
Conclusion of the contract. The processing of the credit card payment method takes place
in co-operation with BS PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main,
which the seller authorises to collect receivables on his behalf. BS
PAYONE GmbH collects the invoice amount from the customer's specified credit card account
Customer's credit card account. The credit card will be debited immediately after the customer's
Customer order in the online shop. The seller remains responsible for general
Credit card payment method via BS PAYONE GmbH, the seller remains responsible for general
Customer enquiries, e.g. regarding goods, delivery time, dispatch, returns, complaints,
Declarations of cancellation and returns or credit notes.
5) Delivery and dispatch conditions
5.1 Goods shall be delivered by dispatch to the delivery address specified by the customer, unless
delivery address specified by the customer, unless otherwise agreed. When processing the transaction
Transaction, the delivery address specified in the seller's order processing is decisive
is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible,
the customer shall bear the reasonable costs incurred by the seller as a result. This
does not apply with regard to the costs for the return shipment if the customer effectively
Right of cancellation. For the return costs, if the customer effectively exercises
of the right of cancellation by the customer, the provision made in the seller's cancellation
cancellation policy.
5.3 The seller reserves the right to cancel the contract in the event of incorrect or improper
correct or improper self-delivery. This only applies in the
Case that the non-delivery is not the responsibility of the seller and the seller has
diligence to conclude a specific covering transaction with the supplier
with the supplier. The seller shall make every reasonable effort to procure the goods
procure the goods. In the event of non-availability or only partial availability of the goods, the
The goods, the customer will be informed immediately and the consideration
refunded immediately.
5.4 In the case of collection by the customer, the seller shall first inform the customer by e-mail
that the goods ordered by the customer are ready for collection. Upon receipt of this
E-mail, the customer may collect the goods from the seller's registered office after consultation with the seller
Pick up the goods after consultation with the seller. In this case, no shipping costs will be charged.
5.5 Vouchers will be sent to the customer as follows:
- by e-mail
6) Retention of title
If the seller makes advance payment, he retains title to the delivered goods until full payment of the
the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.
7.2 If the customer is acting as a consumer, he is requested to report delivered goods with
obvious transport damage to the deliverer and to inform the seller of this
of this. If the customer fails to do so, this shall have no effect
Any effect on his statutory or contractual claims for defects.
7.3 Despite careful inventory management, it cannot be guaranteed that all items are displayed correctly in terms of alcohol content, vintage and best-before date. We reserve the right to send the following vintage instead of the one ordered without prior notice in the event of a vintage change. In the case of wine packages, depending on availability, a wine may be replaced by a wine of equal or higher quality.
7.4. we would like to point out that, despite careful maintenance, we cannot guarantee the accuracy of the information provided here. For safety reasons, we therefore ask you to check the ingredients before consuming the products.
8) Redemption of promotional vouchers
8.1 Vouchers that are issued free of charge by the seller as part of a promotional
free of charge as part of promotional campaigns with a specific period of validity and which
cannot be purchased by the customer (hereinafter referred to as "promotional vouchers"), can only be
be redeemed in the seller's online shop and only during the specified period.
8.2 Promotional vouchers can only be redeemed by consumers.
8.3 Individual products may be excluded from the voucher promotion if
a corresponding restriction results from the content of the promotional voucher.
8.4 Promotional vouchers can only be redeemed before completing the order process.
Subsequent offsetting is not possible.
8.5 Only one promotional voucher can be redeemed per order.
8.6 The value of the goods must be at least equal to the amount of the promotional voucher.
Any remaining credit will not be refunded by the seller.
8.7 If the value of the promotional voucher is not sufficient to cover the order, the seller may
amount, one of the other payment methods offered by the seller can be chosen to settle the difference
Payment methods offered by the seller.
8.8 The credit balance of a promotional voucher is neither paid out in cash nor does it
interest.
8.9 The promotional voucher will not be refunded if the customer does not pay for the goods covered by the
Voucher in whole or in part within the scope of his statutory right of cancellation
Right of cancellation.
8.10 The promotional voucher is only intended for use by the person named on it
Person named on it. The promotional voucher may not be transferred to third parties.
The seller is entitled, but not obliged, to verify the material eligibility of the
Entitlement of the respective voucher holder.
9) Redemption of gift vouchers
9.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers")
(hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop
Seller's online shop, unless otherwise stated in the voucher.
9.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining credit
will be credited to the customer until the expiry date.
9.3 Gift vouchers can only be redeemed before completing the order process
be redeemed. Subsequent offsetting is not possible.
9.4 Several gift vouchers can be redeemed with one order.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers
for the purchase of further gift vouchers.
9.6 If the value of the gift voucher is not sufficient to cover the order,
the difference can be paid by one of the other payment methods offered by the seller
payment methods offered by the seller.
9.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest
interest.
9.8 The gift voucher is only intended for use by the person named on it
Person named on it. The gift voucher may not be transferred to third parties
excluded. The seller is entitled, but not obliged, to check the material eligibility of the
Entitlement of the respective gift voucher holder.
10) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relations between the parties
Germany to the exclusion of the laws on the international sale of movable goods
Goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not
Protection granted by mandatory provisions of the law of the country in which the consumer
consumer has his habitual residence.
11) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a
special fund under public law with its registered office in the territory of the Federal Republic of
Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be
the registered office of the seller. If the customer has its registered office outside the
Territory of the Federal Republic of Germany, the place of business of the seller shall be the
exclusive place of jurisdiction for all disputes arising from this contract if the contract
Contract or claims arising from the contract can be attributed to the professional or commercial
can be attributed to the customer's professional or commercial activity. In the aforementioned cases, the seller is
the court at the customer's place of business.
12) Alternative dispute resolution
12.1 The EU Commission provides an online dispute resolution platform at the following link
Online dispute resolution: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2 The seller is not obliged to participate in a dispute resolution procedure before a consumer
Consumer arbitration board, nor is it willing to do so.
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