Terms of service
Contractual conditions within the framework of sales contracts via the platform https://www.weinnatur.de
Owner: Sandra Haltmayer
86983 Lechbruck am See
Phone: +49 (0) 174 208 51 93
- hereinafter referred to as "provider" -
the users of this platform referred to in § 2 of these terms and conditions - hereinafter referred to as "customer / customer" - are closed.
For the business relationship between the provider and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order. Deviating conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
2 conclusion of contract
(1) The customer can select products from the provider's range and collect them in a so-called shopping cart using the “Add to cart” button. Via the “Buy now” button, he submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time.
(2) The provider then sends the customer an automatic confirmation of receipt with the subject "Confirmation of your order from WEINNATUR" by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The customer's order (1) represents the offer to conclude a contract with the respective content of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. This summarizes the content of the order. In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of order, terms and conditions and order confirmation) will be sent to the customer by us on a permanent data carrier (e-mail or paper printout). The text of the contract is saved in compliance with data protection.
(3) The contract is concluded in the languages: German.
3 Protection of minors for the WEINNATUR online shop
(1) By ordering wine, brandy or sparkling wine from WEINNATUR, you confirm that you have reached the age of 18.
(2) Insofar as persons not of legal age initiate orders stating false facts and / or without the approval of their legal guardians or persons of legal age responsible, WEINNATUR hereby rejects these contracts as a precaution in accordance with § 111 BGB.
(3) The customer is obliged to ensure that only he himself or persons of legal age authorized by him to receive the delivery accept the delivery of goods.
When delivering, UPS is entitled to request proof of age.
4 Delivery, availability of goods, payment modalities
(1) Delivery times specified by us are calculated from the time of our order confirmation (§ 2 (2) of these terms and conditions), provided that the purchase price has been paid in advance.
(2) If the product specified by the customer in the order is only temporarily unavailable, the provider will also notify the customer of this immediately. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. In addition, in this case the provider is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.
(3) There are the following delivery restrictions: The provider regularly delivers under the conditions mentioned only to customers who have their habitual residence (billing address) in one of the following countries and who can provide a delivery address in the same country: Germany, Austria
Individual shipping and payment options are offered to customers from other countries. Please inquire about them by email, post or telephone.
(4) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date.
5 Reservation of Title
The delivered goods remain the property of the provider until the purchase price has been paid in full.
6 Prices and Shipping Costs
(1) All prices stated on the provider's website include the applicable statutory sales tax.
(2) The corresponding shipping costs are given to the customer in the order form and are to be borne by the customer, unless the customer makes use of any right of withdrawal.
(3) From a shopping cart value of more than EUR 60, shipping is free of charge within Germany. The flat rate for shipping costs up to 32 kg for Germany is otherwise EUR 5.90.
(4) The shipping fee for Austria, Belgium, Luxembourg and the Netherlands is EUR 9.90 up to 32 kg. If the value of the goods in the shopping cart exceeds EUR 100, shipping to the countries listed in 6 (4) is free of charge.
(5) The shipping fee for Denmark, France, Ireland, Sweden and the Czech Republic is EUR 12.90 up to 32 kg. If the value of the goods in the shopping cart exceeds EUR 120, shipping to the countries listed in 6 (5) is free of charge.
(6) The shipping fee for Finland, Italy, Poland, Portugal, Slovakia, Slovenia and Spain is EUR 14.90 up to 32 kg. If the value of the goods in the shopping cart exceeds EUR 140, shipping to the countries listed in 6 (6) is free of charge.
(7) The shipping fee for Bulgaria, Estonia, Croatia, Latvia, Lithuania, Romania, Hungary and Greece is EUR 18.90 up to 32 kg. If the value of the goods in the shopping cart exceeds EUR 150, shipping to the countries listed in 6 (7) is free of charge.
(8) For deliveries to Switzerland we calculate the following shipping costs.
1 - 6 bottles: EUR 39.90
7 - 15 bottles: EUR 49.90
16 - 18 bottles: EUR 69.90
19 - 26 bottles: EUR 115.90
27 - 36 bottles: EUR 145.90
37 - 42 bottles: EUR 160.90
43 - 49 bottles: EUR 170.90
50 - 54 bottles: EUR 180.90
more than 54 bottles: EUR 200.00
Customs and import duties are to be paid by the recipient. Please note: There may be longer transit times through customs.
(9) In the event of a cancellation, the customer must bear the direct costs of the return shipment.
7 Warranty for material defects
The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for items delivered by the provider is 12 months.
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damage based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for the foreseeable damage typical for the contract if this was caused simply by negligence, unless the customer is entitled to compensation for damage to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
9 cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must send a clear declaration to us (WEINNATUR, owner: Sandra Haltmayer, Sternstrasse 4, 86983 Lechbruck am See, phone: + 49 08862 241 000 3, email: Willkommen@weinnatur.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
11 Notes on data processing
(1) The provider collects customer data as part of the processing of contracts. He particularly observes the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data insofar as this is necessary for the execution of the contractual relationship and for the use and billing of telemedia.
(2) Without the customer's consent, the provider will not use the customer's data for advertising, market or opinion research purposes.
12 final provisions
(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN sales law and international private law.
(2) 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 provider's registered office.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, if they exist. If this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.
Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution, which you can find at https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.