VDP.Die Prädikatsweingüter offers interested consumers a special selection of various advertising materials for purchase. Below you will find the contractual conditions that apply to these orders.
Terms of contract within the framework of purchase contracts via the webshop www.vdp.de
Im Weinlagergebäude Zollhafen
Tel.: +49 (0)6131/ 9 45 65 0
Telefax: +49 (0) 6131/ 9 45 65 10
E-Mail: firstname.lastname@example.org vrepresented by its President, Steffen Christmann
VAT Identification No.: DE 15 34 25 554
VR 40 392 Verband deutscher Prädikatsweingüter e.V.
– hereinafter “Supplier” –
and the customer ordering via the aforementioned web shop – hereinafter “Customer”.
Section 1 Scope of application, definitions
(1) The business relationship between VDP. Prädikatsweingüter (hereinafter referred to as the „Supplier“) and the Customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Any deviating general terms and conditions of the customer shall not be recognised unless the supplier expressly agrees to their validity in writing.
(2) The Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
Section 2 Conclusion of contract
(1) The Customer may select products from the Supplier‘s range, in particular advertising materials of various kinds of the Supplier and collect them in a so-called shopping cart by clicking on the button „add to shopping cart“. By clicking on the button „Order with costs“, the customer submits a binding application to purchase the goods in the shopping cart. Before sending the order, the customer may change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the „Accept GTC“ button and has thereby included them in his application.
(2) The Supplier shall then send the Customer an automatic acknowledgement of receipt by e-mail in which the Customer‘s order is listed again and which the Customer can print out using the „Print“ function. The automatic acknowledgement of receipt merely documents that the Customer‘s order has been received by the Supplier and does not constitute acceptance of the application. The contract is only concluded when the Supplier issues the declaration of acceptance, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the contract text (consisting of the order, GTC and order confirmation) shall be sent by us to the customer on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract shall be stored in compliance with data protection laws.
(3) The contract shall be concluded in the German language.
Section 3 Delivery, availability of goods
(1) Delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price (except in the case of purchase on account). If no or no deviating delivery time is specified for the respective goods in our online shop, it shall be 5 – 10 days.
(2) If no copies of the product selected by the Customer are available at the time of the Customer‘s order, the Supplier shall inform the Customer of this immediately in the order confirmation. If the product is permanently unavailable, the Supplier shall refrain from issuing a declaration of acceptance. A contract shall not be concluded in this case.
(3) If the product designated by the Customer in the order is only temporarily unavailable, the Supplier shall also inform the Customer of this without delay in the order confirmation.
Section 4 Retention of title
The delivered goods remain the property of the Supplier until payment has been made in full.
Section 5 Prices and shipping costs
(1) All prices stated on the Supplier‘s website are inclusive of the applicable statutory value added tax.
(2) The corresponding shipping costs shall be indicated to the customer in the order form and shall be borne by the Customer unless the Customer exercises his/her right of withdrawal.
(3) The goods shall be dispatched by post. The shipping risk is borne by the Supplier if the Customer is a consumer.
(4) In the event of a revocation, the Customer shall bear the direct costs of the return shipment.
Section 6 Payment modalities
(1) Customers with a delivery address within Germany can choose between the payment options payment in advance, PayPal or on account. The payment option „purchase on account“ is only available to new customers for the first order up to an order value of 100 EUR. Customers with a delivery address outside Germany can pay in advance or via PayPal. However, the supplier is entitled at any time to carry out a delivery in whole or in part only against advance payment. We declare a corresponding reservation at the latest with the order confirmation.
(2) The stored payment method can be changed by the customer in his user account at any time.
(3) Payment of the purchase price is due and payable within 14 days from the date of invoice and delivery of the goods, unless advance payment has been agreed. In this case, payment of the purchase price is already due upon conclusion of the contract.
(4) The due date for payment is determined according to the calendar, the Customer shall already be in default by missing the deadline. In this case he shall pay the Supplier interest on arrears for the year at a rate of 5 percentage points above the base interest rate. The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.
(5) The invoice will be enclosed with the consignment if the delivery and invoice addresses are identical. If a consignment consists of several packages, one of the packages shall contain the total invoice. If the delivery address differs from the invoice address, the invoice will be sent in PDF format to the specified e-mail address. A paper invoice can be sent on request.
Section 7 Defect warranty
(1) The Supplier shall be liable for material defects in accordance with the applicable statutory provisions, in particular Section 434 et seq. German Civil Code (BGB).
(2) An additional guarantee exists for the goods delivered by the Supplier only if this was expressly given in the order confirmation for the respective item.
Section 8 Liability
(1) Any claims for damages on the part of the Customer shall be excluded. Excluded from this are claims for damages by the Customer arising from injury to life, limb, or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Supplier, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Supplier shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it is a matter of claims for damages by the Customer arising from injury to life, limb, or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favour of the Supplier‘s legal representatives and vicarious agents if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply insofar as the Supplier has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies insofar as the Supplier and the Customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.
Section 9 Cancellation policy
(1) When concluding a distance selling transaction, consumers generally have a statutory right of cancellation, which the Supplier informs them of below in accordance with the statutory model. In paragraph (2) you will find a model cancellation form.
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation 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 us (VDP.Die Prädikatsweingüter, In the wine storage building Zollhafen, Taunusstraße 61, 55118 Mainz, Phone: +49 (0)6131/ 9 45 65 0, fax: +49 (0) 6131/ 9 45 65 10, e-mail: email@example.com) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the cancellation period, it is sufficient for you to send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of cancellation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive standard delivery offered by us), without 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 for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only must pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
(2) The Supplier shall provide the following information on the model cancellation form in accordance with the statutory provisions:
Sample cancellation form
(If you wish to cancel the contract, please fill out and return this form.)
— To VDP.Die Prädikatsweingüter, Im Weinlagergebäude Zollhafen, Taunusstraße 61, 55118 Mainz, Tel.: +49 (0)6131/ 9 45 65 0, Telefax: +49 (0) 6131/ 9 45 65 10, E-Mail: firstname.lastname@example.org.
— 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 the consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only in the case of notification on paper)
(*) Delete as applicable
Section 10 Further mandatory information for consumers
We are obliged to refer you as a consumer to the online dispute resolution platform (ODR platform) of the European Commission, which can be accessed via the following link: webgate.ec.europa.eu odr. However, we do not participate in dispute resolution proceedings before a consumer arbitration board.
Section 11 Final provisions
(1) The law of the Federal Republic of Germany applies to contracts between the Supplier and the Customers to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
(2) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become ineffective.