Conditions

General Terms and Conditions


1. SCOPE OF APPLICATION

For all orders through our online store by consumers and entrepreneurs, the following terms and conditions apply.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his 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 his commercial or independent professional activity.

The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become an integral part of the contract if we have expressly agreed to them.


2. CONTRACTING PARTIES, CONCLUSION OF CONTRACT, CORRECTION OPTIONS

The purchase contract is concluded with Babarolo Wein Handel GmbH.

By placing the products in the online store, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.


3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE

The language(s) available for the conclusion of the contract: German, English

We store the contract text and send you the order data and our terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.


4. DELIVERY CONDITIONS

In addition to the stated product prices, shipping costs may be incurred. You can find out more about shipping costs in the offers.

We deliver only in the dispatch way. A self-collection of the goods is unfortunately not possible.


5. PAYMENT

In our store, the following payment methods are generally available:

Prepayment
If you choose the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Cash on delivery
You pay the purchase price directly to the deliverer. There are no further costs for this.

Credit card
You enter your credit card details in the order process. Your card will be charged immediately after placing the order.

SEPA direct debit
With the submission of the order you give us a SEPA direct debit mandate. We will inform you about the date of the account debit at least one bank business day in advance (so-called prenotification). A bank business day is any working day with the exception of Saturdays, national public holidays and the 24th and 31st of December each year. The account is debited before the goods are shipped.

PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further instructions in the order process.

PayPal Plus
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal") we offer the following payment options as PayPal Services. Unless otherwise stipulated below, payment via PayPal Plus does not require registration with PayPal. You will receive further information with the respective payment option and in the order process.

PayPal
In order to be able to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order.

Sofort by Klarna
In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the order process.

Google Pay
In order to pay the invoice amount via the payment service provider Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction will be carried out immediately after placing the order. You will receive further instructions during the order process.

Apple Pay
In order to pay the invoice amount via the payment service provider Apple Inc, One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions in the order process.

giropay / paydirekt
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M ("giropay" or "paydirekt") we offer the payment methods giropay and paydirekt.

giropay
In order to pay the invoice amount via giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the order process.

paydirekt
To pay the invoice amount via paydirekt, you must have a bank account activated for online banking, be registered with paydirekt, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions in the order process.

Skrill
To pay the invoice amount via the Skrill service of the payment service provider Paysafe Payment Solutions Limited, Grand Canal House Grand Canal Street Upper Dublin 4, D04 Y7R5 Ireland ("Skrill"), you must be registered with Skrill, legitimize yourself with your access data and confirm the payment instruction. The payment transaction will be processed by Skrill immediately after the order is placed. You will receive further instructions in the order process.

Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna") we offer the following payment options. Payment via Klarna is only available to consumers. Unless otherwise provided below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will receive further instructions with the respective payment option and in the order process.

Purchase on account via Klarna
The invoice amount is due 14 days after shipment of the goods and receipt of the invoice.

Klarna direct debit
You give Klarna a SEPA direct debit mandate. Klarna will inform you about the date of the debit (so-called prenotification). The account will be debited after the goods have been shipped.

Installment purchase via Klarna
You can pay the invoice amount in monthly installments of at least 1/24 of the total amount. The amount of the minimum installment is 6,95 Euro.

Klarna credit card
You enter your credit card details in the order process. Your card will be charged by Klarna immediately after placing the order. There is no address or credit check.

Invoice
The invoice amount is due 7 days after receipt of the invoice and the goods by bank transfer to the bank account specified in the invoice. We reserve the right to offer purchase on account only after a successful credit check.

Klarna
Klarna Bank AB Sveavägen 46 111 34 Stockholm Sweden. Installment purchase provider


6. RIGHT OF REVOCATION

You are entitled to the statutory right of withdrawal as described in the cancellation policy.


7. RESERVATION OF OWNERSHIP

The goods remain our property until full payment.
For entrepreneurs, the following shall apply in addition: We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You shall remain authorized to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.


8. TRANSPORT DAMAGE

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

For entrepreneurs, the following applies: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.


9. WARRANTY AND GUARANTEES


9.1 WARRANTY FOR DEFECTS

Unless otherwise expressly agreed below, the statutory liability for defects shall apply.

The following restrictions and shortened periods shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

* in case of injury to life, body or health
* in case of intentional or grossly negligent breach of duty as well as fraudulent intent
* in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)
* within the scope of a guarantee promise, if agreed, or
* insofar as the scope of application of the Product Liability Act is opened.

Restrictions vis-à-vis entrepreneurs

With respect to entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk.

The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

Regulations vis-à-vis merchants

Among merchants, the duty of inspection and notification of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.


9.2 WARRANTIES AND CUSTOMER SERVICE

Information on any additional warranties that may apply and their exact conditions can be found in each case with the product and on special information pages in the online store.


10. LIABILITY

For claims based on damage caused by us, our legal representatives or vicarious agents, our liability is always unlimited

* in case of injury to life, body or health,
* in case of intentional or grossly negligent breach of duty,
* in case of warranty promises, as far as agreed, or
* insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the liability shall be limited in amount to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.


11. DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.
The competent body is the Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de [https://www.verbraucher-schlichter.de ].


12. PROTECTION OF MINORS

If your order includes goods, the sale of which is subject to age restrictions, we ensure that the customer has reached the required minimum age by using a reliable procedure including a personal identity and age check. The delivery person will hand over the goods only after the age check has been carried out and only to the customer in person. In this case, delivery to packing stations is not possible.


13. FINAL PROVISIONS

If you are an entrepreneur, then German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant in the sense of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.


AGB [https://legal.trustedshops.com/produkte/rechtstexter] created with the Trusted Shops [https://legal.trustedshops.com/] legal text editor in cooperation with FÖHLISCH Rechtsanwälte [https://foehlisch.com].General Terms and Conditions


1. SCOPE

The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their can be attributed to self-employed professional activity. 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.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby revoked disagreed they only become part of the contract if we have expressly agreed to this.


2. CONTRACTUAL PARTNERS, CONCLUSION OF CONTRACT, POSSIBLE CORRECTIONS

The purchase contract is concluded with Babarolo Wein Handel GmbH.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order you will receive another confirmation by e-mail.


3. CONTRACT LANGUAGE, CONTRACT TEXT SAVING

The language(s) available for the conclusion of the contract: German, English

We save the contract text and send you the order data and our terms and conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.


4. TERMS OF DELIVERY

In addition to the stated product prices, shipping costs may also apply. You can find out more detailed provisions on any shipping costs that may be incurred in the offers.

We only deliver by mail. Unfortunately, it is not possible to collect the goods yourself.


5. PAYMENT

The following payment methods are generally available in our shop:

Payment in advance
If you select the payment method in advance, we will give you our bank details in a separate email and deliver the goods after receipt of payment .

Cash on delivery
You pay the purchase price directly to the deliverer. There are no additional costs for this.

Credit card
In the ordering process, enter your credit card details. Your card will be debited immediately after you place your order.

SEPA direct debit
By placing your order, you give us a SEPA direct debit mandate. We will inform you about the date of the account debit at least one bank business day in advance (so-called pre-notification). A bank business day is every working day with the exception of Saturdays, national public holidays and December 24th and 31st of each year. The account is debited before the goods are shipped.

PayPal, PayPal Express
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, identify yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further information during the ordering process.

PayPal Plus
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal") we offer you the following payment options as PayPal services.Unless otherwise regulated below, payment via PayPal Plus does not require registration with PayPal. You will receive further information for the respective payment option and in the ordering process.

PayPal
In order to be able to pay the invoice amount via the PayPal payment option , you must be registered with PayPal, identify yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after placing the order.

Sofort by Klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have an online banking account have an activated bank account, identify themselves accordingly and confirm the payment order. Your account will be debited immediately after placing the order. You will receive further information during the ordering process.

Google Pay
In order to be able to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after placing the order. You will receive further information during the ordering process.

Apple Pay
In order to be able to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after placing the order. You will receive further information during the ordering process.

giropay / paydirekt
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M ("giropay" or "paydirekt") we offer the payment methods giropay and paydirekt.

giropay
In order to be able to pay the invoice amount via giropay, you must have a bank account activated for online banking, legitimize themselves accordingly and confirm the payment order. Your account will be debited immediately after placing the order. You will receive further information during the ordering process.

paydirekt
In order to be able to pay the invoice amount via paydirekt, you must have a bank account activated for online banking, be registered with paydirekt, identify yourself with your access data and the confirm payment order. The payment transaction is carried out immediately after placing the order. You will receive further information during the ordering process.

Skrill
To pay the invoice amount via the Skrill service of the payment service provider Paysafe Payment Solutions Limited, Grand Canal House Grand Canal Street Upper Dublin 4, D04 Y7R5 Ireland ("Skrill") To be able to, you must be registered with Skrill, identify yourself with your access data and confirm the payment order. The payment transaction is carried out by Skrill immediately after placing the order. You will receive further information during the ordering process.

Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna") we offer you the following payment options . Payment via Klarna is only available to consumers. Unless otherwise regulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will receive further information for the respective payment option and in the ordering process.

Purchase on account via Klarna
The invoice amount is due 14 days after the goods have been shipped and the invoice has been received.

Klarna direct debit
You give Klarna a SEPA direct debit mandate. Klarna will inform you about the date of the account debit (so-called prenotification). The account will be debited after the goods have been shipped.

Installment purchase via Klarna
You can pay the invoice amount in monthly installments of at least 1/24 of the total amount. The minimum rate is EUR 6.95.

Klarna credit card
In the ordering process, enter your credit card details. Your card will be charged by Klarna immediately after placing the order. There is no address or credit check.

Invoice
The invoice amount is due 7 days after receipt of the invoice and the goods by transfer to the bank account specified in the invoice. We reserve the right to only offer purchase on account after a successful credit check.

Klarna
Klarna Bank AB Sveavägen 46 111 34 Stockholm Sweden. Installment purchase provider


6. RIGHT OF CANCELLATION

You have the statutory right of cancellation as described in the cancellation policy.


7. RESERVATION OF TITLE

The goods remain our property until full payment.
The following also applies to entrepreneurs: We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. At your request, we will release the securities to which we are entitled if the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.


8. TRANSPORT DAMAGE

The following applies to consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery agent as soon as possible and please contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance company.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we hand over the matter to the carrier , the carrier or the person or institution otherwise responsible for carrying out the shipment.


9. WARRANTY AND GUARANTEES


9.1 LIABILITY FOR DEFECTS

Unless otherwise expressly agreed below, the statutory right to liability for defects applies.

The following limitations and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

* in the event of injury to life, limb or health
* in the event of intentional or grossly negligent breach of duty and fraudulent intent
* in the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations)
* within the framework of a guarantee promise, if agreed, or
* insofar as the scope of application of the Product Liability Act is opened.

Restrictions towards entrepreneurs

With regard to entrepreneurs, only our own information and the product descriptions of the manufacturer that were included in the contract apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk.

The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

Rules for merchants

The duty to examine and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.


9.2 GUARANTEES AND CUSTOMER SERVICE

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.


10. LIABILITY

We are always fully liable for claims based on damage caused by us, our legal representatives or vicarious agents

* in the event of injury to life, limb or health,
* in the case of intentional or grossly negligent breach of duty,
* in the case of a promise of guarantee, if agreed, or
* insofar as the scope of application of the Product Liability Act is open.

In the event of a breach of essential contractual obligations, the fulfillment of which prevents the proper execution of the contract at all only made possible and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is limited to the damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.Moreover, claims for damages are excluded.


11. DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. We are willing to take part in an out-of-court arbitration procedure before a consumer arbitration board.
The federal universal arbitration board at the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de [https://www .verbraucher-schlichter.de ].


12. PROTECTION OF YOUTH

If your order includes goods whose sale is subject to age restrictions, we use a reliable process that includes a personal identity and age check to ensure that the customer has reached the required minimum age. The deliverer hands over the goods only after the age has been checked and only to the customer personally. In this case, delivery to packing stations is not possible.


13. FINAL PROVISIONS

If you are an entrepreneur, then German law applies to the exclusion of the UN Sales Convention.

If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is our place of business for all disputes arising from contractual relationships between us and you .com/] Legal copywriter in cooperation with FÖHLISCH Rechtsanwälte [https://foehlisch.com]..