Terms and Conditions (General Terms and Conditions)
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 email.
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. An address and credit check does not take place.
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. Hire 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.
For entrepreneurs, the following also applies: 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 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 of conclusion of the contract, the occurrence of which must typically be expected.
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, 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].