General Terms and Conditions of Business
of the company “IN VINO VERITAS GbR” for end users, including statutory information about sales via the online shop
1. Scope of the General Terms and Conditions of Business
Solely the following General Terms and Conditions apply to contracts entered into by the company “IN VINO VERITAS GbR”, Ziegelhütte 10, D-97772 Wildflecken, Managing Directors: Manfred and Andreas Kunert (hereinafter referred to as “IN VINO VERITAS GbR”) and the Buyer (hereinafter referred to as the Customer).
2. Bringing About the Contract
2.1. Our range of goods presented on the internet does not constitute a binding offer to enter into a purchase contract but rather a request to place an order (purchase offer by the Customer). A purchase contract shall only be brought about by way of our express order confirmation.
Please note that your purchase offer is legally binding.
2.2. Storing the contract text:
Your order data are stored at our company. Your e-mail address shall be used to provide you with all the relevant data about your order, which can similarly be printed.
2.3. German is the contract language.
3. Order Process
At present you can make your purchase offer as follows:
In writing
by e-mail
Via our online shop.
The data you forward shall only be used for performing the delivery for your order and shall not be forwarded to third parties by us.
Please follow the following instructions for orders placed via our online shop:
3.1. Use the “In the Shopping Basket” button to place the product of your choice in the shopping basket. The content of the shopping basket is displayed in the left-hand side of the information bar on the right. You can use the “Shopping Basket” button to display the shopping basket at any time. Check your selection. You can increase or reduce the number of bottles of your selection and confirm by confirming the option in the “Update” button.
You can remove individual products from the shopping basket by using the “x” button.
3.2. Then you can continue your purchase or use the “To Checkout” button in the information bar on the right-hand side to go to the next section.
3.3. Enter your personal data in the next step:
- Use “Invoice Details” to enter your personal details.
3.4. Your shopping basket is then displayed again. Check or amend your order. If changes are necessary, you can still make changes in the shopping basket.
3.5. In the next step go to the payment method. For this you are required to accept the General Terms and Conditions of Business. Payment can now be made via PayPal.
3.6 ADVANCE PAYMENT:
If you do not wish to pay via PayPal, simply send the order (3.7). We shall then receive your order, send you our banking connection via e-mail and send the goods to you following receipt of payment.
3.7. Then place your order with a legally binding effect by using the “Place Order With Costs” button.
4. Protection of Children and Young Persons
4.1. By way of placing an order with “IN VINO VERITAS GbR” you confirm that you have reached the age of 18.
4.2. The Customer undertakes to ensure that only the Customer or adult persons authorised by the Customer to accept the delivery shall accept the delivery. With regard to the delivery, our logistics partner is entitled to request proof of age.
5. Prices and Payment Methods
5.1. The prices valid at the time the Customer places the order are applicable. All prices are to be understood as final prices, i.e. inclusive of the statutory value added tax. The Customer shall be invoiced for additional special delivery costs or costs that arise as a result of several delivery attempts.
5.2. At present the following payment methods are available:
Payment in advance / bank transfer
Payment via PayPal
- Collection from bank account (SEPA mandate) or invoice for resellers/catering
5.3. If the “advance payment” method is selected, we shall notify you of our banking connection via e-mail and deliver the goods following receipt of payment.
5.4. If you have selected the “advance payment” method, we shall reserve the respective goods following receipt of your order for a period of 14 days on your behalf starting with the date of our advance invoice. If payment is not made during this period the reservation shall expire.
5.5. Please note the following in the case of the “PayPal” payment method:
As a matter of principle you must be registered with PayPal, or register with PayPal, use your access data to prove your identity and confirm the payment instruction to us (exception where applicable: guest access). In the case of payment via a payment method offered by PayPal, the payment is processed via the PayPal payment service provider subject to the validity of the PayPal Conditions of Use, which can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/usragreement-full or, if you do not have a PayPal account, subject to the validity of the conditions for payment without a PayPal account, which can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
6. Shipping Costs
Within Germany:
Wines 0.75l and olive oil 0.5l:
Case up to 6 bottles: € 9.50
Case up to 12 bottles: € 12.00
Case up to 23 bottles: € 20.00
Delivery free domicile from 24 bottles.
Magnum wooden case 1.5l: each bottle: € 10
From 3 magnum bottles delivery free domicile
Shipping to EU countries on request
7. Delivery
7.1. Goods shall be delivered at the shipping conditions valid at the time the order is placed to the delivery address stated by the Customer.
7.2. Please feel free to collect the goods free of charge from our “IN VINO VERITAS GbR” warehouse by appointment.
7.3. Goods shall be delivered via parcel service. The standard delivery time is two to three workdays, whereby deliveries on Sundays and public holidays are excluded.
7.4. There is no minimum order quantity. However, for packaging reasons cases of 6 or 12 bottles (containing any selection) are used for the deliveries.
7.5. If the Buyer defaults in acceptance or culpably violates other collaboration duties, “IN VINO VERITAS GbR” shall be entitled to request compensation for the loss sustained as a result, including potential additional expenses. We expressly reserve the right to assert further-reaching claims.
Similarly, in the event of default in acceptance by the Buyer risk of the possible loss or possible deterioration of the item shall pass to the Buyer.
7.6. If you are not a consumer, the delivery and forwarding shall apply at your risk.
8. Cancellation right for consumers
Consumers (Section 13 BGB) have a statutory cancellation right. A consumer is any natural person who enters into a legal transaction for purposes that largely can neither be attributed to their commercial nor self-employed professional activity.
Cancellation right
You are entitled to cancel this contract within 14 days without stating reasons for such action. The cancellation period is fourteen days and commences from the day on which you or a third party stated by you, who is not the carrier, have or has taken possession of the goods. To exercise your cancellation right you must inform us, “IN VINO VERITAS GbR“, Ziegelhütte 10, D-97772 Wildflecken, Fax: …09745-2066…………, e-mail: info@ottoettari.com, of your decision to cancel this contract by way of unequivocal statement (e.g. letter, sent by post, fax or e-mail). To safeguard the cancellation right, it is sufficient if you forward the notification of exercising the cancellation right prior to expiry of the cancellation period.
Cancellation consequences
If you cancel this contract, we shall be required to repay to 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 selected a type of delivery other than the most favourable standard delivery offered by us), without delay and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. With regard to this repayment, we shall use the same payment method that you used in your original transaction unless something to the contrary was expressly agreed with you. Under no circumstances shall we charge you fees for such a repayment. We may refuse to make the repayment until we have received the returned goods or until you furnish proof that you have sent the goods back depending on whichever is the earliest.
You are to send the goods back to us, or hand them over to us, without delay and in any case at the latest within 14 days from the day on which you notify us of the cancellation of this contract. The period is deemed honoured if you send the goods prior to expiry of the period of 14 days. The direct cost of returning the goods shall be borne by you.
You will only be required to pay for a potential loss in value of the goods if such a loss in value is attributable to unnecessary contact with you to review the quality, characteristics and proper functioning of the goods.
End of the cancellation notice
The cancellation right does not apply in the case of distance marketing contracts
for the delivery of goods that are not prefabricated and an individual selection or determination by the consumer is authoritative for their manufacture, or the goods are clearly geared towards the personal requirements;
for the delivery of goods that may quickly perish or goods for which the best before date has quickly lapsed;
for the delivery of alcoholic drinks the price of which was agreed upon when entering into the contract which, however, can be delivered at the earliest 30 days after entering into the contract and the value of which is conditional on market fluctuations upon which the entrepreneur exerts no influence.
9. Return Terms
9.1. Please avoid damage and soiling. Please return the goods in a condition in which they can be re-sold. Please use the original packaging to return the goods. If you no longer have the original packaging, please ensure that the packaging is capable of providing suitable protection against transport damage.
9.2. Please note that the aforementioned paragraph is not a precondition for the effective exercising of the cancellation right.
10. Transport Damage
If it is obvious that the delivered goods have been damaged in transit, please provide the forwarding agent with notification of such damage where possible immediately and notify us without delay. Failure to provide notification of defects or establish contact shall not result in any consequences in respect of, and lodging, your statutory claims, in particular your warranty rights. However, this helps us to assert our own claims against the carrier or the transport insurance.
11. Reservation of Title
We reserve the right to ownership of the supplied item up until payment in full of all claims resulting from the delivery contract.
12. Guarantee
Statutory warranty rights apply to all goods from our shop.
13. Place of Jurisdiction
13.1. Insofar as a Customer is an entrepreneur, the Local Court (“Amtsgericht”) in Bad Kissingen or the District Court in Schweinnfurt (Landgericht) that have jurisdiction for our principal place of business is deemed the place of jurisdiction for any disputes resulting from contractual relationships entered into by the Customer and “IN VINO VERITAS GbR”.
13.2. Irrespective of this, in any case we are entitled to bring legal action against our customers in any other legal place of jurisdiction.
13.3. By contrast, the following shall apply if the Buyer is a consumer within the meaning of BGB (German Civil Code):
Legal action brought by “IN VINO VERITAS GbR” against consumers is to be heard in accordance with the legal place of jurisdiction in accordance with Section 13 ZPO (German Code of Civil Procedure) at the court with jurisdiction for the Buyer’s place of residence.
14. Dispute Settlement
14.1. We are hereby pleased to inform you about the Online Dispute Resolution (ODR) – a dispute settlement platform of the EU. Please see the following link for further information: https://ec.europa.eu/conusmers/odr/.
14.2. In accordance with Section 36(1), no. 1, German Act on Settling Disputes among Consumers (VSBG), we draw your attention to the fact that we are neither willing nor undertake to take part in dispute settlement proceedings before consumer dispute settlement bodies.
15. Note
The colours of the products illustrated on the internet may vary slightly from the original for various reasons (photography lighting, monitor settings and graphics card quality etc.).