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Impressum: Impressum

GENERAL TERMS AND CONDITIONS INCLUDING CUSTOMER INFORMATION

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  1. Scope of Application 1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Ursus Wineries GmbH (hereinafter referred to as the "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as the "Customer") with the Seller with respect to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to unless agreed otherwise. 1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly are neither commercial nor self-employed professional activities. 1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal personality who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

  2. Conclusion of Contract 2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer. 2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer with respect to the goods in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer by email, fax, online contact form, by post, or by telephone to the Seller. 2.3 The Seller may accept the Customer's offer within five days by: - Sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or - Delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or - Requesting payment from the Customer after the Customer has submitted his order. If several of the aforementioned alternatives are available, the contract is concluded when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed as a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent. 2.4 If the Customer selects a payment method offered by PayPal, payment processing will be carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal in the online order process, the Seller hereby declares acceptance of the Customer's offer at the point in time when the Customer clicks on the button that concludes the ordering process. 2.5 When an offer is made via the Seller's online order form, the contract text is stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has submitted his order. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected user account, specifying the corresponding login data. 2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the enlargement function of the browser, which enlarges the display on the screen. The Customer can correct his entries within the scope of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process. 2.7 The contract language available for the conclusion of the contract is German. 2.8 Order processing and contacting usually take place via email and automated order processing. The Customer must ensure that the email address provided by him for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that when using SPAM filters, all emails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered. 2.9 When ordering alcoholic beverages, the Customer confirms by placing the order that he has reached the legally required minimum age.

  3. Right of Withdrawal 3.1 Consumers generally have a right of withdrawal. 3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy. 3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not residents of a Member State of the European Union and whose sole domicile and delivery address are outside the European Union.

  4. Prices and Payment Conditions 4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices including the statutory value-added tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description. 4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g., transfer fees, exchange rate fees) or customs duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to money transfers even if the delivery is not made to a country outside the European Union and the Customer makes the payment from a country outside the European Union. 4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop. 4.4 If payment is to be made in advance by bank transfer, payment is due immediately upon conclusion of the contract unless otherwise agreed between the parties. 4.5 When selecting a payment method offered by "PayPal", payment processing is handled by PayPal, whereby PayPal may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal where he is in advance of the Customer (e.g., purchase on account or installment payment), he hereby assigns his payment claim to PayPal or the payment service provider named specifically to the Customer by PayPal. Before accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer's selected payment method in the event of a negative credit check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only make payments to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, the Seller remains responsible for general customer inquiries regarding the goods, delivery time, dispatch, returns, complaints, withdrawal declarations and returns or credits even in the event of assignment of claims. In addition, the General Terms and Conditions of Use for the use of purchase on account from PayPal apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms. 4.6 When selecting a payment method offered by "Wix Payments", payment processing is handled by the payment service provider Wix HQ, 6350671, Nemal Tel Aviv St 40, Tel Aviv-Yafo, Israel (hereinafter referred to as "Wix"). The individual payment methods offered via Wix will be communicated to the Customer in the Seller's online shop. Wix may use other payment services for processing payments, for which special payment terms may apply, and to which the Customer may be separately notified. Further information on Wix Payments can be found on the Internet at https://de.wix.com/payments. 4.7 When selecting the payment method "purchase on account", the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 30 (thirty) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method "purchase on account" only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer in his payment information in the online shop about a corresponding payment restriction. Furthermore, the Seller reserves the right to carry out a credit check when selecting the payment method "purchase on account" and to refuse this payment method in the event of a negative credit check. 4.8 When selecting the payment method "PayPal Invoice", the Seller assigns his payment claim to PayPal. Before accepting the Seller's assignment declaration, PayPal conducts a credit check using the transmitted customer data. The Seller reserves the right to refuse the payment method "PayPal Invoice" to the Customer in the event of a negative credit check result. If the payment method "PayPal Invoice" is approved by PayPal, the Customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal specifies a different payment deadline. In this case, he can only make payments to PayPal with discharging effect. However, the Seller remains responsible for general customer inquiries regarding the goods, delivery time, dispatch, returns, complaints, withdrawal declarations and returns or credits even in the event of assignment of claims. In addition, the General Terms and Conditions of Use for the use of purchase on account from PayPal apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

  5. Terms of Delivery and Shipment 5.1 If the Seller offers shipping of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the transaction. However, if PayPal is selected as the payment method, the delivery address stored by the Customer at the time of payment with PayPal is decisive. 5.2 For goods delivered by freight forwarder, delivery is "free curb", i.e., up to the nearest public curb to the delivery address, unless otherwise stated in the shipping information in the Seller's online shop and unless otherwise agreed. 5.3 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply with regard to the costs for the initial shipment if the Customer effectively exercises his right of withdrawal. For return costs, the regulations made in the Seller's cancellation policy shall apply in the event of effective exercise of the right of withdrawal by the Customer. 5.4 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer upon delivery of the goods to the Customer or an authorized person for receipt. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the Customer as a consumer as soon as the Seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment if the Customer has instructed the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the Seller has not previously designated this person or institution to the Customer. 5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply if the non-delivery is not attributable to the Seller and the Seller has concluded a concrete hedging transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to obtain the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately. 5.6 If the Seller offers the goods for collection, the Customer can collect the ordered goods within the Seller's specified business hours at the address specified by the Seller. In this case, no shipping costs will be charged.

  6. Retention of Title If the Seller provides advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

  7. Warranty Unless otherwise stated in the following provisions, the statutory provisions regarding liability for defects shall apply. However, deviating from this, the following shall apply to contracts for the delivery of goods: 7.1 If the Customer acts as an entrepreneur,

    the Seller shall have the choice of the type of supplementary performance; for new goods, the limitation period for defects shall be one year from delivery of the goods; rights and claims for defects in used goods shall be excluded; the limitation period shall not begin anew if a replacement delivery is made as part of the liability for defects.

    7.2 The limitations of liability and reductions in the statute of limitations set forth above shall not apply

    to claims for damages and reimbursement of expenses by the Customer, in the event that the Seller has fraudulently concealed the defect, for goods that have been used in accordance with their usual use for a building and have caused its defectiveness, for any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

    7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims shall remain unaffected. 7.4 If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), the Customer's obligation to examine and give notice of defects pursuant to § 377 HGB shall apply. If the Customer fails to comply with the notification obligations regulated there, the goods shall be deemed approved. 7.5 If the Customer acts as a consumer, he is requested to complain to the deliverer about goods delivered with obvious transport damage and to inform the Seller accordingly. If the Customer fails to do so, this has no effect on his statutory or contractual warranty claims.

  8. Applicable Law 8.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. 8.2 Furthermore, this choice of law does not apply to consumers who, at the time of conclusion of the contract, are not nationals of a member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.

  9. Jurisdiction If the Customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's place of business. If the Customer's registered office is outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. However, in the aforementioned cases, the Seller is also entitled to bring legal action at the Customer's place of business.

  10. Alternative Dispute Resolution 10.1 The European Commission provides a platform for online dispute resolution (ODR), which can be found at https://ec.europa.eu/consumers/odr. This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. 10.2 The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

Impressum: Datenschutz
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