(AGB) General Terms and Conditions
SCOPE
The following terms and conditions apply to all orders placed via our online store. Our online store is aimed exclusively at consumers.
A consumer is any natural or legal person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
CONTRACTING PARTIES, CONCLUSION OF THE CONTRACT, CORRECTION OPTIONS
The contract of sale is concluded with Weingut Markus Molitor, owner Markus Molitor, Haus Klosterberg, D-54470 Bernkastel-Wehlen.
The presentation of the wines in the online store does not represent a legally binding offer, but a non-binding online catalog. You can initially place our wines 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. By clicking the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.
When the contract with us is concluded depends on the payment method you have chosen:
Apple Pay
In the ordering process, you will be redirected to the website of the online provider Apple. There you can enter your payment details and confirm the payment instruction to Apple. After submitting the order in the store, we request Apple to initiate the payment transaction and thereby accept your offer.
Credit card
We accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within five working days.
PayPal
In the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After submitting the order in the store, we request PayPal to initiate the payment transaction and thereby accept your offer.
Google Pay
In the ordering process, you will be redirected to the website of the online provider Google. There you can enter your payment details and confirm the payment instruction to Google. After submitting the order in the store, we request Google to initiate the payment transaction and thereby accept your offer.
CONTRACT TEXT STORAGE
We save your order and the entered order data. We will send you an order confirmation by e-mail and then an order confirmation with all order data. You also have the option of printing out both the order and the General Terms and Conditions before sending the order to us. You can also access the orders you have placed at any time via your customer account.
PRICES AND SHIPPING COSTS
The prices quoted in the respective offers include the applicable sales tax plus shipping costs.
In the case of cross-border delivery, further taxes and duties (customs) may be incurred in individual cases, which the buyer must pay directly to the respective tax and customs authorities of the recipient country.
You will find more detailed provisions on any shipping costs incurred in the offers and in the shipping conditions.
We deliver only by mail order. Self-collection (after ordering in our online store) of the goods is possible only on request.
TERMS OF PAYMENT
In our store you can basically use the following payment methods:
Credit card
With the submission of the order you provide your credit card details. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically immediately after the conclusion of the contract and your card will be charged.
PayPal
In the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the order process.
Google Pay
In order to pay the invoice amount via Google Pay, you must be registered with the service provider Google, have activated the Google 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 during the order process.
Apple Pay
In order to pay the invoice amount via Apple Pay, you must use the "Safari" browser, be registered with the service provider 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 during the order process.
RETENTION OF TITLE
The goods remain our property until full payment.
TRANSPORT DAMAGE
If goods are delivered with obvious transport damage, please complain about such defects to the deliverer 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, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
WARRANTY AND GUARANTEES
The statutory liability for defects shall apply.
LIABILITY
For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
- in the event of injury to life, limb or health,
- in the event of intentional or grossly negligent breach of duty,
- in the event of warranty promises, insofar as agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
YOUTH PROTECTION
If your order includes goods the sale of which is subject to age restrictions, we ensure that the age of the customer is not exceeded by using a reliable procedure involving a personal identity and
age check to ensure that the customer has reached the required minimum age. The deliverer will hand over the goods only after the age check and only to the customer personally.
OTHER
The contract language is German.
The place of jurisdiction is, as far as permissible, Bernkastel-Wehlen.
The law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), shall apply to the contracts concluded with the inclusion of the above contractual terms and conditions, their conclusion, effectiveness, interpretation and implementation, as well as to all other legal relationships existing between the parties, unless otherwise agreed in individual cases.
If gaps should occur in the execution of the contract, these are to be remedied by regulations which come closest to the economic sense of the contract.