General Terms and Conditions

General Terms and Conditions with customer information

1. Scope
2. Offers and service descriptions
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Payment terms
7. Retention of title
8. Warranty for defects and guarantee
9. Liability
10. Storage of the contract text
11. Place of jurisdiction, applicable law, contract language

1. Scope

1.1. The following General Terms and Conditions, in the version valid at the time of the order, apply exclusively to the business relationship between [Umbriaweine.com, owner: André Johannes Keuter, Möllenkamp 9, 48455 Bad Bentheim] (hereinafter “Seller”) and the customer (hereinafter “Customer”).
1.2. You can reach our customer service for questions, returns and complaints on working days from [8:00] to [22:00] on the telephone number [+49 (0) 174 9273583] and by email at [andre@umbriaweine.de].
1.3. A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor to their self-employed professional activity.
1.4. Deviating conditions of the customer are not recognised unless the Seller expressly agrees to their validity.

2. Offers and service descriptions

2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogues and on the Seller’s websites do not have the character of an assurance or guarantee.
2.2. All offers are valid “while stocks last”, unless otherwise noted for the products. Errors excepted.

3. Ordering process and conclusion of contract

3.1. The customer can select products from the Seller’s range without obligation and collect them in a so-called shopping cart using the [add to cart] button. Within the shopping cart, the product selection can be changed, e.g. deleted. The customer can then proceed to complete the order via the [proceed to checkout] button.
3.2. By clicking the [order with obligation to pay] button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time, and use the browser’s “back” function to return to the shopping cart or cancel the ordering process entirely. Required information is marked with an asterisk (*).
3.3. The Seller then sends the customer an automatic acknowledgement of receipt by email, in which the customer’s order is listed again and which the customer can print out using the “print” function (order confirmation). The automatic acknowledgement of receipt merely documents that the customer’s order has been received by the Seller and does not constitute acceptance of the request. The purchase contract is only concluded when the Seller ships or hands over the ordered product to the customer within 2 days, or confirms the shipment to the customer within 2 days with a second email, an explicit order confirmation or the sending of the invoice.
3.4. Should the Seller enable payment in advance, the contract is concluded upon provision of the bank details and the request for payment. If the payment, despite being due, has not been received by the Seller within 10 calendar days after the order confirmation was sent, even after a renewed request, the Seller withdraws from the contract, with the result that the order lapses and the Seller is under no obligation to deliver. The order is then settled for buyer and Seller without further consequences. A reservation of the item for advance payments therefore applies for a maximum of 10 calendar days.

4. Prices and shipping costs

4.1. All prices stated on the Seller’s website include the applicable statutory VAT.
4.2. In addition to the stated prices, the Seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.

5. Delivery, availability of goods

5.1. Insofar as advance payment is agreed, delivery takes place after receipt of the invoice amount.
5.2. Should delivery of the goods fail due to the buyer’s fault despite three delivery attempts, the Seller may withdraw from the contract. Any payments made are refunded to the customer without delay.
5.3. If the ordered product is not available because the Seller is not supplied with this product by his supplier through no fault of his own, the Seller may withdraw from the contract. In this case, the Seller will inform the customer without delay and may suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish delivery of a comparable product, the Seller will refund any consideration already provided to the customer without delay.
5.4. Customers are informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.

6. Payment terms

6.1. The customer can choose from the available payment methods during and before completing the ordering process. Customers are informed about the available means of payment on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third parties are commissioned with payment processing, e.g. PayPal, their general terms and conditions apply.
6.4. If the due date of the payment is determined by the calendar, the customer is already in default by missing the deadline. In this case the customer must pay the statutory default interest.
6.5. The customer’s obligation to pay default interest does not exclude the assertion of further default damages by the Seller.
6.6. The customer is only entitled to a right of set-off if his counterclaims have been legally established or recognised by the Seller. The customer can only exercise a right of retention insofar as the claims result from the same contractual relationship.

7. Retention of title

The delivered goods remain the property of the Seller until full payment.

8. Warranty for defects and guarantee

8.1. The warranty is determined by statutory provisions.
8.2. A guarantee for the goods delivered by the Seller only exists if this was expressly given. Customers are informed about the guarantee conditions before initiating the ordering process.

9. Liability

9.1. The following exclusions and limitations of liability apply to the Seller’s liability for damages, without prejudice to the other statutory conditions for claims.
9.2. The Seller is liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the Seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies. In this case, however, the Seller is only liable for the foreseeable damage typical of the contract. The Seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above limitations of liability do not apply in the event of injury to life, body and health, for a defect after assuming a guarantee for the quality of the product and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the Seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

10. Storage of the contract text

10.1. The customer can print out the contract text before submitting the order to the Seller by using the print function of his browser in the last step of the order.
10.2. The Seller also sends the customer an order confirmation with all order data to the email address provided by him. With the order confirmation, the customer also receives a copy of the Terms and Conditions together with the cancellation policy and the information on shipping costs as well as delivery and payment terms. If you have registered in our shop, you can view your placed orders in your profile area. In addition, we store the contract text, but do not make it accessible on the internet.

11. Final provisions

11.1. The place of jurisdiction and performance is the Seller’s registered office if the customer is a merchant, a legal entity under public law or a special fund under public law.
11.2. The contract language is German.
11.3. European Commission platform for online dispute resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.