1. Scope of Application

All sales and deliveries of goods by Weingut Heinrich Schönlaub GbR - especially within the framework of this online shop - are subject to these general terms and conditions. Deviating terms and conditions are not valid unless Weingut Heinrich Schönlaub GbR has agreed to them in writing or by e-mail before accepting the order. The General Terms and Conditions can be changed by Weingut Heinrich Schönlaub GbR at any time and are valid in the version current at the time of the customer's order. The customer agrees to these General Terms and Conditions at the latest when placing the order.

 2. Youth Protection Act

An order for wine, sparkling wine and spirits can only be placed with persons over 18 years of age. By submitting the order, the customer assures that he or she or the recipient of the goods is older than 18 years.

 3. Language of the contract

The contract, order and business language is German.

 4. Contract Conclusion

Your order represents an offer to Weingut Heinrich Schönlaub GbR to conclude a sales contract. As soon as you place an order in the online shop of Weingut Heinrich Schönlaub GbR, we will send you an e-mail confirming the receipt of your order by Weingut Schönlaub GbR and representing a sales contract for Weingut Heinrich Schönlaub GbR. During the ordering process, payment is then made via PayPal or purchase on account. Afterwards we will deliver the ordered products by parcel service or forwarding agency. As soon as the ordered goods are in delivery, you will be informed by e-mail. The invoice is enclosed with the wine package.

 5. Place of performance

The place of performance for all services arising from transactions between the contracting parties is the registered office of Weingut Heinrich Schönlaub GbR, even if the transfer of goods is to take place at a different location as agreed.  

 6. Transfer of risk

If the customer collects the goods himself, the risk shall pass to the customer at the latest when the goods are handed over at the cash desk. In the case of delivery, the risk is transferred to the customer upon delivery of the goods from Weingut Heinrich Schönlaub GbR to the carrier. The delivery is thus at the expense and risk of the customer. Coverage of the delivery by a transport insurance policy is only provided upon the express instruction of the customer and at the customer's expense. If the customer himself has concluded the transport contract, the risk is already transferred to the customer when the goods are handed over to the carrier.

 7. Right of revocation and return

A prerequisite for the application of these regulations is that the contracts are distance contracts. According to § 312b BGB, distance contracts are contracts for the delivery of goods or the provision of services, which are concluded using exclusively means of distance communication. This includes not only e-commerce via the Internet but also telephone sales, e-mail and mail order catalogues. The duty to inform according to § 312c BGB as well as the right of revocation and return according to § 312d BGB only apply if the contracts are concluded by a consumer. According to § 312d BGB the consumer has a right of revocation and return in case of a distance selling contract. According to § 312d IV BGB, this right of revocation does not apply to the delivery of goods manufactured according to customer specifications. If the customer is a consumer and it is a distance selling transaction, he can cancel the contract within 14 days without giving reasons. The revocation period is 14 days from the day of conclusion of the contract. In order to exercise the right of revocation, the Customer must inform Weingut Heinrich Schönlaub GbR by means of a written declaration stating the name, address, telephone number and the decision to revoke the contract. The deadlines are met if the Customer sends the notification to revoke the contract before the end of the revocation period. If the Customer revokes the contract, Weingut Heinrich Schönlaub GbR must repay all payments received from the Customer, including delivery costs - with the exception of additional costs resulting from the fact that the Customer has chosen a different type of delivery than the inexpensive standard delivery offered by Weingut Heinrich Schönlaub GbR - immediately and no later than 14 days from the day on which Weingut Heinrich Schönlaub GbR receives the notice of revocation of the contract. For this repayment, Weingut Heinrich Schönlaub GbR will use the same means of payment that the customer used for the original transaction, unless otherwise expressly agreed upon with the customer; in no case will Weingut Heinrich Schönlaub GbR charge fees for this repayment. Weingut Heinrich Schönlaub GbR may refuse to make the repayment until the goods are returned or until the Customer has provided proof that he/she has returned the goods, whichever is the earlier. The customer must return or hand over the goods immediately and in any case within 14 days at the latest from the day on which he informs Weingut Heinrich Schönlaub GbR of the revocation of this contract. The deadline is deemed to have been met if the customer dispatches the goods before the 14-day period has expired. The customer bears the direct costs of returning the goods. The customer shall only be liable for any loss of value of the goods if this loss of value is due to handling that is not necessary for testing the condition, properties and functionality of the goods. The customer's right of revocation is excluded in the case of contracts for goods that are manufactured according to customer specifications or are clearly tailored to personal needs, for goods that can spoil quickly or whose expiration date is exceeded quickly, for goods that are delivered sealed and are not suitable for return for reasons of health protection or for reasons of hygiene, if the seal was removed after delivery, on alcoholic beverages, the price of which was agreed upon when the contract was concluded, but which cannot be delivered earlier than 30 days after conclusion of the contract, and the current value of which depends on fluctuations in the market, over which the entrepreneur has no influence, on the delivery of beverages delivered by Weingut Heinrich Schönlaub GbR within the framework of frequent and regular trips to the consumer's place of residence, place of stay or workplace.

Consequently, please see the cancellation form:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*): - Ordered on (*)/received on (*): - Name of consumer(s) - Address of consumer(s) - Signature of consumer(s) (only in case of notification on paper) -Date (*) Delete as applicable.
The completed revocation form must be sent to Weingut Heinrich Schönlaub GbR, Bergstraße 14, D-76889 Gleiszellen, Germany, Phone no.: +49 6343.8142 Fax no.: +49 6343.8141, Email: widerruf @ weingut-schoenlaub.de

 8. Prices and shipping

The offered prices of the goods are gross prices in EURO and include all legal taxes and duties for domestic deliveries. Glass and packaging are included, but expressly excluded are the special gift boxes and wooden boxes of Weingut Heinrich Schönlaub GbR. Deliveries outside the Federal Republic of Germany may be subject to additional customs duties and/or charges, including any import or export duties and any excise taxes, which may lead to a change in the gross prices offered. Such customs duties and/or levies are to be borne by the customer in the respective legal amount. Furthermore, deliveries outside the Federal Republic of Germany can only be made if there are no legal or disproportionate logistical obstacles to the delivery. The prices quoted in catalogues, brochures, price lists etc. are always non-binding, unless expressly stated otherwise in individual cases. The prices are also non-binding for repeat orders. The prices are based on the costs up to the time of the first price quotation. Should the costs change up to the time of the submission of an order by the customer, Weingut Heinrich Schönlaub GbR is entitled to adjust the prices accordingly. The binding prices are displayed in the online shop of Weingut Heinrich Schönlaub GbR after correct selection in the shopping cart. The customer bears all costs arising from shipping. The goods are mainly shipped by the DHL parcel service. The corresponding shipping costs are displayed to the customer during the ordering process - immediately before the order is completed - and are added to the total invoice amount. In addition, the shipping costs are listed in detail under the item Terms of Payment and Delivery. In all countries in which Weingut Heinrich Schönlaub GbR does not offer a delivery service and cooperates with partners, customers are served by the respective importers. Addresses and contacts can be requested from us. Delivery is made from the location of Weingut Heinrich Schönlaub GbR to the delivery address specified by the customer. If Weingut Heinrich Schönlaub GbR is not able to deliver the ordered goods through no fault of its own because a supplier of Weingut Heinrich Schönlaub GbR does not fulfil its contractual obligations, Weingut Heinrich Schönlaub GbR is entitled to withdraw from the contract with the customer. In this case the customer will be informed immediately that the ordered product is not available. If a delivery to the customer is not possible because the product has to be produced again, the customer will be informed immediately by email or telephone. If the delivery to the customer is not possible because the customer is not at the delivery address given by him at the time of the package delivery, the parcel service will leave a parcel label at the delivery address with the information at which time the package will be delivered again. This takes place in three attempts. After the third attempt, the parcel will be returned to Weingut Heinrich Schönlaub GbR.
Maturity and retention of title
The purchase price is due upon conclusion of the contract, at the latest upon delivery of the goods. This also applies to partial deliveries, where the purchase price is to be paid for the respective partial quantities delivered. Weingut Heinrich Schönlaub GbR reserves the right of ownership of all goods until the purchase price including additional charges has been paid in full. If the buyer is in default of payment or other services, Weingut Heinrich Schönlaub GbR can postpone the fulfilment of its obligations until the payment or other services in arrears have been received, make use of a reasonable extension of the delivery period corresponding to the customer's default, make the entire or still open purchase price due immediately (loss of deadline), this also applies if an instalment payment has been agreed upon with the consumer or if a reasonable grace period has not been adhered to. In addition, interest on arrears will be charged at a rate of 5 %. In addition, the customer who is in default of payment is also obliged to reimburse the pre- and out-of-court collection and recovery costs caused by his default, in particular reminder and collection charges as well as costs for legal representation. If the payment deadline is exceeded, any remuneration granted (discounts, reductions, etc.) shall also be forfeited and shall be invoiced.

 9. Maturity and retention of title

The purchase price is due upon conclusion of the contract, at the latest upon delivery of the goods. This also applies to partial deliveries, where the purchase price is to be paid for the respective partial quantities delivered. Weingut Heinrich Schönlaub GbR reserves the right of ownership of all goods until the purchase price including additional charges has been paid in full. If the buyer is in default of payment or other services, Weingut Heinrich Schönlaub GbR can postpone the fulfilment of its obligations until the payment or other services in arrears have been received, make use of a reasonable extension of the delivery period corresponding to the customer's default, make the entire or still open purchase price due immediately (loss of deadline), this also applies if an instalment payment has been agreed upon with the consumer or if a reasonable grace period has not been adhered to. In addition, interest on arrears will be charged at a rate of 5 %. In addition, the customer who is in default of payment is also obliged to reimburse the pre- and out-of-court collection and recovery costs caused by his default, in particular reminder and collection charges as well as costs for legal representation. If the payment deadline is exceeded, any remuneration granted (discounts, reductions, etc.) shall also be forfeited and shall be invoiced.

10. Payment

• The purchase price is due upon dispatch of the order and is to be paid without deduction within 14 days of delivery of the goods at the latest. You can pay via PayPal or on account. For a first order on account the order value is limited to a maximum invoice amount of € 100,- In addition, our internal credit guidelines apply.
• The shipping of the order is already from a value of € 500.- or 120 bottles for you within Germany (incl. island delivery) at our prices in the online shop without surcharge.

11. Guarantee

Commitments, such as those regarding the usability or special properties of the goods, or statements made by employees of Weingut Heinrich Schönlaub GbR are non-binding and do not constitute an express assurance of certain properties. Warranty claims require that defects are reported to Weingut Heinrich Schönlaub GbR without delay, namely recognizable defects immediately upon acceptance, hidden defects after discovery, and by presenting the opened goods and the original invoice. A warranty claim is in any case limited to the purchase price of the delivered and defective goods. Reasons of taste, customary or minor, technically caused deviations in quality, quantity, colour, size, weight, equipment or design as well as age-related changes in taste, colour and packaging do not constitute warranty defects or non-fulfilment of the contract. Weingut Heinrich Schönlaub GbR is not liable for the correspondence of taste, colour, material and pattern or other characteristics of conformity of reordered goods. The same applies to goods ordered according to samples, as long as the deviation is within the usual commercial and technical limits. After tasting, consumption or started processing or treatment of the goods, any warranty is excluded.

12. Damages

The liability of Weingut Heinrich Schönlaub GbR is based exclusively on the agreements made in the above points. Further claims by the Customer, regardless of the legal basis, including claims for damages, are excluded; this applies in particular to claims for compensation for lost profits, other financial losses, especially those due to positive breach of contract, of the Customer or compensation for such damages that did not occur to the goods themselves. The above exemption from liability shall not apply if the cause of the damage is based on intent or gross negligence. The existence of intent or gross negligence must be proven by the injured party. In any case, the claim for damages ends at the end of the warranty period and is limited to the amount of the invoice. The same principles mentioned above apply to the liability of vicarious agents and assistants.

13. Place of jurisdiction, applicable law

For all legal disputes between the parties to the contract, the application of German law is agreed to be applied to the exclusion of referral norms and to the exclusion of UN purchase law. In addition, for all legal disputes arising from the contractual relationship or future contracts between Weingut Heinrich Schönlaub GbR and the customer, the court with local and substantive jurisdiction for the location of Weingut Heinrich Schönlaub GbR shall be the competent court.

14. Data handling

Reference is made to the information sheet for data protection also available on this homepage. https://weingut-schoenlaub.de/en/privacy-policy

15. Events

Weingut Heinrich Schönlaub GbR organises events and functions within the framework of its business operations according to separate announcements. Participation in such an event or event can be made after ordering a ticket. The ticket order is binding and can only be cancelled in accordance with the limited legal provisions. Ticket orders are not subject to the Distance Selling Act, so that the right of withdrawal and return is excluded.

16. Miscellaneous

Should any of these provisions be invalid, the validity of the remaining parts shall not be affected. The invalid or unenforceable provision shall be replaced by a valid or enforceable provision which comes as close as possible to the economic result of the invalid provision. The departure from these General Terms and Conditions, as well as the formal requirements contained therein, require the express written agreement between Weingut Heinrich Schönlaub GbR and the Customer. Written declarations are deemed to have been received when they are sent to the address last provided by the Customer.
Gleiszellen, on October, 8th, 2019