Terms of Service

I. General part

1. Preamble

1.1. The following terms and conditions regulate the contractual relationships between us, the commercial operators

Scheid GbR winery. Inh. Matthias and Julian Scheid, represented by Julian Scheid, Im Stephansberg 1, 56856 Zell-Merl

and customers.

Contact:

Tel: +49 6542 1202
Fax: +49 6542
Email: info@weingut-richard-scheid.de

1.2. The contract language is German.

2. Definitions

2.1. A businessman is either someone who runs a trade or someone who has his company's company entered in the commercial register.

2.2. Any commercial enterprise is a trade, unless the type or scope of the enterprise does not require a commercially set-up business.

2.3. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2.4. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.

2.5. A guest is a natural person who is accommodated for a limited time for a fee. Booking guest is a guest who carries out the booking process and receives the booking confirmation.

2.6. An innkeeper is a natural or legal person who commercially accepts strangers for accommodation.

2.7. A guest accommodation contract is a contract for the provision of accommodation for a fee.

2.8. Distance selling contract within the meaning of these terms and conditions is a contract for the delivery of goods or the provision of services that is concluded between an entrepreneur and a consumer using only means of distance communication, unless the contract is not concluded within the framework of a sales organization organized for distance selling - or service system.

2.9. Distance communication means are means of communication that can be used to initiate or conclude a contract without the simultaneous physical presence of the contracting parties, in particular letters, catalogs, telephone calls, faxes, e-mails as well as radio, tele and media services.

2.10. The text of the contract in the sense of these terms and conditions is the product description resulting from our internet presentation and the content of the online order. The order confirmation sent by us on the Internet portal is not itself a contract text, but only confirms receipt of the order.

2.11. The text form is a legible declaration in which the person making the declaration is named and which has been submitted on a durable data carrier.

2.12. A permanent data carrier is any medium that enables the recipient to keep or save a declaration on the data carrier addressed to him personally in such a way that it is accessible to him for a period of time appropriate for its purpose, and is suitable to keep the declaration unchanged to reproduce.

2.13. Business premises are immovable commercial premises in which the entrepreneur carries out his activity on a permanent basis, and movable commercial premises in which the entrepreneur usually carries out his activity. Commercial premises in which the person who acts in the name or on behalf of the entrepreneur carries out their activity permanently or usually, are equivalent to premises of the entrepreneur.

3. Contracting parties / contractual penalty in the event of the pretense of customer suitability

3.1. Legal entities, partnerships and natural persons with unlimited legal capacity are accepted as customers.

3.2. Insofar as minors are also accepted as contractual partners, they are excluded as contractual partners in the case of contracts for spirits, beverages containing spirits or foodstuffs that contain not just a small amount of spirits. Contracts for other alcoholic beverages are in any case not concluded with children or young people under 16 years of age. We reserve the right to check the age of the contractual partner by means of suitable evidence and verification procedures. We therefore reserve the right to request a copy of the identity card.

3.3. The customer is obliged to provide truthful information when placing an order and not to disclose passwords to third parties.

3.4. In the case of a pretense of customer suitability, no contract is concluded. Instead, the parties agree to a contractual penalty amounting to 5% of the contract price that the non-approved customer would have had to pay. It is left up to him to provide evidence that the damage did not occur at all or that it is significantly lower than the lump sum.

4. Validity of these terms and conditions

4.1. These terms and conditions apply exclusively to all contracts, deliveries and other services.

4.2. We do not recognize contrary or deviating conditions.

4.3. If the customer is a merchant, they also apply to all future business relationships, even if they are not expressly agreed again.

4.4. We are entitled to change or add to these terms and conditions at any time. Customers have the right to object to such a change. If the objection is not made in text form within four weeks of receipt of the notification of change, it will take effect according to the change. Customers are informed in writing at the beginning of the period that the notification of change is deemed to be accepted if not contradicted within four weeks.

5. Subject to change

5.1. We reserve the right to change or deviate from the promised services if the change or deviation is reasonable for the customer, taking our interests into account.

5.2. The change or deviation is reasonable if the customer is not in a worse or better position or if the service is not significantly deviated from. This can be the case if the ordered year is no longer available and the subsequent year does not differ significantly in terms of quality and price.

6. Cancellation policy

6.1. Right of withdrawal

In the case of a distance contract or contracts concluded outside of business premises, consumers have the right to withdraw from this contract within fourteen days without giving a reason. The cancellation period is fourteen days from the day on which the consumer or a third party named by them who is not the carrier, in the case of a sales contract, the goods, in the case of a contract for several goods that the consumer has ordered as part of a single order and which are delivered separately, the last goods, in the case of a contract for the delivery of goods in several partial shipments or pieces, have taken possession of the last partial shipment or the last piece.

In order to exercise their right of withdrawal, consumers must contact us

Scheid GbR winery. represented by Julian Scheid, Im Stephansberg 1, 56856 Zell Merl, phone: +49 6542 1202, email: info@weingut-richard-scheid.de

by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.

To meet the withdrawal deadline, it is sufficient for consumers to send their notification of exercising their right of withdrawal before the withdrawal period has expired.

6.2. Consequences of the withdrawal

If consumers withdraw from this contract, we have given them all payments that we have received from them, including delivery costs (with the exception of the additional costs resulting from the fact that consumers have chosen a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that consumers used in the original transaction, unless something else was expressly agreed with them; In no case will consumers be charged fees for this repayment.

We can refuse repayment until we have received the goods back or until consumers have provided evidence that they have sent the goods back.

Consumers must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which they informed us of the cancellation of this contract. The deadline is met if consumers send the goods before the period of fourteen days has expired.

Consumers bear the direct costs of returning the goods. The costs for goods that cannot be sent as parcels are estimated at a maximum of around EUR 150.00.

Consumers only have to pay for any loss in value of the goods if this loss in value is due to handling of them that is not necessary to check the nature, properties and functionality of the goods.

7. Conclusion of the contract / storage of the contract text and the terms and conditions

7.1. in our internet shop

7.1.1. The application of the products in the internet shop represents a non-binding and non-binding invitation to submit an offer by our customers.

7.1.2. The customers submit an offer by going through our order process and at the end of the process clicking on the link “Order with obligation to pay”.

7.1.3. We can accept the customer's offer within 5 days of our choice either by confirming the order or by delivering the goods.

7.1.4. The text of the contract and these terms and conditions are saved and sent to consumers by email.

7.2. We currently do not sell any goods on other trading platforms.

7.3 Cancellation for holiday apartments

Cancellation of your reservation is free of charge if it is made up to 1 month before arrival.

If the cancellation is made up to the 20th day before arrival, 30% of the accommodation price will be due.

8. Liability

8.1. We exclude our liability for slightly negligent breaches of duty, unless damage resulting from injury to life, limb or health or claims under the Product Liability Act are affected or guarantees are affected. This does not affect the liability for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the customer can regularly rely (essential contractual obligations).

8.2. In the case of negligently caused property and financial damage, we are only liable in the event of a breach of an essential contractual obligation, but the amount is limited to the damage that is foreseeable and typical for the contract at the time the contract was concluded.

8.3. The same applies to breaches of duty by our vicarious agents.

9. Prohibition of offsetting

The entrepreneur is not entitled to offset his own claims against our payment claims, unless the claims are based on the same contractual relationship, or they are undisputed or have been legally established.

10. Right of retention

The entrepreneur is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.

11. Severability clause (partial invalidity)

Should one of the provisions be invalid, the validity of the remaining provisions remains unaffected.

12. Out-of-court arbitration

12.1. In the event of disputes arising from online sales contracts or online service contracts, an OS platform provided by the European Union can be used to resolve these disputes: The platform can be reached here:http://ec.europa.eu/consumers/odr/
Our email address is: info@weingut-richard-scheid.de

12.2. We are not obliged to take part in other out-of-court arbitration options before a consumer arbitration board, and we do not participate in them.

13. Applicable law, place of jurisdiction and ancillary agreements

13.1. The contract, including these terms and conditions, is subject to the substantive law of the Federal Republic of Germany. The provisions of the Vienna UN Convention of April 11, 1980 on Contracts for the International Sale of Goods (CISG, UN Sales Law) do not apply. This choice of law does not apply if the consumer is deprived of mandatory provisions of the law of the country in which he has his habitual residence.

13.2. In the event of legal disputes, our registered office is the place of jurisdiction, if

13.2.1. the customer is a merchant or

13.2.2. the customer does not have a general place of jurisdiction in the territory of the Federal Republic of Germany or

13.2.3. the customer is a legal entity under public law.

13.3. We are also entitled to take legal action at any other legally stipulated place of jurisdiction.

13.4. Subsidiary agreements have not been reached.

II. Special part: sales contracts

1. Terms of delivery / shipping costs

1.1. We only deliver within Germany, excluding the islands.

1.2. Delivery dates that the customer specifies in his order require our confirmation in order to be valid.

1.3. In the case of prepayment, the deadline for delivery begins on the day after receipt of the payment order to the transferring bank or, in the case of other payment methods, on the day after the conclusion of the contract and ends with the expiry of the last day of the deadline. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day will take the place of such a day.

1.4. Delivery takes place no later than 7 days after the start of the delivery period.

1.5. Packaging and shipping costs are invoiced and shown separately. The exact costs arising from the product description.

2. Obligation to notify

2.1. If the purchase is a commercial transaction for both contracting parties, the buyer must examine the goods immediately after delivery by the seller, insofar as this is feasible in the ordinary course of business and, if a defect becomes apparent, notify the seller immediately.

2.2. If the buyer fails to notify us, the goods are deemed to have been approved, unless there is a defect that could not be identified during the examination.

2.3. If such a defect appears later, the report must be made immediately after it is discovered; otherwise the goods are deemed to have been approved even with regard to this defect.

2.4. If we have fraudulently concealed the defect, we cannot invoke these regulations.

3. Liability for defects / limitation period

3.1. In principle, there is a statutory right to liability for defects, unless otherwise specified.

3.2. Insofar as the delivered item does not have the quality agreed between the customer and us, or if it is not suitable for the use assumed in our contract, or if it is not suitable for normal use and has a quality that is customary for objects of the same type and which the customer can expect according to the nature of the thing, or it does not have the properties that he could expect according to our public statements, we are obliged to supplementary performance.

3.3. The supplementary performance takes place towards entrepreneurs at our choice by eliminating the defect (repair) or delivery of new goods, towards consumers at their choice.

3.4. Without prejudice to Section 275 Paragraphs 2 and 3 BGB, we can refuse supplementary performance if it is only possible at disproportionate costs.

3.5. Customers can only assert claims for damages due to a defect if the supplementary performance has failed. Your right to assert further claims for damages in accordance with the section “Liability” remains unaffected

3.6. For consumers, the limitation period for new goods is two years from delivery to the customer, and for used goods one year from delivery. This does not apply to claims for damages and reimbursement of expenses due to defects in accordance with the section “Liability”.

3.7. For entrepreneurs, the limitation period for new goods is one year from the transfer of risk; liability for defects is excluded for used goods. This does not apply to claims for damages and reimbursement of expenses due to defects in accordance with the section “Liability”. The limitation period also remains unaffected in the event of a delivery recourse according to §§ 478, 479 BGB; it is five years from delivery of the defective item.

3.8. Please note: The crystallization of tartar is a completely natural phenomenon.

4. Payment terms

4.1. Unless otherwise agreed, we deliver against prepayment.

4.2. Unless otherwise agreed, our invoices are payable at the latest 14 days after receipt of goods without any deductions.

5. Retention of title

5.1. The subject of the contract remains our property until full payment has been made.

5.2. In the case of merchants, the goods remain our property until all claims from the business relationship have been paid in full. We undertake to release the securities to which we are entitled at the customer's request insofar as the realized value of our securities exceeds the claims to be secured by more than 20%; the selection of the securities to be released is incumbent on us.

5.3. Customers are entitled to resell goods subject to retention of title. The customer hereby assigns all claims from the resale with regard to the delivered goods subject to retention of title in the amount of the final invoice amount (including sales tax) of our claims including all ancillary rights with priority over his other claims that accrue to him from the resale to the customer or third parties. This applies regardless of whether the goods delivered have been resold without or after processing or mixing or blending. We accept the assignments.

After the assignment, the customer is entitled to collect the claim regardless of our own authorization.

However, we undertake not to collect the claim ourselves, provided the customer duly meets his payment obligations and is not in default of payment and, in particular, no application has been made to open insolvency or composition proceedings against his assets.

If this is the case, however, we can demand that the customer notify us of the assigned claims and their debtors as well as hand over all documents required for collection and notify the debtors or third parties of the assignment.

5.4. The processing of the reserved goods or the goods in our security property by the customer is always carried out in our name and on our behalf, without us incurring any liabilities.

If processing takes place with items that do not belong to the customer, we acquire co-ownership of the new item in the ratio of the value of the goods delivered by us (invoice - final amount plus sales tax) to the other processed items at the time of processing. The same applies to the item created through processing as to the purchased item delivered with reservation. This also applies if the customer acquires sole ownership through activities in accordance with sentence 2. The preservation for us is free of charge.

If the purchased item is inseparably mixed with other movable items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the goods delivered to us (invoice - final amount plus sales tax) to the other mixed items at the time of mixing. If the mixing takes place in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer shall transfer co-ownership to us on a pro rata basis. The customer shall keep the sole or joint ownership for us free of charge.