The following general terms and conditions apply exclusively to the business relationship between Weingut J. Koegler KG and the customer in the version valid at the time of the order. Weingut J. Koegler KG does not recognize deviating conditions of the customer, unless Weingut J. Koegler KG has expressly agreed to their validity in writing.
§2 Conclusion of contract
The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. By clicking on the "Buy" button, you place a binding order for the goods contained in the shopping cart. The receipt of your order will be confirmed together with the acceptance of the order immediately after it has been sent by automated e-mail. With this e-mail, the purchase contract has come about.
§3 Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods. In order to exercise your right of withdrawal, you must send us ( Weingut J. Koegler KG, Kirchgasse 5, 65343 Eltville / Rheingau, telephone: 06123 - 2437) a clear statement (e.g. a letter sent by post, fax or e-mail ) of your decision to withdraw from this contract. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to Weingut J. Koegler KG, Kirchgasse 5, 65343 Eltville / Rheingau immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract . The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
According to Article 246a § 1 paragraph 2 sentence 1 number 2 EGBGB, we are obliged to inform the consumer that he has to bear the direct costs of returning the goods according to § 357 paragraph 6 sentence 1 BGB.
Unless otherwise agreed, delivery is made from the warehouse of Weingut J. Koegler KG to the delivery address specified by the customer. Check the website for product availability information. We would like to point out that all information on the availability, shipping or delivery of a product is only expected information and approximate guide values. They do not represent any binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options for the respective product. If Weingut J. Koegler KG is unable to deliver the ordered goods through no fault of its own because the supplier of Weingut J. Koegler KG does not fulfill its contractual obligations, Weingut J. Koegler KG is entitled to withdraw from the order . In this case, the customer will be informed immediately that the ordered product is not available. The legal rights of the customer remain unaffected.
§4a Wrong delivery
If the delivery is incorrectly assembled or the goods are faulty, the costs of returning the goods will be borne by Weingut J. Koegler KG . In this case, please let us know the order number and the reason for the return.
§5 shipping costs
Shipping is chargeable. The packages can be found in our current catalogs or on our website. The current flat rates in the shop and catalog apply.
§6 Maturity, Payment and Default
The amount can be paid either between the payment options displayed during the purchase process. If the consumer has chosen to pay in advance, he undertakes to pay the purchase price immediately after the conclusion of the contract.
The prices at the time of the order apply. Weingut J. Koegler KG reserves the right to change the prices stated in the catalog or online shop. All prices for goods or services include the sales tax applicable in Germany at the time of the order.
§8 Retention of title
The delivered goods remain the property of Weingut J. Koegler KG until full payment has been made .
§9 Warranty/Guarantee Provisions
The statutory warranty provisions apply. The statutory limitation period for warranty claims is 2 years. If Weingut J. Koegler KG grants special guarantees, this does not affect the statutory warranty claims. Excluded from the warranty/guarantee are damages that can be traced back to natural wear and tear, improper use and insufficient or incorrect care. Statutory warranty rights apply to all goods from our shop.
§10 Liability for Defects
If there is a defect in the purchased item, the statutory provisions apply. The assignment of these claims by the customer is excluded. If the supplementary performance is by way of a replacement delivery, the customer is obliged to return the goods that were initially delivered to Weingut J. Koegler KG within 14 days at Weingut J. Koegler KG 's expense . The defective goods must be returned in accordance with the statutory provisions. Weingut J. Koegler KG reserves the right to claim damages under the statutory conditions. The limitation period is twenty-four months from delivery. Weingut J. Koegler KG has unlimited liability if the damage was caused intentionally or through gross negligence. Furthermore, Weingut J. Koegler KG is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you regularly rely. In this case, however, Weingut J. Koegler KG is only liable for the foreseeable, contract-typical damage. Weingut J. Koegler KG is not liable for the slightly negligent breach of obligations other than those specified in the preceding sentences. The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. Insofar as the liability of Weingut J. Koegler KG is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§11 Item descriptions
The illustrations may differ slightly from the original product due to different hardware and software. In this respect, please note the written description.
§12 Applicable Law
The law of the Federal Republic of Germany. The provisions of the UN Sales Convention (CISG) do not apply. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business in Eltville / Rheingau. The same applies if the customer does not have a general place of jurisdiction in Germany or if their domicile or habitual abode is not known at the time the action is filed.
§13 partial invalidity
Should one of these provisions be ineffective, this shall not affect the effectiveness of the remaining provisions. The parties endeavor to replace ineffective provisions with effective provisions that largely achieve the intended economic purpose.
§14 Transactions with merchants
The aforementioned provisions regarding the right of withdrawal and returns do not apply to transactions with merchants. In these cases, the statutory provisions for merchants apply. If the buyer is a merchant, the place of jurisdiction for both contractual partners is the city of Taunusstein. It is only the law of the Federal Republic of Germany.
§15 Severability Clause
If individual provisions of these general terms and conditions are not legally effective in whole or in part or later lose their legal effectiveness, this will not otherwise affect the validity of the general terms and conditions. The statutory provisions shall take the place of the ineffective provision. The same applies if the general terms and conditions contain an unforeseen gap.