General terms and conditions for wine orders at Weingut Stallmann-Hiestand GbR
§ 1 General provisions, scope of the terms and conditions
1.1 All of our goods and services are provided exclusively under the version of the following terms and conditions valid at the time an order is placed. Unless expressly approved in writing, no other terms and conditions apply.
1.2 Under these terms and conditions, customers are consumers as well as enterprises. Under these terms and conditions, consumers are natural persons who conclude a contract for a purpose unrelated to their trade or profession. Under these terms and conditions, enterprises are natural or legal persons or partnerships with legal capacity who conclude a contract with us as part of their business operations.
§ 2 Contract conclusion
2.1 You can place orders with us by phone or fax or online order form. Your order constitutes a binding offer to conclude a contract with you. We can accept this order by sending you a confirmation of order within 48 hours. The contract takes effect as soon as we send the confirmation of order.
2.2 The following applies to online orders: enter the quantity desired for each article as well as your personal data on the order form. You can make corrections by deleting and/or altering your entries or by terminating the order process and starting again, whereby the entire order form will be reset to its original format. Once you have accepted our general terms and conditions, you can send us your order. After we have checked your order, you will receive a confirmation of order, through which the contract with us takes effect.
2.3 By placing an order, a contract has been concluded with:
Weingut Stallmann-Hiestand GbR
Werner and Christoph Hiestand
Tel. +49 (0)6249/8463 or 80233
Fax +49 (0)6249/8614
VAT ID No. DE 254 894 691
Tax No. 28/234/2621/4 Mainz-Süd tax office
Regulatory authority: Ministry of the Environment, Agriculture, Food, Viticulture, and Forestry, Kaiser-Friedrich-Str. 1, 55116 Mainz
We belong to the Chamber of Agriculture of the state of Rheinland-Pfalz, Burgenlandstr. 7, 55543 Bad Kreuznach
Legal basis of our profession: Weingesetz (wine law)
§ 3 Electronic storage of the contract text
We store your order and the data you provide. We send you a confirmation of order with all the data you provide via e-mail.
§ 4 Revocation instructions
Right of revocation
You can revoke this contract in writing (e.g., letter, fax, e-mail) within two weeks without reason or, if the merchandise has been sent to you before the revocation period has expired, by returning the merchandise. The revocation period begins with receipt of these instructions in the form of a text, but not before the goods have reached the recipient (in case of repeated deliveries of similar goods, not prior to the receipt of the first partial delivery), and in any case not before we have fulfilled our obligations to inform pursuant to article 246 § 2 in connection with § 1 paragraphs 1 and 2 of the Introductory Statue to the Civil Code (EGBGB) as well as our obligations pursuant to § 312g paragraph 1 sentence 1 of the Civil Code (BGB) in connection with article 246 § 3 of the Introductory Statue to the Civil Code (EGBGB). Your right is ensured if your written revocation and/or the return of the merchandise takes place within the revocation period. Revocation or merchandise return is to be addressed to:
Weingut Stallmann-Hiestand GbR
Werner and Christoph Hiestand
Fax +49 (0)6249/8614
Consequences of revocation
In the case of an effective revocation, the mutually received benefits are to be returned and where necessary, derived benefits (e.g., interest earned) compensated.
You are required to offer compensation of equal value if you are unable to totally or partially return the merchandise received, as well as derived benefits (e.g., benefits of use), or if you can only return the merchandise in a deteriorated condition.
This is applicable only if the goods have been used or deteriorated to an extent that goes beyond merely checking their quality and condition in such a way as would have been possible and usual in a shop, for example. Mailable goods are to be returned at our risk. You are responsible for the normal costs of returning the merchandise if the goods were delivered as ordered and their value does not exceed 40 euros, or in the case of merchandise worth more, if, at the time of revocation, you have not yet paid the invoice in full or a contractually stipulated partial payment. Otherwise, you will not be responsible for the cost of returning the merchandise. Goods that cannot be mailed will be picked up at your address. Your obligation to refund payments must be met within 30 days of sending the notice of revocation or returning the merchandise; our obligation begins when we receive the returned merchandise.
End of revocation instructions
§ 5 Agreement on covering costs in the case of revocation
Should you exercise your right of revocation according to § 4, you are responsible for the normal costs of returning the merchandise if the goods were delivered as ordered and their value does not exceed 40 euros, or in the case of merchandise worth more, if, at the time of revocation, you have not yet paid the invoice in full or a contractually stipulated partial payment. Otherwise, you will not be responsible for the cost of returning the merchandise.
§ 6 Prices and shipping costs
6.1 All prices include value added tax, but do not include shipping costs. We deliver via DHL or with another provider of our choice.
6.2 Shipping costs
Free delivery within Germany on orders worth 400 € or more.
Otherwise, shipping costs are as follows (Germany):
1-3 bottles 5.00 €
4-6 bottles 6.00 €
7-12 bottles 7.00 €
13-18 bottles 9.00 €
We ship outside of Germany upon request.
§ 7 Terms of delivery
Unless otherwise stated in the offer, the goods are shipped within two working days after receipt of payment. For delivery on account, the goods are shipped within two working days after sending the confirmation of order.
§ 8 Terms of payment
8.1 Payment of orders by new customers (in Germany or the EU) can be made via cash on delivery, PayPal or direct debit. Registered customers can also be billed per invoice. Payment is due without deductions within 14 days upon receipt of the invoice. The goods remain the property of Weingut Stallmann-Hiestand GbR until they have been paid in full.
Place of performance for delivery and payment is Uelversheim. Place of jurisdiction is Mainz. German law applies.
8.2 Default or delay in payment: if you are a consumer, the purchase price is subject to interest equal to 5% above the base rate for the duration of the delay; if you are an enterprise, the purchase price is subject to interest equal to 8% above the base rate for the duration of the delay. If damage by default is higher, we reserve the right to demonstrate this and make a claim.
§ 9 Guarantee and liability
Our guarantee and liablity are based on the provisions of the law.
Please note: the precipitation of tartaric crystals is a completely natural process and does not justify a complaint.
§ 10 Retention of title
The goods remain the property of Weingut Stallmann-Hiestand GbR until they have been paid in full.
§ 11 Customer service
If you have any questions, complaints or claims, you can reach us from Monday through Friday from 8 a.m. to 6 p.m. by phone (+49 (0)6249/8463) or by e-mail (email@example.com). You can also use our contact form.
§ 12 Applicable law, jurisdiction
12.1 German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods, CISG.
12.2 If the customer is a merchant, a public law entity or a special fund under public law,
Weingut Stallmann-Hiestand headquarters, Uelversheim, is the place of jurisdiction for all disputes pertaining to the contractual relationship.
§ 13 Miscellaneous
13.1 The contract language is German.
13.2 Should one or more provisions in these terms and conditions be invalid, this has no effect on the validity of the remaining provisions. To the extent that provisions are invalid, the contents of the contract are governed by the provisions of the law.
Your data is stored without your approval and used only to process your order. Your data will only be provided to our service partners (post office, DHL or other carrier), but not disclosed to third parties.