GENERAL TERMS AND CONDITIONS
§ 1 GENERAL AND SCOPE OF APPLICATION
(1) The following general terms and conditions (hereinafter referred to as "GTC") apply between Via Eberle: Vinotheque & Guest Rooms, Schlachthofstr. 17, 67269 Grünstadt, hereinafter referred to as "Via Eberle" and/or also "we") and every customer of Via Eberle (hereinafter referred to as "customer" and/or "orderer" or in the salutation also referred to as "you") for orders via the online mail order under the Internet addresses www.via-eberle.com & www.lucas-weinkeller.de (hereinafter also referred to as “online mail order” and/or “online shops”). These GTC apply to customers who are consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
(2) For customers who are not consumers, our deviating general terms and conditions for dealers apply, which can be made known on request.
(3) Our general terms and conditions apply exclusively to orders.
(4) Via Eberle reserves the right to adapt and change the GTC at any time with effect for the future. Via Eberle will point out changes to the General Terms and Conditions at a suitable place in the online mail order business. The customer accepts the terms and conditions in the currently valid version by ticking the check box "I agree to the general terms and conditions".
§ 2 NECESSARY PERSONAL AND TECHNICAL REQUIREMENTS OF THE USER
§ 3 OFFER AND CONCLUSION OF CONTRACT
(1) The presentation of the articles in the online shops www.via-eberle.com , www.lucas-weinkeller.de does not yet represent a legally binding offer to the customer. Order with obligation to pay" in the online mail order business, the customer submits an offer to purchase the selected goods, which requires acceptance by Via Eberle.
(2) Receipt of the order will be immediately confirmed to the customer electronically. This order confirmation does not yet represent acceptance of the offer. The order confirmation is for informational purposes only and shows the customer that we have received the customer's offer.
(3) We deliver the ordered goods after advance payment of the invoice amount for the order.
The image of the goods in online shipping may differ from the appearance of the goods delivered and does not represent a guarantee of quality or an agreement on quality.
(4) Orders can only be accepted from customers who have reached the age of 18.
(5) We must and reserve the right to only deliver goods ordered by customers via our online mail order business in amounts customary for households. If there are delivery restrictions, we will inform you about this before you place your order.
§ 4 CANCELLATION INSTRUCTIONS FOR CONSUMERS
In accordance with the applicable legal provisions on distance contracts, you have the following right of withdrawal:
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 inform us (Via Eberle, Schlachthofstr. 17, 67269 Grünstadt) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the following model cancellation form, which is not mandatory:
To [here the name, address and, if applicable, the fax number and e-mail address of the entrepreneur to be inserted by the entrepreneur]:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if notification is on paper)
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 to repay all payments that we have received from you, including delivery costs, immediately and at the latest within fourteen days from the day on which we received notification of your revocation 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 us 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.
§ 5 PRICES, SHIPPING COSTS
(1) Our catalog prices are total prices in EURO and include the currently applicable sales tax for deliveries to the Federal Republic of Germany.
(2) Unless otherwise stated in the order confirmation, all prices quoted by us are per bottle including glass and equipment.
(3) For each order we charge shipping and packaging costs of €6.90 up to and including a goods value of €74.99. From €75.00 we ship free of charge.
(4) The place of performance and performance is our registered office in 67269 Grünstadt. When the ordered goods are handed over to the carrier, the risk of loss or damage to the ordered goods passes to the customer.
Shipping costs at Lucas Weinkeller :
Shipping costs (change 03/15/2021)
Now you have the option to choose between UPS and DHL as the shipping service provider. We hope you enjoy our wines!
Shipping service provider UPS:
From an order value of €80.00 we ship free of charge throughout Germany. Below that we charge €7.90 per order.
Shipping service provider DHL:
If you want shipping via DHL, we charge €9.90
On request we also ship via DHL-EXPRESS!
§ 6 METHODS OF PAYMENT
You can pay by credit card, PayPal and bank transfer in advance.
§ 7 DELIVERY
The delivery time takes a maximum of 7 days. In the event of delays, we will contact you without being asked. When ordering alcoholic beverages, the goods are only handed over to recipients who meet the requirements of the Youth Protection Act.
Delivery at Lucas Weinkeller:
Shipping is usually 2-3 business days. In special cases (e.g. during the harvest or extremely high demand), the delivery time can be 1 day longer.
§ 8 WARRANTY FOR DEFECTS
(1) In the event of a defect, the statutory provisions apply.
(2) Without limiting the statutory warranty rights, we would like to point out that the wines and sparkling wines are carefully developed and treated with care. Wine crystals are natural precipitates and are evidence of the maturity of the wine and sparkling wine. This does not affect the taste and quality of the wine. The illustrations of the goods on the website of the online mail order company are not a statement of quality.
§ 9 LIABILITY
(1) Via Eberle is liable
a) in the event of intent and gross negligence, including that of our representatives and vicarious agents;
b) in the case of simple negligence only if an essential contractual obligation has been violated, limited to the typically foreseeable damage; liability for indirect and unforeseeable damage and claims by third parties are excluded in the case of simple negligence;
c) from guarantee in full.
(2) Otherwise, Via Eberle is not liable.
(3) The limitations of liability expressly do not apply to injuries to life, body and health and to liability due to intent, guarantee, fraudulent intent or under the Product Liability Act.
§ 10 RESERVATION OF TITLE
The goods remain our property until they have been paid for in full.
§ 1 FINAL PROVISIONS
(1) If the customer is a merchant, the place of jurisdiction is the registered office of Via Eberle.
(2) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention.
(3) If individual provisions of these General Terms and Conditions should be ineffective, this does not affect the remaining provisions of the General Terms and Conditions.
(4) The place of performance is the registered office of Via Eberle.
GTC OF LIFE PRIME IT
THE PROVIDER OF THE
1. JURISDICTIONAL COURTS
For any dispute related to the interpretation or execution of this contract, the court of the consumer's domicile has jurisdiction.
The stated price of the goods refers to cash on delivery or prepayment and is non-binding with the exception of fluctuations in value added tax.
3. EXPRESS TERMINATION CLAUSE
In the event of non-payment by the buyer within the terms of the contract, Life Prime IT may automatically consider the contract terminated.
4. TERMS OF SHIPPING OF THE GOODS
The goods travel insured. If the buyer finds any tampering or damage to the packaging, he must immediately notify the carrier at the time of collection. The buyer must report any packaging defects that are not apparent upon delivery to the company immediately after they become known, but no later than within 8 working days of receipt of the goods.
5. WARRANTIES FOR DEFECTS
The company guarantees the goods sold against any lack of conformity for a period of 2 months from delivery, provided that the consumer has used the product in a reasonable manner. Defects that appear within the sixth month after delivery of the goods are presumed to have existed. The consumer is responsible for proving that the defects that appear six months after delivery are dependent on the manufacturer. In the event of a lack of conformity, the consumer may, at his option, require the company to repair or replace the defective good, unless the remedy requested is impossible or excessively onerous in comparison to the other. The repair or replacement of the goods will be made within the period indicated by the company, which in any case must be reasonable. Direct action to assert non-conformity is required within twenty-four months of purchase. If the buyer is a professional, the rules set out in Articles 1490 §§ of the Civil Code apply.
6. WITHDRAWAL CLAUSE
In accordance with Legislative Decree 206/2005 and subsequent amendments/supplements, the consumer has the right to withdraw from the contract. To exercise this right, you can send an express statement (e.g. registered mail or certified email communication) to LIFE PRIME SRL - VIA TUFETTE SNC - 04013 SERMONETA (LT) or firstname.lastname@example.org.
In order to exercise the right of withdrawal, the consumer must send the notification referred to in the introduction no later than 14 days.
The consumer must return the goods undamaged to LIFE PRIME SRL - VIA TUFETTE SNC - 04013 SERMONETA (LT) without undue delay and in any case no later than fourteen days from the day on which he informed him of his decision to withdraw from this contract. The return costs are at the expense of the consumer.
7. CONSENT TO PROCESSING OF PERSONAL DATA
The buyer declares to have received the information pursuant to and for the purposes of articles 13 and 23 of Legislative Decree. n. 196/2003, in particular:
- the identity of the data controller;
- the identity of the data protection officer;
- the scope and methods by which the processing takes place;
- the purposes of processing for which personal data are intended;
- the right to withdraw consent
and to give CONSENT to the processing of personal data indicated in the manner and for the purposes indicated in the information itself.
LIFE PRIME s.r.l.