General Terms and Conditions of Business 1. Scope of Application
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor to his self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
These General Terms and Conditions shall also apply to future business relations with entrepreneurs without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this. 2. contractual partner, conclusion of contract
The contract of sale comes about with Genuss-Weinhandlung, owner .
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. By clicking the order button you place a binding order for the goods contained in the shopping basket. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.
When the contract with us is concluded depends on the method of payment you have chosen:
COD (cash on delivery)
We accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within two days.
We accept your order by sending a declaration of acceptance in a separate e-mail within two days, in which we will provide you with our bank details.
When you place your order, you also provide us with your credit card details. Once you are authenticated as a legal cardholder, we will ask your credit card company to initiate the payment transaction and accept your offer.
During the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing your order in the shop, we ask PayPal to initiate the payment transaction and accept your offer.
Cash payment on pickup 3. Contract language, Contract text storage
We accept your order by sending a declaration of acceptance in a separate e-mail within two days.
The languages available for the conclusion of the contract are German and English.
We save the contract text and send you the order data and our terms and conditions by e-mail. You can view the contract text in our customer login. 4. Delivery conditions
In addition to the indicated product prices, shipping costs will be added. You can find out more about the shipping costs in the offers.
In principle, you have the possibility of collection at Genuss-Weinhandlung, Marienthaler Str. 143, 08060 Zwickau, Germany during the following business hours: Monday to Friday from 10:00 to 17:00. 5. Payment
In our shop the following payment methods are basically available:
If you choose to pay in advance, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.
COD (cash on delivery)
You pay the purchase price directly to the deliverer. The costs are plus 6,66 Euro.
When you place your order, you also provide us with your credit card details.
Once you have been identified as a legal cardholder, we will immediately ask your credit card company to initiate the payment transaction. The payment transaction is carried out automatically by the credit card company and your card is debited.
During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.
Cash payment on pickup 6. retention of title
You pay the invoice amount in cash upon collection.
The goods remain our property until full payment has been received. 7. damage in transit
The following also applies to entrepreneurs: We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of a combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect the claims ourselves if you do not meet your payment obligations.
If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or transport insurance.
For entrepreneurs: 8. warranties and guarantees
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarder, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the duty to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you fail to make the notification stipulated there, the goods shall be deemed to have been approved, unless the defect was not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.
Unless expressly agreed otherwise below, statutory liability for defects shall apply. For consumers, the limitation period for warranty claims for used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for warranty claims is one year from the passing of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
Only our own information and the manufacturer's product descriptions, which have been included in the contract, shall be deemed to be an agreement with entrepreneurs regarding the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).
The above restrictions and reduction of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in case of injury to life, body or health
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent
- in case of breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, if agreed
- as far as the scope of the Product Liability Act has been opened.
Information on any applicable additional warranties and their exact conditions can be found with the product and on special information pages in the online shop. 9. Liability
We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents.
- in case of injury to life, body or health,
- in case of intentional or grossly negligent breach of duty,
- for guarantee promises, if agreed, or
- as far as the scope of application of the Product Liability Act has been opened.
In the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely, (cardinal obligations) through slight negligence by us, our legal representatives or vicarious agents, the liability is limited in amount to the damage foreseeable at the conclusion of the contract, the occurrence of which must typically be expected. In all other respects, claims for damages are excluded.
10. Dispute Resolution 11. battery regulation
The European Commission is providing an online dispute resolution (OS) platform, which you can find here https://ec.europa.eu/consumers/odr/.
We are not obliged or prepared to participate in a dispute settlement procedure before a consumer arbitration body.
In connection with the sale of electrical equipment containing batteries or accumulators, or the sale of individual batteries, we are obliged to inform you in accordance with the Battery Ordinance as follows:
Batteries must not be disposed of in the house. You are required by law to dispose of used batteries properly as an end user. After use, you can return batteries free of charge to the point of sale at the point of sale from which you purchased them, at municipal collection points, in shops or by post (sufficiently stamped). Batteries or accumulators containing harmful substances are marked with this or a similar symbol of a crossed-out buoy:
The chemical name of the pollutant ("Cd" stands for cadmium, "Pb" for lead, "Hg" for mercury) is found under the symbol of the tons.
You will also find these instructions in the accompanying documents of the consignment or in the manufacturer's operating instructions.
You can also send the batteries supplied by us to the following address after use:
genuss-weinhandlung.de 12. After-Sales Service
Marienthaler Str. 143
You can reach our customer service Mon-Fri from 10 a.m. to 3 p.m. by telephone: +49 (0)375-211 960 82 or by e-mail: 13. Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
Consumers have a fortnightly right of withdrawal. Right of revocation
You have the right to cancel this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the date on which you or a third party appointed by you who is not the carrier took or has taken possession of the last goods.
In order to exercise your right of revocation, you must inform me
Inh. Carsten Haugk
Marienthaler Str. 143,
of your decision to revoke this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You can use the attached model withdrawal form, but this is not mandatory.
You can also electronically complete and submit the sample cancellation form or any other clear statement on our website https://genuss-weinhandlung.de:
Calling up the cancellation form or for printing: Cancellation form as PDF
If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such revocation.
To comply with the revocation period, it is sufficient that you send the notice of the exercise of the right of revocation before the expiry of the revocation period. Consequences of the revocation
Wenn Sie diesen Vertrag widerrufen, haben wir Ihnen alle Zahlungen, die wir von Ihnen erhalten haben, einschließlich der Lieferkosten (mit Ausnahme der zusätzlichen Kosten, die sich daraus ergeben, dass Sie eine andere Art der Lieferung als die von uns angebotene, günstigste Standardlieferung gewählt haben), unverzüglich und spätestens binnen vierzehn Tagen ab dem Tag zurückzuzahlen, an dem die Mitteilung über Ihren Widerruf dieses Vertrags bei uns eingegangen ist. Für diese Rückzahlung verwenden wir dasselbe Zahlungsmittel, das Sie bei der ursprünglichen Transaktion eingesetzt haben, es sei denn, mit Ihnen wurde ausdrücklich etwas anderes vereinbart; in keinem Fall werden Ihnen wegen dieser Rückzahlung Entgelte berechnet. Wir können die Rückzahlung verweigern, bis wir die Waren wieder zurückerhalten haben oder bis Sie den Nachweis erbracht haben, dass Sie die Waren zurückgesandt haben, je nachdem, welches der frühere Zeitpunkt ist.
You must return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day deadline.
You bear the direct costs of returning the goods. For goods which, due to their nature, cannot be returned normally by post, this amounts to 100 EUR.
They shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for checking the nature, properties and functioning of the goods.
The right of revocation does not apply to the following contracts:
- contracts for the supply of goods which are not prefabricated and for the manufacture of which individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
- contracts for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery.
- contracts for the supply of sound or video recordings or computer software in a sealed package if the seal is removed after delivery.