Conditions
General terms and conditions of business
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Gutland, Achaia Clauss and Antonopoulos AG (hereinafter "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") enters into with the Seller with regard to the terms and conditions agreed by the Seller in his goods and/or services presented in the online shop. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The conclusion of the contract requires that only people who have reached the age of 18 can register. The customer must provide the data requested during registration completely and correctly. If the data provided changes after registration, the customer is obliged to correct the information immediately. The personal password chosen by the customer when registering on the Internet must be kept secret and must not be disclosed to third parties. The customer is responsible for all actions carried out under his password on the website.
2.2 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but rather serve to make a binding offer by the customer. If a specific item is not available, the seller will inform the customer of its unavailability before accepting the order.
2.3 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking on the button that completes the ordering process .
2.4 The contract text is saved by the seller and confirmed to the customer by email after sending his order (“confirmation of receipt”). The contract is only concluded when an order confirmation is sent by email. The customer's invoice or payment confirmation will be delivered in a separate email.
2.5 In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by providing the relevant login details, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.6 Only German or English is available for concluding the contract.
2.7 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Revocation
3.1 Cancellation policy
3.1.1 Right of withdrawal
Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or their independent professional activity.
You have the right to cancel this contract within fourteen days without giving any reasons.
For deliveries of goods: 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.
For subscription contracts: You have the right to cancel this contract within fourteen days without giving reasons. 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 first goods.
For services: If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount that corresponds to the proportion that has already been paid up to the point at which you inform us of your exercise of the right of cancellation with regard to this contract services provided compared to the total scope of services provided for in the contract.
In order to exercise your right of withdrawal, you must inform us (Gutland, Achaia Clauss and Antonopoulos AG, Wateler Str. 22, 41239 Moenchengladbach, Tel. +49 02166 391643, achaia-clauss@web.de) by means of a clear statement (e.g. a letter sent by post or email) about your decision to withdraw from this contract. You can also use the sample cancellation form provided, but this is not an obligation.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
3.1.2 Consequences of revocation
If you cancel this contract, we will have to pay you all payments we have received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us). , 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 payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse the refund until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the 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 your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.
You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
3.1.3 Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that could spoil quickly or whose expiry date would quickly be exceeded.
The right of withdrawal expires prematurely for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
3.1.4 General information
Please avoid damage and contamination of the product. If possible, please send the goods back to us in the original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage.
3.2 Cancellation form
If you want to cancel the contract, please fill out this form and send it back to;
Gutland, Achaia Clauss and Antonopoulos AG
Wateler Str. 22
41239 Moenchengladbach
Germany
Email: weinlandgut@web.de
Tel.: (+49) 02166 391643
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the
the following goods (*)/the provision of the following service (*)
_______________________________________________________
_______________________________________________________
Ordered on (*) ____________ / received on (*) __________________
______________________________________________________
Name of the consumer(s)
______________________________________________________
Address of the consumer(s)
______________________________________________________
Signature of the consumer(s) (only for paper notification)
_________________________
Date
(*) Delete what is not applicable
4) Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices and include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for transferring money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may arise in relation to the money transfer even if the delivery does not take place to a country outside the European Union but the customer makes the payment from a country outside the European Union.
4.3 Various payment options are available to the customer, which are specified in the seller's online shop:
4.3.1 For regular orders, payment can be made either by Paypal, credit card or Apple Pay.
Transfer and purchase on account is limited to a billing address in Germany.
4.3.2 Subscription orders can only be paid for by credit card.
4.4 If advance payment has been agreed, payment is due immediately after conclusion of the contract.
4.5 When paying using a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) under the PayPal Terms of Use, which can be viewed at www.paypal.com.
4.7 The customer will be in default at the latest if he does not comply with the payment deadline noted on the invoice or contractually agreed after the invoice is due and received.
4.8 The customer will be charged reminder fees for each reminder issued after the default occurs. If a debit order is not processed or is reversed as a result of an objection, the seller is also entitled to charge a flat rate as well as the bank fees incurred.
5) Delivery and shipping conditions
5.1 Goods are delivered by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 The goods are dispatched promptly and following receipt of the order and subsequent processing, always on Mondays, Wednesdays and Fridays, unless these are public holidays.
5.3 The customer will be charged separately for the costs of packaging and shipping the goods (“shipping costs”). These correspond to the information provided when purchasing in the online shop, unless otherwise agreed.
5.4 For goods that are delivered by a freight forwarder, delivery is made "free curbside", i.e. to the public curbside closest to the delivery address, unless otherwise stated in the shipping information in the seller's online shop and unless otherwise agreed.
5.5 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipping. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller informs him the service had been announced a reasonable time in advance.
5.6 In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this email, the customer can pick up the goods at the seller's headquarters after consultation with the seller. In this case, no shipping costs will be charged.
6) Retention of title
If the seller makes advance payments, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.
8) Redeeming promotional vouchers
8.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.
8.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
8.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible. Only one promotional voucher can be redeemed per order.
8.4 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
8.5 The promotional voucher is not transferable.
9) Applicable Law
9.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
9.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.
10) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law based in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office.
11) Severability clause
If one or more provisions of these General Terms and Conditions are ineffective, this does not mean that the entire General Terms and Conditions are ineffective. The ineffective regulation will be replaced by the relevant legal regulation.
12) Information on online dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/
We are prepared to take part in an out-of-court arbitration procedure before a consumer arbitration board.
The responsible body is the General Consumer Arbitration Board of the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Gutland, Achaia Clauss and Antonopoulos AG (hereinafter "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") enters into with the Seller with regard to the terms and conditions agreed by the Seller in his goods and/or services presented in the online shop. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The conclusion of the contract requires that only people who have reached the age of 18 can register. The customer must provide the data requested during registration completely and correctly. If the data provided changes after registration, the customer is obliged to correct the information immediately. The personal password chosen by the customer when registering on the Internet must be kept secret and must not be disclosed to third parties. The customer is responsible for all actions carried out under his password on the website.
2.2 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but rather serve to make a binding offer by the customer. If a specific item is not available, the seller will inform the customer of its unavailability before accepting the order.
2.3 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking on the button that completes the ordering process .
2.4 The contract text is saved by the seller and confirmed to the customer by email after sending his order (“confirmation of receipt”). The contract is only concluded when an order confirmation is sent by email. The customer's invoice or payment confirmation will be delivered in a separate email.
2.5 In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by providing the relevant login details, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.6 Only German or English is available for concluding the contract.
2.7 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Revocation
3.1 Cancellation policy
3.1.1 Right of withdrawal
Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or their independent professional activity.
You have the right to cancel this contract within fourteen days without giving any reasons.
For deliveries of goods: 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.
For subscription contracts: You have the right to cancel this contract within fourteen days without giving reasons. 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 first goods.
For services: If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount that corresponds to the proportion that has already been paid up to the point at which you inform us of your exercise of the right of cancellation with regard to this contract services provided compared to the total scope of services provided for in the contract.
In order to exercise your right of withdrawal, you must inform us (Gutland, Achaia Clauss and Antonopoulos AG, Wateler Str. 22, 41239 Moenchengladbach, Tel. +49 02166 391643, achaia-clauss@web.de) by means of a clear statement (e.g. a letter sent by post or email) about your decision to withdraw from this contract. You can also use the sample cancellation form provided, but this is not an obligation.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
3.1.2 Consequences of revocation
If you cancel this contract, we will have to pay you all payments we have received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us). , 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 payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse the refund until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the 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 your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.
You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
3.1.3 Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that could spoil quickly or whose expiry date would quickly be exceeded.
The right of withdrawal expires prematurely for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
3.1.4 General information
Please avoid damage and contamination of the product. If possible, please send the goods back to us in the original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage.
3.2 Cancellation form
If you want to cancel the contract, please fill out this form and send it back to;
Gutland, Achaia Clauss and Antonopoulos AG
Wateler Str. 22
41239 Moenchengladbach
Germany
Email: weinlandgut@web.de
Tel.: (+49) 02166 391643
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the
the following goods (*)/the provision of the following service (*)
_______________________________________________________
_______________________________________________________
Ordered on (*) ____________ / received on (*) __________________
______________________________________________________
Name of the consumer(s)
______________________________________________________
Address of the consumer(s)
______________________________________________________
Signature of the consumer(s) (only for paper notification)
_________________________
Date
(*) Delete what is not applicable
4) Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices and include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for transferring money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may arise in relation to the money transfer even if the delivery does not take place to a country outside the European Union but the customer makes the payment from a country outside the European Union.
4.3 Various payment options are available to the customer, which are specified in the seller's online shop:
4.3.1 For regular orders, payment can be made either by Paypal, credit card or Apple Pay.
Transfer and purchase on account is limited to a billing address in Germany.
4.3.2 Subscription orders can only be paid for by credit card.
4.4 If advance payment has been agreed, payment is due immediately after conclusion of the contract.
4.5 When paying using a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) under the PayPal Terms of Use, which can be viewed at www.paypal.com.
4.7 The customer will be in default at the latest if he does not comply with the payment deadline noted on the invoice or contractually agreed after the invoice is due and received.
4.8 The customer will be charged reminder fees for each reminder issued after the default occurs. If a debit order is not processed or is reversed as a result of an objection, the seller is also entitled to charge a flat rate as well as the bank fees incurred.
5) Delivery and shipping conditions
5.1 Goods are delivered by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 The goods are dispatched promptly and following receipt of the order and subsequent processing, always on Mondays, Wednesdays and Fridays, unless these are public holidays.
5.3 The customer will be charged separately for the costs of packaging and shipping the goods (“shipping costs”). These correspond to the information provided when purchasing in the online shop, unless otherwise agreed.
5.4 For goods that are delivered by a freight forwarder, delivery is made "free curbside", i.e. to the public curbside closest to the delivery address, unless otherwise stated in the shipping information in the seller's online shop and unless otherwise agreed.
5.5 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipping. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller informs him the service had been announced a reasonable time in advance.
5.6 In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this email, the customer can pick up the goods at the seller's headquarters after consultation with the seller. In this case, no shipping costs will be charged.
6) Retention of title
If the seller makes advance payments, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.
8) Redeeming promotional vouchers
8.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.
8.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
8.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible. Only one promotional voucher can be redeemed per order.
8.4 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
8.5 The promotional voucher is not transferable.
9) Applicable Law
9.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
9.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.
10) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law based in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office.
11) Severability clause
If one or more provisions of these General Terms and Conditions are ineffective, this does not mean that the entire General Terms and Conditions are ineffective. The ineffective regulation will be replaced by the relevant legal regulation.
12) Information on online dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/
We are prepared to take part in an out-of-court arbitration procedure before a consumer arbitration board.
The responsible body is the General Consumer Arbitration Board of the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de