General Terms and Conditions

General Terms and Conditions for Online Purchases at doktorenhof.de/shop

§ 1 General – Scope of Application of the T&Cs

1.1 All deliveries and services are made/rendered exclusively on the basis of the following General Terms and Conditions (hereinafter referred to as the “T&Cs”) as applicable at the time of the order. Deviating terms and conditions shall not apply unless explicitly agreed upon in writing.

1.2 Contractual partner is Wiedemann GmbH, represented by managing director Georg Wiedemann, Raiffeisenstr. 5, 67482 Venningen, telephone: +49 (0) 6323 5505, fax: +49 (0) 6323 6937, email: essig@doktorenhof.de, Landau district court, commercial register no. 2571, VAT ID: DE 167 131 528 (hereinafter referred to as the “Seller” or “we“).

1.3 Customers according to these T&Cs can be both consumers and entrepreneurs (hereinafter referred to as the “Customer”). Consumers according to these T&Cs are natural persons who enter into a contract that can neither be attributed to their commercial nor to their professional activity. Entrepreneurs according to these T&Cs are natural persons or legal entities or private companies vested with legal capacity exercising their commercial or independent business activity when concluding the contract with the Seller.

§ 2 Conclusion of Contract

2.1 Our offer is binding. By placing your order you accept our offer to conclude a contract. The contract shall be deemed concluded when your order has been submitted. You will receive a contract confirmation by email.

2.2 If you have found the desired product, you can take a closer look at it – with no obligation to purchase it – by clicking the product name or product image. By clicking the [Add to Basket] button, you can add the item to your shopping basket. You can review the added items at any time – with no obligation to purchase them – by clicking the [Basket] button. By clicking the [x] button, you can remove items from the basket or correct them by changing the quantity. If you would like to purchase the items contained in the basket, click the [Proceed to Checkout] button on the “basket” page. If you have a voucher, you may tick the “[ ] I have a voucher“ box. Afterwards, complete the “voucher code” field by entering your voucher code and clicking the [>] button. The value of your voucher will immediately be deducted from the value of your shopping basket.

As you proceed with your order, you have the option to either create a customer account (if it is your first purchase) or order as a guest without registering. If you already have a customer account, you can log in with your access data and proceed with your order.
Later on, you will choose the shipping and payment methods. Finally, an overview of your order data will be displayed under “Review and Order”, where you can review all data and, if necessary, remove the goods from the basket by clicking the [x] button or make changes by clicking the [Change] button.
Input errors can also be corrected by navigating back in the browser or cancelling the order process and starting from the beginning. In order to complete your purchase, you have to accept our General Terms and Conditions and click the [Order with Obligation to Pay] button. In this way, you will submit your order.

§ 3 Storing of the Contractual Text

We will store your order as well as the order data entered. You will receive an email containing our order and contract confirmation including all the data relating to your order. Before submitting your order, you have the possibility to print both your order and our General Terms and Conditions. You can always sign in to your account to keep track of the orders placed by you.

§ 4 Right of Withdrawal for Consumers

The following right of withdrawal shall only apply to consumers who enter into a distance sales contract:

Cancellation Policy

Right of Withdrawal

You are entitled to withdraw from this contract within fourteen days without stating any reasons.

The withdrawal period is fourteen days from the day on which you or a third party, other than the carrier and indicated by you, took possession of the goods.

In order to exercise your right of withdrawal, you have to inform us (Wiedemann GmbH, Weinessiggut Doktorenhof, Raiffeisenstr. 5, 67482 Venningen, telephone: +49 (0) 6323 5505, fax: 06323 6937, email: essig@doktorenhof.de) about your decision to withdraw from this contract by sending us a clear statement (such as a letter sent by post or an email). For this purpose, you can complete the enclosed sample withdrawal form, the use of which is, however, not mandatory.

In order to comply with the withdrawal period, it shall suffice to submit the notification about the exercise of the right of withdrawal before expiry of the withdrawal period.

Consequences of Withdrawal

If you withdraw from this contract, we shall be obliged to repay, immediately and at the latest within fourteen days from the day on which we obtained the notification about your withdrawal from this contract, all payments received by you including the delivery costs (except for the additional costs that arise when you opted for a method of delivery other than the cheapest standard delivery offered by us). Unless explicitly agreed otherwise, this repayment will be made using the same method of payment that you used for the original transaction. In no event will we charge any fees for this repayment. We are entitled to refuse repayment until we have received the goods back or until you have provided evidence that the goods have been returned, whichever is earlier.

You are obliged to return or hand over the goods without delay and in any case at the latest within fourteen days from the day on which you notify us about the withdrawal from this contract. The period shall be deemed as being complied with when the goods are dispatched before expiry of the 14-day deadline. You will bear the direct costs for the return of the goods.

You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature, properties and functioning of the goods.

§ 5 Sample Withdrawal Form

(If you wish to withdraw from the contract, please fill out and return this form.)

To
Wiedemann GmbH
Weinessiggut Doktorenhof
Raiffeisenstr. 5
67482 Venningen
Fax: +49 (0) 6323 6937
Email: essig@doktorenhof.de):

I/We (*) hereby withdraw from the contract concluded by me/us (*) regarding the purchase of

the following goods (*)/the rendering of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only in case of a written notification)

Date
(*) delete as applicable.

§ 6 Prices and Delivery Costs

All prices quoted are subject to VAT at the prevailing rate plus delivery costs. We will deliver via DHL or another provider of our choice.

§ 7 Terms of Delivery and Youth Protection

7.1 We ship worldwide.

7.2 As regards deliveries within Germany, the goods will be dispatched within 3-5 days after delivery of the order confirmation unless stated otherwise in our offer. As for orders that will be sent abroad, it may take 1-2 weeks for the goods to be dispatched. In case of payment against invoice, the goods will be dispatched within 2 days after delivery of the order confirmation unless stated otherwise in our offer.

7.3 Customers under the age of 18 are not allowed to order alcohol from us. Such goods are delivered and handed over exclusively to adults.

§ 8 Terms of Payment

8.1 You have the options to pay in advance, against invoice or via PayPal.
We reserve the right to exclude individual methods of payment.
When you select the advance payment option, we will state our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days.
As regards purchases against invoice, the amount due must be paid at the latest within 14 days upon receipt of the invoice.
If you decide to pay with PayPal, you can pay via your PayPal account or choose between direct debit, credit card or purchase against invoice. Payment will be processed via PayPal Plus (https://www.paypal.com/de/webapps/mpp/paypal-plus), a service of PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (PayPal). Your payment will be processed exclusively by PayPal. In this case, payment with debt-discharging effect is only possible when it is made to PayPal. However, please bear in mind that, even in case of PayPal payments, we will continue to be your contact for general questions (such as those concerning the goods, delivery time, shipment), returns, complaints, notices of withdrawal and their submittal or credit notes.
PayPal's T&Cs shall apply in this case. They can be obtained at: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE

Information about data protection is available at:
https://www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=de_DE

8.2 As regards consumers, we reserve the title to the purchased goods until the invoice amount has been paid in full. If you are an entrepreneur exercising your commercial or independent business activity, a legal entity of public law or a special fund under public law, we reserve the title to the purchased goods until all outstanding debts from the business relationship with the Seller have been settled.

8.3 If you are a consumer and in default of payment, default interest at a rate of 5% above the base rate will be added to the purchase price during the period of default. If you are not acting as a consumer, we will charge interest at a rate of 9% above the base rate. If you are not acting as a consumer, you are moreover obliged to pay a default fee of EUR 40.00. We reserve the right to provide evidence of and assert a higher damage caused by delay.

§ 9 Warranty

9.1 If you are a consumer placing an order for a purpose that cannot be attributed to your commercial or professional activity, warranty shall be provided according to the statutory provisions.

9.2 If you place your order in your capacity as an entrepreneur, the following shall apply:

9.2.1 Provided that this is feasible in the normal course of business, the customer is obliged to check the delivered goods immediately after delivery. If a defect is detected, we have to be notified immediately. In the event that the customer fails to notify us about the defect, the goods shall be deemed accepted, unless the defect has been undetectable during the inspection. If such a defect is discovered later on, we have to be notified immediately after its detection. Otherwise, the goods shall be deemed accepted despite the defect. § 377 HGB (German Commercial Code) shall remain unaffected. The Customer shall not be released from their obligation to inspect the goods, which shall also apply in case of an entrepreneur's recourse pursuant to § 478 BGB (German Civil Code). Failure to immediately notify the defect asserted by their purchaser shall result in the goods being deemed accepted despite the defect.

9.2.2 In the event of a defect, we are entitled to determine the type of supplementary performance considering the type of the defect and the Customer's legitimate interests. Supplementary performance shall be deemed failed after the third unsuccessful attempt. This section shall not apply in case of a recourse pursuant to § 478 BGB.

9.2.3 In the event of supplementary performance due to defects, we shall only be obliged to bear the related costs – which applies in particular to transport, infrastructure, work and material costs – if these do not increase due to the fact that the item has been transported to a place other than the Customer's registered office or commercial presence to which it had been delivered originally. This section shall not apply in case of a recourse pursuant to § 478 BGB.

9.2.4 The Customer's claims for defects including claims for damages shall lapse within one year. This shall not apply in case of a recourse pursuant to § 478 BGB. Furthermore, this shall not apply in the cases stipulated in paragraphs 438 section 1 no. 2 BGB and 634a section 1 no. 2 BGB. Apart from that, this shall not apply to claims for damages resulting from injury to life, body or health or grossly negligent or deliberate breach of duty on our part or on the part of our agents.

§ 10 Liability for Compensation and Reimbursement of Expenses

10.1 If you are a consumer and place your order for a purpose that cannot be attributed to your commercial or professional activity, we shall be liable for compensation pursuant to the statutory provisions.

10.2 If you place your order as an entrepreneur, the following shall apply in case of our contractual liability for compensation according to sections 10.2 to 10.8:

10.2.1 Insofar as the claims are based on deliberate breach of duty on our part or on the part of our representatives or agents, we shall be liable for compensation according to the statutory provisions. If the claims result from grossly negligent breach of duty on our part or on the part of our representatives or agents, our liability shall be limited to the foreseeable damage that typically occurs.

10.2.2 Insofar as we or our representatives or agents have culpably infringed an obligation the fulfilment of which enables the proper execution of the contract in the first place, the infringement of which endangers the achievement of the contractual purpose and the observance of which the customer regularly relies on – and provided that there is no case of liability pursuant to the statutory provisions – our liability shall be limited to the foreseeable damage that typically occurs.

10.2.3 Unless otherwise stipulated in sections 10.2.1 and 10.2.2, our liability for compensation shall be excluded. The same shall also apply if any rights of recourse according to § 478 BGB are asserted against us as a supplier.

10.3 The liability exclusions and limitations according to section 10.2 shall also apply to other claims, especially to tortious claims or claims for reimbursement of fruitless expenditures in lieu of performance.

10.4 The liability exclusions and limitations according to section 10.2 shall not apply to any existing claims pursuant to paragraphs 1 and 4 of the German Product Liability Law (Produkthaftungsgesetz) or those resulting from culpable injury to life, body or health. In the event that we have assumed a guarantee for the quality of our goods, the provision of a service or the risk of procurement, and such guarantee claim has arisen or the risk of procurement materialised, these liability exclusions and limitations shall not apply either.

10.5 Any liability resulting from the assumption of a risk of procurement shall not affect us unless we have assumed the risk of procurement explicitly in writing.

10.6 Insofar as the limitation of liability according to section 10.2 applies to claims resulting from producer liability pursuant to § 823 BGB, our liability shall be limited to the amount of the compensation paid by the insurance. To the extent that such compensation is not or not fully applicable, we shall be obliged to assume liability up to the amount of the sum insured. This section shall not apply in case of injury to life, body or health.

10.7 Provided that our liability is excluded or limited, this shall also apply to the personal liability of our staff, employees, personnel, representatives and agents.

10.8 A reversal of the burden of proof shall not be connected with the aforementioned provisions.

§ 11 Customer Service

Please contact us in case of any questions or complaints. You can reach us from Monday to Friday between 9 am and 4 pm by either calling us on +49 (0) 6323 5505 or sending an email to essig@doktorenhof.de.

§ 12 Legal System, Place of Jurisdiction

12.1 German law shall apply under exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

12.2 In case of customers who enter into the contract for a purpose that cannot be attributed to their professional or commercial activity (consumers), this choice of law shall not affect the mandatory provisions of the law applicable in the country where the Customer has their habitual residence.

12.3 In the event that the Customer is a merchant, a legal entity of public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship shall be our company's registered office in 67482 Venningen.

§ 13 Miscellaneous

13.1 The contractual languages shall be German and English.

13.2 If one or several provisions of these T&Cs are ineffective, this shall not affect the remainder of the contract. Insofar as the provisions are ineffective, the content of the contract shall be governed according to the statutory provisions.