Terms of Service

for purchases in the Weingut Pfeffingen online shop at www.pfeffingen.de.

§ 1 General, scope of the General Terms and Conditions

1.1 All deliveries and services are carried out exclusively on the basis of the following general terms and conditions (hereinafter "GTC") in the version valid at the time of the order.

1.2 The contractual partner is Fuhrmann-Eymael GbR, Pfeffingen 2, D-67098 Bad Dürkheim, authorized partners: Doris and Jan Eymael, Phone +40 (0) 6322-8607, Email: info@pfeffingen.de, VAT ID . DE 149 404 182 (hereinafter "Seller").

1.3 Customers within the meaning of these terms and conditions can be both consumers and entrepreneurs (hereinafter “customer”). Consumers within the meaning of the terms and conditions are natural persons who conclude contracts for a purpose that cannot be attributed to their commercial or professional activity. Entrepreneurs within the meaning of the terms and conditions are natural or legal persons or partnerships with legal capacity who, when concluding the contract with the seller, act in the exercise of their commercial or independent professional activity.

§ 2 Conclusion of the contract, conclusion of the contract

2.1 Our offer is binding. With your order you accept our offer to conclude a contract. The contract is concluded when your order is sent to us. You will receive an order confirmation by email.

2.2 When you have found the product you are looking for, you can take a closer look at it without obligation by clicking on the product name or the product image. By clicking on the button [Into the shopping cart] you can place the article in the shopping cart. You can view the contents of the shopping cart without obligation at any time by clicking on the [View shopping cart] button. You can remove or change the products from the shopping cart by clicking on the graphics [Change] and [Delete]. If you want to buy the products in the shopping cart, click on the [Checkout] button on the "Shopping Cart" page.

In the course of the further ordering process, select the shipping and payment method. In the last step you will receive an overview of your order data under "Check & complete order" and you can check all details and delete or change them under [Edit order]. You can also correct input errors by navigating backwards in the browser or canceling the ordering process and starting from the beginning. To complete the purchase, you must click the [Buy Now] button. This sends the order to us.

§ 3 Storage of the text of the contract

We save your order, the order data entered and the entire text of the contract. We will send you an order receipt and order confirmation by e-mail with all order data and the entire text of the contract. You also have the option of printing out both the order and the General Terms and Conditions before sending the order to us.

§ 4 Right of withdrawal for consumers

The following right of withdrawal only applies to consumers in distance selling:

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 goods.

In order to exercise your right of withdrawal, you must send us (Fuhrmann-Eymael GbR, Pfeffingen 2, D-67098 Bad Dürkheim, Phone +40 (0) 6322-8607, Fax: +49 (0) 6322 / 8603, Email address: info@pfeffingen.de) by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.

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 paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation 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 Sample revocation form

(If you want to revoke the contract, please fill out this form and send it back.)

Fuhrmann-Eymael GbR,

Pfeffingen 2,

D-67098 Bad Dürkheim,

Fax: +49 (0) 6322 / 8603,

E-mail address: info@pfeffingen.de

I/we (*) hereby revoke the contract concluded by me/us (*) regarding 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)

date

(*) Delete where not applicable.

§ 6 prices and shipping costs

6.1 All prices include the statutory VAT plus shipping costs.

6.2 We deliver with a parcel service or a forwarding agent. In addition, you can pick it up at the winery.

In the case of delivery by parcel service, the shipping costs per shipping unit are:

- Up to 12 bottles: 5.5 Euro
- Up to 24 bottles: 11.00 Euro
- Up to 36 bottles: 16.50 Euro

From an order of 60 bottles we deliver by forwarding agency. The shipping costs by forwarding are 0.65 Euro per bottle.

From an order value of 300 Euro we deliver free of shipping costs or freight.

§ 7 Terms of Delivery

7.1 We only deliver within Germany.

7.2 Unless otherwise stated in the offer, the goods will be delivered within 7 working days after delivery of the order confirmation.

7.3 When selling goods that fall under the provisions of the Youth Protection Act, a contract is only concluded if the customer is of the required age for the purchase.

According to the Youth Protection Act, beer, wine, wine-like beverages, sparkling wine or mixtures of beer, wine, wine-like beverages or sparkling wine with non-alcoholic beverages may not be sold to children and young people under the age of 16.

The sale of other alcoholic beverages is only permitted to persons of legal age.

The goods are delivered and handed over exclusively to the customer himself or to a person authorized by him who is of the required age.

§ 8 Terms of Payment

8.1 Payment can be made either via PayPal or via Stripe (credit or debit card, instant payment).

We reserve the right to exclude individual payment methods.

8.1.1 When paying via PayPal, you will be forwarded to the PayPal website directly from the ordering process. A payment via PayPal can only be made if you are registered with PayPal or make a registration. You will then be forwarded directly to the payment page and confirm the payment instruction to us. After placing the order, PayPal will be asked to initiate the payment transaction and will carry it out automatically.

8.1.2 When paying by debit/credit card (VISA, Mastercard, American Express), payment is processed by the provider Stripe. Therefore, if you select this payment method, you will be redirected to the Stripe Payments Europe, Ltd (Stripe) service. Here you need to enter your name, email address, address and card details. Stripe collects the invoice amount from the customers specified credit card account immediately after the order has been sent.

Please note that even when paying by debit/credit card via Stripe, we are still responsible for general customer inquiries (e.g. about the goods, delivery time, shipment), returns, complaints, cancellation declarations and shipments or credit notes.

8.1.3 If paying by Sofortüberweisung, the Stripe Payments Europe, Ltd (Stripe) service will redirect you to the Sofortüberweisung payment page to select your bank. In the window that appears from your bank, you must enter your online banking credentials and confirm the transaction. The debit takes place immediately after placing your order. After that, you will receive a notification from Stripe about the completed payment.

8.2 In the case of consumers, we reserve ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur exercising your commercial or self-employed professional activity, a legal entity under public law or a special fund under public law, we reserve title to the purchased item until all outstanding claims from the business relationship with the buyer have been settled. The corresponding security rights are transferable to third parties.

8.3 If you are a consumer, the purchase price shall be subject to interest at a rate of 5 percentage points above the base interest rate when the payment is in arrears. If you are not a consumer, the interest rate during the delay in payment is 9 percentage points above the base interest rate. In addition, we are entitled to claim a lump sum compensation of 40 € from entrepreneurs in the event of default of payment. We reserve the right to prove and claim higher damages caused by delay.

§ 9 Warranty

9.1 If you are a consumer, the warranty is based on the statutory provisions.

9.2 If you place your order with us as an entrepreneur, the following applies:

9.2.1 Delivered goods are to be inspected by the customer immediately after delivery, insofar as this is feasible in the ordinary course of business. If a defect becomes apparent, we must be notified immediately. If the customer fails to do so, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. If such a defect appears later, the notification must be made immediately after discovery, otherwise the goods are deemed to be approved, even in view of this defect. § 377 HGB remains unaffected. The customer is not relieved of his obligation to examine, even in the event of recourse by the entrepreneur according to Section 478 of the German Civil Code. If, in such cases, he does not immediately report the defect asserted by his customer, the goods shall be deemed to have been approved, even with regard to this defect.

9.2.2 If there is a defect, we are entitled to determine the type of supplementary performance, taking into account the type of defect and the legitimate interests of the customer. Subsequent performance is deemed to have failed in these contracts after the third unsuccessful attempt. This number does not apply in the case of recourse according to § 478 BGB.

9.2.3 In the event of subsequent performance in the event of defects, we are only obliged to bear the expenses required for this, in particular transport, travel, labor and material costs, if these are not increased by the fact that the item has been transported to a location other than the headquarters or the commercial establishment of the customer to which the delivery was made. This number does not apply in the case of recourse according to § 478 BGB.

9.2.4 The customer's claims for defects, including claims for damages, expire in one year. This does not apply in the case of recourse according to § 478 BGB, this also does not apply in the cases of §§ 438 Para. 1 No. 2 BGB and § 634a Para. 1 No. 2 BGB. This also does not apply to claims for damages due to injury to life, limb or health or due to a grossly negligent or intentional breach of duty by us or our vicarious agents.

§ 10 Liability for damages and reimbursement of expenses

10.1 If you are a consumer, we are liable for damages according to the statutory provisions.

10.2 If you place your order with us as an entrepreneur, the following applies in the event of our contractual liability for damages in accordance with Sections 10.2 to 10.8:

10.2.1 If the claims are based on an intentional or grossly negligent breach of duty by us, our representatives or our vicarious agents, we are liable for damages in accordance with the statutory provisions.

10.2.2 If we or our representatives or vicarious agents have violated an obligation through slight negligence, the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which jeopardizes the achievement of the purpose of the contract and on compliance with which the customer regularly relies, liability is limited to the foreseeable , typically occurring damage is limited.

10.2.3 Unless otherwise specified under clauses 10.2.1 and 10.2.2, our liability for damages is excluded. The same also applies insofar as recourse claims are asserted against us as the supplier in accordance with Section 478 of the German Civil Code.

10.3 The exclusions and limitations of liability under clause 10.2 also apply to other claims, in particular tortious claims or claims for reimbursement of wasted expenses instead of performance.

10.4 The exclusions and limitations of liability under Section 10.2 do not apply to any existing claims in accordance with Sections 1, 4 of the Product Liability Act or due to culpable injury to life, limb or health. They also do not apply if we have assumed a guarantee for the quality of our goods or a service success or a procurement risk and the guarantee case has occurred or the procurement risk has materialized.

10.5 If the limitation of liability according to Section 10.2 does not apply to claims arising from producer liability according to § 823 BGB, our liability is limited to the compensation paid by the insurance company. If this does not occur or does not occur in full, we are liable up to the amount of the coverage. This clause does not apply in the event of culpable injury to life, limb or health.

10.6 Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, employees, representatives and vicarious agents.

10.7 A reversal of the burden of proof is not associated with the above regulations.

§ 11 Customer Service

If you have any questions, complaints or complaints, please contact us. You can reach us Monday - Friday between [09.00 and 12.00] and [13.00 and 17.00] on the telephone number [06322-8607] or by email to [i nfo@pfeffingen.de].

§ 12 Legal system, place of jurisdiction

12.1 German law applies to the exclusion of the UN Sales Convention.

12.2 For customers who conclude the contract for a purpose that cannot be attributed to professional or commercial activity (consumer), this choice of law does not affect the mandatory provisions of the law of the state in which the customer has his habitual residence.

12.3 For all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is our company's registered office in D-67098 Bad Dürkheim.

12.4 Alternative Dispute Resolution and OS Platform

The European Commission provides a platform for online dispute resolution (OS). This can be reached via the following Internet address: https://ec.europa.eu/consumers/odr/.

§ 13 Miscellaneous

13.1 The contract language is German.

13.2 If one or more provisions of these General Terms and Conditions are ineffective, the rest of the contract remains effective. Insofar as the provisions are ineffective, the content of the contract is based on the statutory provisions.

Status: March 2020