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TERMS AND CONDITIONS OF SALE AND DELIVERY
Supersede the previous Terms and Conditions of Sale and Delivery
I. General Provisions
- The present General Terms and Conditions of Sale and Delivery (Terms and Conditions) apply to all contracts concluded with Unger Weine. Upon conclusion of a contract with Unger Weine KG, the contractual partner acknowledges the present Terms and Conditions and declares his agreement to them.
- The Terms and Conditions may be amended by Unger Weine KG and shall apply in the version valid at the time the contract is concluded.
- Unger Weine KG is liable only subject to the terms and conditions stated below. Any deviating terms and conditions of the contractual partner will not apply even if Unger Weine KG has received them later and has not objected to them. Agreements deviating from or supplementing the terms and conditions of Unger Weine KG are possible.
- Upon the issuance of a new price list, the previous one becomes invalid.
- Place of performance is Frasdorf and place of jurisdiction is the registered office of Unger Weine KG.
The registered office of Unger Weine KG shall be the exclusive place of jurisdiction for all present and future claims, including receivables from bills and cheques, under commercial relations with businessmen. The same place of jurisdiction shall apply if the contractual partner has no general place of jurisdiction within the country, if he transfers his place of residence or customary place of abode outside the country, or if his place of residence or customary place of abode is not known at the time an action is brought. In all other respects, the contractual partner's place of residence shall be the place of jurisdiction for claims of Unger Weine KG vis-à-vis the contractual partner.
II. Offers
- Offers are always without obligation. Orders will be handled in the order of their receipt. Unger Weine KG's written order confirmation or invoice shall be decisive for delivery.
- Information about fill level and condition of bottles may be obtained from Unger Weine KG prior to the sale.
III. Terms of Payment
- Prices are in euros inclusive of the statutory VAT.
- Prices are ex warehouse Frasdorf and do not include packaging, loading, transportation, insurances and similar services unless this conflicts with the statutory provisions concerning distance selling business.
- The purchase price is payable without deduction upon receipt of the invoice. Unauthorized deductions will be reclaimed. If the contractual partner fails to pay after expiry of two weeks from the time for payment stated on the invoice, Unger Weine KG will be entitled to rescind the contract without a reminder or further extension of time and to demand damages for non-performance. We will charge a handling fee of €10.00 plus the bank fees incurred for return debit notes caused by the customer.
- If the contractual partner is in default with the fulfilment of his payment obligations to a considerable extent for more than two weeks for a reason for which he is answerable, the entire debt will become due and payable even if bills with a later maturity are running or agreements for the payment in instalments have been made, unless the Consumer Credit Act is applicable. During the period of default, interest shall be due on the outstanding debt in compliance with the statutory provisions. Unger Weine KG may prove a higher damage and the contractual partner prove a lower damage within the scope of application of the Consumer Credit Act.
- Objections to invoices must be made in writing and not later than within eight days from receipt of the invoice.
- Payments may not be withheld or offset against any counterclaims of the contractual partner which are contested by Unger Weine KG and are not legally valid.
IV. Delivery
- Any transport damage must be confirmed by the respective carrier, and Unger Weine KG must be promptly notified.
- Transport insurance may be taken out at the request and the expense of the contractual partner. Postal parcels are insured up to a value of €500.00 per parcel.
- Shipping costs shall be borne by the contractual partner. As a rule, delivery is effected by a parcel service. For larger shipments and formats, Unger Weine KG reserves the right of delivery by a forwarding agency or by shipment in several parcels. For a delivery value of €300.00 and more, Unger Weine KG delivers free house within Germany (standard shipment). For a delivery value below €300.00, Unger Weine KG will charge you €7.00 per parcel for packaging, shipment and logistics. Shipping costs to Austria amount to €11.90 per parcel (standard shipment). For shipping costs of shipments treated separately (for example express) or deliveries to other countries, please call telephone number +49 8052 951380. Of course Unger Weine KG will endeavour to keep the number of parcels per shipment as low as possible. Wines may be collected upon prior agreement. Upon placing your order, you will accept these Terms and Conditions and assure that you are at least 18 years of age.
- A combination with other orders is not possible. If payments are made from abroad, the contractual partner pays all additional costs such as bank charges and remittance fees.
- The times of delivery stated by Unger Weine KG are not binding. If a delivery time is exceeded by more than six weeks, the contractual partner shall have the right to set a reasonable additional deadline. After expiry of such additional period of time, both parties to the contract may rescind the contract. Claims for damages shall be excluded except in cases of gross negligence or intention on the part of Unger Weine KG or a vicarious agent.
- In cases of force majeure - as such shall be deemed circumstances and incidents which cannot be prevented with the care and diligence of proper business management - the contractual obligations of the parties shall be suspended for the duration of the disturbance and to the extent of the effect of such disturbance. If resulting delays exceed a period of six weeks, both parties to the contract shall be entitled to rescind the contract with respect to the scope of performance concerned. No other claims shall be deemed to exist.
- In the event of delivery on call, the contractual partner must call the items bought within two weeks counting from the day the contract is concluded. If the contractual partner fails to comply with this obligation, the contractual partner shall pay to Unger Weine KG storage charges of three per cent of the total purchase price per month, in any case a minimum of €25.00 per month, without proof and without prejudice to the assertion of claims for the costs actually incurred. The contractual partner is entitled to prove that Unger Weine KG's costs are lower than the flat rate described above.
- Unger Weine KG shall be entitled to make part delivery. In the case of everyday wines with a purchase price of up to €15.00 per bottle, Unger Weine KG shall be entitled to deliver the vintage of the subsequent year of the same wine if the preceding vintage is sold out.
- Wines may be collected in Frasdorf if an appointment is made. In this case, no rebates or discounts will be granted.
V. Reservation of Ownership
- Unger Weine KG retains ownership of the goods sold to commercial resellers until full payment of all Unger Weine KG's accounts receivable due from the contractual partner, in particular payment of the purchase price including incidental costs and any accounts receivable due under other contracts, and in the event of payment by bill or cheque until their payment, even if accounts receivable due under other contracts have not accrued until after delivery. For current invoices, the retained ownership shall be deemed as security for the respective balance of claims of Unger Weine KG.
- The goods sold to end-consumers shall remain Unger Weine KG's property until full payment of Unger Weine KG's accounts receivable due from the contractual partner up to the time the contract is concluded, in particular payment of the purchase price including incidental costs and, if payment is effected by bill or cheque, until their payment.
- If Unger Weine KG obtains surplus collateral by the reservation of ownership (see letter a) or b) respectively), Unger Weine KG is prepared to limit the security to 110 per cent of the amount of Unger Weine KG's claim.
- If the items subject to reservation of ownership are resold or processed, a commercial contractual partner shall assign to Unger Weine KG the claims to which such contractual partner is entitled under the contract. The contractual partner shall be authorized to collect them for our account until revocation of the suspension of his payments to us. The contractual partner shall not be entitled to assign such claims, not even for purposes of collecting debts by way of factoring, unless the factoring company's obligation is established at the same time to effect counter performance directly to us in the amount of our share of the debt as long as we still have claims against the contractual partner.
- The contractual partner may not pledge goods which are subject to reservation of ownership or transfer them by way of security. If such goods are pledged or subjected to attachment or other disposals by third parties, the contractual partner must ward off such measures, promptly notify Unger Weine KG and promptly deliver all records to Unger Weine KG which the latter needs to enforce rights as against third parties.
- The contractual partner shall grant Unger Weine KG free access to the items delivered to him subject to reservation of ownership.
- Assertion of the reservation of ownership as well as pledging the goods by Unger Weine KG shall not be deemed as a rescission of the contract unless the Consumer Credit Act is applicable.
VI. Instructions on Revocation
If our contractual partner is a consumer, he has the right of revocation in accordance with the statutory provisions:
- Right of Revocation:
You may declare your revocation of the contract without stating reasons within two weeks in text form (for example by letter, fax, e-mail) or - if the goods are at your disposal before expiry of the term - by sending the goods back. The term will begin upon receipt of these instructions in text form but not earlier than upon receipt of the goods by the recipient (where similar goods are delivered on a recurring basis, not earlier than upon receipt of the first part delivery) and also not before meeting our obligations to provide information pursuant to Section 312c (2) BGB (German Civil Code) in conjunction with Section 1 (1), (2) and (4) BGB-InfoV (Ordinance on Information Obligations of the BGB). Timely dispatch of the revocation or the goods shall suffice for observing the time limit for revocation. The revocation must be addressed to: Unger Weine KG, Aschauer Str. 3-5, D-83112 Frasdorf, telefax: 08052-95138-28, e-mail: info@ungerweine.de.
- Consequences of Return:
In the event of a valid revocation, the mutually received goods/services shall be returned and benefits derived (e.g. interest) shall be restituted. If you are unable to return the goods/services received, wholly or in part, or only in a deteriorated condition, you must compensate us for their value. This shall not apply if, in the event goods have been placed at your disposal, the goods have deteriorated solely due to their being inspected as it would have been the case if you had inspected them in a shop. You may avoid the duty to effect compensation for value for a deterioration of the goods caused by putting them into use by not putting them into use as an owner and by omitting everything which would adversely affect their value. Goods which can be sent as a parcel shall be returned at our expense and risk. Goods which cannot be sent as a parcel will be collected at your location. Obligations to refund payments must be met within 30 days. For you, these thirty days will be deemed to commence upon dispatch of your declaration of revocation or of the goods, and for us upon their receipt. -End of Instructions on Revocation-
VII. Special Terms of Subscription
- In the event of a subscription agreement providing for the delivery of wines at a much later time, the prices of which may be subject to considerable fluctuations on the market on which Unger Weine KG has no influence and which may occur within the time of revocation, there exists no right of revocation within the meaning of Section 312 d (4) No. 6 BGB.
- Any possible increases of the value-added tax between order for and delivery of the wines must be subsequently invoiced.
- Orders are binding only after receipt of the invoice by the contractual partner and receipt of the payment on the account of Unger Weine KG.
- If the amount of the invoice is not paid by the contractual partner within the time for payment specified, Unger Weine KG may promptly cancel the invoice.
- The subscription offer is subject to change and not binding, price changes and errors reserved.
- If an order is placed outside of an original packaging unit (12*0.75/24*0.375/6*1.5), this does not signify a claim to the original wooden case.
- If an order is placed outside of an original packaging unit (12*0,75)
- a surcharge per bottle will be charged (see subscription offer),
- Unger Weine KG reserves the right of non-delivery if the remaining quantity cannot be sold otherwise.
- If bottles are filled in special formats (normal bottle = 0.75 litres), surcharges will be charged per bottle (see subscription offer).
- Subscription orders and deliveries may not be combined with orders/deliveries from the other range of goods of Unger Weine KG.
- For subscription orders, delivery is free house within Germany for a delivery value of €500.00 and more. For orders from Austria, shipping costs depend on the type and scope of the order.
VIII. Special Terms for Cardboard Packaging
The Special Terms concerning cardboard packaging are attached on a separate sheet.
IX. Severability
Should individual provisions of the foregoing clauses be or become invalid, the remaining provisions of the General Terms and Conditions of Sale and Delivery shall remain valid.
Status: April 2012
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Aschauer Str. 3-5