Users of these terms and conditions:

Robert König Winery

Country House Connoisseur 1

65385 Rüdesheim - Assmannshausen

Owner: Philipp König

Telephone +49 (0)6722 - 10 64

Fax +49 (0)6722 - 4 86 56

Email: info@weingut-robert-koenig.de

§ 1 Scope

These terms and conditions apply to contracts that you as a customer conclude with us via our online shop (https://weingut-robert-koenig.shop).

Unless expressly agreed otherwise, we object to the inclusion of any general terms and conditions you may use. Individual contractual agreements take precedence over these terms and conditions.

§ 2 Definitions

We enter into contracts with both consumers and businesses.

1. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
2. An entrepreneur is a natural or legal person or a legally capable partnership that, when concluding a legal transaction, acts in the course of its commercial or independent professional activity. A legally capable partnership is a partnership that has the capacity to acquire rights and incur liabilities.

§ 3 Contract Language

The contract language is German. Only the German language is available for concluding the contract.

§ 4 Conclusion of Contract

1. The products displayed in our online shop are non-binding invitations to submit an offer. After completing the order process and clicking the "Place order" button, you are submitting a binding offer to conclude a purchase agreement. The contract is concluded as follows:

Using the online shopping cart system, you can add the selected product to your "shopping cart" without obligation by clicking the designated button. You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After accessing the "Checkout" page and entering your personal data as well as payment and shipping information, all order details will be displayed again on the order summary page. If you choose to use an instant payment system (e.g., PayPal/PayPal Express, Sofort), you will either be taken directly to the order summary page in our online shop or you will first be redirected to the website of the instant payment system provider. If you are redirected to the respective instant payment system, you will then make the appropriate selections or enter your data there.

Finally, you will be redirected back to the order overview page in our online shop. Before submitting your order, you have the opportunity to review all the information again, make changes (also using your browser's "back" button), or cancel the purchase. You can identify any input errors here. Using the "back" button, you can return to the input fields and correct any mistakes.

By submitting your order via the "order with obligation to pay" button, you are making a legally binding offer to us to conclude a purchase agreement for the products in your "shopping cart".

We can accept your offer within 5 days of receiving your order by issuing an order confirmation or by shipping the ordered goods. We will send you an order confirmation or shipping confirmation in written form (e.g., by email).

An order confirmation automatically sent after placing an order merely informs you about the content and receipt of the order, but does not yet constitute acceptance of the offer.

If the goods are unavailable at the time of ordering, we reserve the right to refuse the order, in which case no contract will be formed. We will inform you of this. Any payments already made will be refunded immediately.

1. Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via email. Please ensure that the email address you have provided to us is correct, that you can technically receive emails, and that they are not blocked by spam filters.

1. Regarding goods subject to youth protection laws, such as alcoholic beverages as defined in Section 9 of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally required minimum age. Any existing age restrictions are indicated in the respective product description.

By submitting your order, you confirm that you have reached the legally required minimum age and that your name and address details are correct. We reserve the right to request a copy of your identity card or other suitable official documents to verify your age.

§ 5 Storage of contract text and accessibility for the customer

The contract text is saved. You can print the relevant webpage using your browser's print function. We will also send you the contract text, including these terms and conditions and the distance selling consumer information, separately in text form (by email).

§ 6 Prices and Payment Terms

You have the payment methods displayed during the ordering process available to you.

The prices in our online shop are in euros and include all applicable taxes, including statutory VAT.

Unless otherwise agreed, shipping costs are to be borne by the customer. Shipping costs will be displayed on the product pages, in the shopping cart, and on the order page.

Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.

§ 7 Shipping, Delivery Conditions

1. The delivery terms, the expected delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective product offer.
2. The goods will be delivered by a shipping service provider chosen by us.
3. Unless otherwise stated in the product offer, shipping will take place within 5 days of receipt of payment by us.
4. For orders of goods requiring a legal minimum age for delivery, we select a shipping provider that performs age verification upon delivery. We instruct the shipping provider to hand over the goods only to the authorized recipient who has reached the required minimum age. The customer's name, address, and age are provided to the shipping provider so that they can verify the minimum age and identity upon delivery. Age verification shipping services can be implemented, for example, through the "Ident-Check" procedure offered by DHL.

You are responsible for ensuring that you can personally receive the goods and have an official identification document (e.g., identity card) available.

1. The delivery area is located in the Federal Republic of Germany.

1. If you are an entrepreneur, the risk of accidental loss or accidental damage to the goods, as well as any other risk, passes to you at the time the goods are dispatched or leave our warehouse.

1. Self-collection of goods ordered via the online shop is generally not possible. In exceptional cases, self-collection by the customer is permitted with our consent and prior express agreement with us.

§ 8 Retention of title, right of retention and prohibition of set-off

1. The goods remain our property until the purchase price has been paid in full.
2. If you, as an entrepreneur, conclude a contract with us, the following also applies:

We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. You are permitted to resell the goods subject to retention of title. In this case, you hereby assign to us all claims amounting to the invoice total that arise from the resale. We accept this assignment. You remain authorized to collect the receivables. If you fail to meet your payment obligations, we reserve the right to collect the receivables ourselves.

If the goods subject to retention of title are inseparably mixed or combined with other items, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of mixing or processing.

If the aforementioned collateral exceeds the secured claims by more than 10%, we are obligated to release the collateral at your request. The selection of the collateral to be released is at our discretion.

As an entrepreneur, you are only entitled to a right of retention insofar as your counterclaim is based on the same contractual relationship.

As an entrepreneur, you are only entitled to offset payments to the extent that your counterclaims are undisputed or have been legally established.

§ 9 Warranty

1. If you conclude the contract as a consumer, you are entitled to statutory warranty rights.
2. The following provisions apply to entrepreneurs:

The limitation period for claims based on defects is one year from the transfer of risk of the goods.

Your warranty rights are contingent upon the proper fulfillment of all inspection and notification obligations owed under Section 377 of the German Commercial Code (HGB).

In the event of defects in the goods, we are entitled to remedy the defect at our discretion, either by repairing the goods or by delivering replacement goods. Only after two unsuccessful attempts at remedying the defect are you entitled to reduce the purchase price, claim damages, or withdraw from the contract.

§ 10 Liability

1. We exclude our liability for breaches of duty caused by slight negligence. This does not apply to damages resulting from injury to life, body, or health, or to claims under the Product Liability Act or a warranty. Liability for breaches of obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely (essential contractual obligations) remains unaffected.
2. The following provisions apply to entrepreneurs:

In cases of intent or gross negligence on our part or on the part of our representatives or agents, we are liable in accordance with statutory regulations; the same applies to culpable breaches of essential contractual obligations. Unless there is an intentional breach of contract, our liability for damages is limited to the foreseeable, typically occurring direct damage to the customer.

This limitation excludes the assertion of any indirect damages as well as lost profits, damages to third parties and costs resulting from public law claims against the customer or third parties.

Unless otherwise stipulated in this clause, our liability to you as an entrepreneur is excluded.

Section 11 Data Protection

Our privacy policy applies, which can be found on our online shop page under "Privacy Policy".

§ 12 Place of jurisdiction

The exclusive place of jurisdiction for all disputes arising from the contractual relationship between the customer, who is a merchant, a legal entity under public law, or a special fund under public law, is our registered office. This also applies if you do not have a general place of jurisdiction in the Federal Republic of Germany or the EU, or if your domicile or habitual residence is unknown at the time the action is brought.

§ 13 Applicable Law

1. The laws of the Federal Republic of Germany shall apply. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.
2. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) do not apply.

§ 14 Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/. We are neither obligated nor generally willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 15 Severability Clause

Should one or more clauses of these Terms and Conditions be wholly or partially invalid, this shall not affect the validity of the remaining clauses. The relevant statutory provisions shall apply in place of the invalid provisions.