Conditions
GTC
General Terms and Conditions
for the online shop at the URL
https://wein-muenster.de/
operated by
Pasquariello Willers GbR
Pasquariello Schell Willers GbR
An der Kleimannbrücke
4
48157 Münster
Email:
info@roccosweinlager.de
Phone number: +491638529429
– hereinafter: Provider –
1. Scope of Application
These General Terms and Conditions (GTC) apply after their inclusion to all contracts concluded
for the purchase of goods, services or other items (hereinafter "Goods") in the online shop
at the aforementioned URL in the version valid at the time of the conclusion of the contract. These GTC apply
exclusively. Deviating GTC of the customer do not become part of the contract, unless the provider
expressly agrees to them.
2. Conclusion of Contract
2.1 The offers in the online shop represent a non-binding invitation from the provider to the online
shop visitors to submit an offer to purchase the goods offered in the shop.
2.2 The order of the goods takes place via the provider's online order form. After selecting
the desired goods, entering all requested mandatory information and going through all
other mandatory steps in the ordering process, the selected goods can be ordered by pressing
the order button at the end of the checkout page (order). By placing the order, the
customer submits a binding offer to conclude a contract for the purchase of the selected goods. The contract is concluded
when the provider accepts the customer's offer. Acceptance occurs when the provider
confirms the conclusion of the contract in written or text form (e.g., by email) (order confirmation) and this
order confirmation reaches the customer or by delivering the ordered goods and these goods reach the
2 / 6customer or by requesting payment from the customer (e.g., invoice or credit card payment
in the ordering process) and the payment request reaches the customer; the time of conclusion of the contract
is the time at which one of the alternatives mentioned in the first half-sentence occurs for the first time.
2.3 Before submitting a binding order via the provider's online order form, the customer can
check their entries and correct them at any time using the usual keyboard, mouse, touch or other available
input functions. In addition, all entries are displayed again in a confirmation window before the
binding submission of the order and can also be corrected there using the usual keyboard, mouse, touch or other available
input functions.
2.4 The provider will save the contract text after the conclusion of the contract and send it to the customer in text form
(e.g., by email). The provider will not make the contract text accessible beyond this. If the purchase was made via a customer account in the online shop, the customer can
view their orders and the associated order data there.
2.5 The following languages are available for the conclusion of the contract: German
.
3. Right of Withdrawal for Consumers
Consumers generally have a right of withdrawal for contracts concluded outside business premises and for
distance contracts. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their
independent professional activity. Details can be found in the withdrawal policy, which is provided to every consumer at the latest immediately before the conclusion of the contract.
4. Payment, Default
4.1 The prices listed in the online shop at the time of the order apply. All prices include
statutory value-added tax and, where applicable, the listed shipping costs.
The customer will be informed about the available payment methods in the provider's online shop.
4.2 If "prepayment" is agreed, the purchase price is due immediately after the conclusion of the contract.
4.3 If "purchase on account/invoice purchase" is agreed, payment is due immediately after the conclusion of the contract,
unless a different payment term has been specified in the invoice or in the purchase process.
4.4 If payment by credit or debit card is agreed, the purchase price is due immediately after the conclusion of the contract.
4.5 If payment via "PayPal" is agreed, the purchase price is due immediately after the conclusion of the contract. The
payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24
Boulevard Royal, L-2449 Luxembourg.
4.6 If "Sofortüberweisung" (instant bank transfer) is agreed, the purchase price is due immediately after the conclusion of the contract. The
payment processing is handled by Sofort GmbH, Theresienhöhe 12, 80339 Munich.
5. Retention of Title
The purchased goods remain the property of the provider until full payment of the purchase price.
3 / 66. Delivery and Reservation of Self-Supply
6.1 Subject to differing agreements, delivery will be made within the delivery time specified in the online shop
to the delivery address provided by the customer. The applicable delivery times can be found in the
online shop.
6.2 Self-collection of the purchased goods is excluded.
6.3 If the provider cannot deliver the ordered goods because it was not supplied itself through no fault of its own,
even though it had concluded a congruent hedging transaction with a reliable supplier in good time, the provider is released from its obligation to perform and can withdraw from the
contract. The provider is obliged to immediately inform the customer about the impossibility of
performance. Counter-performances already rendered by the contractual partner will be reimbursed immediately.
Mandatory consumer law remains unaffected by the present paragraph.
7. Warranty
The provisions of the statutory warranty for defects apply.
8. Liability and Indemnification
8.1 The provider is liable without limitation:
for damages resulting from injury to life, body or health, which are based on a willful
or negligent breach of duty by the provider or a willful or negligent
breach of duty by a legal representative or vicarious agent of the provider;
for damages based on a willful or grossly negligent breach of duty by the provider or on
a willful or grossly negligent breach of duty by a legal representative or
vicarious agent of the provider;
based on a guarantee promise, as far as no other regulation has been made in this regard;
due to mandatory liability (e.g., under the Product Liability Act)
8.2 If the provider negligently violates an essential contractual obligation, its liability is limited to the
foreseeable damage typical for the contract, unless unlimited liability exists according to the preceding paragraph.
Essential contractual obligations are obligations that the contract imposes on the provider
according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper
execution of the contract possible at all and on the observance of which the customer may regularly
rely.
8.3 Otherwise, any liability of the provider as well as the liability of its vicarious agents and legal
representatives is excluded.
8.4 The customer indemnifies the provider from any claims of third parties – including the costs for legal defense in their statutory amount – that are asserted against the provider due to unlawful or
breaches of contract by the customer.
9. Data Protection
The provider treats the personal data of its customers confidentially and in accordance with the
statutory data protection regulations. Further details can be found in the provider's privacy policy.
10. Final Provisions
4 / 610.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, insofar as
this choice of law does not lead to a consumer with habitual residence in the EU being thereby deprived of
mandatory statutory provisions of the law of their country of residence.
10.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the registered office of the provider is competent, unless an exclusive place of jurisdiction is established for the dispute.
This also applies if the customer does not have a domicile within the European Union. The registered office of our company can be found in the heading of these GTC.
10.3 If a provision of this contract is or becomes invalid or unenforceable, the
remaining provisions of this contract shall remain unaffected.
11. Information on Online Dispute Resolution / Consumer Arbitration
The provider is not willing or obliged to participate in dispute resolution proceedings before a
consumer arbitration board.
Our email address can be found in the heading of these GTC.
12. Youth Protection when Selling Alcoholic Products
12.1 The provider strictly adheres to the legal provisions of the Youth Protection Act (JuSchG).
Alcoholic beverages and spirits are sold exclusively to persons of legal age (18+).
12.2 By submitting an order containing alcoholic beverages or spirits, the customer confirms that they have reached the legally required minimum age of 18 years. The provider reserves the right to conduct an age verification.
12.3 The delivery of alcoholic products is exclusively to persons of legal age. An age verification may be carried out by the shipping service provider (e.g., DHL/DPD/UPS "age check"). The customer must ensure that personal delivery of the shipment is possible and that a legally authorized person of legal age is present. Delivery to minors is excluded.
12.4 Should the delivery person be unable to hand over the goods due to a missing age verification, the customer bears the resulting additional costs (e.g., return shipping or re-delivery).
12.5 The customer undertakes not to pass on access data to their customer account or ordered alcoholic products to persons under 18 years of age.