General terms and conditions of business

scope
These General Terms and Conditions (GTC) apply to all deliveries from Weingut Heinz Nikolai online shop (hereinafter WHN online shop) to consumers. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be predominantly attributed to their commercial or independent professional activity.

Contractual partner
The purchase contract is concluded with

Winery Heinz Nikolai GbR

Ringstrasse 16

65346 Eltville-Erbach

Contact

Telephone: 0 61 23 – 6 27 08

Fax: 0 61 23 – 8 16 19

Email: weingut@heinz-nikolai.de

Conclusion of contract

The presentation of the products in the WHN online shop does not constitute a legally binding offer, but merely an invitation to order.

By clicking the button [Buy/order for a fee] you place a binding order for the goods listed on the order page. Your purchase contract is concluded when we accept your order by sending an order confirmation by email immediately after receiving your order.

Right of withdrawal

If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.

If you as a consumer make use of your right of withdrawal in accordance with section 4.1, you will have to bear the regular costs of return.

Furthermore, the provisions for the right of cancellation apply which are set out in detail in the following cancellation policy¹.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.

To exercise your right of withdrawal, you must

Winery Heinz Nikolai GbR

Ringstrasse 16

65346 Eltville-Erbach

Contact

Telephone: 0 61 23 – 6 27 08

Fax: 0 61 23 – 8 16 19

Email: weingut@heinz-nikolai.de

 

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. You can also electronically fill out and submit the model withdrawal form or another clear statement on our website (https://www.heinz-nikolai.de/kontakt.html). If you make use of this option, we will send you a confirmation of receipt of such a withdrawal immediately (e.g. by e-mail).

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back 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 promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.

You will bear the direct cost of returning the goods.

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

 

SAMPLE CANCELLATION FORM

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

Winery Heinz Nikolai GbR

Ringstrasse 16

65346 Eltville-Erbach

Contact

Fax: 0 61 23 – 8 16 19

Email: weingut@heinz-nikolai.de

 

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

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Ordered on (*)/received on (*)

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Name of consumer(s)

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Address of the consumer(s)

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Signature of the consumer(s) (only if notification is on paper)

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Date

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(*) Delete as appropriate.

(¹ This cancellation policy does not apply to the separate delivery of goods.)

Liability for defects/limitation period
In principle, there is a statutory liability for defects, unless otherwise specified.

Prices and shipping costs

The prices stated on the product pages include VAT and other price components. In addition to the prices stated, we charge EUR 3.00 for shipping within Germany for 3 bottles and EUR 4.00 for 6 bottles. For orders of 12 bottles or more of wine or sparkling wine, shipping within Germany is free of charge.

Shipping within the EU costs EUR 18.50, regardless of the order quantity up to 18 bottles.

The delivery time within Germany is 3 to 5 working days.

Child protection

The goods we offer belong exclusively in the hands of adults. By submitting an order, the customer declares that he or she is at least 18 years old. The data required for the order, such as name, address, etc., must be provided completely and truthfully. The goods will only be handed over by the deliverer after age verification and only to the person placing the order in person.

payment

Payment can be made via PayPal, Klarna or credit card. See more information about our payment terms .

Retention of title

The goods remain our property until full payment has been made.

Note on the return of packaging

We are affiliated with the disposal system Der Grüne Punkt – Duales System Deutschland GmbH. Our customer number is 55 52 910. 

Dispute resolution
The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr . We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

These terms and conditions were created using the template from http://www.Rechtsanwalt-Metzler.de/