General terms and conditions Moselhotel Weinhaus Simon
1.1 The following general terms and conditions apply to all business relationships between the customer and the Moselhotel Weinhaus Simon, hereinafter: Moselhotel Weinhaus Simon. The version of these terms and conditions valid at the time the contract is concluded is decisive.
1.2 Customers in the sense of these terms and conditions can be consumers as well as entrepreneurs.
1.3 Consumers within the meaning of the General Terms and Conditions are, according to § 13 BGB, every natural person who concludes a legal transaction with Weinhaus Simon for a purpose that can largely not be attributed to their commercial or independent professional activity. 1.4 Entrepreneur within the meaning of the General Terms and Conditions is, according to § 14 BGB, a natural or legal person or a legal partnership that, when concluding a legal transaction with Weinhaus Simon, acts in the exercise of its commercial or independent professional activity. A legal partnership is a partnership that has the ability to acquire rights and assume liabilities. In this sense, an entrepreneur is also a customer who represents a public special fund.
2. Conclusion of contract
The product descriptions contained in the online shop of Moselhotel Weinhaus Simon do not represent binding offers from Moselhotel Weinhaus Simon. By using the online order form, however, the customer can submit a binding offer to conclude a purchase contract. When ordering via the online order form, the customer can first add the desired number of items to the shopping cart. After the goods have been placed in the shopping cart, the customer can click on the shopping cart and complete the order there. For the order, the registration of the customer is necessary by creating a customer account. After entering the login details of the customer account and selecting the desired payment and shipping method, the customer then clicks on the "Order with costs" button to place a binding order. After clicking the button "Order with costs", any input errors can no longer be corrected.
Weinhaus Simon can accept the customer's contract offer by means of a written or electronically transmitted order confirmation or by delivery of the goods.
The contract is therefore concluded by the customer's offer and acceptance of this offer by Weinhaus Simon.
The contract is only available in German.
The contract text is not saved by Weinhaus Simon and therefore cannot be called up by the customer.
3. Prices and payment
3.1 For consumers, all prices are in euros including the statutory value added tax of the Federal Republic of Germany and plus shipping costs. If you order as an entrepreneur, the prices in the dealer area are net prices plus the statutory value added tax of the Federal Republic of Germany and plus shipping costs.
The amount of the shipping costs is available at the following URL http://weinhaus-simon.de/de/component/jshopping/content/view/shipping?Itemid=0
3.2 The price shown at the time of the order or the conclusion of the contract applies to the customer.
3.3 Basically, Weinhaus Simon offers the payment methods prepayment, EC card as well as Mastercard and Visa.
3.4 When paying in advance, the total amount is due immediately after receipt of the invoice and must be transferred to the following Weinhaus Simon account within five working days.
3.5 The hotel reserves the right to request a 20% deposit for bookings of 4 rooms or more and to adapt the cancellation policy to bookings made either directly through the hotel or through third parties. In this case, the deposit is due as a cancellation fee.
Account: Moselhotel Weinhaus Simon OHG
IBAN: DE45 5606 1472 0501 0373 66
3.7 When paying by using the payment service provider Sofortüberweisung, the contractual relationship between Sofortüberweisung and its customers is based exclusively on the conditions of use of Sofortüberweisung.
3.8 If the agreed payment periods are exceeded, the statutory provisions on late payment apply.
3.9 The customer is only entitled to set-off rights if his counterclaims have been legally established or have been recognized by Weinhaus Simon.
4. Delivery and service time
4.1 Deliveries are made to the shipping address you specified at the shipping conditions applicable at the time of the order. (Please specify the shipping service provider in the shop)
4.2 You can pick it up yourself.
4.3 The delivery period for an order within the meaning of Section 2 (1) is based on the information given in the offer letter from Weinhaus Simon. When ordering via the online shop according to § 2 paragraph 2, the delivery time is approx. Five (5) working days. It begins with the acceptance of the offer in accordance with Section 2 (2b).
4.4 In the case of orders from customers with a place of residence and business abroad or where there are reasonable grounds to assume that there is a risk of non-payment, we reserve the right to deliver together with shipping costs only after receipt of the purchase price (advance payment reservation). If we make use of the prepayment reservation, we will inform you immediately. In this case, the delivery period begins with payment of the purchase price and shipping costs.
4.5 Force majeure, war, terrorism, suspected terrorism, riot, strike, lockout, disruption of raw materials and energy supply or other events that Weinhaus Simon cannot prevent despite the use of reasonable care and prevent the provision of the service, release Weinhaus Simon from delivery and Obligation to perform for the duration of these disruptive events. 4.6 If the delivery or the acceptance of the delivery item is delayed for reasons for which you are responsible, Weinhaus Simon is entitled to demand compensation for the damage incurred and incurred, including any additional expenses. Further claims remain reserved. Liability for consequential damage is excluded.
5. Cancellation policy
Right of withdrawal
You have the right to cancel 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.
To exercise your right of withdrawal, you must contact us
Moselhotel Weinhaus Simon, Timo Schmoll
At Martinergarten 3
Tel. + 49 (0) 6534 93810
Fax + 49 (0) 6534 18149 email: firstname.lastname@example.org
inform you of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication regarding your right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we have made all payments we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheap standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received 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 expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, properties and functionality of the goods.
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer, for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded, for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery, for the delivery of goods if they are inseparable due to their nature after delivery were mixed with other goods, for the delivery of alcoholic beverages, the price of which was agreed when the contract was concluded, but which can be delivered at the earliest 30 days after the contract was concluded and whose current value depends on fluctuations in the market over which the entrepreneur has no influence has, for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.
6. Model withdrawal form
If you want to cancel the contract, please fill out this form and send it back.
Moselhotel Weinhaus Simon
At Martinergarten 3
Tel. + 49 (0) 6534 93810
Fax + 49 (0) 6534 18149
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*) Ordered on (*) / received on (*) :
Name of the consumer (s):
Address of the consumer (s):
Signature of the consumer (s):
(*) Delete where inapplicable.
7. Shipping method
The dispatch takes place at the discretion of Weinhaus Simon, if no special kind of dispatch was agreed with the customer at the conclusion of the contract. The customer has the option of collecting the goods by arrangement at Weinhaus Simon's headquarters. In this case, the shipping costs are waived for the customer.
8. Notice of defects and warranty
8.1 The statutory warranty provisions apply to the goods from Moselhotel Weinhaus Simon.
8.2 If the purchase is a commercial transaction for both parts, the customer must examine the goods immediately upon receipt, insofar as this is feasible in the ordinary course of business, and, if a defect becomes apparent, notify Weinhaus Simon immediately. If the customer omits this notification, the goods are considered approved, unless there is a defect that was not recognizable during the inspection. Otherwise, §§ 377 ff. HGB apply. The warranty period for new goods for mutual business is 1 year.
9. Limitation of liability
Weinhaus Simon is generally only liable for intent and gross negligence. Weinhaus Simon is also liable for negligent breach of duties if this has resulted in injury to life, limb or health or a guarantee or claims under the Product Liability Act are affected. Weinhaus Simon is also liable for the negligent violation of obligations, the fulfillment of which is essential for the proper execution of the contract, the violation of which jeopardizes the achievement of the purpose of the contract and which the user trusts regularly to comply with. In the latter case, however, Weinhaus Simon is not liable for unforeseeable, non-contractual damage. Weinhaus Simon is not liable for negligent breach of other obligations. The above limitations of liability also apply to vicarious agents of Weinhaus Simon.
10. Retention of title
The delivered goods remain the property of Weinhaus Simon until full payment.
11. Data protection
The data required for business transactions will be saved.
11.1 Use and disclosure of personal data Insofar as the customer has provided personal data to Weinhaus Simon, Weinhaus Simon uses this only to answer customer inquiries, to process contracts concluded with the customer and for technical administration. Personal data will only be passed on by Weinhaus Simon to third parties or otherwise transmitted if this is necessary for the purpose of contract execution or for billing purposes or if the customer has given prior consent. The customer has the right to withdraw consent given with future effect at any time.
11.2 The stored personal data will be deleted if the customer revokes the consent to the storage, if their knowledge is no longer required to fulfill the purpose of the storage or if their storage is inadmissible for other legal reasons. Data for billing and accounting purposes are not affected by a request for deletion.
11.3 Right to information Upon written request, Weinhaus Simon will inform the customer of the data stored about him. The request should be sent to:
Moselhotel Weinhaus Simon
At Martinergarten 3
11.4 Security advice when using email When communicating by email, Weinhaus Simon's complete data security cannot be guaranteed, so Weinhaus Simon recommends sending confidential information by post.
12. Final provisions
12.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.
12.2 The exclusive place of jurisdiction for all disputes arising from the contractual relationship between the customer and Weinhaus Simon is, insofar as the customer is a businessman, the seat of Weinhaus Simon.
12.3 Should individual clauses of these terms and conditions be ineffective in whole or in part, this does not affect the effectiveness of the remaining clauses.