Terms of service
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Senzowine GmbH) via the website senzo.wine. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby objected to.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to either their commercial or their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject matter of the contract is the sale of goods.
(2) By placing the respective product on our website, we submit a binding offer to you to conclude a contract via the online shopping cart system on the terms stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to order" button (or similar designation) and entering your personal data as well as the payment and shipping terms, the order data will finally be displayed to you as an order summary.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be taken to the order summary page in our online shop or redirected to the website of the instant payment system provider. If you are redirected to the respective instant payment system, you will make the corresponding selection or enter your data there. Finally, the order data will be displayed to you as an order summary on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the option of checking the details in the order summary again, changing them (also via the "back" function of your internet browser) or cancelling the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order subject to payment", "pay" / "pay now" or similar designation), you legally bindingly declare acceptance of the offer, whereby the contract is concluded.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place by email, in part automatically. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Special agreements regarding the payment methods offered
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", payment is processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods available via "PayPal" are shown to you under a correspondingly designated button on our website and during the online ordering process. "PayPal" may use further payment services to process payments; where special payment conditions apply to these, you will be informed of them separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 4 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship. (2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following shall apply in addition:
a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before title has passed.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice value arising from the resale, and we accept this assignment. You remain authorised to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of the combination and mixing of the goods subject to retention of title, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 5 Warranty
(1) The statutory rights in respect of defects apply.
(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage
and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) Insofar as you are an entrepreneur, the following applies in deviation from the above warranty provisions:
a) Only our own information and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we provide warranty at our discretion by way of repair or replacement delivery. If the remedy of the defect fails, you may at your discretion demand a reduction in price or withdraw from the contract. The remedy of the defect shall be deemed to have failed after an unsuccessful second attempt, unless something else arises in particular from the nature of the goods or the defect or from other circumstances. In the case of repair, we shall not bear the increased costs arising from moving the goods to a place other than the place of performance, provided that such transfer does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The reduction of the period does not apply:
- to damage attributable to us and culpably caused arising from injury to life, body or health, and to other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the item; - to items which have been used for a building in accordance with their customary use and have caused its defectiveness;
- to statutory rights of recourse which you have against us in connection with rights in respect of defects.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law applies. In the case of consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence (favourability principle).
(2) The place of performance for all services arising from the business relationships with us as well as the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is unknown at the time the action is brought. The right to bring proceedings before a court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer information
1. Identity of the seller
Senzowine GmbH
August-Borsig-Straße 8
97526 Sennfeld
Germany
Phone: +4917682473654
Email: shop@senzo.wine
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. 2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options take place in accordance with the provisions on the "Conclusion of the contract" in our General Terms and Conditions (Part I.).
3. Contract language, storage of the contract text
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After receipt of the order by us, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by email.
4. Codes of conduct
4.1. We have subjected ourselves to the Käufersiegel quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment terms
6.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised.
6.3. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.4. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. Delivery terms
7.1. The delivery terms, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. Insofar as you are a consumer, it is stipulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or a person otherwise appointed to carry out the shipment.
If you are an entrepreneur, delivery and shipment take place at your risk.
8. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were drawn up by the lawyers of the Händlerbund specialising in IT law and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and assumes liability in the event of warning notices. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 22 October 2024
