General Terms and Conditions of Ojo de Agua Wine & Beef Kontor

 

Table of contents 1. Scope of application 2. Conclusion of contract 3. Right of withdrawal 4. Prices and terms of payment 5. Terms of delivery and shipping 6. Retention of title 7. Liability for defects (warranty) 8. Applicable law 9. Place of jurisdiction 10. Alternative dispute resolution 1) Scope of application 1.1 These General Terms and Conditions (hereinafter "Terms and Conditions") ofOJO DE AGUA Restaurant and Sales GmbH(hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed. 1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. 2) Conclusion of contract 2.1 The imOnline shopThe product descriptions contained by the seller do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer. 2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also make the offer by telephone, fax, email or Copyright © 2019, IT-Recht-Kanzlei Alter Messeplatz 2 80339 Munich Tel: +49 (0)89 / 130 1433 - 0 Fax: + 49 (0)89 / 130 1433 - 60 by post to the seller. 2.3 The seller can accept the customer's offer within five days - by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the customer is decisive in this respect, or - by he delivers the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or - by asking the customer to pay after the order has been placed. If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer with the result that the customer is no longer bound by his declaration of intent. 2.4 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this. 2.5 Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process. 2.6 Only the German language is available for the conclusion of the contract. 2.7 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered. 2.8 When ordering alcoholic beverages, the customer confirms by sending the order that they have reached the legally required minimum age and undertakes to ensure that either they or one of them Copyright © 2019, IT-Recht-Kanzlei · Alter Messeplatz 2 80339 Munich Tel: +49 (0)89 / 130 1433 - 0 Fax: +49 (0)89 / 130 1433 - 60 authorized adult may accept the goods. 3) Right of withdrawal 3.1 Consumers are generally entitled to a right of withdrawal. 3.2 Further information on the right of cancellation can be found in the seller's cancellation policy. 4) Prices and terms of payment 4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description. 4.2 The payment option(s) will be communicated to the customer in the seller's online shop. 5) Terms of delivery and shipping 5.1 Goods are shipped to the shipping address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. 5.2 If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service to him a reasonable time in advance had. Furthermore, this does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs. 5.3 Collection by the customer is not possible for logistical reasons. 6) Retention of title If the seller pays in advance, he retains title to the delivered goods until the purchase price owed has been paid in full. 7) Liability for defects (warranty) 7.1 If the purchased item is defective, the statutory liability for defects shall apply. Copyright © 2019, IT-Recht-Kanzlei Alter Messeplatz 2 80339 Munich Tel: +49 (0)89 / 130 1433 - 0 Fax: +49 (0)89 / 130 1433 - 60 7.2 The customer is asked to To complain about goods with obvious transport damage to the delivery agent and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects. 8) Applicable law 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 has his habitual residence. 9) Place of jurisdiction If the customer acts as a merchant, a legal entity under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to appeal to the court at the customer's registered office. 10) Alternative dispute resolution 10.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for out-of-court settlement of disputes arising from online purchases - or service contracts involving a consumer. 10.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.