General Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Contract Duration and Termination for Subscription Contracts
7. Retention of Title
8. Liability for Defects (Warranty)
9. Redemption of Promotional Vouchers
10. Redemption of Gift Vouchers
11. Applicable Law
12. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Weingut Geiger GbR (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller concerning the goods presented in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC apply mutatis mutandis to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 These GTC apply mutatis mutandis to contracts for the delivery of tickets, unless explicitly stipulated otherwise. These GTC only regulate the sale of tickets for specific events described in more detail in the Seller's item description, and not the execution of these events. For the execution of the events, only the statutory provisions between the participant and the organizer apply, as well as any differing conditions of the organizer. Unless the Seller is also the organizer, the Seller is not liable for the proper execution of the event, for which the respective organizer is solely responsible.

1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.5 An entrepreneur within the meaning of these GTC 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.

1.6 The subject of the contract can – depending on the Seller's product description – be either the purchase of goods by means of a one-time delivery or the purchase of goods by means of a continuous delivery (hereinafter "subscription contract"). In a subscription contract, the Seller undertakes to deliver the contractually owed goods to the Customer for the duration of the agreed contract term at the contractually owed intervals.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not represent binding offers on the part of the Seller, but serve for the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into 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 contractual offer for the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by e-mail, fax, online contact form, mail, or telephone.

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 the receipt of the order confirmation by the Customer is decisive, or
• delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives exist, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends with the expiry 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 shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, 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 (hereinafter: "PayPal"), subject to the PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a PayPal payment method selectable during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.

2.5 When submitting an offer via the Seller's online order form, the contract text will be saved by the Seller after the contract is concluded and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The contract text will not be made accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login data.

2.6 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 browser's magnification function, with the help of which the display on the screen is enlarged. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and contact generally take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct so that 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 by the Seller for order processing can be delivered.

2.9 When ordering alcoholic beverages, the customer confirms, by submitting the order, that they have reached the legally required minimum age.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

3.3 Unless otherwise agreed, there is no right of withdrawal for contracts for the provision of services in connection with leisure activities, if the contract provides for a specific date or period for the provision. Accordingly, a right of withdrawal is also excluded for contracts that involve the sale of tickets for time-bound leisure events.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be 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.

4.3 If payment in advance by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have agreed upon a later due date.

4.4 If the payment method "purchase on account" is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the "purchase on account" payment method only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer about such a payment restriction in its payment information in the online shop.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the Seller's order processing is decisive.

5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of shipment if the Customer effectively exercises their right of withdrawal. For the return costs, the provision in the Seller's withdrawal instructions applies if the Customer effectively exercises their right of withdrawal.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarder, carrier, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes with the handover of the goods to the Customer or a person authorized to receive them. Notwithstanding this, even for consumers, the risk of accidental loss and accidental deterioration of the sold goods already passes to the Customer as soon as the Seller has delivered the item to the forwarder, carrier, or other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarder, carrier, or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the Seller's fault and the Seller has concluded a concrete hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded without delay.

5.5 If the Seller offers the goods for collection, the Customer can pick up the ordered goods during the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.

5.6 Vouchers will be provided to the customer as follows:

• by email
• by mail

5.7 Tickets will be provided to the customer as follows:

• by email
• by mail

6) Contract Duration and Termination for Subscription Contracts

6.1 Subscription contracts are concluded for a fixed term, for the contract duration evident from the respective product description in the Seller's online shop, and end automatically after the contract duration has expired.

6.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the end of a notice period.

6.3 Terminations must be made in writing or in text form (e.g., by e-mail).

7) Retention of Title

If the Seller makes an advance payment, they retain ownership of the delivered goods until full payment of the owed purchase price.

8) Liability for Defects (Warranty)

Unless otherwise provided in the following regulations, the provisions of statutory defect liability apply. Notwithstanding this, the following applies to contracts for the delivery of goods:

8.1 If the Customer acts as an entrepreneur,

• the Seller has the choice of the type of supplementary performance;
• for new goods, the limitation period for defects is one year from the delivery of the goods;
• for used goods, rights and claims due to defects are excluded;
• the limitation period does not recommence if a replacement delivery is made within the framework of liability for defects.

8.2 The aforementioned limitations of liability and shortening of deadlines do not apply

• to claims for damages and reimbursement of expenses by the customer,
• if the seller has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
• for any existing obligation of the seller to provide updates for digital products, in contracts for the supply of goods with digital elements.

8.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing legal right of recourse remain unaffected.

8.4 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial duty to inspect and give notice of defects in accordance with § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

8.5 If the Customer acts as a consumer, they are requested to complain about goods delivered with obvious transport damage to the deliverer and to inform the Seller thereof. Failure to do so will not affect their statutory or contractual claims for defects.

9) Redemption of Promotional Vouchers

9.1 Vouchers that are issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction arises from the content of the promotional voucher.

9.4 Promotional vouchers can only be redeemed before the completion of the order process. Subsequent offsetting is not possible.

9.5 Only one promotional voucher can be redeemed per order.

9.6 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be reimbursed by the Seller.

9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

9.8 The credit balance of a promotional voucher will neither be paid out in cash nor accrue interest.

9.9 The promotional voucher will not be refunded if the customer returns goods paid for wholly or partly with the promotional voucher within the scope of their statutory right of withdrawal.

9.10 The promotional voucher is transferable. The Seller can make payment with exonerating effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of entitlement, legal incapacity, or lack of power of representation of the respective holder.

10) Redemption of Gift Vouchers

10.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "gift vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.

10.2 Gift vouchers and remaining credit balances of gift vouchers can be redeemed until the end of the third year following the year of voucher purchase. Remaining balances will be credited to the customer until the expiry date.

10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

10.7 The credit balance of a gift voucher will neither be paid out in cash nor accrue interest.

10.8 The gift voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's lack of authorization, legal incapacity, or lack of power of representation.

11) Applicable Law

All legal relations between the parties shall be governed by the law of the Federal Republic of Germany, to the exclusion of the laws on the international purchase of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

12) Alternative Dispute Resolution

12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

12.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.