Terms and Conditions
§1 - Scope
(1) These terms and conditions of Peggy's Wine House Inh. Peggy Datzmann (hereinafter: "Seller") apply to all sales, deliveries and services of the seller that the customer buys from the seller via their online shop. The inclusion of conditions of the customer is contradicted, unless the parties have expressly agreed otherwise.
(2) "Customers" are both consumers and entrepreneurs, whereby a consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. On the other hand, 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.
(3) The seller's offers that contain alcohol are aimed exclusively at customers who are authorized to purchase these goods according to the respective delivery country and the youth protection regulations applicable there.
§2 - Conclusion of contract
(1) The seller's product offers merely represent an invitation to the customer to submit a purchase offer. By completing the ordering process, the customer submits a binding purchase offer to the seller. The acceptance of this purchase offer by the seller only takes place through a separate declaration of acceptance within 2 working days after receipt of the purchase offer.
(2) The ordering process by the customer begins by placing a product in the shopping cart. This is done using the "Add to cart" button on the product detail page.
In the shopping cart, the customer first has the option of changing the order quantity by entering the desired quantity and pressing the "Update shopping cart" button or deleting a product from the shopping cart by pressing the "X" button.
Once the customer has filled their personal shopping cart with the products they want, they can continue the ordering process by clicking the "Continue to checkout" button on the following page.
(3) Purchase processing and contact are made by e-mail with the help of the automated purchase processing software. The customer must therefore ensure that the e-mail address provided by him for the purchase transaction is correct so that correspondence can take place via this. If spam filters are used, the customer must ensure that all e-mails sent by the seller or their purchase processing service providers for the purchase are received.
§3 - Contract storage
In the order confirmation, which follows the confirmation of receipt of the order if the contract is accepted, the customer will receive their order data, as well as the general terms and conditions, customer information and the cancellation policy along with a sample cancellation form by e-mail. The text of the contract is not saved by the seller after the conclusion of the contract. Correspondingly more extensive permanent safeguards of the offer must therefore be arranged by the customer himself (e.g. by screenshot).
§4 - Prices
The prices stated by the seller include all price components including the respective statutory German value-added tax. Value added tax is shown separately. The packaging and shipping costs are shown and shown separately for the respective product offer or via the "Shipping costs" link. Other price components, such as additional taxes, customs duties or other levies may apply to cross-border deliveries.
§5 - Terms of payment
Payments can be made as follows:
Payment by bank transfer
After the purchase, the customer will be informed of the seller's account details for payment. After the payment amount has been credited to the specified account of the seller, the goods will be shipped;
Payment via PayPal
After ordering via the "Buy" button, the customer is forwarded to the PayPal page, which initiates the payment to the seller by the customer. The customer's PayPal account is only debited upon conclusion of the contract. After confirmation of the payment by PayPal, the goods are shipped;
If the goods are collected from the seller's place of business or delivered personally by the seller.
§6 - Delivery
(1) The delivery times specified for the products begin on the day following the conclusion of the contract or in the case of PayPal payments and transfers, the customer's payment instructions to his payment service provider are followed. The delivery takes place at the latest within the specified delivery time. If the last day of the delivery period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day takes the place of this day.
(2) In the case of a delivery outside of Germany, the latest delivery time specified for the products is extended by 5 working days for deliveries within the EU member countries, otherwise by 10 working days.
§7- Retention of title
(1) The delivered goods remain the property of the seller until all claims from the contract have been fulfilled.
(2) If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the retention of title also applies beyond the ongoing business relationship until all claims to which the seller is entitled in connection with the contract have been settled.
§8 - Liability for Defects
Legal regulations apply.
§9 - Contract language
The contract language is German and English.
§10 - Final Provisions
(1) The law of the Federal Republic of Germany.
(2) The choice of law according to paragraph 1 applies to customers who do not conclude the contract for independent professional or commercial activities (consumers within the meaning of § 1 paragraph 2 sentence 1), only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is withdrawn.
(3) The regulations on the UN sales law do not apply.
Note on the EU Commission's online platform for out-of-court dispute resolution:
Through REGULATION (EU) No. 524/2013 of 21 On May 1st, 2013, the EUROPEAN PARLIAMENT and the EUROPEAN COUNCIL decided to create an internet platform that should enable independent, impartial, transparent, effective, fast and fair out-of-court online settlement of disputes between consumers and entrepreneurs in connection with online sales contracts or online service contracts . Consumers receive via the URL https://ec.europa.eu/consumers/odr/ more information and access to the platform.
Peggy's Wine House is neither willing nor obliged to participate in the dispute settlement procedure before one of the consumer arbitration boards. There is no legal obligation to participate.
We make every effort to settle any dispute amicably with all of our customers and see no need to participate in these arbitration proceedings.
In the few cases in which an agreement is not possible, every customer has legal recourse to the ordinary courts. We are pleased that our customers have not had to use this method up until now.
If there is a dispute that you would like to resolve with us, please contact us directly at the following email address: firstname.lastname@example.org