General Terms and Conditions
of the Schmalzried Winery
Owner Hermann Schmalzried
Kirchstr. 61
71404 Korb
Phone: +49 7151 / 32607
Fax: +49 7151 / 302750
Email: info@weingutschmalzried.de
hereinafter Weingut Schmalzried called.
(Status: 01 October 2016)
1. Scope and amendment of these terms and conditions
1.1 For all deliveries of the winery, to buyers (entrepreneurs and consumers), including those from future business transactions, if no deviating special conditions have been agreed, e.g. in the case of involvement of a wine commission agent, the following conditions are authoritative, as well as the terms of delivery and payment. The invalidity of individual conditions shall not affect the validity of the remaining conditions. The same applies if individual conditions do not become part of the contract.
1.2 Amendments to these terms and conditions shall be notified to the contract partner in writing in text form. They shall be deemed to have been approved if the contractual partner does not raise an objection in writing in text form. The Schmalzried Winery shall specifically draw the contracting partner’s attention to this consequence upon notification. The contractual partner must send the objection to the Schmalzried Winery within 6 weeks after notification of the changes:
Weingut Schmalzried
Kirchstr. 61
71404 Korb
Phone: +49 7151 / 32607
Fax: +49 7151 / 302750
Email: info@weingutschmalzried.de
2. Contract conclusion
2.1 The offer is subject to change. It is addressed to the customer groups defined by the Schmalzried Winery. With the publication of a new price list, previous price lists lose their validity.
2.2 If contracts are concluded with entrepreneurs subject to written or telex confirmation, the content of the confirmation letter from Schmalzried Winery shall be authoritative unless the recipient immediately objects.
3. Delivery
3.1 The delivery and payment conditions of the Schmalrzied Winery apply to the delivery.
3.2 The Schmalzried Winery shall be entitled to render the contractual performance in partial deliveries if this is reasonable for the purchaser. If delivery on call has been agreed, the purchaser shall call within a reasonable period.
3.3 Delivery shall be made as soon as possible, unless a specific delivery period or delivery date has been agreed.
3.4 If delivery becomes impossible or excessively difficult within the meaning of Section 275 (2) of the German Civil Code (BGB) due to force majeure, official measures, plant shutdown, strike, extreme weather conditions (e.g. heat, hail, frost or danger of frost) or similar circumstances, the Schmalzried Winery shall be released from its obligation to deliver for the duration of the hindrance and its after-effects. This shall also entitle the Schmalzried Winery to withdraw from the contract if and to the extent that it can no longer reasonably be expected to adhere to the contract. The Schmalzried Winery shall immediately inform the consumer or entrepreneur of the occurrence of the above-mentioned events and the unavailability and, in the event of withdrawal, immediately reimburse the consumer’s or entrepreneur’s consideration.
3.5 Shipping – even within the same shipping location – shall be at the expense of the purchaser, unless the goods are transported by Schmalzried Winery itself. In the case of shipment to an entrepreneur, the entrepreneur shall bear the risk; this shall also apply in the case of carriage-paid delivery. The Schmalzried Winery shall choose the mode of shipment unless the purchaser has given special instructions. At the request of the purchaser, the Schmalzried Winery shall take out transport insurance to the extent requested by the purchaser at the purchaser’s expense.
3.6 Should a vintage be sold out, we reserve the right to supply a subsequent vintage.
3.7 Free delivery from an order value of 250€.
4. Packing
In the case of delivery of bottled wine, the goods are packaged in a manner customary in the trade.
5. Payment
5.1 The delivery and payment conditions of the Schmalzried Winery apply to the payment.
5.2 The purchaser may only offset such counterclaims that are not disputed by the Schmalzried Winery or have been legally established. The purchaser may not exercise a right of retention that is not based on the same contractual relationship.
6. Liability
6.1 Claims for damages on the part of the purchaser, irrespective of the legal grounds, in particular due to breach of obligations arising from the contractual obligation and from tort, are excluded.
6.2 This shall not apply if liability is mandatory by law, in particular in cases of
– of malice, intent and gross negligence,
– injury to life, body or health,
– the assumption of a guarantee, e.g. for the existence of a property,
– the violation of essential contractual obligations or,
– liability under the Product Liability Act.
6.3 Claims for damages due to negligent breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract.
6.4 A change of the burden of proof to the disadvantage of the contracting party is not connected with the above regulations.
7. Place of performance, applicable law
7.1 The law applicable at the place of performance shall govern all legal relations between the buyer and the Schmalrzied Winery, even if the legal dispute is conducted abroad.
8. Return costs in distance selling with consumers
The consumer has to bear the regular costs of returning the goods in case of exercising his right of withdrawal.
9. Value replacement obligation in distance selling with consumers
In the event that the consumer exercises his right of revocation, he shall pay compensation for the loss in value insofar as the loss in value is due to handling of the goods which was not necessary for testing the quality, characteristics and functioning of the goods.
Terms and conditions of delivery and payment including information for distance selling and e-commerce transactions
1. Company, address, authorized representative
You conclude your contracts for our products with:
Weingut Schmalzried
Inhaber Hermann Schmalzried
Kirchstr. 61
71404 Korb
Phone: +49 7151 / 32607
Fax: +49 7151 / 302750
Email: info@weingutschmalzried.de
2. Properties of the goods
Please refer to the above product descriptions for the nature of our products.
3. Formation of the contract, delivery reservations, period of validity of the offers
The contract shall be concluded upon confirmation of the order or dispatch of the goods by us.
The Schmalzried Winery is entitled to provide the contractual service in partial deliveries if this is reasonable for the buyer. If delivery on call has been agreed, the buyer shall call within a reasonable period of time.
Delivery shall be made as long as stocks last. Should a vintage be sold out, we reserve the right to deliver a subsequent vintage. With the publication of a new price list, all previous price lists lose their validity.
3a. Information for contracts in electronic commerce
In the following we show you the individual steps with which you can place your order bindingly with us in German:
– You select the item you want based on the product description and place it in the shopping cart by clicking the “Add to cart” button.
– You finish your selection by pressing the button “Checkout”.
– During the payment process you enter your name, delivery address and e-mail address, select the desired payment method and enter the necessary information. Payment methods are Paypal, Sofortüberweisung and prepayment via bank transfer.
– By clicking the button “Check order” your complete order will be displayed again. All information can then be checked for accuracy and corrected.
– Before placing the order you have to accept our general terms and conditions and the terms of delivery and payment.
– By clicking the “Buy” button, the order checked in this way is then finally sent to us.
– You will receive a confirmation e-mail about the receipt of your order. The contract is concluded when the goods are sent to you.
– In “My account” you can now call up the order you sent at any time. The contract text is stored there by us.
– The terms of delivery and payment as well as the general terms and conditions are available for download at
www.weingutschmalzried.de/… available.
4. Prices, delivery and shipping costs
Please refer to our product description above for prices. They are inclusive of VAT.
Delivery will be made within one week after receipt of the order.
Unless otherwise agreed, delivery is made in 1 l bottles or in 0.75 l bottles in disposable cartons containing up to six bottles at no extra charge.
Delivery within Germany:
1-12 Bottles = 6,90 €
13-24 Bottles = 13,80 €
25-36 Bottles = 20,70 €
37-48 Bottles = 27,60 €
From 49 bottles success the delivery by forwarding. From a value of goods of 250 € the delivery is free. The delivery is made by Hermes.
5.Delivery, fulfillment, payment
If the customer is a consumer, the delivery is made for the account of the customer.
6. Warranty
If the products delivered by us have obvious defects, which also include transport damage, please complain about such defects to us immediately. However, failure to make this complaint has no consequences for your statutory claims if you are a consumer. For all defects of the purchased goods occurring during the statutory warranty period, the statutory claims for supplementary performance, for defect removal/replacement as well as – if the statutory requirements are met – the further claims for reduction or withdrawal as well as, in addition, for damages, including compensation for the damage instead of performance as well as compensation for your futile expenses, shall apply at your discretion.
8. Value replacement obligation
In the event that the consumer exercises his right of revocation, he shall pay compensation for the loss in value insofar as the loss in value is due to handling of the goods which was not necessary for testing the quality, characteristics and functioning of the goods.
9. Cancellation policy for consumers
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. To exercise your right of withdrawal, you must:
Weingut Schmalzried
Owner Hermann Schmalzried
Kirchstr. 61
71404 Korb
Phone: +49 7151 / 32607
Fax: +49 7151 / 302750
Email: info@weingutschmalzried.de
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the more favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of 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 case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. The costs are estimated at a maximum of about 6.99 EUR. 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 testing the condition, properties and functioning of the goods.
10. Note on the protection of minors
In accordance with the Youth Protection Act, we do not sell wine to young people under the age of 16. Spirits are not sold to young people under 18 years. The buyer confirms with the submission of the order that he has the required age according to the Youth Protection Act.