GENERAL TERMS AND CONDITIONS
I. General Part
1. Preamble
1.1. The following General Terms and Conditions (“GTC”) govern the contractual relationship between us, the commercial entity
Mönchhof GmbH & Co. KG
Mönchhof
54539 Ürzig, Germany
Managing Directors: Mr Simon Adrian and Mr Klaus März
and our customers.
You can reach us at:
Phone: +49 6532 93164
Fax: +49 6532 93166
Email: info@moenchhof.de
1.2. The contract language is German.
2. Definitions
2.1. A “merchant” is either a person who operates a commercial business or a person who has their business name entered in the commercial register.
2.2. A “commercial business” is any business operation unless the nature or scope of the enterprise does not require a business organisation conducted in a commercial manner.
2.3. An “entrepreneur” 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 self-employed professional activity.
2.4. A “consumer” is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity.
2.5. A “guest” is a natural person accommodated for a limited period in return for payment. The “booking guest” is the guest who completes the booking process and receives the booking confirmation.
2.6. An “innkeeper” is a natural or legal person who commercially accommodates third parties.
2.7. A “guest accommodation agreement” is an agreement for the paid provision of accommodation for lodging.
2.8. A “distance contract” within the meaning of these GTC is a contract for the delivery of goods or provision of services concluded between an entrepreneur and a consumer exclusively using means of distance communication, unless the conclusion of the contract does not take place within the framework of an organised distance-selling or service system.
2.9. “Means of distance communication” are means used to initiate or conclude a contract between a consumer and an entrepreneur without the simultaneous physical presence of the parties, in particular letters, catalogues, telephone calls, faxes, emails, as well as broadcasting, telecommunications and media services.
2.10. The “contract text” within the meaning of these GTC consists of the product description on our website and the content of the online order. The order confirmation sent by us via the online portal does not itself constitute the contract text; it merely confirms receipt of the order.
2.11. “Text form” is a legible statement that identifies the person making the statement and is made on a durable medium.
2.12. A “durable medium” is any medium that enables the recipient to store or save a statement addressed personally to them in such a way that it is accessible for a period appropriate for its purpose and capable of being reproduced unchanged.
2.13. “Business premises” are immovable commercial premises where the entrepreneur carries out their activity permanently, and movable commercial premises where the entrepreneur usually carries out their activity. Premises where a person acting in the name of or on behalf of the entrepreneur carries out their activity permanently or usually are considered equivalent to the entrepreneur’s premises.
3. Contractual parties / Contractual penalty in case of misrepresentation of customer eligibility
3.1. We accept as customers legal persons, partnerships and natural persons with unrestricted legal capacity.
3.2. If minors are accepted as contracting parties, they are excluded as contracting parties for contracts concerning spirits, spirit-containing beverages or foods containing spirits in more than negligible quantities. Contracts for other alcoholic beverages are in any case not concluded with children or young persons under 16 years of age. We reserve the right to verify the contracting party’s age by suitable evidence and verification procedures and may request a copy of an identity document.
3.3. Customers are obliged to provide truthful information when ordering and not to pass on passwords to third parties.
3.4. If customer eligibility is misrepresented, no contract is concluded. Instead, the parties agree on a contractual penalty of 5% of the contract price that the non-authorised customer would have had to pay. The customer may prove that no damage occurred or that the damage was significantly lower than the lump sum.
4. Scope of these GTC
4.1. These GTC apply exclusively to all contracts, deliveries and other services.
4.2. We do not recognise conflicting or deviating terms and conditions.
4.3. If the customer is a merchant, these GTC also apply to all future business relationships, even if not expressly agreed again.
4.4. We are entitled at any time to amend or supplement these GTC. Customers have the right to object. If the objection is not made in text form within four weeks after receipt of the notice of amendment, the amended terms shall become effective. Customers will be informed in text form at the start of the period that the notice of amendment is deemed accepted if no objection is made within four weeks.
5. Reservation of the right to make changes
5.1. We reserve the right to change the promised services or deviate from them if, taking our interests into account, the change or deviation is reasonable for the customer. A change or deviation is reasonable if the customer is not placed in a worse or better position, or if the service is not materially altered. This may apply, for example, if the ordered vintage is no longer available and the subsequent vintage does not differ materially in quality and price.
6. Withdrawal information
6.1 Right of withdrawal
Consumers have the right to withdraw from a distance contract or a contract concluded outside business premises within fourteen days (one month for eBay and Amazon) without giving reasons. The withdrawal period is fourteen days (one month for eBay and Amazon) from the day on which the consumer, or a third party designated by the consumer who is not the carrier, takes possession of the goods: in the case of a purchase contract; or, in the case of multiple goods ordered in a single order and delivered separately, the last good; or, in the case of delivery of a good in several consignments or pieces, the last consignment or piece.
To exercise the right of withdrawal, consumers must inform us
Mönchhof GmbH & Co. KG
Mönchhof
54539 Ürzig, Germany
Managing Directors: Mr Simon Adrian and Mr Klaus März
Phone: +49 6532 93164
Fax: +49 6532 93166
Email: info@moenchhof.de
by means of a clear statement (e.g. a letter sent by post, fax or email) of their decision to withdraw from this contract. Consumers may use the attached withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for consumers to send the notification concerning the exercise of the right of withdrawal before the withdrawal period has expired.
6.2 Consequences of withdrawal
If consumers withdraw from this contract, we shall reimburse all payments received from them, including delivery costs (except for additional costs arising from the consumer choosing a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive the notification of withdrawal. We shall use the same means of payment as the consumer used for the original transaction unless expressly agreed otherwise; in no case will the consumer be charged fees for this reimbursement.
We may withhold reimbursement until we have received the goods back, or until the consumer has provided evidence that the goods have been sent back, whichever is earlier.
Consumers must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which they notify us of withdrawal. The deadline is met if the goods are sent before the period of fourteen days has expired.
Consumers bear the direct costs of returning the goods. For goods that cannot be returned by parcel, the costs are estimated at a maximum of approximately EUR 150.00.
Consumers are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
7. Conclusion of contract / Storage of contract text and GTC
7.1 In our online shop
7.1.1. The presentation of products in the online shop constitutes a non-binding invitation to submit an offer.
7.1.2. Customers submit an offer by completing the ordering process and clicking “Place order with obligation to pay” at the end.
7.1.3. We may accept the customer’s offer within 5 days orally, in writing, in text form or by conclusive conduct. The purchase contract is concluded either by explicit declaration or by dispatch of the products; acceptance occurs upon receipt of the order confirmation or upon receipt of the goods by the customer. If customers pay the purchase price by SEPA transfer to the payment service provider’s bank account (“prepayment”), the payment request issued in advance is deemed acceptance. If customers pay by credit card, prepayment, PayPal or giropay / paydirekt, the purchase contract is concluded upon successful completion of the ordering process.
7.1.4. The contract text and these GTC are stored and transmitted to consumers by email.
7.2 For contracts not concluded outside business premises within the meaning of § 312b German Civil Code (BGB)
7.2.1. The presentation of products constitutes a non-binding invitation to submit an offer (order).
7.2.2. Customers may submit an offer orally, in writing, in text form or by conclusive conduct.
7.2.3. We may accept the offer orally or by order/booking confirmation in writing or text form, or by delivery.
8. Liability
8.1. We exclude liability for slightly negligent breaches of duty, unless damages arise from injury to life, body or health, or claims under the Product Liability Act are affected, or guarantees are involved. Liability for breach of duties essential to the proper performance of the contract and on whose compliance the customer may regularly rely (material contractual obligations) remains unaffected.
8.2. In the event of negligently caused property and financial damage, we are liable only in the event of breach of a material contractual obligation, limited in amount to the foreseeable and typical damages at the time the contract was concluded.
8.3. The same applies to breaches of duty by our vicarious agents.
9. Set-off prohibition
Entrepreneurs are not entitled to set off their own claims against our payment claims unless the claims are undisputed or have been finally adjudicated.
10. Right of retention
Entrepreneurs may exercise a right of retention only insofar as their counterclaim arises from the same contractual relationship.
11. Severability clause (partial invalidity)
If any provision is invalid, the validity of the remaining provisions shall remain unaffected.
12. Out-of-court dispute resolution
In the event of disputes arising from online sales contracts or online service contracts, an Online Dispute Resolution platform provided by the European Union may be used, insofar as it is actually made available by the EU. The platform is intended to be accessible here: http://ec.europa.eu/consumers/odr/
Our email address is: info@moenchhof.de
13. Applicable law, place of jurisdiction and ancillary agreements
13.1. The contract, including these GTC, is governed by the substantive law of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) does not apply. This choice of law does not apply if mandatory provisions of the law of the state in which the consumer has their habitual residence would otherwise be deprived.
13.2. In the event of legal disputes, our registered office is the place of jurisdiction if
13.2.1. the customer is a merchant, or
13.2.2. the customer has no general place of jurisdiction in Germany, or
13.2.3. the customer is a legal entity under public law.
We are also entitled to bring an action in any other legally permissible place of jurisdiction.
13.3. No ancillary agreements have been made.
II. Special Part: Purchase Contracts
1. Delivery conditions / shipping costs
1.1. We deliver exclusively within Germany, excluding the islands.
1.2. Delivery dates stated by the customer in the order require our confirmation to be binding.
1.3. For prepayment, the delivery period begins on the day after the payment order is issued to the transferring credit institution; for other payment methods, on the day after the contract is concluded. It ends at the end of the last day of the period. If the last day falls on a Saturday, Sunday or a public holiday recognised at the place of delivery, the next working day shall take its place.
1.4. Delivery shall be made no later than 7 days after receipt of payment.
1.5. Packaging and shipping costs are charged separately and stated. The exact costs result from the product description. Unless otherwise stated, shipping costs are: EUR 8.90 per order. From an order of 12 bottles, shipping is free of charge. Orders in our shop are only possible within Germany.
2. Duty to inspect and notify defects (merchants)
2.1. If the purchase is a commercial transaction for both parties, the buyer must inspect the goods without undue delay after delivery and notify the seller without undue delay if a defect is discovered.
2.2. If the buyer fails to notify, the goods are deemed approved unless the defect was not recognisable during inspection.
2.3. If such a defect appears later, notification must be made without undue delay after discovery; otherwise the goods are deemed approved in respect of this defect as well.
2.4. If we fraudulently concealed the defect, we cannot invoke these provisions.
3. Warranty / limitation period
3.1. Statutory warranty rights apply unless otherwise determined.
3.2. If the delivered item does not have the agreed quality, is not suitable for the intended use under the contract, is not suitable for ordinary use, or does not have the usual quality for items of the same type that the customer may expect, or lacks characteristics expected based on our public statements, we are obliged to provide subsequent performance.
3.3. Subsequent performance is provided, at the customer’s choice, either by remedying the defect (repair) or by delivering new goods.
3.4. We may refuse subsequent performance in accordance with § 275 (2) and (3) BGB if it is only possible at disproportionate cost.
3.5. Customers may assert claims for damages due to a defect only after subsequent performance has failed. This does not affect the right to further claims for damages in accordance with the section “Liability”.
3.6. For consumers, the limitation period for new goods is two years from delivery; for used goods one year from delivery. This does not apply to claims for damages and reimbursement of expenses according to “Liability”.
3.7. For entrepreneurs, the limitation period for new goods is one year from transfer of risk; for used goods, warranty is excluded. This does not apply to claims for damages and reimbursement of expenses according to “Liability”. Recourse rights under §§ 478, 479 BGB remain unaffected; limitation is five years from delivery of the defective item.
3.8. Please note: The crystallisation of tartaric crystals is a completely natural phenomenon.
4. Payment terms
4.1. Unless agreed otherwise, we accept payment by prepayment.
5. Retention of title
5.1. The contractual item remains our property until paid in full.
5.2. For merchants, the goods remain our property until all claims arising from the business relationship have been settled in full. We undertake to release securities to which we are entitled upon the customer’s request insofar as the realisable value of our securities exceeds the claims to be secured by more than 20%; selection is at our discretion.
5.3. Customers are entitled to resell goods subject to retention of title. The customer hereby assigns to us all claims from resale of the delivered reserved goods in the amount of the invoice final amount (including VAT) of our claims, including all ancillary rights, ranking ahead of the customer’s other claims. This applies regardless of whether the goods were resold without or after processing/mixing/combining. We accept the assignment. After assignment, the customer remains authorised to collect the claim, notwithstanding our own right to collect. We undertake not to collect the claim ourselves as long as the customer meets payment obligations properly and is not in default, and in particular no application has been made to open insolvency or composition proceedings. If this is not the case, we may require the customer to disclose the assigned claims and their debtors, hand over all documents necessary for collection, and notify the debtors/third parties of the assignment.
5.4. Processing of reserved goods or goods under our security ownership by the customer is always carried out in our name and on our behalf without creating liabilities for us. If processing is carried out together with items not belonging to the customer, we acquire co-ownership of the new item in the ratio of the value of the goods delivered by us (invoice final amount incl. VAT) to the other processed items at the time of processing. The same applies if the customer acquires sole ownership through the activities described above. Storage for us is free of charge. If the purchased item is inseparably mixed with other movable items not belonging to us, we acquire co-ownership of the new item in the ratio of the value of the goods delivered for us (invoice final amount incl. VAT) to the other mixed items at the time of mixing. If the customer’s item is to be regarded as the principal item, it is agreed that the customer transfers co-ownership to us proportionately. The customer stores the resulting sole or co-ownership for us free of charge.
III. Special Part: Events
1. Events
1.1. We reserve the right to cancel events taking place on our premises at short notice or to postpone them to another date. Customers will be informed without undue delay. Purchased tickets remain valid.
1.2. Customers may rebook to another date free of charge up to 14 days before the event date. In case of later cancellation or non-attendance, the purchased ticket can no longer be used for another date. Customers may, however, name a substitute participant at any time and transfer the ticket to them. In both cases, a refund of fees already paid is not possible.
IV. Special Part: Rental of holiday apartments or guest rooms
1. Contract conclusion for travel contracts
The contract is concluded between the guest and us. If a third person makes the booking for the guest, that person is jointly and severally liable with the guest for all claims arising from the contractual relationship, provided we have a corresponding declaration from the person placing the order. The person placing the order undertakes to forward the booking confirmation and the General Terms and Conditions to the guest.
2. Services, prices and payment
2.1. Prices are taken from our brochure and/or our website. Incidental costs are included in the prices.
2.2. The services owed by us result from the booking confirmation together with the presentation in the valid brochure and/or on the website.
2.3. We undertake to provide the holiday apartment booked by the guest in the agreed condition in accordance with statutory provisions or customary market rules and to provide the agreed services. We are obliged to procure alternative equivalent accommodation or pay damages if we cannot provide the confirmed accommodation. This is excluded in cases of force majeure.
2.4. Upon conclusion of the contract, we may require a deposit of 20% of the total price, but at least EUR 100.00. The request for the deposit will be made with the booking confirmation. The remaining amount must be paid no later than seven days before arrival. In the case of short-notice bookings within seven days before arrival, the total price must be paid before the stay begins.
3. Cancellation
3.1. The guest may withdraw from the contract. Withdrawal must be in text form and becomes effective upon receipt by us.
3.2. In the event of cancellation, the guest must pay the following compensation:
10% of the total price up to the 31st day before the start of travel,
20% of the total price up to the 21st day before the start of travel,
40% of the total price up to the 12th day before the start of travel,
60% of the total price up to the 3rd day before the start of travel,
80% of the total price from the 3rd day before the start of travel,
100% in the event of no-show, less any expenses saved by us.
3.3. The guest may prove that no costs were incurred, or that costs were lower than the lump sums claimed. In that case, the guest shall bear only the actually incurred costs.
3.4. We endeavour to rent the booked holiday apartment to someone else in order to keep the guest’s loss as low as possible.
3.5. Taking out travel cancellation insurance is strongly recommended.
4. Arrival and departure
4.1. Unless otherwise agreed, the apartment is available to the guest from 2:00 p.m. on the day of arrival.
4.2. Unless otherwise agreed, the guest must vacate the holiday apartment by 11:00 a.m. on the day of departure.
5. Liability
5.1. We are liable for loss, destruction and damage to items brought by the guest into the holiday apartment during the accommodation period. Liability is limited to 100 times the accommodation price for one day, but at most EUR 3,500.00; for money, securities and valuables at most EUR 800.00.
5.2. Liability for vehicles, items left in vehicles, and live animals is excluded.
5.3. Liability is excluded if loss, destruction or damage is caused by the guest, a person accepted by the guest, the nature of the item, or force majeure.
5.4. We are liable without limitation if loss, destruction or damage is caused intentionally or by gross negligence on our part or by persons attributable to our hospitality operation.
5.5. The guest is liable for damage caused in or to the holiday apartment by the guest or persons attributable to them.
6. Notice of defects
The guest must notify us of complaints without undue delay. If the guest culpably fails to give notice, they have no claims for reduction of rent. Statutory provisions apply.
7. Pets
Bringing pets is permitted.
V. Withdrawal form
Mönchhof GmbH & Co. KG
Mönchhof
54539 Ürzig, Germany
Managing Directors: Mr Simon Adrian and Mr Klaus März
Fax: +49 6532 93166
Email: info@moenchhof.de
I/We hereby withdraw from the contract concluded by me/us for the purchase of the following goods:
Ordered on / received on: _____________________________
Name of consumer(s): ________________________________
Address of consumer(s): ______________________________
Signature of consumer(s): ____________________________
Date: _____________________________________________