Applicability
These terms and conditions apply to all purchases made by private customers from Weinhandel und Zubehör Janik Ricke [Impressum].
Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany, provided that the goods ordered by them cannot be attributed to their commercial or independent professional activity.
Formation of contract
The presentation of our goods and the granting of the opportunity to place an order represents a concrete offer on our part to conclude a purchase contract.
By placing your order, you accept the offer and the purchase contract is concluded.
You will receive an order confirmation by e-mail to the e-mail address you have provided.
Prices and shipping costs
The prices shown are final prices including VAT. The amount shown at the time of the binding order applies. Shipping costs are added, which depend on the shipping method and the size and weight of the item(s) you have ordered. You can find out about the details under [Shipping methods].
Payment
Die Bezahlung erfolgt bei Lieferung mittels
– direct debit
– Prepayment
– Giropay
– Paydirekt
– PayPal
Default of payment
If you are in default of payment, Weinhandel und Zubehör Janik Ricke is entitled to demand default interest in the amount of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If Weinhandel und Zubehör Janik Ricke can prove that it has incurred higher damages due to default, Weinhandel und Zubehör Janik Ricke is entitled to claim these.
Right of retention
The customer is only authorised to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
Shipping
(1) Delivery shall be made to the delivery address specified by the customer, within
- Germany (only German mainland, no special shipping zones)(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, Weinhandel und Zubehör Janik Ricke’s obligation to perform is excluded. Amounts already paid will be reimbursed by Weinhandel und Zubehör Janik Ricke without delay.
(3) Weinhandel und Zubehör Janik Ricke may also refuse performance if this requires an effort that is grossly disproportionate to the customer’s interest in the fulfilment of the purchase contract, taking into account the content of the purchase contract and the requirements of good faith. Any amounts already paid will be refunded by Weinhandel und Zubehör Janik Ricke without delay.
(4) Bulky goods (packages with a volume greater than 1 square metre) are generally delivered by a forwarding agent. Weinhandel und Zubehör Janik Ricke expressly points out that these goods are not carried into the house.
Favourable shipping method for returns
When returning the goods and accessories, please use the original packaging if possible, even if it has been damaged by being opened for functional testing.
Reservation of ownership
The delivered goods remain the property of Weinhandel und Zubehör Janik Ricke until all claims against the customer arising from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell the goods nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.
Warranty rights
(1) Weinhandel und Zubehör Janik Ricke shall, at the customer’s discretion, replace a defective product (warranty case) with a defect-free product or have it professionally repaired (subsequent fulfilment) at the expense of Weinhandel und Zubehör Janik Ricke. The customer is advised that there is no warranty case if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in the following cases in particular:
a) in the case of damage caused to the customer by misuse or improper use,
b) in the case of damage caused by the products being exposed to harmful external influences on the customer’s premises (in particular extreme temperatures, moisture, exceptional physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) Weinhandel und Zubehör Janik Ricke also accepts no liability for a defect caused by improper repair by a service partner not authorised by the manufacturer.
(3) If the type of subsequent fulfilment requested by the customer (replacement delivery or repair) requires an expense that is grossly disproportionate to the customer’s interest in performance in view of the product price, taking into account the content of the contract and the requirements of good faith – whereby in particular the value of the object of purchase in defect-free condition, the significance of the defect and the question of whether the other type of subsequent fulfilment can be resorted to without significant disadvantages for the customer must be taken into account – the customer’s claim shall be limited to the other type of subsequent fulfilment in each case. The right of Weinhandel und Zubehör Janik Ricke to also refuse this other type of subsequent fulfilment under the aforementioned condition remains unaffected.
(4) Both in the case of repair and in the case of replacement delivery, the customer is obliged to send the product to the return address specified by Weinhandel und Zubehör Janik Ricke at the expense of Weinhandel und Zubehör Janik Ricke, stating the order number. Before sending in the product, the customer must remove any objects inserted by him from the product. Weinhandel und Zubehör Janik Ricke is not obliged to inspect the product for the installation of such objects. Weinhandel und Zubehör Janik Ricke shall not be liable for the loss of such objects, unless it was readily recognisable to Weinhandel und Zubehör Janik Ricke upon return of the product that such an object had been inserted into the product (in this case, Weinhandel und Zubehör Janik Ricke shall inform the customer and hold the object ready for collection by the customer; the customer shall bear the costs incurred). Before sending in a product for repair or replacement, the customer must also make separate backup copies of the system software on the product, the applications and all data on a separate data carrier and deactivate all passwords. No liability is accepted for loss of data. It is also the customer’s responsibility to install the software and data and reactivate the passwords after the repaired product or the replacement product has been returned to him.
(5) If the customer sends in the goods in order to receive a replacement product, the return of the defective product shall be subject to the following conditions: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the use made of them. The customer must pay compensation for any loss or further deterioration of the goods not caused by the defect and for the impossibility of returning the goods in the period between delivery of the goods and return of the goods not caused by the defect. The customer is not obliged to pay compensation for any deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for the value shall not apply to the return of a defective product in the event of a warranty claim,
a) if the defect entitling the customer to withdraw from the contract only became apparent during processing or remodelling,
b) if Weinhandel und Zubehör Janik Ricke is responsible for the deterioration or destruction or if the damage would also have occurred at Weinhandel und Zubehör Janik Ricke,
c) if the deterioration or loss has occurred at the customer’s premises, although the customer has exercised the care that he is used to exercising in his own affairs.
(6) The customer’s liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible shall be governed by the statutory provisions.
(7) The customer may, at his discretion, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not led to a contractual condition of the product within a reasonable period of time.
(8) In addition, there may also be claims against the manufacturer within the framework of a guarantee granted by the manufacturer, which are governed by the corresponding guarantee conditions.
(9) The statutory warranty of Weinhandel und Zubehör Janik Ricke ends two years after delivery of the goods. The period begins with the receipt of the goods.
Liability
(1) In the event of slight negligence, Weinhandel und Zubehör Janik Ricke shall only be liable in the event of a breach of material contractual obligations and limited to the foreseeable damage. This limitation shall not apply in the event of injury to life, limb or health. Weinhandel und Zubehör Janik Ricke is not liable for other damages caused by slight negligence due to a defect in the object of purchase.
(2) Irrespective of any fault on the part of Weinhandel und Zubehör Janik Ricke, liability on the part of Weinhandel und Zubehör Janik Ricke for fraudulent concealment of the defect or from the assumption of a guarantee remains unaffected. The manufacturer’s guarantee is a guarantee of the manufacturer and does not represent an assumption of a guarantee by Weinhandel und Zubehör Janik Ricke.
(3) Weinhandel und Zubehör Janik Ricke is also responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would also have occurred if delivery had been made on time.
(4) The personal liability of the legal representatives, vicarious agents and employees of Weinhandel und Zubehör Janik Ricke for damage caused by them through slight negligence is excluded.
Applicable law
The contract concluded between you and Weinhandel und Zubehör Janik Ricke is subject exclusively to the law of the Federal Republic of Germany, expressly excluding the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the country in which you have your habitual residence remain unaffected.
Court of jurisdiction
If, contrary to your statements when placing the order, you do not have a place of residence in the Federal Republic of Germany or move your place of residence abroad after conclusion of the contract or your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is the Federal Republic of Germany.
Protection of minors
If goods are purchased that are subject to the protection of minors, age verification is carried out using suitable measures to check the identity and age of the purchaser. The goods will only be handed over if the customer can prove that they are of legal age.
Dispute resolution
General information obligations for alternative dispute resolution in accordance with Art. 14 para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Final clauses
(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract, insofar as a contractual partner is not unreasonably disadvantaged by this.
(2) Amendments or additions to this contract must be made in writing.