General terms and conditions
1. Scope of the terms and conditions
1.1. All deliveries and services provided by Weingut Bär GmbH & Co KG, called “Weingut Bär”, to consumers are made exclusively on the basis of the following general terms and conditions in the version valid at the time of ordering.
1.1.1. Customers within the meaning of these terms and conditions are consumers. A consumer is any natural person who concludes a legal transaction for purposes which, for the most part, cannot be attributed to their commercial or independent professional activity.
1.1.2. Only restaurants and retailers are supplied at our B2B conditions and within the framework of our general terms and conditions for companies. Companies are a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity. Conditions and general terms and conditions will be provided separately upon request.
2. Contract language, contract text storage
2.1. The language available for concluding the contract is German.
2.2. Due to the system, the contract text is not saved. However, you are free to print out the relevant page of the online shop using the print function of your browser during the ordering process.
3. Offer & Conclusion of Contract
3.1. The purchase contract is concluded with Weingut Bär GmbH & Co. KG, called “Weingut Bär”, owner Peter Bär, Gabi Bär & Hermann Bär, Koblenzer Straße 15, 55422 Bacharach, Germany.
3.2. The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalog. You can first add our products to the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided for this purpose in the order process. The contract is concluded when you click on the order button, “Order for a fee”, and accept the offer for the goods contained in the shopping cart. Immediately after submitting the order, you will receive a confirmation by email. This does not yet represent an acceptance of a contract. We can accept your order by sending an order confirmation by email or by delivering the goods within five days.
3.3. It is possible to ask Weingut Bär about a specific item by telephone or e-mail. After receiving such a request, Weingut Bär will send you a corresponding offer by e-mail or telephone. A contract is only concluded when you accept this offer.
3.4. The prerequisite for the conclusion of a contract between Weingut Bär and you is that you are 18 years of age or older at the time the contract is concluded.
3.5. Goods can only be reserved in connection with direct invoicing.
4. Delivery restrictions, delivery of subsequent vintages and limited wines
4.1. Weingut Bär expressly reserves the right to limit ordered quantities. This is used for the balanced allocation of naturally limited quantities of products. In this case, you will be informed immediately.
4.2. Stocks of some exclusive products and older volumes are limited. These are only sold in conjunction with an appropriate order quantity of younger, sufficiently available wines.
4.3. If the volume you ordered is no longer available, we will inform you immediately. If you sell out a volume without further notice, please note this separately on the order.
4.4. Please request limited edition wines in advance, some of which are only available as individual bottles. For this reason, we must keep these offers subject to change in every respect. We must reserve the right to set quotas. We expressly reserve the right to allocate or not sell limited edition wines. In individual cases, this also applies if you have received an order confirmation from our shop system. Please note that Weingut Bär only confirms receipt of your order, not the allocation of the individual wines. An allocation, and the associated conclusion of a contract, only takes place when the bottles are shipped to you by Weingut Bär.
5. Self-delivery reservation
5.1. If the ordered product is not available because we are not being supplied with this product by our supplier through no fault of our own, we may withdraw from the contract. In this case, we will immediately inform you and, if necessary, suggest the delivery of a comparable product.
5.2. If no comparable product is available or if you do not wish a comparable product to be delivered, we will reimburse you for any consideration you have already paid. The burden of proof of a lack of delivery by our supplier lies with us.
6. Bottle illustrations, descriptions
6.1. Please note that the bottle illustrations in the online shop are only sample illustrations. Packaging and gift boxes are only part of the product if this is explicitly stated.
7. Commissioned goods
7.1. We also deliver goods for your event on commission. Weingut Bär will advise you on a selection in advance. Please note the following:
7.1.1. The period from purchase to return (unless otherwise agreed in writing) is a maximum of 7 days.
7.1.2. The wines are temporarily stored in such a way that their quality is not impaired.
7.1.3. The wines will only be returned in undamaged original packaging (cardboard or wooden box), as well as undamaged labels and capsules.
7.1.4. Returns are made by the customer only by appointment and at the buyer's expense. The statutory right of withdrawal remains unaffected by this for consumers.
8. Prices and price lists
8.1. Unless otherwise agreed in writing, our prices are per bottle ex Bacharach warehouse, including value added tax at the current rate of the country of delivery. Transport and packaging costs are calculated in accordance with the delivery terms of these general terms and conditions.
8.2. The prices listed in our regular publications include the statutory VAT allocation of individual wines, intermediate sales and subject to errors. Please note that the offer prices are only valid for a limited period of time. The date of receipt of the order applies in each case. With the publication of a new price list, all previous price lists and offers lose their validity.
9. Terms of delivery & delivery period
9.1. As standard, shipments are sent with the parcel service of our choice. National shipping is usually carried out by DHL. UPS is generally responsible for transport across Europe.
9.2. From an order value of €150.00 or 12 0.75l bottles for shipments within Germany, Weingut Bär bears
the shipping costs. Below this amount or number of bottles, shipping costs of €9.90 will be charged. The exceptions are orders with a number of bottles of more than 18 0.75l bottles or special sizes such as magnum bottles. We may inform you of any different delivery costs before shipping. For shipments to other European countries, Weingut Bär charges a flat delivery cost of €30.00.
9.3. For shipments to other European countries, delivery is free of charge from an order value of €350.00. For orders under €350.00, shipping plus freight costs of €30.00. The exceptions are orders with a number of bottles of more than 12 0.75l bottles or special sizes such as magnum bottles. We may inform you of any different delivery costs before shipping.
9.4. The delivery time of the ordered goods (s) is approximately 1-3 working days nationally and approximately 3-7 working days across Europe from the conclusion of the contract. At temperatures above 25°C, attempts are made to withhold shipments from shipping so that the ordered bottles are not damaged by temperature. If you wish to do so, please send us a message.
9.5. If you are in default of acceptance or if you violate other obligations to cooperate, Weingut Bär is entitled to claim the damage caused, including any additional charges. In this case, the risk of accidental loss or accidental deterioration of the purchased item is also transferred to you at the time when you are in default of acceptance.
10. Payment
10.1. PayPal and payment on site at our winery in Bacharach are accepted for payment of the order. First orders are delivered against payment in advance. The goods remain our property until full payment has been made. The place of fulfilment for payment is Bacharach.
10.3. PayPal Plus As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment instruction to PayPal.
10.4. If you have chosen the PayPal payment method, in order to be able to pay the invoice amount, you must be registered there or register first and authenticate with your login details. The payment transaction is automatically carried out by PayPal immediately after confirmation of the payment instruction.
10.5. Credit card via PayPal If you have chosen the credit card payment method, you do not need to be registered with PayPal in order to be able to pay the invoice amount. The payment transaction will be carried out immediately after confirmation of the payment instruction and after your identification as the legal card holder by your credit card company upon request from PayPal and your card will be charged.
10.6. Direct debit via PayPal If you have chosen the payment method direct debit, you do not have to be registered with PayPal in order to be able to pay the invoice amount. By confirming the payment order, you grant PayPal a direct debit mandate. PayPal will inform you of the date of the account charge (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment instruction, PayPal asks its bank to initiate the payment transaction. The payment transaction is carried out and your account is charged.
10.7. Invoice via PayPal If you have chosen the payment method invoice, you do not need to be registered with PayPal in order to be able to pay the invoice amount. After successful address and credit check and submission of the order, we transfer our claim to PayPal. In this case, you can only make payments to PayPal with debt-relieving effect. Payment processing via PayPal is subject — in addition to our terms and conditions — PayPal's terms and conditions and privacy policy. Further information and PayPal's full terms and conditions for purchase on account can be found here (https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE).
10.8.Payments via Klarna In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, WEINBÄR offers the above payment options via Klarna. Payment is made to Klarna in each case: The use of the payment methods invoice, installment purchase and direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit check as part of initiating the purchase and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use can be found here. General information about Klarna is available here. Your personal information will be handled by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's privacy policy. For more information about payment options via Klarna, please visit https://www.klarna.com/de/kundenservice/csc/produkte-services/zahlungsmoeglichkeiten/.
