Terms and conditions of sale
General Terms and Conditions with Customer Information
- Scope of Application
- Offers and Service Descriptions
- Ordering Process and Conclusion of Contract
- Prices and Shipping Costs
- Delivery, Product Availability
- Payment Methods
- Retention of Title
- Customer Account
- Warranty for Material Defects and Guarantee
- Liability
- Storage of Contract Text
- Final Provisions
1. Scope of Application
1.1. The following General Terms and Conditions in their current version at the time of ordering exclusively apply to the business relationship between CAVE DES MONTAGNES, Owner: Arnaud Djoumbou, Olgastrasse 12, 73262 Reichenbach an der Fils (hereinafter referred to as the “Seller”) and the customer (hereinafter referred to as the “Customer”).
1.2. A consumer within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal personality who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.3. Any differing conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.
2. Offers and Service Descriptions
2.1. The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs as well as on the seller’s websites do not constitute a representation or guarantee.
2.2. All offers are subject to availability (“while stocks last”), unless otherwise stated for specific products. Errors and omissions excepted.
3. Ordering Process and Conclusion of Contract
3.1. The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart by clicking the button. Within the shopping cart, the product selection can be changed, for example, deleted. Subsequently, the customer can proceed to complete the ordering process within the shopping cart by clicking the button Proceed to Checkout.
3.2. By clicking the button to place a binding order, the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time, and can return to the shopping cart using the browser function “back” or cancel the ordering process altogether. Mandatory information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic acknowledgment of receipt by email, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the offer. The purchase contract is only concluded when the seller has dispatched, handed over, or confirmed the dispatch of the ordered product to the customer within 2 days, or has confirmed it by a second email, explicit order confirmation, or by sending the invoice. Acceptance can also be made by a payment request addressed by the seller to the customer, and at the latest by the completion of the payment process. In the case of multiple acceptance processes, the earliest acceptance time is decisive. If the seller does not accept the customer’s offer within the acceptance period, no contract is concluded, and the customer is no longer bound to his offer.
3.4. In the case of customers who are businesses, the aforementioned deadline for dispatch, handover, or order confirmation is seven days instead of two.
3.5. If the seller enables payment in advance, the contract is concluded with the provision of the bank details and payment request. If the payment is not received by the seller by the deadline, even after a renewed request, within 10 calendar days of the dispatch of the order confirmation, the seller withdraws from the contract, with the consequence that the order is canceled, and the seller is not obliged to deliver. The order is then deemed completed for the buyer and seller without further consequences. Therefore, a reservation of the item for advance payments is valid for a maximum of 10 calendar days.
4. Prices and Shipping Costs
4.1. All prices stated on the seller’s website are inclusive of the respective applicable statutory value-added tax.
4.2. In addition to the prices stated, the seller charges shipping costs for delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and during the ordering process.
5. Delivery, Product Availability
5.1. If advance payment has been agreed, delivery will be made after receipt of the invoice amount.
5.2. If delivery of the goods fails due to the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be promptly refunded to the customer.
5.3. If the ordered product is not available because the seller is not supplied with this product by its supplier without its own fault, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will promptly refund any consideration already provided by the customer.
5.4. Customers will be informed about delivery times and delivery restrictions (e.g., restrictions on deliveries to certain countries) on a separate information page or within the respective product description.
5.5. In the case of customers who are businesses, the risk of accidental loss and deterioration of the goods passes to the buyers as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment; the specified delivery dates and deadlines are non-binding, unless otherwise agreed or stipulated.
5.6. Delivery and performance delays due to force majeure and unforeseeable events that substantially hinder or make delivery impossible for the seller are not the responsibility of the seller, even with bindingly agreed deadlines and dates. In this case, the seller is entitled to postpone the delivery or performance for the duration of the hindrance plus a reasonable lead time. The right to postpone the deadline also applies to customers who are businesses in cases of unforeseeable events affecting the operations of a supplier and are neither attributable to the supplier nor to the seller. During this hindrance, the customer is also released from its contractual obligations, especially payment. If the delay is unreasonable for the customer, the customer may, after setting a reasonable deadline or after mutual consultation with the seller, withdraw from the contract by written declaration.
6. Payment Terms
6.1. The customer can choose from the available payment methods within the scope and before the conclusion of the ordering process. Customers will be informed about the available payment methods on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are commissioned with payment processing, such as PayPal, their general terms and conditions apply.
6.4. If the payment deadline is determined by the calendar, the customer is in default merely by missing the deadline. In this case, the customer is obligated to pay the statutory default interest.
6.5. The customer’s obligation to pay default interest does not preclude the seller from claiming further damages for default.
6.6. The customer is only entitled to set-off if their counterclaims have been legally established or acknowledged by the seller. The customer can only exercise a right of retention to the extent that the claims arise from the same contractual relationship.
7. Retention of Title
Until full payment has been made, the delivered goods remain the property of the seller. For customers who are entrepreneurs, the following additional provisions apply: The seller reserves ownership of the goods until all claims arising from an ongoing business relationship have been settled in full; the buyer is obliged to treat the purchased item with care until ownership has passed to them. In particular, they are obliged, if reasonable or customary, to insure the item against theft, fire, and water damage at their own expense up to the replacement value. If maintenance and inspection work needs to be carried out, the buyer must do so in a timely manner at their own expense. The processing or transformation of the reserved goods by the customer is always carried out for the seller. If the reserved goods are processed with other items not belonging to the seller, the seller acquires co-ownership of the new item in proportion to the value of the reserved goods to the other processed items at the time of processing. The same applies to the item resulting from processing as to the reserved goods. The customer also assigns the claims to secure the claims against them that arise from the connection of the reserved goods with a piece of real estate to a third party. Third-party access to goods owned or co-owned by the seller must be reported to the customer without delay. The costs incurred by such interventions, such as legal fees for a third-party action or costs for an out-of-court release, are borne by the customer. The customer is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all claims arising from resale or other legal grounds relating to the reserved goods (including all balance claims from current account) to the seller in full as a security. The seller authorizes the customer to collect the claims assigned to the seller for their account and in their own name. This collection authorization can be revoked if the customer does not fulfill their payment obligations properly. The seller undertakes to release the securities to which the seller is entitled upon request of the customer if their total value exceeds the sum of all outstanding claims of the seller from the business relationship by more than 10% (if there is a risk of realization by more than 50%). The selection of the securities to be released is at the discretion of the seller. Upon full payment of all seller’s claims from delivery transactions, ownership of the reserved goods and the assigned claims pass to the buyer. The selection of the securities to be released is at the discretion of the seller.
8. Customer Account
8.1. The seller provides the customer with a customer account. Within the customer account, customers are provided with information about orders and their customer data stored with the seller. The information stored in the customer account is not public.
8.2. Customers can also place an order as a guest without having to create a customer account.
8.3. Customers are obliged to provide truthful information in the customer account and to update the information if necessary due to changes in actual circumstances (e.g., changing email address in case of change, or changing postal address before placing an order). Customers are responsible for any disadvantages resulting from incorrect information.
8.4. The customer account may only be used in accordance with applicable legal provisions, in particular the regulations for the protection of third-party rights, and in accordance with the seller’s terms and conditions, using the access forms provided by the seller and other technical access options. Any other form of use, especially the use of external software such as bots or crawlers, is prohibited.
8.5. Content Responsibility and Measures
Customers are responsible for any content or information (referred to as “Content”) they store, provide, or otherwise post within their customer account. The seller does not endorse the content of the customers. However, depending on the degree of legal risk posed by the content, particularly the risk to third parties, the seller reserves the right to take appropriate measures. These measures, which must meet the criteria of necessity, appropriateness, diligence, objectivity, as well as reasonableness and the interests of all parties, especially the fundamental rights of the customers, may include (partial) deletion of content, action and explanation requests, warnings and admonitions, as well as bans.
8.6. Termination of Customer Account
Customers can terminate their customer account at any time. The seller can terminate the customer account at any time with a reasonable notice period, usually two weeks. The termination must be reasonable for the customer. The seller reserves the right to terminate the account for extraordinary reasons.
8.7. Effects of Termination
From the moment of termination, the customer account and the information stored in the customer account are no longer accessible to the customer. It is the responsibility of the customer to secure their data when terminating the customer account.
9. Warranty for Defects and Guarantee
9.1. The warranty (liability for defects) is determined in accordance with statutory provisions, subject to the following regulations.
9.2. A guarantee exists for goods supplied by the seller only if explicitly provided. Customers are informed about the guarantee conditions before initiating the ordering process.
9.3. If the customer is a business entity, they are required to inspect the goods promptly upon receipt, notwithstanding any legal obligations to notify, and to report any visible defects to the supplier immediately, at the latest within two weeks of delivery, in writing, and any hidden defects immediately, at the latest within two weeks of discovery. Minor deviations in quality, weight, size, thickness, width, equipment, pattern, and color that are permissible according to customary trade standards or quality norms are not considered defects.
9.4. If the customer is a business entity, the choice between rectification or replacement of defective goods is made by the seller.
9.5. Defects in goods generally expire one year after the transfer of risk, without prejudice to the liability regulations of these terms and conditions, for customers who are business entities, unless longer periods are mandatorily prescribed by law, particularly in special provisions for the recourse of the business entity. For used goods, warranty claims by business customers are excluded.
9.6. If the customer, who is a business entity, has installed the defective item according to its nature and intended use into another item or attached it to another item in accordance with § 439 para. 3 BGB, the seller is not obliged, subject to an explicit agreement and without prejudice to the other warranty obligations, to reimburse the customer for the necessary expenses for removing the defective item and installing or attaching the rectified or defect-free item delivered. Accordingly, the seller is also not obligated to reimburse expenses for removing the defective item and installing or attaching the rectified or defect-free item within the scope of recourse by the customer within the supply chain (i.e., between the customer and its customers).
10. Liability
10.1. Without prejudice to other statutory requirements, exclusions, and limitations of liability, the following exclusions and limitations of liability apply to the seller’s liability for damages.
10.2. The seller is liable without limitation in cases of intent or gross negligence.
10.3. Furthermore, the seller is liable for slight negligence in the event of the breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract or the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for foreseeable, typical contractual damages. The seller is not liable for slight negligence in the breach of obligations other than those mentioned in the preceding sentences.
10.4. The above limitations of liability do not apply in case of injury to life, body, and health, for defects after the assumption of a guarantee for the quality of the product, and for maliciously concealed defects. The liability under the Product Liability Act remains unaffected.
10.5. To the extent that the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
11. Storage of the Contract Text
11.1. Prior to placing an order, the customer can print out the contract text by using the print function of their browser in the final step of the ordering process.
11.2. Additionally, the seller will send the customer an order confirmation with all order details to the email address provided by the customer. Along with the order confirmation, or at the latest upon delivery of the goods, the customer will receive a copy of the terms and conditions including the cancellation policy, as well as information on shipping costs and delivery and payment conditions. If you have registered in our shop, you can view your orders in your profile area. Furthermore, we store the contract text, but do not make it accessible on the internet.
11.3. Business customers may receive the contract documents by email, in writing, or by reference to an online source.
12. Final Provisions
12.1. If the buyer is a business entity, the place of performance shall be the seller’s place of business, subject to other agreements or mandatory statutory provisions, while the place of jurisdiction shall be at the seller’s place of business if the customer is a merchant, legal entity under public law, or special fund under public law, or if the buyer does not have a general place of jurisdiction in the country of the seller’s place of business. The seller reserves the right to choose another permissible place of jurisdiction.
12.2. In the case of business customers, the law of the Federal Republic of Germany shall apply, excluding the UN Sales Convention, unless mandatory statutory provisions preclude this.
12.3. The contract language is German.
12.4. European Commission’s Online Dispute Resolution Platform (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
