Terms of Service

Documents are translated automatically. Legally valid is the respective German text.

I General part


1. Preamble
1.1. The following terms and conditions regulate the contractual relationships between us, the commercial ones

Weingut M&C Management GmbH
Mönchhof
54539 Urzig
Managing Director: Mr. Siyu Lin

and customers.

We can be reached at the following contact details:

Telephone: +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 the one who runs a trade or the one who registers the company of his company in the commercial register.
2.2. Any business is a commercial business, unless the type or scope of the company does not require a business operation that is commercially established.
2.3. Entrepreneur is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
2.4. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity.
2.5. A guest is a natural person who is accommodated for a limited time for a fee. The booking guest is a guest who carries out the booking process and receives the booking confirmation.
2.6. An innkeeper is a natural or legal person who commercially accommodates strangers for accommodation.
2.7. A guest accommodation contract is a contract for the provision of accommodation for a fee.
2.8. Distance selling contract within the meaning of these terms and conditions is a contract for the delivery of goods or the provision of services that is concluded between an entrepreneur and a consumer using only means of distance communication, unless the contract is not concluded as part of a distribution organized for distance selling - or service system.
2.9. Long-distance means of communication are means of communication that can be used to initiate or conclude a contract between a consumer and an entrepreneur without the physical presence of the contracting parties, in particular letters, catalogs, telephone calls, faxes, e-mails and radio, tele and media services.
2.10. Contractual text in the sense of these terms and conditions is the product description resulting from our internet presentation and the content of the online order. The order confirmation sent by us on the Internet portal is not itself a contract text, but only confirms receipt of the order.
2.11. Text form is a legible declaration, in which the person of the declarer is named, who was given on a permanent data medium.
2.12. A permanent data medium is any medium that enables the recipient to store or save a declaration on the data medium addressed to him personally in such a way that it is accessible to him for a reasonable period of time and is suitable, the declaration unchanged play.
2.13. Business premises are immovable commercial premises, in which the entrepreneur permanently carries out his activity, and movable commercial premises, in which the entrepreneur usually carries out his activity. Commercial premises in which the person who acts in the name or on behalf of the entrepreneur carries out his or her activity on a permanent or customary basis is equivalent to premises of the entrepreneur.

3. Contracting parties / contractual penalty for pretending customer suitability
3.1. Legal entities, partnerships and natural persons with unlimited legal capacity are accepted as customers.
3.2. Insofar as minors are also accepted as contractual partners, they are excluded as contractual partners in the case of contracts for spirits, spirits-containing drinks or foods that contain spirits in not only a minor amount. In any case, contracts for other alcoholic beverages are not concluded with children or adolescents under the age of 16. We reserve the right to check the age of the contractual partner using suitable evidence and verification procedures. We therefore reserve the right to request a copy of the ID card.
3.3. The customer is obliged to provide truthful information when placing an order and not to pass on passwords to third parties.
3.4. In the event of a pretense of customer suitability, no contract is concluded. Instead, the parties agree on a contractual penalty of 5% of the contract price that the unauthorized customer would have had to pay. He is reluctant to provide evidence that damage has not occurred at all or is significantly lower than the lump sum.

4. Applicability of these terms and conditions
4.1. These terms and conditions apply exclusively to all contracts, deliveries and other services.
4.2. We do not recognize contrary or deviating conditions.
4.3. As far as the customer is a businessman, they also apply to all future business relationships, even if they are not expressly agreed again.
4.4. We are entitled to change or add to these terms and conditions at any time. Customers have the right to object to such a change. If the objection is not made in text form within four weeks after receipt of the change notification, it will take effect in accordance with the change. Customers are informed in text form at the beginning of the period that the change notification is deemed to be accepted if not objected to within four weeks.

5. Subject to change
5.1. We reserve the right to change or deviate from the promised services if the change or deviation is reasonable for the customer, taking into account our interests.
The change or deviation is reasonable if the customer is not worse or better off or the performance is not significantly deviated. This can be the case if the vintage ordered is no longer available and the following year does not differ in quality and price any more than insignificant.

6. Cancellation policy
6.1. Right of withdrawal
In the case of a distance contract or contracts concluded outside of business premises, consumers have the right to cancel this contract within fourteen days (one month on eBay and Amazon) without stating a reason. The cancellation period is fourteen days (one month on eBay and Amazon) from the day on which the consumer or a third party named by them, who is not the carrier, in the case of a purchase contract, the goods, in the case of a contract for several goods that the Consumer has ordered in the context of a uniform order and which are delivered separately the last goods, in the case of a contract for the delivery of goods in several partial shipments or pieces have taken possession of the last partial shipment or the last piece.
To exercise their right of withdrawal, consumers must contact us

Weingut M&C Management GmbH
Mönchhof
54539 Urzig
Managing Director: Mr. Siyu Lin

Telephone: +49 6532 93164
Fax: +49 6532 93166
Email: info@moenchhof.de

inform them of their decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or email).

Consumers can use the attached cancellation form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for consumers to send the notification that they are exercising their right of cancellation before the cancellation period expires.

6.2. Consequences of cancellation
If consumers withdraw from this contract, we have made them all payments we have received from them, including delivery costs (except for the additional costs that result from consumers choosing a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we have received notification of your cancellation of this contract. For this repayment, we use the same means of payment that consumers used in the original transaction, unless expressly agreed otherwise with them; in no case will consumers be charged fees for this repayment.

We can refuse repayment until we have received the goods back or until consumers have provided proof that they have returned the goods, whichever is the earlier.

Consumers must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which they inform us of the cancellation of this contract. The deadline is met if consumers send the goods before the fourteen day period has expired.

Consumers bear the immediate cost of returning the goods. In the case of goods that cannot be sent as a parcel, the costs are estimated at a maximum of approximately EUR 150.00.

Consumers 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 checking the nature, properties and functionality of the goods.

7. Conclusion of contract / storage of the contract text and the terms and conditions
7.1. in our internet shop
7.1.1. The application of the products in the internet shop represents a non-binding and non-binding invitation to submit an offer by our customers.
7.1.2. Customers make an offer by going through our ordering process and clicking on the "Order with payment" link at the end.
7.1.3. We can accept the customer's offer within 5 days of our choice either by order confirmation or by delivery of the goods.
7.1.4. The text of the contract and these terms and conditions are saved and sent to consumers by email.
7.2. in the case of contracts not concluded outside of business premises within the meaning of § 312 b BGB
7.2.1. The application of the products represents a non-binding and non-binding invitation to submit an offer (order or order) by customers.
7.2.2. Customers can submit an offer verbally, in writing, in text form or through coherent behavior.
7.2.3. We can accept the offer either verbally or by order or booking confirmation in writing or text form or by delivery.

8. Liability
8.1. We exclude our liability for slightly negligent breaches of duty, unless damage to life, limb or health or claims under the Product Liability Act are affected or guarantees are affected. Liability for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer can regularly rely (essential contractual obligations) remains unaffected.
8.2. In the case of property and pecuniary damage caused by negligence, we shall only be liable in the event of a breach of an essential contractual obligation, however the amount is limited to the foreseeable and contract-typical damage at the time the contract was concluded.
8.3. The same applies to breaches of duty by our vicarious agents.

9. Ban on offsetting
The entrepreneur is not entitled to set off his own claims against our payment claims, unless the claims are undisputed or legally binding.

10. Right of retention
The entrepreneur is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.

11. Severability clause (partial invalidity)
Should one of the provisions be invalid, the validity of the remaining provisions remains unaffected.

12. Extrajudicial arbitration options
In the event of disputes arising from online sales contracts or online service contracts, an OS platform provided by the European Union can be used to settle these disputes, insofar as this is actually made available by the European Union.
The platform should be accessible here: http://ec.europa.eu/consumers/odr/
Our email address is: info@moenchhof.de

13. Applicable law, place of jurisdiction and subsidiary agreements
13.1. The contract, including these terms and conditions, is subject to the substantive law of the Federal Republic of Germany. The provisions of the Vienna UN Convention of April 11, 1980 on contracts for the international sale of goods (CISG, UN sales law) do not apply. This choice of law does not apply if it removes mandatory provisions of the law of the country in which he is habitually resident.
13.2. In the event of legal disputes, our place of jurisdiction is if
13.2.1. the customer is a merchant or
13.2.2. the customer has no general place of jurisdiction in the territory of the Federal Republic of Germany or
13.2.3. the customer is a legal person under public law.
We are also entitled to sue at any other legally required place of jurisdiction.
13.3. Subsidiary agreements have not been reached.


II Special part: sales contracts


1. Delivery conditions / shipping costs
1.1. We only deliver within Germany, excluding the islands.
1.2. Delivery dates, which the customer specifies in his order, require our confirmation to be valid.
1.3. The deadline for delivery begins with payment in advance on the day after receipt of the payment order to the transferring bank or with other payment methods on the day after conclusion of the contract and ends at the end of the last day of the deadline. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day takes the place of such a day.
1.4. The delivery takes place no later than 7 days after receipt of payment.
1.5. Packaging and shipping costs will be invoiced and shown separately. The exact costs arising from the product description. Unless otherwise stated, the shipping costs are:

Euro 8.90 per order.

From an order of 12 bottles, the order is free of shipping costs.

Orders in our shop are only possible within Germany

2. Obligation to give notice of defects
2.1. If the purchase is a commercial transaction for both contracting parties, the buyer must examine the goods immediately after delivery by the seller, insofar as this is feasible in the ordinary course of business, and, if a defect becomes apparent, notify the seller immediately.
2.2. If the buyer fails to notify, the goods are deemed to have been approved, unless it is a defect that was not recognizable during the inspection.
2.3. If such a defect shows up later, the notification must be made immediately after discovery; otherwise the goods are also considered approved in view of this defect.
2.4. If we have maliciously concealed the defect, we cannot rely on these regulations.

3. Liability for defects / limitation period
3.1. There is basically a statutory right to liability for defects, unless another is specified.
3.2. Insofar as the delivered item does not have the quality agreed between the customer and us or it is not suitable for the use stipulated in our contract or it is not suitable for normal use and has a quality that is common for items of the same type and that the customer can expect according to the nature of the thing, or if they do not have the properties that they could expect from our public statements, we are obliged to remedy the defect.
3.3. At the customer's option, the supplementary performance is carried out by eliminating the defect (rectification) or delivery of new goods.
3.4. We can refuse supplementary performance without prejudice to Section 275 (2) and (3) BGB if it is only possible with disproportionate costs.
3.5. Customers can only assert claims for damages due to a defect if the supplementary performance has failed. This does not affect your right to make further claims for damages in accordance with the following section "Liability".
3.6. For consumers, the limitation period for new goods is two years from delivery to the customer, for used goods one year from delivery. This does not apply to claims for damages and reimbursement of expenses due to defects in accordance with the following "liability".
3.7. For entrepreneurs, the limitation period for new goods is one year from the transfer of risk, for used goods liability for defects is excluded. This does not apply to claims for damages and reimbursement of expenses due to defects in accordance with the following "liability". The limitation period also remains unaffected in the event of a delivery recourse according to §§ 478, 479 BGB; it is five years from delivery of the defective item.
3.8. Please note: the crystallization of tartar is a completely natural phenomenon.

4. Terms of payment
4.1. Unless otherwise agreed, we accept the following payment: advance payment

  • Payment in advance

5. Retention of title
5.1. Until the full payment of the contractual item remains our property.
5.2. For merchants, the goods remain our property until all claims from the business relationship have been paid in full. We undertake to release the securities to which we are entitled at the customer's request insofar as the realized value of our securities exceeds the claims to be secured by more than 20%; the choice of the securities to be released is incumbent on us.
5.3. Customers are entitled to resell goods subject to retention of title. The customer hereby assigns all claims from the resale regarding the delivered goods subject to retention of title in the amount of the final invoice amount (including sales tax) of our claims including all ancillary rights with priority over his other claims, which accrue from the resale to the customer or third parties. This applies regardless of whether the delivered goods have been resold without or after processing or mixing or blending. We accept the assignments.
After the assignment, the customer is entitled to collect the claim regardless of our own authority.
However, we undertake not to collect the claim ourselves, provided that the customer meets his payment obligations properly and does not default, and in particular that no application is made to open insolvency or settlement proceedings against his assets.
If this is the case, however, we can request that the customer notify us of the assigned claims and their debtors, as well as hand over all documents required for collection and notify the debtors or third parties of the assignment.
5.4. The processing and processing of the reserved goods or the goods in our security ownership by the customer is always carried out in our name and on our behalf, without any liabilities arising for us.
If processing takes place 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 plus sales tax) to the other processed items at the time of processing. For the thing resulting from processing, the same applies as for the goods delivered with reservation. This also applies if the customer acquires sole ownership through activities in accordance with sentence 2. The preservation for us is free of charge.
If the purchased item is inseparably mixed with other moveable items that do not belong 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 plus sales tax) to the other mixed items at the time of the mixing. If the mixing takes place in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer will transfer proportional co-ownership to us. The customer keeps the resulting sole or co-ownership free of charge for us.


III Special part: events


1. Events
1.1. We reserve the right to cancel events that take place in our company at short notice or to reschedule the appointment to another time. Customers will be informed immediately. Purchased tickets remain valid.
1.2. Customers have the option of changing their booking to another date free of charge up to 14 days before the event. In the event of a later cancellation and no-show, no other appointment can be made with the previously purchased admission ticket. However, customers always have the option of naming a replacement person as a participant and transferring the admission ticket to them. In both cases, reimbursement of participation fees already paid is not possible.


IV Special part: rental of apartments or guest rooms


1. Conclusion of contracts for travel contracts
The contract is between the guest and us. If a third person makes the booking for the guest, they are jointly and severally liable with the guest for all claims arising from the contractual relationship, provided we have a corresponding declaration from the customer. The customer undertakes to forward the booking confirmation and the general terms and conditions to the guest.

2. Services, prices and payment
2.1. The prices result from our brochure or our website. The additional costs are included in the prices.
2.2. The services owed by us result from the content of the booking confirmation together with the presentation in the valid prospectus or on the website.
2.3. We undertake to keep the holiday apartment booked by the guest or customer available to the guest in the agreed condition in accordance with legal regulations or according to customary market rules and to provide the agreed services. We are obliged to provide the guest with another, equivalent replacement accommodation or to pay compensation if we are unable to provide the promised accommodation despite confirmation. This is excluded in the event of force majeure.
2.4. Upon conclusion of the contract, we can request a down payment of 20% of the total price, but at least EUR 100.00. The request for deposit is made with the booking confirmation. The remaining amount must be paid no later than seven days before arrival. In the case of a short-term booking within seven days of arrival, the total price for the stay must be paid before the start of the stay.

3. Withdrawal
3.1. The guest can withdraw from the contract. Withdrawal from the contract must be in text form and is effective upon receipt.
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 the trip,

  • 20% of the total price up to the 21st day before the start of the trip,

  • 40% of the total price up to the 12th day before the start of the trip,

  • 60% of the total price up to the 3rd day before the start of the trip,

  • 80% of the total price from the 3rd day before the start of the trip,

  • 100% for no-show minus expenses saved with us.


3.3. The guest is free to prove that there were actually no or lower costs than those claimed by the flat rate. If this is the case, the guest only has to bear the costs actually incurred.
3.4. We strive to rent out the booked holiday apartment to keep the damage to the guest as low as possible.
3.5. Taking out travel cancellation insurance is highly recommended.

4. Arrival and departure
4.1. Unless otherwise agreed, the apartment is available to the guest from 2 p.m. on the day of arrival.
4.2. Unless otherwise agreed, the guest must vacate the apartment by 11:00 on the day of departure.

5. Liability
5.1. We are liable for loss, destruction and damage to the things that the guest brought into the apartment during the period of accommodation. Liability is limited to one hundred times the accommodation price in one day, but at most to an amount of EUR 3,500.00, for money, securities and valuables to an amount of EUR 800.00.
5.2. Liability for vehicles, things left in vehicles and live animals is excluded.
5.3. Liability is excluded if the loss, destruction or damage by the guest himself, by a person the guest took in, is caused by the nature of the matter or by force majeure.
5.4. We accept unlimited liability if the loss, destruction or damage to the item is caused intentionally or through gross negligence by us or our innkeeper.
5.5. The guest is liable for any damage that he or he is responsible for in the apartment.

6. Notification of defects
The guest must notify us of any complaints immediately. If the guest culpably fails to report the defect, he is not entitled to any reduction in the rental price. Legal regulations apply.

7. Pets
Pets are allowed.


V Withdrawal form


Weingut M&C Management GmbH
Mönchhof
54539 Urzig
Managing Director: Mr. Siyu Lin

Fax: +49 6532 93166
Email: info@moenchhof.de

I / we hereby cancel the contract concluded by me / us for the purchase of the following goods:

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

Ordered on / received on:

_______________________________________________________

Name of the consumer (s):

_______________________________________________________

Address of the consumer (s):

_______________________________________________________

Signature of the consumer (s):

_______________________________________________________

Date:

_______________________________________________________

© Weingüter M&C Management GmbH 2020