General terms and conditions
Pese-Wein GmbH & Co. KG

I. General

1) The following terms and conditions of sale are only directed at end consumers.

2) The law of the Federal Republic of Germany shall apply to this contract. This does not apply if special consumer protection regulations in the buyer's home country are more favourable.

3) If the buyer does not have a general place of jurisdiction in Germany or another EU member state, the exclusive place of jurisdiction for all disputes arising from this shall be the seller's place of business.

4) We do not participate in dispute resolution proceedings before a consumer arbitration board.

II. Conclusion of contract

1) All information on products and prices in the online offer is for non-binding information purposes and does not constitute a legally binding offer. By placing an order, the buyer submits a binding offer to conclude a contract. All entries in the order process are displayed again in a confirmation field before the order is finalised. Input errors can be corrected there. Orders are considered in the order in which they are received. The contract is not yet concluded by the automatically generated order confirmation, but only upon acceptance of the order by the seller (delivery of the goods or express order confirmation).

2) When orders are placed in the online shop, the seller saves the text of the contract and sends the buyer the order data and the terms and conditions of sale and delivery by e-mail.

3) The contract language is German.

III. Terms of payment

1) The price list valid at the time of the order shall apply. The previous price list shall become invalid with the publication of the new price list.

2) The prices include the statutory value added tax applicable at the time of the order.

3) The seller accepts payment by credit card and PayPal.

4) Cheque payments are not accepted.

5) Offsetting or retention by the Buyer is excluded unless the offsetting or retention claim is undisputed or has been legally established.

IV. Delivery

1) The prices are ex warehouse Hamburg and do not include transport, insurance and similar services. Our delivery areas and shipping costs can be found in the list under Shipping and Payment on the website.

2) Unless otherwise stated, delivery within Germany is generally made within three working days of conclusion of the contract. In the case of express delivery, the goods will be delivered within two working days at the latest. The delivery areas and delivery conditions for deliveries abroad can be found in the separate list under „Shipping and payment“ on the website.

3) By submitting the order, the buyer agrees that the seller will pass on the buyer's e-mail address to DHL or UPS when the goods are dispatched by DHL or UPS so that the seller can inform the buyer about the expected delivery window of his shipment. The buyer can object to the forwarding of his e-mail address to the seller at any time. However, notification of the shipment status is then no longer possible. The objection should be sent to wir@pese-wein.de or by telephone on +49 40 226 594 010.

V. Warranty

1) The filling level and bottle condition can be requested from the seller prior to sale. For wines older than 15 years, the filling level Top Shoulder is considered normal, from 25 years High Shoulder.

2) Tartar and deposits do not reduce the quality of the wine and are not grounds for complaint. Cork taint and other obvious wine defects will be replaced upon presentation of the wine up to a maximum of 2 years after purchase.

3) Warranty claims of the buyer are limited at his discretion to the elimination of the defect or delivery of a defect-free item (subsequent fulfilment). If the subsequent fulfilment fails, the buyer has the right to reduce the purchase price or to withdraw from the contract.

4) Further claims of the buyer, in particular for damages, consequential damages and loss of profit, are generally excluded. This shall not apply in the event of intent, gross negligence or breach of material contractual obligations on the part of the Seller or in the event of injury to life, limb or health. The Buyer's right of cancellation shall remain unaffected.

VII. Cancellation policy

Right of cancellation You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods of a single order. In order to exercise your right of cancellation, you must inform us (Pese-Wein GmbH & Co KG, Albert-Schweitzer-Ring 1, 22045 Hamburg or wir@pese-wein.de) of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post or email). You can use the attached cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

VIII. Consequences of cancellation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest. You must return or hand over the goods to our warehouse in Hamburg (Pese-Wein GmbH & Co. KG, Albert-Schweitzer-Ring 1, 22045 Hamburg) immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. We will bear the costs of returning the goods. You 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 their condition, properties and functionality.

IX. Protection of minors

1) By placing an order with Pese-Wein GmbH & Co KG, you confirm that you have reached the age of 18.

2) The customer is obliged to ensure that only he himself or persons of legal age authorised by him to accept the delivery take delivery of the goods. Upon delivery, the authorised logistics service provider is entitled to request proof of age.

3) If persons who are not of legal age place orders, Pese-Wein GmbH & Co. KG hereby cancels the contract as a precautionary measure in accordance with § 109 BGB. The adult persons authorised to care for or represent the minor ordering under false information shall be liable in accordance with the statutory provisions for all damages arising from the orders placed under false information.

X. Place of jurisdiction

1) If the customer is an entrepreneur, the place of jurisdiction for all disputes arising from contractual relationships between the customer and Pese-Wein GmbH & Co KG is the court responsible for our registered office in Hamburg.

2) Irrespective of this, Pese-Wein GmbH & Co. KG is in any case entitled to take legal action against our customer at another legal place of jurisdiction.

3) However, if the customer is a consumer within the meaning of the BGB, the following shall apply: Actions brought by Pese-Wein GmbH & Co KG against the consumer, on the other hand, are to be brought in accordance with the statutory place of jurisdiction pursuant to § 13 ZPO at the customer's place of residence.