General Terms and Conditions

General terms and conditions (GTC) and consumer information

General terms and conditions and consumer information in the context of sales contracts that are concluded via the online shop between Red Barrel-Francesco Giombolini - hereinafter "seller" - and the customer - hereinafter "customer".

§ 1 Scope and general information

(1) Subject to individual agreements and arrangements that take precedence over these terms and conditions, the following general terms and conditions apply exclusively to the business relationship between the seller and the customer. Unless otherwise agreed, the inclusion of the customer's own conditions is contradicted.

(2) The customer is a consumer insofar as he concludes the contract for purposes that are predominantly neither commercial nor his independent professional activity. In contrast, an entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent professional activity.

§ 2 conclusion of contract

(1) The contract is concluded with:

Red Barrel-Francesco Giombolini

Albrecht-Dürer-Strasse 14

90403 Nuremberg

Bayern Germany

(2) The essential characteristics of the goods result from the respective product description set by the seller.

(3) All offers in the seller's online shop are only a non-binding invitation to the customer to submit a corresponding purchase offer to the seller. As soon as the seller has received the customer's order, the customer is first sent a confirmation of his order from the seller, usually by e-mail (order confirmation). The order confirmation does not yet represent the acceptance of the order. After receipt of the customer's order, the seller will check it at short notice and inform the customer within 2 working days whether he will accept the order (order confirmation). The ordering process in the seller's online shop works as follows:

(4) The customer can select products from the seller's assortment and collect them in a so-called shopping cart using the "Add to basket" button. By clicking on the “shopping cart” button, the customer receives an overview of the selected products. With the "Buy now" button, he submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the entered order as well as the entered data at any time using the browser functions "Back" and "Next" shown as arrow keys. The application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept GTC" button and thereby included them in his application. The seller then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt only documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The contract is only concluded when the seller submits a declaration of acceptance, which is sent in a separate email.

§ 3 Subject matter of the contract, condition, delivery, availability of goods

(1) The subject of the contract are the goods and services specified by the customer in the context of the order and specified in the order and / or order confirmation at the final prices specified in the online shop. Errors and mistakes are reserved, especially with regard to the availability of goods.

(2) The quality of the goods ordered results from the product descriptions in the online shop. Images on the website may only show the products imprecisely; colors in particular can vary considerably for technical reasons. Images serve only as illustrative material and may differ from the product. Technical data, weight, dimensions and performance descriptions are given as precisely as possible, but may show the usual deviations. The properties described here do not constitute defects in the products supplied by the seller.

(3) If no copies of the product selected by the customer are available at the time of the customer's order, the seller shall notify the customer of this in the order confirmation. If the product is permanently unavailable, the seller will not make a declaration of acceptance. A contract is not concluded in this case.

(4) If the product specified by the customer in the order is only temporarily unavailable, the seller shall also notify the customer of this immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.

§ 4 delivery, prices, shipping costs

(1) The delivery to the shipping company takes place no later than two days after receipt of payment. The delivery time is up to five days. The seller points out any deviating delivery times on the respective product page. 

(2) Delivery takes place within Germany and the following countries: Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, Great Britain, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Netherlands, Austria, Poland, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary.

(3) All item prices include the statutory value added tax. The prices quoted are retail prices plus shipping costs. The customer receives an invoice showing VAT.

(4) Greater Nuremberg (direct shipping without parcel service): We deliver free of charge. Minimum order € 20. We ship with UPS within and outside of Germany. Within Germany: € 6.99. We deliver free of charge for orders of € 100 or more. Outside Germany: 0-32 kg> € 14.99, 33-64 kg> € 29.98

§ 5 payment

Payment is made by:

  • Visa
  • Mastercard
  • American Express
  • maestro
  • PayPal 
  • Klarna instant transfer
  • Google Pay
  • Apple Pay
  • Prepayment (bank transfer)

§ 6 Transport Damage

(1) If goods are delivered with obvious transport damage, the customer is requested to report these errors to the deliverer immediately and to contact the seller as soon as possible.

(2) Failure to lodge a complaint or to contact the customer has no consequences whatsoever for the customer's statutory warranty rights, but helps the seller to assert his own claims against the carrier or the transport insurance company.

§ 7 warranty for material defects

(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.

(2) There is only a guarantee for the goods delivered by the provider if this was expressly given in the order confirmation for the respective article.

(3) You can submit complaints and warranty claims at the address given in the provider identification.

§ 8 retention of title

The delivered goods remain the property of the seller until full payment has been made.

§ 9 liability

The statutory provisions apply.

§ 10 text of the contract

The contract text is stored on the seller's internal systems. The customer can view the general terms and conditions at any time in his customer account. The order data and the general terms and conditions will be sent to the customer by email. After completing the order, the order data can no longer be accessed via the Internet for security reasons.

§ 11 final provisions

(1) The contract language is German.

(2) The law of the Federal Republic of Germany applies to contracts between the seller and the customer to the exclusion of the laws on the international purchase of movable goods. This choice of law applies to consumers only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident is not withdrawn from the customer.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the seat of the seller. This also applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if his place of residence or habitual abode is not known at the time the action is brought.

§ 12 cancellation policy

Right of withdrawal

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 has taken possession of the goods.

To exercise your right of withdrawal, you must inform us ( Red barrel, Albrecht-Dürer-Strasse, 14, 90403 Nuremberg Tel .: +4991123750713 Email: hello@redbarrelwines.com) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, 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.

Consequences of withdrawal

 

 

If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. The costs are estimated at a maximum of around € 15.00. 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 to check the nature, properties and functionality of the goods.

Sample withdrawal form

 

(If you want to cancel the contract, please fill out this form and send it back.)

  • On:
    Red Barrel-Francesco Giombolini
    Albrecht-Dürer-Strasse, 14
    90403 Nuremberg
  • I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
  • Ordered on (*) / received on (*)
  • Name of the consumer (s)
  • Address of the consumer (s)
  • Signature of the consumer (s) (only when notified on paper)
  • date
___________
(*) Delete where inapplicable.

Source: Lawyer Metzler - Lawyer for competition law, trademark law and copyright law