Terms and Conditions (T&C)
Weingut Ludwig/ Thörnich (Mosel)
1. General
1.1 These General Terms and Conditions apply exclusively to all deliveries and services. With the publication of this price list, all previous offers become invalid.
1.2 Deviations from these terms and conditions, supplementary agreements, and collateral agreements generally require written form. Our T&C according to the latest valid version apply.
1.3 Our information and offers regarding the products we distribute and product descriptions are non-binding. Subject to printing errors and mistakes.
1.4 Purchase contracts are only concluded through written order confirmation (email is sufficient) or acceptance of the goods by the customer (and after the expiry of the withdrawal/return period).
2. Prices and Payment Terms
2.1 The prices at the time of ordering the goods apply for the delivery. The currency of the prices quoted in offers is € (Euro) per bottle, equipment, packaging, disposable cartons, or per wine assortment (sorted in any combination) from Thörnich and includes the statutory value-added tax at the time of printing. Invoices will show the net price as well as additional services: shipping costs, packaging, and the value-added tax valid at the time of invoicing.
2.2 In the case of delivery against an open invoice, these are due without deduction, payable within 30 days from the invoice date.
2.3 In the event of default in payment, we are entitled to charge default interest at a rate of 5% above the respective base interest rate announced by the Deutsche Bundesbank. In case of default, we are entitled to refuse all deliveries to the customer, including those from other contractual relationships. We are not liable for any damages resulting from this non-delivery.
3. Delivery, Shipping, Transfer of Risk
3.1 We package in 6, 12, and 18 cartons, except for presents.
3.2 We determine the shipping method, shipping route, and carrier at our discretion unless the buyer provides explicit instructions.
3.3 We are entitled to partial deliveries unless expressly agreed otherwise. Partial deliveries are considered independent deliveries regarding payment obligations, transfer of risk, and warranty obligations. The buyer is not entitled to reject independent partial deliveries. If a product is no longer available, we reserve the right to provide equivalent substitutes.
3.4 The recipient is obligated to inspect the shipment for external integrity upon receipt. If a transport damage nevertheless occurs, immediate confirmation must be obtained from the deliverer. For hidden damages, please promptly bring the package to the post office or the carrier and obtain confirmation of the damage. Return the package with the aforementioned documents to us. Upon receipt of the damaged goods, you will promptly receive a replacement shipment.
3.5 When sending goods to Weingut Deutschherrenhof, the respective sender bears the transport risk and all associated costs. This does not apply to returns within the granted return right.
4. Delivery Time
4.1 Delivery dates must be agreed upon in writing. The deadline is considered met if the shipment is made before the deadline.
4.2 All agreed delivery periods are subject to correct and timely self-delivery.
5. Right of Withdrawal for Consumer Contracts
5.1 We grant the statutory right of withdrawal exclusively for legal transactions concluded by a natural person for purposes that cannot be attributed to their commercial or independent professional activity. Such customers are no longer bound to their order if they return the goods within a period of 2 weeks after receipt at our risk. To exercise the right of withdrawal, a written withdrawal request on a durable medium (letter/fax) without giving reasons within the deadline is sufficient. To comply with the deadline, timely dispatch to:
5.2 The right of withdrawal does not apply to opened goods.
5.3 It should be noted that the return must be in the original condition. In case of significant deterioration (e.g., contamination, damage, incomplete return), we expressly reserve the right to demand compensation. Compensation claims also apply in case of loss of goods, unless they are returned in the manner of return shipment. Keep the delivery receipt (post) as proof of proper return.
6. Right of Revocation
Right of Revocation: You have the right to revoke this contract within 14 days without giving reasons. The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. To exercise your right of revocation, you must inform us, Weingut Ludwig, Im Bungert 10, 54340 Thörnich, by means of a clear statement (e.g., a letter sent by post, fax, or email to info@ludwig-wein.de) of your decision to revoke this contract.
To meet the revocation deadline, it is sufficient for you to send your notification of exercising your right of revocation before the revocation period has expired.
Consequences of Revocation: If you revoke this contract, we must immediately refund all payments we have received from you, including delivery costs (except for additional costs resulting from you choosing a different type of delivery than the cheapest standard delivery offered by us), and no later than fourteen days from the day on which we received notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged for this refund. We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. We bear the costs of returning the goods.
7. Retention of Title
7.1 We reserve ownership of the purchased item until full payment of all claims, including ancillary claims. In the event of a breach of contract, we are entitled to demand the return of the purchased item.
7.2 The buyer is entitled to resell the goods in the ordinary course of business. This does not apply if the customer is in default of payment to Weingut Deutschherrenhof.
8. Warranty / Disclaimer
8.1 Weingut Deutschherrenhof assumes no warranty for damages or defects resulting from improper storage, faulty or negligent handling.
8.2 Obvious defects must be reported in writing immediately upon receipt of the goods. If a defect becomes apparent more than 6 months after delivery, the customer must prove that the item was defective at the time of transfer of risk.
8.3 If a defect for which we are responsible becomes known, the customer can, according to § 439 BGB, demand the removal of the defect or the delivery of a defect-free item at his discretion. The buyer is obliged to return the claimed product with a detailed description of the defect and a copy of the delivery note to us. Furthermore, the buyer is obliged to secure data at his own expense. In case of data loss, Weingut Deutschherrenhof cannot be held liable. In the event of an unjustified complaint, we reserve the right to charge a handling fee.
8.4 Unless expressly agreed otherwise, further liability claims of the buyer – regardless of the legal basis – are excluded. The above limitation of liability does not apply in case of intent or gross negligence.
9. Data Protection
9.1 The data necessary for the transaction will be stored and used within the framework of order processing and information provision about new offers from Deutschherrenhof. All personal data will be treated confidentially.
9.2 The customer is entitled to revoke at any time.
10. Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR platform), which you can find at http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
11. Miscellaneous
11.1 Trier is agreed as the place of performance for all mutual obligations arising from the contract, including any return warranty claims.
11.2 If individual provisions of the delivery contract or these General Terms and Conditions are invalid, the remaining provisions remain valid.
13. Jurisdiction
The exclusive place of jurisdiction is Trier or another legal place of jurisdiction at the choice of Weingut Ludwig, provided that the customer is a merchant within the meaning of the German Commercial Code (HGB) or a legal entity under public law.
14. Bank Details
Account Holder: Weingut Ludwig, Thomas Ludwig Kto: 107000, BLZ: 56561771, Bank: Raiffeisenbank Mehring Leiwen, BIC: GENODED1MLW, IBAN: DE 77 5856 1771 0000 1070 00
15. Information about the location of the winery
Weingut Ludwig
Thomas & Meike Ludwig
Im Bungert 10
54340 Thörnich/Mosel