General Terms and Conditions of Sale

§ 1 Scope
1. These General Terms and Conditions of Sale (GTCS) of PrioVino GmbH, Unterdigisheimer Str. 17, 72469 Meßstetten, apply to all transactions concerning the delivery of goods to the Customer by PrioVino.

2. The scope of these Terms is limited to contracts with consumers. These Terms do not apply to transactions with companies, legal entities under pub-lic law or a special public fund.

3. These are the sole terms that apply. The inclusion by the ordering party of conflicting, supplementary terms or conditions deviating from our Terms is hereby rejected. They will not apply even if we carry out delivery to the or-dering party while aware of or without explicitly rejecting their deviating terms.

4. Any individual agreements reached with the ordering party in any particular case (including supplementary understandings, addenda and changes) take precedence over these Terms.

5. Rights to which we are entitled in accordance with statutory regulations or other agreements extending beyond these Terms, remain unaffected.

§ 2 Rights to documents
1. Offers, cost estimates and other documents remain our property and may only be made available to third parties with our prior express consent.

2. All (copy)rights to samples, devices, tools, drawings, cost estimates, designs and plans, in particular patent rights, copyrights, and inventors’ rights made or drawn up by us, accrue exclusively to us.

3. If any of the items designated above are handed over, this does not consti-tute the transfer or granting of rights (operating licence).

§ 3 Offer, conclusion of contract, content of contract
1. Unless expressly stated otherwise, our offers are subject to change and non-binding.

2. The contract takes effect on our order confirmation.

3. The performance owed under the contract is determined in accordance with the agreement concluded, particularly the contents of any order confirma-tion.

4. Retrospective changes or modifications to the performance owed by PrioVino are permitted as long as they are standard practice or technically necessary and do not place an unreasonable burden on the ordering party.

§ 4 Right of cancellation and cancellation instructions
As a consumer, you are entitled to a right of cancellation in the case of distance selling contracts.

Cancellation notice

Right of cancellation

You have the right to cancel this contract within fourteen days without specifying a reason. The cancellation period is fourteen days from the day on which you or your appointed agent who is not the carrier has taken possession of the last goods.

To exercise your right of withdrawal, you must send us

PrioVino GmbH
Unterdigisheimer Straße 17
72469 Meßstetten
Phone: +49 7071 1473016
E-mail: info@priovino.com

by means of a clear declaration (eg a letter sent by post or email ) of your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.

To meet the cancellation deadline, it is sufficient to despatch the message stating that you are exercising your right of cancellation before the deadline expires.

Consequences of revocation
If you revoke this contract, we shall reimburse all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of 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; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods without delay and in any case no later than within fourteen days from the day on which you inform us of your cancellation of this contract. The deadline has been met if you dispatch the goods before the deadline of fourteen days has expired. You will bear the direct cost of returning the goods. You must only pay for any loss of value in the goods if this loss of value is due to the handling of them on your part not solely required to check their condition, properties and way of working.

§ 5 Prices and payment
1. All prices are gross prices and include the applicable statutory value added tax.

2. All other costs which may be incurred, particularly for processing payments, transport, and packaging, will be borne by the ordering party. They will be shown separately as part of the overall price to be paid, or are included in it.

3. A separate agreement must be made in each individual instance before deducting any discount.

4. Payments are to be made in advance or by credit card.

§ 6 Delivery time
Unless otherwise agreed in individual cases, delivery times are approximate.

§ 7 Retention of Title
Goods supplied by us remain our property until they have been fully paid for (goods subject to retention of title).

§ 8 Warranty
Warranties are governed by statutory regulations.

§ 9 Liability
1. PrioVino is liable in accordance with the statutory provisions in the event of culpable breach of duty for all damages arising from injury to life, limb or health.

2. PrioVino shall be liable in accordance with the statutory provisions in the event of culpable breach of material contractual obligations. However, the liability is limited to the foreseeable, contract-typical damage if PrioVino does not violate essential contractual obligations intentionally or through gross negligence. Material contractual obligations are those which are absolutely necessary to achieve the purpose associated with the contract and on whose compliance the Customer may rely.

3 PrioVino is liable for grossly negligent and intentional breach of non-essential contractual obligations.

4. PrioVino will be liable in accordance with the provisions of the applicable product liability law.

5. In the event of the agreement of any contractual guarantee, PrioVino will be liable in accordance with the guarantee declaration.

6. Liability is excluded in all other cases.

§ 10 Severability clause
1. Should one or more provisions of these GTC or parts of a provision be invalid, this invalidity shall not affect the validity of the remaining provisions or the contract as a whole.

2. Clause 1 applies mutatis mutandis in the event of a loophole.