§1 Scope
(1) These General Terms and Conditions (hereinafter referred to as the GTC) apply to all contracts with the Bodega Sa Vinya regarding the reservation of the products on this website and the subsequent purchase upon collection in the shop. The scope of these terms and conditions extends to entrepreneurs on all future legal relationships regarding the reservation and purchase of goods at the Bodega Sa Vinya.
(2) These terms and conditions apply exclusively. Divergent, conflicting or additional terms and conditions of the customer shall only become part of the contract insofar as Bodega Sa Vinya has expressly agreed to their validity. This approval requirement applies in any case, for example, even if Bodega Sa Vinya carries out the business without reservation in knowledge of the customer’s terms and conditions.
(3) The identity of Bodega Sa Vinya is: Bodega Sa Vinya, Owner Dagmar Henner-Wiegard, Ronda Migjorn 79, 07620 Llucmajor, Spain, Tel: +34 674 279 058, E-Mail: info@bodegasavinya.com, Homepage: www.bodegasavinya.com, Sales Tax Identification Number: ESX4545645V
(4) The customer is a consumer, as far as the purpose of the ordered services can not be attributed predominantly to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal personality who, in concluding the contract, is acting in the course of his commercial or independent professional activity.
§2 Conclusion of contract
(1) The languages available for the conclusion of the contract are German, English, Spanish and French. If there is a dispute over the interpretation of these terms and conditions, the German language version shall prevail.
(2) The presentation of the goods on www.bodegasavinya.com is non-binding and therefore does not constitute a legally binding offer by Bodega Sa Vinya for a reservation or conclusion of a purchase contract
(3) The Bodiyas Sa Vinya offer on this website is only an option for customers to reserve goods that they purchase and pick up locally at the Bodega Sa Vinya business premises within the agreed reservation period. The reservation is binding for Bodega Sa Vinya, but non-binding for the customer. If the customer does not pick up and purchase the goods at Bodega Sa Vinya within the reservation period, and no agreement is made regarding an extension, the reservation will be forfeited.
(4) The reservation is made in such a way that the customer can put the goods on the page www.bodegasavinya.com by selection into the virtual shopping cart. There, the purchase price, which is incurred in the event of subsequent purchase, including VAT. The customer can then by pressing the button “reserve without obligation” request for him non-binding and Bodega Sa Vinya binding reservation.
(5) The customer will then immediately receive an acknowledgment of receipt for his reservation order, to which these terms and conditions are attached in text form. Bodega Sa Vinya then checks whether the reservation request can be fulfilled. If this is the case, the customer receives a corresponding confirmation and the reservation is binding.
(6) If the reservation is not possible according to the customer’s request, Bodega Sa Vinya informs the customer to what extent different goods or quantities of goods can be reserved. According to the customer’s answer, a correspondingly modified reservation contract is concluded.
(7) Bodega Sa Vinya wants to make reservations and purchase contracts only with persons of legal age. The customer must confirm his / her majority when reserving. Bodega Sa Vinya has reserved for reasons of protection of minors, in particular for alcoholic beverages to prove the age of majority of the potential customer. When picking up and buying by representatives must also be of age, also here, the Bodega Sa Vinya reserves the review.
(8) Reservations can be made both with the establishment of a customer account and with guest orders (i.e., without setting up a customer account).
§3 Reservation / Withdrawal
1) Since the reservation for the customer is not a paid service, there is no right of revocation. By not picking up the goods in the shop, the reservation expires as stated in § 2 by itself. Accordingly, there is no right of withdrawal here.
(2) In the case of purchase when picking up the reserved goods in the shop of Bodega Sa Vinya is no distance contract, so that Bodega Sa Vinya there is not obliged to grant a right of withdrawal. Accordingly, there is no right of withdrawal here.
(3) Should the customer know before the expiry of the reservation period that he will not make use of them, Bodega Sa Vinya will of course be pleased to receive a message in order to be able to dispose of the reserved goods prematurely.
§4 Availability of the goods
Bodega Sa Vinya is entitled to withdraw from the binding reservation if Bodega Sa Vinya is not properly and / or timely supplied by its suppliers. The customer is informed immediately about the unavailability of the goods.
§5 Prices
The prices are valid at the time of reservation. All prices include the applicable VAT. Bodega Sa Vinya asks for understanding that the actual value added tax does not depend on the time of the reservation, but the time of purchase. If the VAT rate changes after reservation but before purchase, the VAT valid at the time of purchase would apply.
§ 6 Terms of payment & due date / credit of the payment
(1) The customer has the following possibilities of payment: cash, credit card, bank transfer, invoice.
(2) During the transfer, the invoice amount must be credited to the account of the Bodega Sa Vinya before the ordered goods are collected. The account details are on the reservation confirmation.
(3) Purchase on account is only for customers with customer account, where Bodega Sa Vinya has unlocked this option. The account details are on the bill.
§7 Retention of title
In the case of purchase of the bill, the delivered goods remain the property of Bodega Sa Vinya until full payment of the purchase price. If the customer is an entrepreneur, the customer is entitled to resell the goods subject to retention of title in the ordinary course of business. However, in this case, the customer already now assigns to Bodega, in the amount of the final invoice amount (including VAT) of Bodega Sa Vinya’s claim, all claims arising from such resale, whether before or after any processing of the goods delivered under retention of title Sa Vinya off. Regardless of the power of Bodega Sa Vinya to collect the claim itself, the customer remains authorized even after assignment to collect the claim. In this context, Bodega Sa Vinya undertakes not to collect the claim, as long as and to the extent that the customer meets his payment obligations, no application for opening insolvency or similar proceedings is filed and there is no suspension of payments. If this is the case, Bodega Sa Vinya may demand that the customer inform Bodega Sa Vinya of the assigned claims and their debtors, provide all information necessary for collection, hand over the relevant documents and notify the debtors of the assignment. Insofar as the above-mentioned securities exceed the claims to be secured by more than 10%, Bodega Sa Vinya is obliged to release the securities upon selection of Bodega Sa Vinya at the request of the customer.
§8 Material defect warranty
(1) Bodega Sa Vinya is liable for material defects in accordance with the relevant statutory provisions. For damage claims, however, the restriction in § 9 applies.
(2) The warranty period for entrepreneurs is limited to 12 months.
(3) The customer’s warranty claims are excluded for the defect in question,
a) if the customer has not complied with his existing statutory inspection and complaint obligations;
b) in the event of non-existence of the Customer’s statutory inspection and complaint obligations, if he is nevertheless an entrepreneur and has not notified obvious defects in writing to Bodega Sa Vinya within 7 working days of receipt of the delivery and defects not apparent during the investigation
§9 Liability
(1) Claims of the customer for damages are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or breach of essential contractual obligations (cardinal obligations) as well as liability for other damages resulting from intentional or grossly negligent breach of duty by Bodega Sa Vinya, its legal representatives or Vicarious agents are based. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) Bodega Sa Vinya shall only be liable for the contractually typical, foreseeable damage in the event of a breach of essential contractual obligations, if this was simply caused by negligence, unless it concerns claims for damages of the customer resulting from injury to life, limb or health.
(3) The limitations of paragraphs (1) and (2) shall also apply in favor of the legal representatives and vicarious agents of Bodega Sa Vinya, if claims are asserted directly against them.
(4) The liability limitations resulting from para. (1) and (2) do not apply insofar as Bodega Sa Vinya fraudulently concealed the defect or assumed a guarantee for the quality of the goods. The same applies, as far as Bodega Sa Vinya and the customer have made an agreement on the nature of the thing. The provisions of the Product Liability Act remain unaffected.
§10 Privacy
The privacy of Bodega Sa Vinya, the customer can refer to the website as follows: https://bodegasavinya.com/en/datenschutz
§11 Codes of Conduct
As part of its commitment under Art. 246c (5) EGBGB, Bodega Sa Vinya points out that Bodega Sa Vinya has not submitted to any specific codes of conduct.
§12 Dispute Settlement Platform of the EU
The EU provides an Internet platform for online dispute resolution (“OS platform”). It can be reached at the following link:
http://ec.europa.eu/consumers/odr
E-mail address Bodega Sa Vinya: info@bodegasavinya.com.
§13 Miscellaneous
(1) The laws of the Kingdom of Spain and the Autonomous Region of the Balearic Islands shall apply to the exclusion of the UN Sales Convention.
(2) If the customer is a merchant, the exclusive place of jurisdiction for disputes arising out of or in connection with the business relationship is Palma de Mallorca. The same place of jurisdiction applies if the domicile or the habitual residence of the customer are unknown at the time the complaint is filed. If the customer has no general jurisdiction in Spain, the exclusive place of jurisdiction is the registered office of Bodega Sa Vinya in Palma de Mallorca.
