General Terms and Conditions
of Naturgarten Kaiserstuhl GmbH
Zum Kaiserstuhl 18
79206 Breisach

(Status: July 2021)

§ 1 General - Scope
1. These General Terms and Conditions apply exclusively to online trading by Naturgarten Kaiserstuhl GmbH (hereinafter referred to as the "Supplier") on the website www.naturgarten-kaiserstuhl.de. The General Terms and Conditions apply both to contracts with entrepreneurs within the meaning of § 14 BGB (German Civil Code) and to contracts with consumers within the meaning of § 13 BGB.
2. Customers within the meaning of the Terms and Conditions are both consumers and entrepreneurs.
3. The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity
4. We, Naturgarten Kaiserstuhl GmbH, are your contractual partner. By clicking the button "Send" you accept our terms and conditions in the respective valid version as solely authoritative. Deviating, conflicting or supplementary general terms and conditions, even if known, shall not become part of the contract unless their validity is expressly agreed to in writing.

§ 2 Conclusion of contract
1. The presentation of the goods on our homepage does not constitute a binding offer on our part. We reserve the right to make technical changes as well as changes in shape, colour and/or weight within the scope of what is reasonable.
2. The customer can select products from the provider's range and collect them in a so-called shopping cart by clicking the "Add to cart" button. By clicking on the button "order", the customer submits a binding application to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the box "Accept GTC and read cancellation policy" and has thereby included them in his application. The Provider shall then send the Customer an automatic confirmation of receipt by e-mail, 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 merely documents that the Provider has received the Customer's order and does not constitute acceptance of the application. The contract is not concluded until the Provider issues the declaration of acceptance, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) shall be sent by us to the customer on a durable data medium (e-mail or paper printout) (contract confirmation). The text of the contract will be stored in compliance with data protection laws. The contract shall be concluded in German.
3. A sale is only made to persons who have reached the age of 18.

§ 3 Terms of payment
1. Our prices include the packaging costs and the statutory VAT; however, delivery and shipping costs are only included in our prices if a separate agreement has been made with you in this respect. In the case of entrepreneurs, the statutory value added tax shall be shown separately on the invoice. Unless we have agreed otherwise with you in writing, the purchase price owed by you is to be paid without deduction within 30 days after our invoice has been received by you. In the event of default in payment, we shall be entitled to charge interest at the statutory rate, in the case of consumers at 5 percentage points above the applicable base rate, and in the case of entrepreneurs at 8 percentage points above the applicable base rate. However, we reserve the right to claim higher damages for default in individual cases. You expressly reserve the right to prove that no damage has been incurred or that the damage is significantly lower than the amount claimed by us.
2. We may charge reminder costs of € 5.00 per reminder.
3. Our shipping costs within Germany are as follows:

Packages/book shipments up to 500 g: 1,65 € (1,96 € incl. VAT)

Small parcels/book shipments 501 g up to 2 kg : 5,46 € (6,50 € incl. VAT)

Small parcels/packages/book shipments over 2 kg: 6,72 € (8,00 € incl. VAT)

4. the shipping costs for international shipments can be requested from us.

§ 4 Delivery/Force majeure
1. Delivery dates or times stated by us are approximate unless they are expressly confirmed in text form as fixed dates. If we fail to meet bindingly agreed delivery deadlines and if we are responsible for this, we shall be liable for compensation for any loss or damage proven by you. This shall not apply if the delay is due to force majeure or other impairments of our delivery possibilities through no fault of our own - circumstances and occurrences which cannot be prevented with the diligence of proper business management shall be deemed to be such. Cases of force majeure shall also include, but are not limited to, transport hindrances, operational disruptions, delays in the delivery of raw materials, official measures and any form of industrial action. The customer will be informed of the unavailability of the service within the contract acceptance period of one week.
2. In the case of consumers, the risk of shipment shall pass when the goods are handed over to you. In the case of entrepreneurs, the risk shall pass as soon as the goods have been handed over to the express or courier service for shipment to you and the goods have been insured to the amount of the purchase price. In the case of collection by entrepreneurs, the risk shall pass upon acceptance from the place of collection. The handover shall be deemed to be the same if the buyer is in default of acceptance.
3. We are entitled to make partial deliveries and render partial services at any time, provided that this is reasonable for you.

§ 5 Offsetting; Right of Retention
You are only entitled to offset against our claims if your claims have been legally established, we have acknowledged them or if your claims are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract. As a buyer, you may only exercise a right of retention if your counterclaim is based on the same purchase contract.

§ 6 Retention of title
1. In the case of contracts with companies, we retain title to the goods until all claims arising from an ongoing business relationship have been settled in full for the goods delivered.
2. We are entitled to withdraw from the contract and demand the return of the goods in the event of a breach of duty by the customer, in particular in the event of default in payment.
3. The entrepreneur is obliged to inform us immediately of any access by third parties to the goods, for example in the event of seizure, as well as any damage to or destruction of the goods.
4. In the event of retention of title, the entrepreneur is entitled to resell the goods in the ordinary course of business. He already now assigns to us all claims in the amount of the invoice amount which accrue to him from the resale against a third party. We accept the assignment. After the assignment, the entrepreneur is authorised to collect the claim. We will not disclose the assignment unless the entrepreneur is at least two weeks in arrears with a due claim. In this case, the entrepreneur undertakes to notify his business partners of the assignment made to us of his own accord and to submit his complete list of debtors to us without delay. In order to determine the names and addresses of our customer's business partners, we shall in this case have the right to inspect the entrepreneur's books. We undertake to release the securities to which we are entitled at the request of the entrepreneur if the realisable value of our securities exceeds the claim to be secured by more than 10%. In this respect, we shall be entitled to choose the release between different security interests.

§ 7 Cancellation policy
1. Consumers shall be entitled to a right of cancellation in accordance with the following policy - in application of the regulations on distance contracts - with regard to the purchased items, with the exception of distance contracts for the delivery of quickly perishable goods or whose expiry date would be exceeded:
2. Right of cancellation
You have the right to cancel this contract within fourteen days without stating reasons. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

The revocation is to be sent to:
Naturgarten Kaiserstuhl GmbH
Zum Kaiserstuhl 18
79206 Breisach
Tel. +49 (0)7667 - 90685-0
Fax +49 (0)7667 - 90685-29
E-mail: mail@naturgarten-kaiserstuhl.de

You can use the attached sample revocation form for this purpose, which is, however, not mandatory. You can also fill in and submit the model withdrawal form or another clear declaration electronically on our website(www.naturgarten-kaiserstuhl.de). If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail). In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

3. Consequences of cancellation
If you cancel this contract, we must refund 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 inexpensive standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received 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 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 to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.
You shall bear the direct 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 the condition, properties and functioning of the goods.

§ 8 Liability for material defects / Warranty
1. We warrant that the goods to be delivered have the contractual quality at the time of transfer of risk to the customer. With regard to the type, scope and quality of the delivery item, only the information contained in the presentation on the homepage shall be decisive. Details in other brochures, catalogues or advertisements are not binding in this respect.
2. If the buyer is an entrepreneur, we shall initially provide a warranty for defects or goods by means of replacement delivery at our discretion.
3. If the buyer is a consumer, he shall initially have the choice of whether subsequent performance is to be effected by repair or replacement delivery. However, we shall be entitled to refuse the type of supplementary performance desired if it is now possible at disproportionate cost and the other type of supplementary performance remains without significant disadvantages for the consumer.
4. If the supplementary performance fails for the second time, the customer may in principle demand a reduction of the remuneration (abatement) or cancellation of the contract (withdrawal) at his discretion. However, in the event of a minor breach of contract, in particular in the event of only minor defects, the customer shall not be entitled to withdraw from the contract.
5. Consumers must notify us in writing of obvious defects within a period of 1 month. This period for notification of defects begins with the delivery of the goods. The date of dispatch of the notification is decisive for compliance with the deadline. Entrepreneurs must notify us in writing of obvious defects immediately upon receipt of the goods, otherwise the assertion of the warranty claim is excluded. Timely dispatch shall be sufficient to meet the deadline. The entrepreneur shall bear the full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notification of the defect.
6. The warranty period for entrepreneurs is 1 year. For consumers, the warranty period is 2 years. This does not apply if the customer has not notified us of an obvious defect in good time (see clause 5 of this provision). The warranty periods begin to run from the time of the transfer of risk.
7. The customer does not receive guarantees in the legal sense from us.

§ 9 Liability
1. We are liable for damages if we, our legal representatives or our vicarious agents can be accused of intent or gross negligence. Furthermore, we shall be liable if guarantees have been given or if the damage has arisen due to our default or due to the impossibility of performance for which we are responsible.
2. In the case of slightly negligent breaches of duty, our liability shall be limited to the damage typically arising in the transaction in question. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. We shall not be liable to entrepreneurs in the event of a slightly negligent breach of immaterial contractual obligations.
3. The above limitations of liability do not affect claims of the customer arising from product liability. Furthermore, the limitations of liability do not apply to damages resulting from injury to the life, body or health of the customer.
4. Claims for damages by the customer due to a defect shall become statute-barred after one year from the transfer of risk. This does not apply if we can be accused of malice.
5. Data communication via the Internet cannot be guaranteed to be error-free or available at all times according to the current state of technology. We are therefore not liable for the constant and uninterrupted availability of our online trading system nor for technical or electronic errors over which we have no control, in particular not for the delayed processing or acceptance of offers.

§ 10 Final provisions
1. The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office in Breisach. The same shall apply if the customer does not have a general place of jurisdiction in Germany or if the customer's place of residence or habitual abode is unknown at the time the action is brought.
3. Should individual provisions of the contract with the customer, including these general terms and conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. An invalid, unclear or unenforceable provision shall be replaced or interpreted in such a way that the economic purpose intended by it is achieved. Gaps shall be filled in accordance with the intended economic purpose.

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

§ 11 Note on the protection ofminors
In accordance with the German Youth Protection Act, we do not sell wine to minors under the age of 16. Spirits are not sold to young people under the age of 18. By placing an order, the buyer confirms that he or she is of the required age according to the Youth Protection Act.

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