1. Scope, contracting party
1.1 These General Terms and Conditions apply to all orders placed through the online shop at 8247winery.com with AmericanWineExpert GmbH, Platz der Ideen 2, 40476 Düsseldorf, Germany.
1.2 The wines offered in this shop come from the estate of 8247 Weinbau AG, Flurlingen, Switzerland. Your contractual partner is exclusively AmericanWineExpert GmbH.
1.3 The version of these terms valid at the time of your order applies. We do not accept deviating terms of the customer unless we have expressly agreed to them in writing.
1.4 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
2. Age limit
2.1 We sell alcoholic beverages exclusively to persons who have reached the age of 18. By placing an order you confirm that you are at least 18 years old.
2.2 We reserve the right to request proof of age on delivery and to refuse handover to minors.
3. Conclusion of contract
3.1 The presentation of products in the online shop does not constitute a legally binding offer but a non-binding invitation to order.
3.2 By clicking the order button you submit a binding offer to purchase the goods in your basket. Before submitting the order you can review your entries at any time and correct them using your browser.
3.3 We confirm receipt of your order by e-mail without delay. This confirmation of receipt does not yet constitute acceptance of your offer. The contract is concluded when we expressly accept your order or dispatch the goods.
3.4 We store the text of the contract. Your order details and these terms are sent to you by e-mail.
3.5 Orders can be placed in German and English.
4. Prices and shipping costs
4.1 All prices shown are final prices in euros and include statutory VAT.
4.2 Shipping costs are added to the price of the goods. Please refer to our shipping information page and the summary shown during checkout before you place your order.
5. Delivery
5.1 We deliver to the countries selectable during checkout. This shop does not deliver to Switzerland.
5.2 Delivery is made to the address you provide. Delivery times are stated on the product page and on the shipping information page.
5.3 If the ordered goods are unavailable because we are not supplied through no fault of our own, we may withdraw from the contract. We will inform you without delay and refund any payments already made.
5.4 If delivery is delayed because acceptance fails or an incorrect delivery address was given, any additional costs are borne by you insofar as you are responsible for them.
6. Payment
6.1 The payment methods shown during checkout are available. Payments are processed by our payment service provider Mollie B.V.
6.2 The purchase price is due upon conclusion of the contract unless stated otherwise for the payment method chosen.
6.3 Statutory provisions apply in the event of late payment.
7. Retention of title
The goods delivered remain our property until payment has been made in full.
8. Right of withdrawal
Consumers have a statutory right of withdrawal. Details can be found in our cancellation policy, which also contains the model withdrawal form.
9. Warranty
9.1 Statutory warranty rights apply.
9.2 Wine is a natural product. Usual variations in colour, aroma and taste between vintages, as well as natural sediment in matured wines, do not constitute a defect.
9.3 Should a bottle be corked or otherwise defective, please contact us at marty@americanwine.club. Your statutory rights remain unaffected.
9.4 Please report transport damage as promptly as possible and document it where you can. This is not a condition of your statutory rights but helps us pursue claims against the carrier.
10. Liability
10.1 We are liable without limitation for damage arising from injury to life, body or health, in cases of intent and gross negligence, fraudulent concealment of a defect, assumption of a guarantee, and under the German Product Liability Act.
10.2 In the event of slightly negligent breach of a material contractual obligation, our liability is limited to the foreseeable damage typical for this type of contract. Material obligations are those whose fulfilment makes proper performance of the contract possible in the first place and on whose observance you may regularly rely.
10.3 Any further liability is excluded.
11. Dispute resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
12. Final provisions
12.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.
12.2 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 this contractual relationship is Düsseldorf.
12.3 Should individual provisions of these terms be invalid, the validity of the remaining provisions remains unaffected.