1. Scope and amendment of these terms and conditions
1.1. The following terms and conditions shall apply to all deliveries of SAS Domaine Bosc Long, P.O. Box 1107, 74220 Flein, Germany Email: post@domaine-bosclong.com Internet: http://www.domaine-bosclong.com Authorised representative: Andreas Rips, Domaine Director VAT ID: FR 4149 126 5369 to buyers (entrepreneurs and consumers). The invalidity of individual conditions shall not affect the validity of the remaining conditions. The same applies if individual conditions do not become part of the contract. 1.2 Amendments to these terms and conditions shall be notified to the contracting party in text form. They are deemed to be approved if the contracting partner does not raise an objection in text form. SAS Domaine Bosc Long shall specifically inform the contracting partner about this consequence when announcing the changes. The contractual partner must send the objection to SAS Domaine Bosc Long within 6 weeks after notification of the changes.
2. conclusion of contract
2.1 The offer of SAS Domaine Bosc Long is subject to change. 2.2 If contracts with entrepreneurs are concluded subject to written confirmation or confirmation in text form, the content of the confirmation letter of SAS Domaine Bosc Long is decisive, unless the recipient immediately objects. 2.3 In accordance with the Youth Protection Act, SAS Domaine Bosc Long does not sell wine to young people under the age of 16. Spirits are not sold to minors under the age of 18. By placing an order, the buyer confirms that he/she is of the required age to order the goods in accordance with the Youth Protection Act.
3. Delivery
3.1 SAS Domaine Bosc Long is entitled to provide the contractual service in partial deliveries if this is reasonable for the buyer. If delivery on call is agreed, the buyer shall call within a reasonable period. 3.2 If a vintage of an ordered product is sold out, SAS Domaine Bosc Long is entitled to deliver a subsequent vintage. 3.3 If the delivery becomes impossible or excessively difficult in the sense of § 275 paragraph 2 BGB (German Civil Code) due to force majeure, official measures, shutdown, strike, extreme weather conditions (e.g. heat, hail, frost or danger of frost) or similar circumstances – also at suppliers of SAS Domaine Bosc Long – SAS Domaine Bosc Long is released from the delivery obligation for the duration of the hindrance and its after-effects. This also entitles SAS Domaine Bosc Long to withdraw from the contract if and to the extent that it can no longer reasonably be expected to adhere to the contract. In the event of non-delivery or insufficient delivery to SAS Domaine Bosc Long by its upstream suppliers, SAS Domaine Bosc Long is fully or partially released from its delivery obligations towards entrepreneurs. This only applies if it has taken the necessary precautions to procure the auxiliary or operating materials it requires and has carefully selected its upstream suppliers. In this case, it undertakes to assign its claims against the supplier to the entrepreneur on request. In this case, the entrepreneur remains obliged to counter-performance in accordance with § 326 para. 3 BGB. SAS Domaine Bosc Long shall immediately inform the entrepreneur about the occurrence of the above-mentioned events and the non-availability and, in the case of withdrawal, immediately reimburse the entrepreneur’s counter-performance. 3.4 Transport cost increases and tariff changes can be added to the purchase price by SAS Domaine Bosc Long if the delivery takes place later than four months after conclusion of the contract through no fault of SAS Domaine Bosc Long. 3.5 The shipment – also within the same place of dispatch – is carried out at the expense of the buyer to the address indicated. In the case of shipment to an entrepreneur, the entrepreneur shall bear the risk; this shall also apply in the case of carriage paid delivery. SAS Domaine Bosc Long chooses the mode of dispatch, unless the buyer has given special instructions. At the request of the buyer, SAS Domaine Bosc Long will take out transport insurance to the extent requested by the buyer and at the buyer’s expense. 3.6 In case of purchase by sample, the samples provided by SAS Domaine Bosc Long shall be considered as samples. Delivery is made while stocks last. Should a vintage be sold out, we reserve the right to deliver a subsequent vintage. 3.7 The following applies to the delivery of bulk wine: The buyer undertakes to accept bulk wine at the latest six weeks after conclusion of the purchase contract and to notify the acceptance date at least two days in advance. Upon conclusion of the purchase contract, storage shall be at the risk of the buyer. The sale of bulk wine, grapes, mash or must shall be “ex cellar”. The filling costs as well as the costs of loading shall be borne by the buyer. The quantity stated in the order confirmation for bulk wine does not refer to the container (half-piece, piece, carton, tank, etc.), but to the number of litres resulting from the acceptance.
4. Prices and packaging
4.1 The prices are inclusive of VAT. Unless otherwise agreed, delivery shall be made in 0.75 l bottles in cartons containing six bottles at no extra charge. Delivery shall be made within Germany, depending on the quantity by forwarding agent or parcel service; the following freight rates shall be charged: For parcel service, shipping cartons, shipping costs and fees are included for orders of 12 bottles or more. Up to 12 bottles parcel service 7,50 Euro / parcel (box of 6/12 bottles). The following freight rates are charged for freight forwarding: From 73 bottles to 180 bottles 0,30 Euro / bottle incl. VAT. From 180 bottles the delivery is free of charge. 4.2 With the publication of a new price list, all previous price lists shall become invalid. 4.3 When bottled wine is delivered, the goods shall be packaged in the customary manner. Returnable packaging shall be emptied by the buyer and returned immediately in perfect condition at his own expense. They may not be filled with other goods or used in any other way.
5. Notices of defects from the contractor
5.1 Complaints due to obviously defective or obviously deviating quality of the goods or due to delivery of obviously different goods than ordered can only be asserted by the entrepreneur immediately, at the latest, however, within one week after receipt of the goods or after the defect became obvious. SAS Domaine Bosc Long is liable for defect claims against entrepreneurs for one year. 5.2 The entrepreneur must inspect the goods immediately upon receipt with regard to quantity, quality, condition and is obliged to note obvious defects on the receipt. Otherwise, § 377 of the German Commercial Code (HGB) shall apply in the relationship with entrepreneurs.
6. Settlement control
Invoices issued by SAS Domaine Bosc Long are to be checked immediately by the entrepreneur for their correctness, in particular with regard to the VAT rate shown. SAS Domaine Bosc Long must be notified in writing of any complaints or incorrect VAT rates within 14 days of receipt of the invoice. If SAS Domaine Bosc Long does not receive any notification from the entrepreneur within the 14-day period, the VAT rate shown by SAS Domaine Bosc Long is decisive.
7. Payment
7.1 In the case of delivery of bulk wine, the purchase price shall be paid six weeks after conclusion of the purchase contract without deductions, free of postage and expenses, but no later than upon delivery of the goods. For the delivery of all other products, the purchase price of the ordered goods is due immediately upon receipt of the order confirmation. SAS Domaine Bosc Long is not obliged to deliver to the buyer until the money has been received in full. Our bank details are: Volksbank Neckartal eG Account: 263 195 01 BLZ: 672 917 00 IBAN: DE98 6729 1700 0026 3195 01 BIC: GENODE61NGD 7.2 In case of payment by cheque, the receipt of the cheque by SAS Domaine Bosc Long is not considered as fulfilment, but only its unconditional crediting. 7.3 If payment terms other than those stipulated in 7.1 are agreed, all mutual claims arising from the business relationship shall be placed in a current account to which the provisions of §§ 355 ff. HGB apply. The balance notifications of SAS Domaine Bosc Long are deemed to be statements of account. The balance is deemed to be accepted if the buyer does not raise objections within 6 weeks after receipt of the statement of account. SAS Domaine Bosc Long will specifically point this out when sending the statement of account. Legal claims remain unaffected. 7.4 The buyer can only offset counterclaims which are not disputed by SAS Domaine Bosc Long or which have been legally established. The buyer cannot exercise a right of retention that is not based on the same contractual relationship.
8. Impaired performance
In case of default of acceptance by the buyer, SAS Domaine Bosc Long shall store the goods at its premises or at the premises of a third party at the expense and risk of the buyer.
9. Retention of title
9.1 If payment terms other than those regulated in 7.1 are agreed, the delivered goods shall remain the property of SAS Domaine Bosc Long until the purchase price has been paid in full. In relation to entrepreneurs, this also applies to all claims that SAS Domaine Bosc Long has or will acquire against the buyer from the business relationship. SAS Domaine Bosc Long is entitled to withdraw from the contract in case of breach of contract by the buyer, in particular if the buyer is in default of payment, after setting a reasonable deadline. 9.2 If the goods subject to retention of title are inseparably blended or mixed with other wines or packaged with other goods to form a new sales unit, SAS Domaine Bosc Long acquires co-ownership of the unified item in a proportion that corresponds to the value of its goods subject to retention of title in relation to the value of the goods blended with these goods at the time of blending or mixing or packaging. 9.3 The treatment and processing of the reserved goods by the buyer is always carried out for SAS Domaine Bosc Long. If the goods subject to retention of title are processed with other objects not belonging to SAS Domaine Bosc Long, SAS Domaine Bosc Long acquires co-ownership of the new object in proportion of the value of the goods subject to retention of title to the other processed objects at the time of processing. 9.4 At the request of SAS Domaine Bosc Long, the buyer shall insure the goods belonging to SAS Domaine Bosc Long to a reasonable extent against the usual risks at his own expense and assign the insurance claims to SAS Domaine Bosc Long. SAS Domaine Bosc Long is also entitled to pay the insurance premiums at the expense of the buyer. 9.5 The buyer is only entitled to resell the goods – including the goods produced by blending, mixing, processing or machining – within the scope of his ordinary business operations. He is not authorised to dispose of these goods in any other way, in particular to pledge them or assign them as security. 9.6 The entrepreneur hereby assigns all claims arising from the resale of the goods subject to retention of title to SAS Domaine Bosc Long. The same applies to other claims that replace the goods subject to retention of title or otherwise arise with regard to the goods subject to retention of title. In case of processing, this applies with the proviso that a first-ranking partial amount is assigned, which corresponds to the co-ownership share of SAS Domaine Bosc Long in the sold goods. If the entrepreneur sells goods owned or co-owned by SAS Domaine Bosc Long together with other goods not belonging to SAS Domaine Bosc Long for a total price, the entrepreneur already now assigns a first-ranking partial amount of this total claim corresponding to the share of the reserved goods to SAS Domaine Bosc Long. 9.7 The contractor is authorised to collect the assigned claims from the resale. SAS Domaine Bosc Long may revoke this collection authorisation at any time if the entrepreneur does not meet his payment obligations, is in default of payment, has filed for insolvency or if payments have been suspended or third parties have taken enforcement measures. Upon request, the entrepreneur has to name the debtors of the assigned claims to SAS Domaine Bosc Long, to inform them about the assignment or to hand over the assignment notices to SAS Domaine Bosc Long. As long as the entrepreneur fulfils his payment obligations, SAS Domaine Bosc Long will not disclose the assignment. If the realisable value of the securities existing for SAS Domaine Bosc Long exceeds the claims by more than 10 % in total, SAS Domaine Bosc Long is obliged to release securities of its choice upon request of the entrepreneur.
10. Cancellation policy for consumers within the meaning of § 13 BGB (German Civil Code)
Right of revocation You may revoke your contractual declaration within two weeks without stating reasons in text form (e.g. letter, fax, e-mail) or – if the goods are delivered to you before the deadline – by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before we have fulfilled our obligations to inform you according to Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB ((but not before we have fulfilled our obligations according to § 312e para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB)). The timely dispatch of the revocation or the item shall be sufficient to comply with the revocation period. The revocation is to be sent to: SAS Domaine Bosc Long P.O. Box 1107 D-74220 Flein Consequences of revocation In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return the performance received in whole or in part or only in a deteriorated condition, you may be required to compensate us for the loss in value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection – as would have been possible for you in a shop, for example. In addition, you can avoid the obligation to pay compensation for the value of the deterioration caused by the intended use of the item by not using the item as if it were your property and refraining from doing anything that could impair its value. Items that can be sent by parcel post are to be returned. You must bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros, or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you. Items that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. For you, the period begins with the dispatch of your notice of cancellation or the item, for us with its receipt. End of the cancellation policy
11. Place of performance and jurisdiction
The place of performance and jurisdiction for both contracting parties is 74223 Flein (Germany) if the Buyer is a merchant or a legal entity under public law or a special fund under public law or if his place of residence is outside the Federal Republic of Germany.