1. Scope

1.1.

All deliveries and services of History & Heraldry GmbH in the wine trade are carried out exclusively on the basis of these General Terms and Conditions in the version valid at the time of an order.

1.2

Where these General Terms and Conditions refer to customers, this includes both consumers within the meaning of Section 13 of the German Civil Code (BGB) and entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB).

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional. An entrepreneur is a natural or legal person, or a person or company with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.3.
For legal transactions with entrepreneurs, conflicting or supplementary general terms and conditions used by the entrepreneur are not agreed upon. Their validity is hereby expressly rejected. They will only become part of the contract if History & Heraldry GmbH has expressly agreed to them.

2. Subject of the contract

2.1.
The subject of the contracts to be concluded is the purchase and delivery of products, in particular wines, offered on the History & Heraldry GmbH website
– https://www.tenutacappellina.com/eu/ – or in any other way.

2.2.
All offers on this website are subject to availability, unless expressly stated otherwise. Errors and omissions excepted.

2.3.
Descriptions of services on the History & Heraldry GmbH website do not constitute a warranty or guarantee.

3. Order process

3.1.
The presentation of the products on the website https://www.tenutacappellina.com/eu/ stellen lediglich unverbindliche Aufforderungen an Kunden dar, Ware im Online-Shop der History & Heraldry GmbH zu bestellen.

These are not legally binding offers, but a non-binding online catalogue.

3.2.

Customers can initially place the products in the shopping cart without obligation and correct their entries at any time before submitting a binding order by using the order process provided for this purpose and the correction tools explained.

3.3.
By clicking on the “Order with payment” button, the customer submits a binding offer to History & Heraldry GmbH.

3.4.

We will confirm receipt of the purchase offer after the order process. This confirmation of receipt does not constitute a contract between the customer and History & Heraldry GmbH.

History & Heraldry GmbH will issue a declaration of acceptance/order confirmation in a separate email within 5 days. The purchase contract is concluded with the express order confirmation or the sending of an invoice. The purchase contract is also concluded if History & Heraldry GmbH ships or hands over the ordered goods to the customer within 5 days, or confirms shipment to the customer within 5 days with a second email.

3.5.

The products offered are sold in commercially available quantities.

The minimum order value is 6 bottles, unless a lower order quantity is noted or a higher maximum order quantity is agreed.

A minimum order quantity may be specified for individual offers.

3.6.
The one on the website https://www.tenutacappellina.com/eu Any other product-descriptive information, such as photos or descriptions, is non-binding unless expressly marked as binding. Minor deviations from such product-descriptive information remain reserved and do not affect the fulfilment of contracts unless they are unreasonable.

3.7

The prerequisite for the conclusion of a contract between the customer and History & Heraldry GmbH is that the customer is 18 years of age or older at the time the contract is concluded.

We reserve the right to review each order. By clicking the checkbox and accepting our General Terms and Conditions during the ordering process, you declare that you are of legal age and have full legal capacity. By submitting your order, you confirm that you are over 18 years of age and that all age, name, and address information is correct. As a customer, you are obligated to ensure that only you or an adult authorized by you can accept delivery of the goods. If minors place orders by providing false information and/or without the consent of their adult guardians or authorized representatives, History & Heraldry GmbH hereby revokes these contracts as a precautionary measure in accordance with Section 111 of the German Civil Code (BGB).

During delivery, the shipping service provider may require additional age verification if the person receiving the delivery provides a valid reason for doing so. Ordered goods will not be delivered to persons under the age of 18. If the delivery cannot be made at the door due to age verification, you will be responsible for the additional costs of returning the order.

4. Cancellation policy

Right of Withdrawal

The customer has the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days:

1. In the case of a contract for the sale of goods, from the day on which the customer or a third party other than the carrier designated by him takes possession of the goods;
2. In the case of a contract for several goods, from the day on which the customer or a third party other than the carrier designated by him takes possession of the last good;
3. In the case of a contract for the delivery of goods in several partial deliveries or in pieces, from the day on which the customer or a third party other than the carrier designated by him takes possession of the last partial delivery or the last piece;
4. In the case of a contract for the regular delivery of goods over a specified period of time, from the day on which the customer or a third party other than the carrier designated by him takes possession of the first good;
5. In the case of a service contract, from the date of conclusion of the contract. 

To exercise the right of withdrawal, the customer must inform History & Heraldry GmbH,
Speersort 166, 21723 Hollern-Twielenfleth, E-Mail welcome@hh-germany.de, telephone number 49 (0) 41 41 / 79 32 -10/-20, by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. The customer may use the attached model withdrawal form for this purpose, although this is not mandatory.

To comply with the cancellation period, it is sufficient for the customer to send the notification of the exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If the customer withdraws from the contract, History & Heraldry GmbH shall reimburse all payments received from the customer, including delivery costs (with the exception of additional costs resulting from the customer choosing a delivery method other than the cheapest standard delivery offered by History & Heraldry GmbH), promptly and at the latest within 14 days from the date on which History & Heraldry GmbH received notification of the customer's withdrawal from this contract.

 For the refund, History & Heraldry GmbH will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer. Under no circumstances will History & Heraldry GmbH charge the customer any fees for this refund. History & Heraldry GmbH may refuse to refund until History & Heraldry GmbH has received the goods back or the customer has provided proof that they have returned the goods, whichever is earlier.

The customer must return or hand over the goods to us promptly and in any event no later than 14 days from the date on which the customer notifies us of the cancellation of this contract. This deadline is met if the customer sends the goods before the expiry of the 14-day period. History & Heraldry GmbH shall bear the direct costs of returning the goods. The customer is only liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary to check their quality, properties, and functioning.

Note Exclusion of the right of withdrawal

The right of withdrawal does not apply if the customer is an entrepreneur according to Section 14 of the German Civil Code (BGB). The right of withdrawal also does not apply:

1. For contracts for the supply of goods which are liable to deteriorate quickly or whose expiry date would be quickly exceeded;
2. In the case of contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
3. In the case of contracts for the supply of alcoholic beverages, the price of which was agreed upon at the time of conclusion of the contract, but which can only be delivered 30 days after conclusion of the contract at the earliest and whose current value depends on fluctuations in the market over which the entrepreneur has no influence (vin primuer).

Sample cancellation form

If you wish to cancel the contract, please fill out this form and return it to:

                        To History & Heraldry GmbH, Speersort 166, 21723 Hollern-Twielenfleth,

                        E-Mail welcome@hh-germany.de, Telefonnummer 49 (0) 41 41 / 79 32 -10/-20:

                        I/we (*) hereby revoke the contract concluded by me/us (*)

                        for the sale of the following goods (*)

                        the sale of the following goods (*) / the provision of the following

                        Service (*):

                        ordered on (*) / received on (*):

Name of the consumer(s)

Address of the consumer(s):
Signature of the consumer(s): (only for notification on paper)
Datum

(*) Delete as appropriate

5. Prices and shipping costs

5.1.
The prices and shipping costs stated on the History & Heraldry GmbH product page or in these General Terms and Conditions are in euros. All prices stated are valid only at the time of order.

The prices are final prices and include statutory VAT and other price components.

The price per liter is also indicated.

5.2.
Shipping and packaging costs vary according to destination country and shipping units (number).

The exact costs are displayed to the customer in the shopping cart or can be found in the shipping costs table.

5.3.
Payment can be made either in advance or by credit card.

If the customer chooses to pay in advance, History & Heraldry GmbH will provide the bank details in the order confirmation and will deliver the goods after receipt of payment.

When paying by credit card, the customer's account will be debited immediately upon completion of the order.

In the event of default in payment, the customer undertakes to reimburse History & Heraldry GmbH for all costs incurred in pursuing claims arising from the contractual relationship, in particular chargeback fees and the costs of engaging debt collection agencies and lawyers, as well as default interest at a rate of 5 percentage points above the respective base interest rate.

A fee of EUR 5.00 per transaction will be charged for processing late payments.

If the customer is not a consumer, the default interest rate shall be 8 percentage points above the base interest rate.

History & Heraldry GmbH reserves the right to prove and assert higher damages for delay.

6. Delivery

6.1.

Delivery will be made to the delivery address provided by the customer.

6.2.

The availability of the goods is determined from the information on the website https://www.tenutacappellina.com/eu . Soweit nichts anderes angegeben, erfolgt die Lieferung innerhalb von 5 Tagen.

Deliveries are always made while stocks last.

Should a product ordered by the customer, contrary to expectations, be unavailable for reasons beyond the control of History & Heraldry GmbH or the supplier, History & Heraldry GmbH will offer the customer a product of equivalent quality and price instead of the ordered product, which the customer is not obligated to accept. The customer will be informed immediately. Any payments already made by the customer will be refunded immediately.

6.3

If the customer sets a reasonable grace period with a threat of rejection after History & Heraldry GmbH has been in default with the delivery, the customer shall be entitled, after the expiration of this grace period without result, to withdraw from the contract or to demand compensation for damages due to non-performance.

6.4.

If delivery delays are due to reasons beyond History & Heraldry GmbH's and the relevant suppliers' control (force majeure, third-party fault, etc.), the delivery period will be extended appropriately. The customer will be notified immediately. If the reasons for the delay persist for more than four weeks after the conclusion of the contract, either party is entitled to withdraw from the contract.

6.5.

If the purchase is of consumer goods, History & Heraldry GmbH bears the risk of accidental loss or accidental deterioration.

6.6.

If the customer defaults on acceptance of the delivery or violates other obligations to cooperate, History & Heraldry GmbH is entitled to demand compensation for the damage incurred, including any additional expenses. In this case, the risk of accidental loss or additional deterioration of the purchased item shall pass to the customer at the time the customer defaults on acceptance.

6.7.

None of the conditions governing the delivery of goods set out in this clause restricts the customer’s statutory right of withdrawal.

7. Retention of title

   All deliveries by History & Heraldry GmbH, even those made directly by suppliers, are subject to retention of title by History & Heraldry GmbH. Ownership of the delivered goods passes to the customer upon full payment of the purchase price.

8. Warranty

8.1.

Any claims of the customer against History & Heraldry GmbH in the event of defects shall be governed exclusively by the statutory provisions, unless deviations are agreed upon in the following provisions.

8.2.
Damage caused by improper or contractually non-compliant actions during unpacking or storage by the customer shall not constitute grounds for claims against History & Heraldry GmbH.

9. Liability

9.1.

In case of obvious transport damage (broken pieces, softened packaging, etc.), the customer must refuse acceptance of the package and return it to History & Heraldry GmbH.

Upon acceptance of the package, the customer must obtain confirmation of the damage from the shipping company. History & Heraldry GmbH will provide full compensation provided a corresponding damage report has been received or the damaged goods have been received by History & Heraldry GmbH.

9.2.

Regardless of the legal basis, History & Heraldry GmbH is liable exclusively for damages caused intentionally, through gross negligence or, in the event of a breach of an essential contractual obligation, through simple negligence by employees and vicarious agents of History & Heraldry GmbH.

Any obligation is essential to the contract if its fulfilment is essential for the proper execution of the contract and if the customer regularly relies on and may rely on its compliance.

9.3.

In the event of simple negligence within the meaning of the above provision, the liability of History & Heraldry GmbH is limited to typical damages which were foreseeable at the time the contract was concluded or at the time the duty was breached.

9.4.

The liability of History & Heraldry GmbH due to the breach of an expressly granted guarantee, for damages under the Product Liability Act or for injury to life, body or health remains unaffected.

10. Alternative dispute resolution according to Article 14 (1) ODR-VO and Section 36 VSBG

The EU Commission provides a platform for online dispute resolution for consumer disputes arising from the online sale of goods or the online provision of services to consumers (ODR platform). The ODR platform can be accessed via the following link: https://webgate.ec.europa.eu/odr/

The email address of History & Heraldry GmbH is: welcome@hh-germany.de.

History & Heraldry GmbH is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

11. Final provisions

11.1.

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

In the case of consumers, this choice of law does not affect the mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

11.2.
If the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship between the customer and History & Heraldry GmbH is the registered office of History & Heraldry GmbH.

11.3.

The customer may only offset counterclaims against claims of History & Heraldry GmbH if these are either undisputed, legally established or ready for decision.

11.4.
No additional agreements were made.

11.5.

Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected.

Hollern-Twielenfleth, July 1st, 2024

History & Heraldry GmbH