As of January 2017
§ 1 Scope
These General Terms and Conditions (hereinafter GTC) of LibanonWeine.de (hereinafter: Seller) shall apply to all contracts between a consumer or employer (hereinafter: Customer) and the Seller with the regard to the wines and goods featured in the Seller’s online store. Herewith the inclusion of the Customer‘s own terms and conditions is rejected, except when agreed upon by both parties.
The Customer is a consumer, as long as the purpose of the purchased supplies and services is not predominately commercial or for an independent occupational function (§ 13 BGB). An employer, on the other hand, is any natural or legal person or legal business partnership that upon conclusion of the contract acts according to its commercial or independent professional activity (§ 14 BGB).
§ 2 Conclusion of Contract
The selection on the website LibanonWeine.de is non-binding. Pictures of bottles are only representative examples.
The Customer makes a binding offer for contract conclusion by using the “check-out“ button during the ordering process. The Seller can accept the Customer’s offer within 2-5 business days by sending the Customer an order confirmation in the mail or by e-mail, in which the time of receipt is crucial, or the Seller can accept the offer by requesting payment for the order prior to delivery. If the Seller does not accept the offer within this time period, then the offer is to be considered refuse
Upon submitting the offer through the online order form of the Seller, the text of the contract will be saved by the Seller and sent to the Customer along with the order and a copy of the GTC in text format (f.e. by email or letter). Additionally the text of the contract will be archived on the webpage of the Seller, which can be accessed free of charge by the Customer at any time through a password protected customer account upon disclosure of the corresponding data, as long as the Customer created an account in the online shop of the Seller prior to ordering.
Order processing and communication generally take place through e-mail and automated order processing. The Customer must verify that the e-mail address given for order processing is correct, so that all email communication from the Seller can be received. The Customer needs to take special care when using a spam filter that the e-mails from the Seller and from any third party involved in the order processing can be received.
§ 3 Child Protection
According to child protection legislation alcoholic beverages may only be shipped to persons who have reached their 18th birthday. The right to give an exam is reserved. When ordering an alcoholic beverage the Customer confirms by submitting his or her order that he or she is of legal drinking age, and commits to either personally accept the delivery, or authorizes another person of age to accept the delivery on his or her behalf. The Customer has the obligation to ensure that only he or she or an authorized person of age will accept the shipment. If someone under age submits an order by furnishing false information, or without the authorization of a responsible adult, then the Seller herewith revokes this contract.
During delivery an additional age verification may take place through the shipping provider, if the person accepting the delivery evidences a cause for concern. Delivery of ordered products to people under the age of 18 does not take place. If the delivery cannot be left at the home due to failed age verification, then the Customer is responsible for any additional cost for the return of the product.
§ 4 Cancellation
Consumers have a legal cancellation right upon completion of a long distance transaction, for which the supplier is required to furnish information in accordance with the legal wording. Paragraph below provides a cancellation wording example, please fill out our form and send it back to us.
Comapny: Roland Merheb
Address: Geislarstr. 90, 53225, Germany
- Herein do I/we (*) cancel the sealed contract about the purchase of the following product(s). (*)
- Ordered on the (*)/ received on the (*)
- Name(s) of the consumer(s)
- Mailing Address(es) of the consumer(s)
- Signature of the consumer(s) (only in cases of written paper notice)
(*) Delete whichever is inapplicable
Right of Cancellation
You have the right to cancel this contract within fourteen days without giving reason. The cancellation period of fourteen days is counted from the day of the contract. In order to exercise your right of cancellation, you must inform in writing by email at Libanonweine@libanonweine.de about your decision to cancel this contract. In order to fall within the cancellation period, your notice executing your right to cancellation must be sent prior to the 14 day cancellation deadline.
Consequences of Cancellation
If this contract is cancelled, then we are obligated to return all payments to the Customer, including the shipping costs (excluding additional shipping costs that the Customer chose to incur for selecting a delivery method different from our affordable standard delivery), without hesitation and within 14 days of receipt of the cancellation notice. The refund will be sent using the same payment method in which the original transaction took place, unless there was an explicitly different agreement. In no case will there be fees associated with a refund. The refund may be denied until the item is returned, or until you have shown proof of shipping out the delivery for return, whichever is earlier.
The products are to be returned without delay and at the latest within fourteen days of sending us a contract cancellation notice. The deadline is met if the product is shipped out within those fourteen days.
Early Termination of the Right of Cancellation
Your right of cancellation for a contract is terminated early in cases of delivery of a non-physical data carrier with digital content, if you have expressly given the permission to execute the contract prior to the expiration of the cancellation period and acknowledge that your agreement to begin the contract causes you to lose your right of cancellation.
§ 5 Warranty
Applicable laws apply. The limitation period for warranty claims for defects is two years after delivery of the product, unless the Customer is a business. In this case the limitation period is shortened to one year.
We would like to point out, that the Customer is obligated to prove a deficiency in the product according to applicable laws. After speaking with our customer service the broken bottle should be re-corked with the same cork, if possible, and sealed with the help of glue or packaging tape and should then be returned. The resulting expenses will be replaced under the condition of warranty according to applicable laws. An example of such an expense would be the cost to return the item. It is in your own interest to not discard the broken product.
If delivered products evidence any obvious material and production defects, or delivery damage, please notify us or the shipper of the problem immediately. This is not mandatory and is not a prerequisite in order to verify your claims, however, we are not able to make any claims toward the shipper if you do not notify them. Keeping the previously laid out provision does not affect your claim, as long as your order as a consumer is for personal reasons. Businesses are made aware of their obligations under § 377 HGB.
§ 6 Liability
The Seller is liable to the Customer for all contractual and quasi-contractual legalities, including tortuous claims of damages and expenses in the following manner:
The Seller is liable for every legal reason in case of intent and gross negligence, in case of negligent or deliberate fatal injury, physical injury or injury to health, due to a guarantee, as long as it is not regulated differently due to compulsory liability as defined in § 2.
If the Seller negligently violates its essential contractual obligation, liability is limited to foreseeable damages that are typical for the contract, as long as liability is not unlimited according to . Essential contractual obligations are obligations which the Seller’s contract has laid out in its content, the fulfillment of which make the proper execution of the contract possible, and in which the Customer can have full confidence.
In all other cases the Seller cannot be held liable.
The above specified liability provisions also apply in regard to the Seller’s liability for its vicarious agents and legal representatives.
§ 7 Data Privacy
All personal data that is needed for commerce is stored. We naturally hold ourselves accountable to comprehensive protection of your personal data according to the the provisions of the German Federal Data Protection Act. Further information about data protection can be found in our privacy statement here.
§ 8 Governing Law
All legal relationships of the parties are subject to the laws of the Federal Republic of Germany, except for the laws about the international purchase of movable goods. With consumers these selected laws apply only if the protection granted is not withdrawn due to compelling regulations of the right of the state, in which the consumer has his usual residence.
§ 9 Place of Jurisdiction
If the Customer acts as a merchant, legal entity of public law, or of special fund under public law within the territory of the Federal Republic of Germany, then the sole place of jurisdiction for all disputes of contract shall be the domicile of the Seller. If the Customer resides outside of the territory of the Federal Republic of Germany, then the residence of the Seller will be the sole place of jurisdiction for all disputes of this contract, if the contract or the claims of the contract can be attributed to the vocational or commercial activities of the Customer. In this case, the Seller has the right to call the court in the jurisdiction of the Customer.
§ 10 Pricing and Terms of Payment
All pricing shown is retail pricing. Prices are in Euro and include the individually applicable value added tax plus shipping costs, which are extra. The price at the time of the order is binding. The Customer has different payment methods available, which are stated below.
- If prepayment is agreed upon, then payment is due immediately after contract agreement.
- When choosing Invoice as your payment method, and you've submitted the order, you will receive an e-mail with account details to make payment
- When choosing Visa or Master Card as your payment method, the amount will be debited from your credit card once the order is submitted
- Payment through instant transfer is processed during the order process on the payment page of the specific payment method chosen, and is done by you personally on the page that you are taken to. If payment by invoice is chosen, then you will receive an invoice by email and payment will be due in our account within seven days.
The product is shipped following receipt of payment.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. Consumers may contact [Name, Address, Website of arbitration board] for the settlements of their disputes. We are obliged to participate in arbitration proceeding before that board.