1. Subject matter and scope of the GTC
(1) These General Terms and Conditions are the binding rules that Sustaina Wines, owner Peter Stewart Douglas, Kösliner Str. 4b, 13357 Berlin, Mobile +49 1590 1300 895, E-Mai: douglas@sustainawines.com, hereinafter referred to as “Sustaina Wines, “we/us” – and you.
(2) These GTC apply regardless of whether users are consumers or entrepreneurs. The user is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural person or legal entity or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract.
(3) The version of the GTC valid at the time of conclusion of the contract shall apply.
(4) We do not accept any deviating terms and conditions of the user. This also applies if we do not expressly object to their inclusion.
2. Subject of performance
(1) We broker wine to customers on behalf of our principals, who are wineries.
(2) You have the possibility to inform yourself about wine products of different kinds via our homepage and by contacting us.
(3) It is possible to place order requests, which will be forwarded to the wineries. The purchase contract is concluded exclusively between the winery and the customer.
3. Booking requests
(1) Interested parties are free to submit order inquiries via an online form or by e-mail.
(2) In principle, these requests will be forwarded to the wineries. A claim to forwarding does not exist.
(3) The conclusion of the contract is the responsibility of the winery. The interested party has no claim to acceptance of the offer and conclusion of the purchase contract.
(4) The communication in the context of any contract negotiations between interested parties and winery is made by us.
(5) Forwarding shall only take place for natural persons if they are of age.
4. Responsibility of the winery -purchase contract with winery
(1) The Winery is responsible for the initiation of the contract, the product details, the execution of the contract and the ordered products.
(2) Only the information and messages on the part of the winery are forwarded to the interested party. A review of the information or a binding advice on the products does not take place.
(3) As a rule, the goods must be collected by the buyer. The details are the responsibility of the contracting parties, winery and buyer.
(4) Vintage deviations may exist and will be passed on as soon as the winery informs us about them.
(5) As a precaution, it is pointed out that all wines contain sulfites.
5. Liability
(1) We shall be liable in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, we shall only be liable – unless otherwise stipulated in para. 3 – in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which our contractual partner may regularly rely on (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, liability on our part shall be excluded subject to the provision in paragraph 3. This shall also apply to vicarious agents and persons authorized to represent us.
(3) Liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
6. Data protection
We undertake to treat all transmitted and processed data in accordance with the data protection rules of the Federal Republic of Germany. For this we refer to our privacy policy under the following link XXX
7. Final provisions
(1) We do not participate in any dispute resolution proceedings before a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act.
(2) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a consumer and have your habitual residence in another country, the application of mandatory legal provisions of that country shall remain unaffected by the choice of law made in sentence 1.
(3) If you are a merchant and have your registered office in Germany, the exclusive place of jurisdiction is Berlin . Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.
(4) There shall be no ancillary agreements. Any amendment to these provisions shall be made in writing. This also applies to the written form clause.
(5) Should individual provisions of this contract be invalid or unenforceable, this shall not affect the validity of the remaining provisions. The parties shall replace such provisions by effective and feasible provisions which correspond as closely as possible to the meaning and economic purpose as well as the intention of the parties at the time of conclusion of the contract. The same shall apply in the event of a gap in the contract.
