1) SCOPE OF APPLICATION
These terms and conditions apply to all business relationships, offers, deliveries and services between the customer and Richard Bavion. All services and deliveries are made exclusively on the basis of these terms and conditions.
2) ORDER AND AVAILABILITY
(1) All information on goods and prices on Richard Bavion's website are subject to change and non-binding.
(2) With the order, the customer makes a legally binding offer to Richard Bavion to purchase the goods selected by the customer from the range in accordance with these terms and conditions, to which he is bound fourteen calendar days after delivery. Richard Bavion is not obliged to accept the order. After receipt of the order, Richard Bavion will send the customer a confirmation by email in which the details of the order are listed (order confirmation). The customer also receives information as to whether the product you have ordered is available and will be shipped or when it can be delivered (shipping confirmation). A legally valid contract is only concluded when the customer confirms the conditions, delivery date and payment conditions listed in the shipping confirmation (see delivery and payment).
3) DELIVERY, AVAILABILITY OF GOODS
(1) Richard Bavion only delivers goods to the delivery address specified by the customer.
(2) If the ordered goods are in stock, the order will be processed after receipt of the confirmation and payment, usually within 4 working days (Monday to Friday), so that delivery is usually within 3-7 working days after receipt confirmation by the customer. It should be noted, however, that all shipping and delivery dates given by Richard Bavion are non-binding estimates and do not establish any binding delivery and service dates.
(3) If the order includes more than one product, Richard Bavion is entitled to make partial deliveries to the address given in the order, should this become necessary, for example for technical or logistical reasons, and should this be reasonable for the customer after weighing his interests and those of Richard Bavion be.
(4) Although Richard Bavion tries very hard to ensure the constant availability of the goods on offer, it can happen that a certain product is no longer available, e.g. because it is no longer manufactured or is no longer available or Richard Bavion himself from its own suppliers is not supplied. In such a case Richard Bavion will try to inform the customer as soon as possible by email and possibly suggest the delivery of an alternative product. If the customer does not want to accept this suggestion, Richard Bavion will cancel the entire order and immediately reimburse the customer for any advance payments made.
4) RETENTION OF TITLE
The delivered goods remain the property of Richard Bavion until full payment has been made.
5) PRICES AND SHIPPING CHARGES
(1) All prices quoted on Richard Bavion's website include the applicable statutory sales tax.
(2) Additional services are charged separately.
(3) Richard Bavion calculates the packaging and shipping costs for all deliveries as stated in the shipping confirmation.
(1) In principle, goods are only delivered against prepayment.
(2) Payment must be made in advance by bank transfer to Richard Bavion's bank details given in the shipping confirmation.
Richard Bavion's bank details can also be found in the imprint.
(3) The payment date specified in the email (shipping confirmation) is a fixed date. At the end of the fixed date, the customer is in default without a further reminder. If the delay in payment is more than 2 weeks, Richard Bavion reserves the right to withdraw from the entire contract.
7) DEFECTS GUARANTEE
The statutory warranty provisions apply, unless otherwise stated in Section 8 of these General Terms and Conditions.
8) DAMAGES, LIABILITY
(1) Claims of the customer for damages - regardless of the legal reason - are excluded. Excluded from this are claims for damages by the customer from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damage resulting from an intentional or grossly negligent breach of duty by Richard Bavion, her legal representative or vicarious agent are based. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer trusted and was allowed to trust.
(2) In the event of a breach of essential contractual obligations, Richard Bavion is only liable for contract-typical, foreseeable damage if this was caused by slight negligence, unless the customer is entitled to compensation for damage to life, limb or health.
(3) Richard Bavion is particularly not liable for cork defects, as cork is a natural product over which Richard Bavion has no influence. Richard Bavion is also not liable for any loss of quality caused by incorrect storage or opening a bottle. Richard Bavion points out that champagne is best stored in a dark room or lying flat in the packaging.
(4) The restrictions of paragraphs (1), (2) and (3) also apply in favor of the legal representatives and vicarious agents of Richard Bavion if claims are asserted against them.
(5) Claims under the Product Liability Act remain unaffected.
9) YOUTH PROTECTION
All offers from Richard Bavion are only aimed at people of legal age who have reached the age of 18 or, in the United States, 21 years of age. The customer is responsible for ensuring that only he or a person of legal age authorized by him accepts the delivery of the goods.
The images of the items offered are non-binding. Errors in the product name and description are reserved.
11) APPLICABLE LAW, PLACE OF JURISDICTION, SEVERABILITY CLAUSE
(1) The law of the Federal Republic of Germany applies to all legal transactions or other legal relationships between the customer and Richard Bavion, excluding the UN Sales Convention, the place of jurisdiction is Cologne.
(2) If individual provisions of these general terms and conditions should not be legally effective in whole or in part or lose their legal effectiveness later, this shall not otherwise affect the validity of the general terms and conditions. The statutory provisions take the place of the ineffective provisions. The same applies if there is an unforeseen gap in the general terms and conditions.