Terms of service

Contractual terms and conditions applicable to purchase agreements concluded via the online shop between Andreas Oster Weinkellerei KG, Weingartenstraße 1, 56812 Cochem, Germany, telephone: +49 2671 6005-0, registered in the Commercial Register of the Local Court of Koblenz under HRA 4579, represented by its general partner Andreas Oster – hereinafter referred to as “HORIZN29” – and the customers referred to in Section 2 of these Terms and Conditions – hereinafter referred to as the “Customer”.

§ 1 Scope of Application and Definitions

(1) The business relationship between the online shop operator (hereinafter referred to as “HORIZN29”) and the Customer (hereinafter referred to as the “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Any differing general terms and conditions of the Customer shall not be recognised unless HORIZN29 expressly agrees to their validity in writing.

(2) The Customer is considered a consumer if the purpose of the goods and services ordered cannot be predominantly attributed to their commercial or independent professional activity. An entrepreneur, on the other hand, is any natural or legal person or partnership with legal capacity acting in the exercise of their commercial or independent professional activity when concluding the contract.

§ 2 Conclusion of Contract

(1) The Customer may select products, particularly wines, from the HORIZN29 range and add them to a virtual shopping cart by clicking the “Add to Cart” button. By clicking the “Pay Now” button, the Customer submits a binding offer to purchase the goods contained in the shopping cart.

Before submitting the order, the Customer may review and modify the information provided at any time. However, the offer can only be submitted and transmitted if the Customer accepts these Terms and Conditions by clicking the “Accept Terms and Conditions” button, thereby incorporating them into the offer.

(2) HORIZN29 will then send the Customer an automatic acknowledgement of receipt by email, listing the details of the order. The Customer may print this confirmation using the “Print” function.

The automatic acknowledgement merely confirms that HORIZN29 has received the Customer's order and does not constitute acceptance of the offer.

The contract is concluded only when HORIZN29 accepts the offer by sending a separate order confirmation email.

In this email, or in a separate email no later than the delivery of the goods, the Customer will receive the contractual documents (consisting of the order, these Terms and Conditions and the order confirmation) on a durable medium, such as email or a printed document.

The contract details will be stored in compliance with applicable data protection regulations.

(3) The contract shall be concluded in German.

§ 3 Delivery and Product Availability

(1) Delivery times specified by HORIZN29 are calculated from the date of the order confirmation, provided that the purchase price has been paid in advance (except for purchases on account).

Unless otherwise stated in the online shop for the respective product, the delivery time is 3–5 working days.

(2) If a product selected by the Customer is unavailable at the time of ordering, HORIZN29 will inform the Customer immediately in the order confirmation.

If the product is permanently unavailable, HORIZN29 will not accept the Customer's offer. In this case, no contract will be concluded.

(3) If a product is only temporarily unavailable, HORIZN29 will also inform the Customer immediately in the order confirmation.

(4) The following delivery restrictions apply: HORIZN29 only delivers to Customers whose habitual residence (billing address) is in one of the following countries and who can provide a delivery address in the same country:

Germany

§ 4 Retention of Title

The delivered goods shall remain the property of HORIZN29 until full payment has been received.

§ 5 Prices and Shipping Costs

(1) All prices displayed on the HORIZN29 website include the applicable statutory value-added tax (VAT).

(2) The applicable shipping costs will be displayed to the Customer during the checkout process after entering the delivery address.

Shipping costs shall be borne by the Customer unless the Customer exercises their statutory right of withdrawal.

HORIZN29 offers free shipping for orders with a merchandise value of €75 or more.

(3) Goods are shipped by postal delivery. HORIZN29 bears the shipping risk if the Customer is a consumer.

(4) In the event of withdrawal, the Customer shall bear the direct costs of returning the goods.

§ 6 Payment Terms

(1) The Customer may pay using PayPal, Google Pay, Shop Pay, credit card (VISA, Mastercard, AMEX, UnionPay), cash on delivery, GiroPay or purchase on account (via KLARNA).

Further information is provided when selecting the respective payment method and during the checkout process.

(2) The Customer may change the payment method stored in their customer account at any time.

(3) Payment of the purchase price is due immediately upon conclusion of the contract.

If a specific payment date has been determined according to the calendar, the Customer shall automatically be in default upon missing that date.

In this case, HORIZN29 is entitled to charge default interest at a rate of five percentage points above the applicable base interest rate per annum.

(4) The obligation to pay default interest does not exclude HORIZN29's right to claim further damages resulting from late payment.

§ 7 Warranty for Defects and Guarantees

(1) HORIZN29 shall be liable for material defects in accordance with the applicable statutory provisions, particularly Sections 434 et seq. of the German Civil Code (BGB).

For business customers, the warranty period for goods supplied by HORIZN29 is 12 months.

(2) An additional guarantee shall only apply to goods supplied by HORIZN29 if expressly stated in the order confirmation for the respective product.

§ 8 Liability

(1) Claims for damages by the Customer are generally excluded.

This exclusion does not apply to claims for damages arising from injury to life, body or health, breaches of essential contractual obligations (cardinal obligations), or other damages resulting from intentional or grossly negligent breaches of duty by HORIZN29, its legal representatives or vicarious agents.

Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract.

(2) In the event of a breach of essential contractual obligations caused by simple negligence, HORIZN29's liability shall be limited to foreseeable damages typical for the contract.

This limitation does not apply to claims for damages arising from injury to life, body or health.

(3) The limitations set out in paragraphs (1) and (2) shall also apply in favour of the legal representatives and vicarious agents of HORIZN29 if claims are asserted directly against them.

(4) The limitations of liability set out in paragraphs (1) and (2) shall not apply if HORIZN29 has fraudulently concealed a defect or has provided a guarantee regarding the quality of the goods.

The same applies where HORIZN29 and the Customer have reached an agreement regarding the quality of the goods.

The provisions of the German Product Liability Act shall remain unaffected.

§ 9 Right of Withdrawal

(1) Consumers generally have a statutory right of withdrawal when entering into a distance selling contract. HORIZN29 provides the following information in accordance with the statutory model instructions.

Exceptions to the right of withdrawal are set out in paragraph (2). A model withdrawal form is provided in paragraph (3).

Instructions on Withdrawal

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period will expire fourteen days after the day on which you, or a third party other than the carrier and indicated by you, acquires physical possession of the goods.

To exercise your right of withdrawal, you must inform us:

Andreas Oster Weinkellerei KG
Weingartenstraße 1
56812 Cochem
Germany

Telephone: +49 2671 6005-0
Fax: +49 2671 6005-60
Email: info@horizn29.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email).

You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you, including the costs of delivery (with the exception of any supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract.

We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You must send back the goods or hand them over to us without undue delay and in any event no later than fourteen days from the day on which you communicate your withdrawal from this contract to us.

The deadline is met if you send back the goods before the period of fourteen days has expired.

You will bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

(2) Exceptions to the Right of Withdrawal

The right of withdrawal does not apply to:

  • Contracts for the supply of goods which are liable to deteriorate or expire rapidly.

  • Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if their seal has been removed after delivery.

  • Contracts for the supply of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days, and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader.

(3) Model Withdrawal Form

HORIZN29 provides the following model withdrawal form in accordance with the applicable statutory requirements.

Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract.)

To: [The trader must insert their name, address and, where applicable, fax number and email address.]

I/We () hereby give notice that I/we () withdraw from my/our () contract of sale of the following goods () / for the provision of the following service (*):

Ordered on () / received on ():

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is submitted on paper):

Date:

(*) Delete as appropriate.

§ 10 Protection of Minors

HORIZN29 only supplies alcoholic beverages to persons who are at least 18 years of age.

§ 11 Data Protection

HORIZN29 processes personal data exclusively in accordance with applicable law, in particular the General Data Protection Regulation (GDPR).

Further details regarding the processing of personal data can be found in our Privacy Policy:

https://horizn29.com/policies/privacy-policy

§ 12 Consumer Dispute Resolution

HORIZN29 does not participate in dispute resolution proceedings before a consumer arbitration board and is not obliged to do so.

§ 13 Final Provisions

(1) Contracts between HORIZN29 and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Statutory provisions limiting the choice of law and the applicability of mandatory provisions, particularly those of the country in which the Customer has their habitual residence as a consumer, shall remain unaffected.

(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and HORIZN29 shall be the registered office of HORIZN29.

(3) Should any individual provision of these Terms and Conditions be legally invalid, the remaining provisions shall remain binding.

Where applicable, the invalid provision shall be replaced by the relevant statutory provisions.

However, if this would result in unreasonable hardship for either party, the entire contract shall become invalid.