General Terms and Conditions
1. Scope of Application
Scope of application The following terms and conditions apply to all orders placed via our online shop. Our online shop is aimed exclusively at consumers. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.
2. Contractual Partner, Conclusion of Contract, Correction Options
The purchase contract is concluded with Weingut Dreissigacker. By listing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose during the ordering process. The contract is concluded when you accept the offer by clicking on the order button for the items in your shopping cart. Immediately after sending the order, you will receive a confirmation by email.
3. Contract Language, Storage of Contract Text
The language(s) available for concluding the contract: German. We save the contract text and send you the order data and our GTC in text form. You can view the contract text in our customer login.
4. Delivery Conditions
In addition to the stated product prices, shipping costs may apply. You can find more information about any shipping costs that may apply in the offers. We only deliver by mail. Self-collection of the goods is not possible. We do not deliver to PO boxes.
5. Payment
In our shop, the following payment methods are generally available:
Credit card: You provide your credit card details during the ordering process. Your card will be charged immediately after placing the order.
SEPA direct debit: By placing the order, you give us a SEPA direct debit mandate. We will inform you of the debit date at least one banking business day in advance (so-called pre-notification). A banking business day is any weekday except Saturdays, federal holidays, and December 24 and 31 of each year. Debiting your bank account takes place before the goods are shipped.
PayPal: To pay the invoice amount via the PayPal payment service provided by PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you do not necessarily have to have a PayPal account. The purchase via PayPal can also be made without prior registration. If you have a PayPal account, you must authenticate yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. Further information will be provided during the ordering process. PayPal may offer additional payment methods to registered and selected PayPal customers based on their own criteria. However, we have no influence on the offering of these modalities; any additional individually offered payment modalities concern your legal relationship with PayPal. For more information, please refer to your PayPal account.
Sofort by Klarna: To be able to pay the invoice amount through the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account that is activated for online banking, verify your identity accordingly, and confirm the payment instruction. Your account will be charged immediately after placing the order. Further information will be provided during the ordering process.
giropay: In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M ("giropay" or "paydirekt"), we offer the payment methods giropay and paydirekt. To pay the invoice amount via giropay, you must have a bank account that is activated for online banking, verify your identity accordingly, and confirm the payment instruction. Your account will be charged immediately after placing the order. Further information will be provided during the ordering process.
Invoice: The invoice amount is due 14 days after receipt of the invoice and the goods by bank transfer to the bank account specified in the invoice. We reserve the right to offer purchase on account only after a successful credit check.
6. Retention of Title
The goods remain our property until full payment has been made.
7. Transport Damage
If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the delivery person and contact us immediately. Failure to make a complaint or contact us will not affect your statutory rights and their enforcement, especially your warranty rights. However, it will help us assert our own claims against the carrier or transport insurance.
8. Warranty and Guarantees
8.1 Warranty rights
The statutory warranty rights apply.
8.2 Guarantees and Customer Service
Information on any additional guarantees and their precise conditions can be found with the product and on special information pages in the online shop.
9. Liability
For claims based on damages caused by us, our legal representatives, or vicarious agents, we are always liable without limitation in the event of injury to life, body, or health, for intentional or grossly negligent breach of contract, for guarantee commitments, and for all claims under the German Product Liability Act (ProdHaftG). In the event of a breach of material contractual obligations, the fulfillment of which make the proper execution of the contract possible in the first place and on the compliance with which the contractual partner may regularly rely (cardinal obligations), through slight negligence on our part, our legal representatives, or vicarious agents, the liability will be limited in amount to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
10. Code of Conduct
We have submitted to the following codes of conduct: Fair and Green (https://www.fairandgreen.de/leitlinien/) Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf)
11. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
12. Protection of minors;
If your order includes goods whose sale is subject to age restrictions, we ensure that the orderer has reached the required minimum age by using a reliable procedure involving a personal identity and age check.
13 General Terms and Conditions NFT
13.1 Preamble
13.1.1 The Dreissigacker Winery (hereinafter: Provider) operates a website for the purchase of wines, through which NFTs or digital values are also sold.
13.1.2 These General Terms and Conditions NFT (hereinafter: GTC NFT) apply exclusively to wine NFTs and the purchase of the associated wine bottles sold via the website of the Provider.
13.1.3 In addition to the terms and conditions of these GTC, the General Terms and Conditions of Business of the Supplier at https://dreissigacker-wein.de/Rechtliche-Informationen/AGBs/ shall apply, unless otherwise regulated in these GTC. In the event of contradictions, the provisions of these GTC shall take precedence over the provisions of the Provider's GTC.
13.2 Definitions
13.2.1 "Agreement" means the contract concluded in accordance with these GTC NFT, including its Annexes and the expressly included components, as well as the terms and conditions stated on the Provider Website.
13.2.2 "Consumers" are individuals pursuant to Section 13 of the German Civil Code (BGB), i.e. natural persons who submit their contractual declaration for a purpose that cannot be attributed to their commercial or independent professional activity and who act as purchasers of products on the Provider Website.
13.2.3 "Digital Value" is defined as a digitally embodied claim that is not yet mined (as an NFT) on the Blockchain. The digital value is unique and non-exchangeable and embodies a claim to goods, digital goods or services from the provider. The digital value belongs to the holder of the embodied entitlement and cannot be transferred until the digital value has been converted into an NFT.
13.2.4 "Community" is defined as an exclusive non-public online community to which access is only possible if a Digital Asset or NFT belonging to the Community has been purchased.
13.2.5 NFT is defined as a Non Fungible Token (NFT) registered on a Blockchain network. In these T&Cs, NFT only refers to NFTs that have been offered via the Provider's website. The purchase of an NFT always involves the acquisition of a digital asset that can be converted into an NFT.
13.2.6 "Wine NFTs" are digital content in the form of a Digital Asset or Non-Fungible Token which is transferred by the Supplier to the Consumer after purchase and which is used to prove entitlement under this Agreement to the Supplier. A wine NFT always refers to a specific wine bottle identified with a serial number (hereinafter: the wine bottle). The Wine NFT, once claimed via the Grid3 Platform, can be displayed and managed in industry standard NFT Wallets. The claimed wine NFT is tradable and can be transferred via various platforms (e.g. OpenSea, Mintbase or Rarible). With the transfer of the wine NFT, the subscription right for the respective wine bottle as well as access to the Dreissigacker Community and all other rights associated with the wine NFT are also transferred.
13.2.7 "Legend NFTs" are digital content in the form of a digital value or non-fungible token which is transmitted by the supplier to the consumer after purchase and which is used to prove entitlement under this contract to the supplier. A Legend NFT always refers to a specific wine bottle identified with a serial number (hereinafter: the wine bottle). The Legend NFT, once claimed via the Grid 3 Platform, can be displayed and managed in industry standard NFT Wallets. The transfer of the Legend NFT also transfers the subscription right for the respective wine bottle as well as access to the Dreissigacker Community and all other rights associated with the Legend NFT. The provisions of these GTC for Wine NFTs are also applicable to Legend NFTs; in addition, the "Special Provisions Legend Collection" (item 13.4. of these GTC) shall apply.
13.2.8 "Transfer Request" means the request expressed by the Supplier or holder of the Wine NFT for the transfer and transfer of ownership of the wine bottle to which the Wine NFT relates.
13.2.9 "Grid3 Platform" is a platform developed by our digital partner Studio3 GmbH, Erni-Singerl Straße 1, 85053 Ingolstadt. The Grid3 Platform is used for the creation, transmission and management of digital assets and NFTs as well as the creation, management and use of communities to which these digital assets and NFTs provide access. Additional information on the Grid3 Platform service is provided on the website www.grid3.io.
13.3 Subject matter of the contract; rights and obligations of consumers in the event of the purchase of wine NFTs
13.3.1 In the event of the purchase of a wine NFT, the consumer shall additionally acquire a right with the content defined below:
13.3.1.1 Until the transfer of ownership is requested, the supplier is obliged vis-à-vis the respective right holder to store the wine bottle in a manner appropriate for wine bottles of this type and quality.
13.3.1.2 The supplier shall notify the right holder as soon as the subscription right can be asserted as part of the transfer of ownership request. The notification shall be made at a time that is reasonable for a wine bottle of the respective type and quality.
13.3.1.3 Notification of the transfer of ownership request by the supplier shall be made via the Grid3 platform. Prior to assertion of the subscription right by the claimant, the claimant shall register on the Grid3 platform. The consumer must provide the following data:
First name & Surname
E-mail address
Date of birth
Delivery address
13.3.1.4 The wine bottle must be collected in person from the supplier's premises on presentation of the wine NFT within 24 months of the transfer request. It is not necessary for the consumer to have converted the digital value into an NFT. The presentation of the wine NFT as digital value is sufficient. In individual cases, an alternative delivery and shipping method may be agreed between the buyer and seller. This must be done in writing. The wine bottle shall also only be dispatched after the wine NFT has been presented by the holder. Costs (e.g. customs, shipping, etc.) incurred in the event of an alternative shipment shall be borne by the holder of the wine NFT.
13.3.1.5 The supplier is entitled to hand over and transfer ownership of the wine bottle to each holder of the wine NFT with debt-discharging effect, unless the supplier is aware that the holder of the wine NFT is not the holder of the claim and/or the law provides otherwise.
13.3.1.6 The supplier shall refuse to hand over the wine to minors.
13.3.1.7 The supplier is not obliged to hand over the wine bottle to the buyer if the buyer is unable to show entitlement by means of the NFT or digital value.
13.3.1.8 In the event that the holder of the wine NFT does not request the transfer of ownership of the wine bottle as specified in 13.3.1.4 within a period of 24 months after notification by the supplier via the Grid3 platform, the supplier is entitled to sell the wine bottle to a buyer who is not the holder of the wine NFT. Upon expiry of the period of 24 months after notification by the holder via the Grid3 platform, the subscription right to the wine bottle and the right to access the non-public online community of the supplier on the Grid3 platform shall expire.
13.3.1.9 The holder of a wine NFT may demand the handover and transfer of ownership of the wine bottle from the supplier at any time before the supplier announces the transfer request (transfer request). The holder of the wine NFT must notify the supplier of a corresponding transfer of ownership request by e-mail to .... The handover and transfer of ownership shall be carried out by the supplier within 14 days after verification of the claim holder.
13.3.1.10 The supplier is not obliged to hand over the wine bottle to third parties who are not contractual partners if they cannot present the wine NFT.
13.3.1.11 In addition to the subscription right to the wine bottle, the holder of a wine NFT also acquires the right to access a non-publicly accessible community which is managed via the Grid3 platform. This community is operated by the provider of the wine NFT and enables the holder of a wine NFT to obtain further information about the provider and the wine bottle and to enter into a direct exchange with the provider.
13.3.1.12 In addition to the subscription right to the wine bottle, the holder of a wine NFT also acquires the possibility to sell the mined NFT outside the Grid 3 platform.
13.3.2 The wine NFT shall be made available as a digital asset on the Grid3 Platform immediately after purchase. After registration by the consumer on the Grid3 Platform, the Wine NFT can be claimed. The Buyer will receive a link to the Grid3 Platform in the notification email, through which he can manage and claim the Wine NFT.
13.3.3 The Wine NFT as defined in clause 13.26 is only transferable after it has been mined. Partial rights under Clause 13.26 are not transferable. The Purchaser may not transfer the right under Clause 13.26 without also procuring the Wine NFT to the transferee.
13.3.4 The Supplier is not responsible for the loss of access to the Wallet or the loss of Wine NFTs in the Consumer's Wallet.
13.3.5 Upon loss of access to the Wallet or loss of the wine NFT, the subscription right to the wine bottle and the right to access the non-public online community associated with the wine NFT expires.
13.3.6 The holder's right to access the exclusive community shall also expire upon delivery of the wine bottle by the supplier with discharge of debt. After delivery of the wine bottle, the wine NFT continues to give the right of access to a general online community of the supplier, which is also only accessible through ownership of the wine NFT.
13.3.7 If the wine NFT is purchased from a third party, outside the supplier's online shop, the purchaser of the wine NFT is responsible for checking the rights and obligations of the holder of the wine NFT. A subsequent claim of already expired rights of the wine NFT, can not be considered by the supplier.
13.4 Special provisions Legends Collection
13.4.1 Consumers who purchase a Legend NFT are entitled to receive a bottle of wine from the Legend Collection in accordance with the provisions of clause 13.3 of these Terms and Conditions.
13.4.2 Consumers who purchase a Legend NFT are also entitled to access to the "Selected Circle", a community exclusively accessible to purchasers of the Legend NFT. The Selected Circle is managed via the Grid3 platform. The right to membership of the Selected Circle is inextricably linked to the ownership of the Legend NFT, and consequently the right expires upon sale of the NFT, as well as upon transfer of ownership of the wine bottle from the Legend Collection.
13.4.3 Consumers who have purchased a Legend NFT also acquire a right of first refusal for new Legend NFTs. If the Vendor decides to offer additional Legend NFTs for sale, Legend NFT Holders will be notified of the new NFT Collection via the Grid3 Platform and will be granted exclusive pre-emptive access to purchase the NFTs.
13.4.4 All rights referred to in these Special Conditions shall pass to the new holder of the Legend NFT in the event of the sale of the Legend NFT by the Consumer. If the rights associated with the Legend NFT have already been exercised, a transfer of the rights is no longer possible. It is at the discretion of the acquirer of the Legend NFT to check whether the rights associated with the NFT still exist.
13.5 Right of withdrawal
When purchasing NFTs or digital assets outside business premises and by way of distance contracts, the consumer shall be entitled to a right of revocation in accordance with these revocation instructions in accordance with the statutory provisions. For the purchase of goods, the cancellation policy on the website of the provider applies.
Cancellation policy
Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. In order to exercise your right of withdrawal, you must inform us Jochen Dreissigacker, Untere Klinggasse 4, 67595 Bechtheim, Germany, info@dreissigacker-wein.de, telephone: 06242 2425 by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
End of the cancellation policy
Model cancellation form (If you wish to cancel the contract, please complete and return this form).
To Jochen Dreissigacker Untere Klinggasse 4 67595 Bechtheim, Germany info@dreissigacker-wein.de Phone: 06242 2425:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) Ordered on (*)/received on (*) Name of consumer(s) * Address of consumer(s) Signature of consumer(s) (only if notice is given on paper) Date __________ (*) Delete as applicable.
13.6 Final provisions
13.6.1 This Agreement, including the expressly included components, conclusively and completely regulates the contractual relationship between the Parties. The supplier does not accept any deviating, conflicting or supplementary general terms and conditions of the consumer. This also applies if he does not expressly object to their inclusion.
13.6.2 German law shall apply to the exclusion of the provisions of private international law and the UN Convention on Contracts for the International Sale of Goods. Notwithstanding this choice-of-law clause, the consumer may invoke more favourable provisions of the law of his place of residence.
13.6.3 Amendments and supplements to this contract as well as a waiver of a right arising from this contract must be made in text form to be effective. This also applies to the waiver of the text form requirement itself.
13.6.4 Should any provision of this contract be wholly or partially invalid or unenforceable or later lose its validity or enforceability or should a loophole be found, the validity of the remaining provisions shall not be affected thereby. The parties undertake to agree on an appropriate provision in place of the invalid or unenforceable provision or to fill the gap in the provision which, as far as legally permissible, comes as close as possible to what the parties intended or would have intended in accordance with the meaning and purpose of the contract if they had known of the invalidity or the loophole. If the ineffectiveness or impracticability of a provision is based on a measure of performance or time (deadline or date) stipulated therein, the legally permissible measure that comes closest to the provision shall be agreed. It is the express intention of the parties that this paragraph does not result in a mere reversal of the burden of proof, but that § 139 BGB is waived in its entirety.
This English translation is for informational purposes only. In case of any discrepancies between the German original and this translation, the German version shall prevail.