General Terms and Conditions & Customer Information
Please find below our General Terms and Conditions and the statutory customer information for orders placed via our online shop.
1. Provider and scope
These General Terms and Conditions apply to contracts concluded via the online shop at www.weingut-mend.de be closed.
Provider and contracting party is:
Weingut Thomas Mend
Owner: Katja Müller
Weinbergstraße 13
97346 Iphofen
Germany
Phone
+49 9323 3013
Telefax: +49 9323 870171
Email
info@weingutmend.thehuettl.com
These General Terms and Conditions apply to consumers and businesses, insofar as no deviating regulation is made in the following provisions.
A consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity.
An entrepreneur is a natural or legal person or a partnership with legal capacity who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
Deviating terms and conditions of the customer shall only become part of the contract if we have expressly agreed to their validity.
2. Offer and Conclusion of Contract
The presentation of products and services in our online shop does not constitute a legally binding offer to conclude a contract, but rather an invitation to the customer to place an order.
The customer can initially add the desired products to the shopping cart without obligation. Before placing the order, the entered data and the products in the shopping cart can be reviewed, changed, or removed using the functions provided in the ordering process.
By clicking the button „Order and pay“ or a clearly worded order button, the customer makes a binding offer to conclude a contract for the products or services contained in the shopping cart.
Immediately after receiving the order, the customer will generally receive an automatic confirmation by email. This confirmation initially only documents that the order has been received by us. It does not yet represent an acceptance of the contract offer, unless the acceptance of the order is expressly stated in the email.
The contract comes into effect as soon as we accept the customer's offer in one of the following ways:
- through an explicit order or acceptance confirmation by email;
- through a payment request or the initiation of payment processing;
- through the shipment or handover of the ordered goods;
- upon services by an explicit confirmation of the booking.
The decisive factor is the time at which one of these assumed actions first takes place.
Should an ordered item not be available and the contract offer therefore not accepted, we will inform the customer immediately. Any payments already received will be refunded immediately.
3. Language of the Contract and Storage of the Contract Text
German is available for the conclusion of the contract.
The order data and the contract terms applicable at the time of the order will be stored by us and transmitted to the customer in text form, particularly via email, after the order has been placed.
The customer can save or print the General Terms and Conditions via their browser before placing the order.
If the customer has created a customer account, the orders stored there can be viewed after logging into the customer area.
4. Prices and shipping costs
All prices listed in our online shop are total prices in Euros and include the currently applicable statutory value-added tax.
In addition to the stated product prices, shipping costs may apply. The amount of shipping costs will be displayed in the online shop, in the shopping cart, and before the binding order is placed.
For further information on delivery areas, shipping costs, shipping methods, and possible free shipping thresholds, please visit our page Payment & Shipping.
5. Payment Terms
The payment options available for each order will be displayed to the customer during the ordering process. The payment options that are actually available for selection before the specific order is placed are decisive.
Unless a different payment due date is specified for the chosen payment method, the purchase price is due upon conclusion of the contract.
For advance payment, the full invoice amount must be transferred to the account stated in the order confirmation or payment request after contract conclusion. Shipping will take place upon receipt of full payment.
When selecting a payment service provider, payment processing is handled by the respective provider. In addition, the terms and conditions of the selected payment service provider may apply.
Individual payment methods may depend on an identity, creditworthiness, or risk check by the respective payment service provider. We have no influence on the payment service provider's decision.
For self-pickup, the payment options offered in the order process apply.
6. Set-off and Right of Retention
The customer is only entitled to set-off if their counterclaims are legally established, undisputed, or acknowledged by us. This restriction does not apply to counterclaims arising from the same contractual relationship.
A right of retention can only be exercised to the extent that it is based on claims arising from the same contractual relationship.
7. Delivery and Pickup
Delivery will be made to the delivery address specified by the customer during the ordering process.
The delivery areas immediately available through the online shop will be displayed during the checkout process and on the page Payment & Shipping specified.
Deliveries abroad are only made if this is offered in the ordering process or has been agreed upon individually beforehand.
The delivery time applicable to each product is indicated on the product page and during the ordering process.
If products with different delivery times are ordered together in one order, they will generally be shipped together. In this case, the delivery time will be based on the product with the longest specified delivery time, unless otherwise agreed.
Partial deliveries are permissible as long as they are reasonable for the customer. If partial deliveries are initiated by us, the customer will not incur any additional shipping costs.
If the customer expressly requests a separate or early partial delivery, additional shipping costs may be incurred. The customer will be informed of the amount before it is processed.
If self-pickup is offered in the ordering process, the goods can be picked up at the following address after you receive a readiness confirmation:
Weingut Thomas Mend
Weinbergstraße 13
97346 Iphofen
Goods may only be collected after the customer has received a provisioning or appointment confirmation.
8. Transfer of Risk
If the customer is a consumer, the risk of accidental loss or accidental deterioration of the goods generally passes only upon handover to the customer or a recipient designated by them.
If the consumer has engaged a carrier themselves, without this carrier being previously named by us, the risk passes upon handover of the goods to the carrier.
If the customer is a businessperson, the risk passes upon handover of the goods to the carrier, freight forwarder, or other person tasked with shipping.
9. Protection of Minors and Age Verification
We observe the legal provisions for the protection of children and adolescents when selling and serving alcoholic beverages.
Beer, wine, wine-like beverages, sparkling wine, and mixtures of these drinks with non-alcoholic drinks may only be sold and dispensed to individuals who have reached the age of 16th year of age completed have.
Spirits, brandies, liqueurs, and other alcoholic beverages are sold and handed over exclusively to persons who are 18 years of age completed have.
The age restriction is determined by the type of product, not solely by its alcohol percentage.
The customer is obligated to provide truthful information about their age during the ordering process and to have reached the minimum age applicable to the ordered products.
Persons with limited legal capacity may only place an order with the required consent of their legal representatives.
If an order contains products with different age restrictions, the highest age restriction applies to the handover of the entire order.
During ordering, delivery, or pickup, an age and identity check may be performed. The recipient may be required to present a valid government-issued photo ID.
If the required minimum age cannot be proven, the goods will not be handed over.
10. Right of withdrawal for consumers
Consumers generally have a statutory right of withdrawal for distance contracts.
The prerequisites, deadlines, consequences, and legal exceptions of the right of withdrawal are set out in our separate Revocation Notice.
The cancellation can also be declared via our electronic cancellation function: Cancel contract.
Legal exceptions to the right of withdrawal may exist in particular for goods that are manufactured according to customer specifications or are clearly personalized, as well as for certain services in connection with leisure activities, if a specific date or period is provided for them.
11. Personalized Products and Vine Sponsorships
For personalized products, the customer is obligated to fully and correctly provide the names, texts, spellings, and other details required for their production.
The specific scope of services for a vine sponsorship, particularly the duration, grape varietal, location, personalization, included goods, visiting opportunities, and subsequent wine deliveries, is determined by the respective product description at the time of order.
A vine sponsorship does not automatically renew, unless expressly stated otherwise in the respective product description and agreed upon with the customer.
The production of personalized certificates, signs, or other individual components can only begin once we have received all necessary information.
For clearly personalized goods, statutory exceptions to the right of withdrawal may apply. Details can be found in our Revocation Notice.
12. Wine tastings, events, and other services
To the extent that tastings, online wine tastings, events, tours, or other services are offered via the online shop, their content, scope, dates, duration, and, if applicable, technical requirements are derived from the respective product or service description.
For an online wine tasting, the customer is responsible for a suitable internet connection and a compatible device, unless otherwise specified in the service description.
For services related to leisure activities for which a specific date or period is provided, the statutory right of withdrawal may be excluded.
The customer's statutory rights in case of a non-performance or non-conforming performance shall remain unaffected.
13. Vouchers
To the extent that vouchers are offered in our online shop, the information in the respective product description shall apply in addition.
Value vouchers can be redeemed for the goods, services, points of sale, or online offers specified therein.
Cash payment or interest on the voucher value is excluded unless there are mandatory legal claims.
Vouchers are generally transferable, unless they are expressly issued to a specific person or are tied to a specific condition.
Vouchers can be redeemed at least within the statutory limitation period, unless a longer period of validity is specified.
Consumers may have a statutory right of withdrawal for the purchase of gift vouchers. Details can be found in our Revocation Notice.
14. Retention of Title
The delivered goods remain our property until full payment of the purchase price.
15. Liability for Defects
The statutory provisions on liability for defects apply.
In wine, natural crystalline deposits, particularly tartrates, can form. Such natural deposits, in themselves, do not generally represent a compromise in quality or a material defect.
The statutory warranty rights remain unaffected if the goods also do not have the agreed-upon or legally owed quality.
A guarantee only exists if it has been expressly stated for the respective product.
16. Liability
We are liable without limitation for damages:
- from injury to life, body or health, which result from an intentional or negligent breach of duty;
- that are based on an intentional or grossly negligent breach of duty;
- due to an expressly assumed promise of guarantee;
- due to mandatory legal liability, particularly under the Product Liability Act.
In cases of slight negligence in breaching a material contractual obligation, our liability is limited to the contractually typical, foreseeable damage.
Essential contractual obligations are those whose fulfillment is necessary for the proper execution of the contract in the first place and whose observance the contracting partner may regularly rely on.
Furthermore, liability for damages caused by slight negligence is excluded.
The above limitations of liability shall apply accordingly to our legal representatives, employees, and agents.
17. Data Privacy
Information about the processing of personal data in connection with orders, payments, age checks, deliveries, and customer accounts can be found in our Privacy Policy.
18. Applicable Law
The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
In the case of consumers, this choice of law shall only apply to the extent that it does not deprive them of the protection of mandatory provisions of the state in which they have their habitual residence.
19. Jurisdiction
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 the contractual relationship shall be our place of business, provided that no exclusive statutory place of jurisdiction exists.
The statutory place of jurisdiction applies to consumers.
20. Consumer Arbitration
We are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
As of July 2026
