Information pursuant to Sect. 5 German Telemedia Act (TMG)
Einig-Zenzen GmbH & Co. KG
Commercial Register: HRA1994
Registration court: Koblenz
Dipl. Volkswirt Dr. Peter-Josef Zenzen und Regina Zenzen
Phone: +49 (0) 2653 - 99 07 - 0
Telefax: +49 (0) 2653 - 99 07 - 50
Sales tax identification number according to Sect. 27 a of the Sales Tax Law:
Person responsible for editorial
Einig-Zenzen GmbH & Co. KG
EU dispute resolution
The European Commission provides a platform for online dispute resolution (ODR):http://ec.europa.eu/consumers/odr
Our e-mail address can be found above in the site notice.
Source information for the images and graphics used
Originator for all images and copyright: Weinhandel Einig Zenzen, but with the exception of the images listed below and licensed to us by third-party originators:
Realisation and programming
Dispute resolution proceedings in front of a consumer arbitration board
We are not willing or obliged to participate in dispute resolution proceedings in front of a consumer arbitration board.
Liability for Contents
As service providers, we are liable for own contents of these websites according to Paragraph 7, Sect. 1 German Telemedia Act (TMG). However, according to Paragraphs 8 to 10 German Telemedia Act (TMG), service providers are not obligated to permanently monitor submitted or stored information or to search for evidences that indicate illegal activities.
Legal obligations to removing information or to blocking the use of information remain unchallenged. In this case, liability is only possible at the time of knowledge about a specific violation of law. Illegal contents will be removed immediately at the time we get knowledge of them.
Liability for Links
Our offer includes links to external third-party websites. We have no influence on the contents of those websites, therefore we cannot guarantee for those contents. Providers or administrators of linked websites are always responsible for their own contents.
The linked websites had been checked for possible violations of law at the time of the establishment of the link. Illegal contents were not detected at the time of the linking. A permanent monitoring of the contents of linked websites cannot be imposed without reasonable indications that there has been a violation of law. Illegal links will be removed immediately at the time we get knowledge of them.
Contents and compilations published on these websites by the providers are subject to German copyright laws. Reproduction, editing, distribution as well as the use of any kind outside the scope of the copyright law require a written permission of the author or originator. Downloads and copies of these websites are permitted for private use only.
The commercial use of our contents without permission of the originator is prohibited.
Copyright laws of third parties are respected as long as the contents on these websites do not originate from the provider. Contributions of third parties on this site are indicated as such. However, if you notice any violations of copyright law, please inform us. Such contents will be removed immediately.
Terms of Delivery and Payment
Aberrations from these terms must be affirmed by us in writing. In so far as they deviate from the terms hereafter, purchasing terms of buyers and purchasers shall not be accepted, even if we have not explicitly stated our rejection.
We presuppose the acceptance of these terms upon awarding the order. The acceptance of the delivery confirms the recognition.
- The prices are understood:
For bottles/boxed wines per 0.187 l, 0.25 l, 0.75 l, 1.0 l, 1.5 l bottle, 3.0 l bag-in-box, including glass and light disposable packaging, including labelling, ex works Kaisersesch. The offer is subject to confirmation.
1. Prepayment or 2. Coface insurance for deferred payment
All effected payments shall generally be credited against the oldest due claim. If there are no due claims on the day of the receipt of the payment, indicated allocation for different reason can only be taken into account. The retention of payments or set-off due to any customer claims of the purchaser for whatever reason shall be permitted only against such claims, which are accepted by us in writing or confirmed by respective court decision. Payments may only be effected to us only or otherwise instructed by us.
We are entitled, without previously issuing a warning or setting a deadline for due performance, to cancel supply agreements in whole or in part and to collect claims which have otherwise not fallen due, if purchaser becomes insolvent or if there is a credible suspect with regard to such insolvency. The total outstanding debt shall fall due immediately, if an accepted cheque is protested or if the purchaser’s accepted cheques are considered-non-discountable or no longer discountable at the Central bank. We reserve the right to demand cash before delivery or down payment. Representatives or Agents are not entitled to effect collection.
All delivery duties are expressly under the precondition of actual viability. We will use our best efforts to meet delivery periods. A delivery period shall be binding only if accepted by us in writing. The undertaking effect delivery of wines is given subject to granting of the official bottling number (“Amtliche Prüfnummer”), if necessary. If an ordered wine is not available, we reserve the right, to offer a wine of the same quality as a replacement. In the case of sale for later and successive acceptance we shall be entitled to effect the delivery from later arriving batched, in which respect slight quality aberrations shall give no right to make a complaint. Specimens and samples only represent the average quality. If orders are confirmed by us in writing or upon the issuing of the invoice, they shall be regarded as accepted. Agreements concluded with our representatives are non-binding, unless confirmed in writing by us. Call orders which, due to purchasers default, are not accepted within 2 months from the day of our confirmation and/or conclusion of the agreement, are payable immediately without deduction. We shall be entitled, without sending further reminder or giving notice of default, to withdraw from the agreement and/or to charge indemnification as well as interest and storage charges, if collection or payment is not effected within the stipulated period, after the first ineffective reminder.
Unforeseeable events out of the reasonable control of such as but not limited to changes in the political and economic circumstances, official measures, cases of force majeure, fire, riots, strikes, lock-outs, operational breakdowns, transport disruptions, difficulties of our own suppliers and suchlike shall release us at our option in whole or in part, under exclusion of any claims for damages, also in the cases indicated hereafter, from the delivery or from meeting the delivery period.
We shall be entitled to withdraw from the agreement with regard to individual batches or the complete batch or to charge a corresponding surcharge in so far as we have not yet invoiced the goods, if after the conclusion of the agreement, cost increases of more than 5 % of the order value, e. g. for levies, duty, tax or levy and/or difficulties in procurement of the product in the wine-growing areas, major price increases for imports, etc., appear.
The aforementioned shall apply mutatis mutandis in the case of the complete or partial blockage of the foreign exchange allocation, foreign exchange market, currency or exchange rate alterations. Purchaser’s offer shall be binding until accepted or rejected by us. The seller assumes no guarantee for the due and orderly and lawful nature of goods in accordance with the law of other countries than Germany.
- Reservation of title
The reservation of title serves to safeguard all claims which have raised from the business relations of our purchasers with us respectively those which will arise in future. We shall retain title goods until the payment in full of all liabilities of the purchasers which have arisen from the business relations, including interest and changes and suchlike, in the case of submission of cheques until their payment in full. If the goods are mixed or processed, then we shall become owner or co-owner of the new good, if the value of the new good is higher or at least the same as of our product. The pledging or transfer by way of security of our goods shall be inadmissible before payment in full. In the case of attachment of our goods by third parties or other impairment of our rights against third parties.
The purchaser shall only be entitled to resell and dispose of the goods in the ordinary course of business. He hereby assigns to us from the outset all claims which it acquires from the resale or due to another cause in law regarding our goods with all ancillary rights including its profit in the amount of its liabilities; assignment is hereby accepted by us on request, the purchaser shall be obliged to notify the assignment of the claim to its creditor, to issue us verbally or in writing with all necessary information for the assertion of our rights and to surrender the necessary documents to us.
Subject to express revocation at any time, the purchaser is authorized to collect claims in its own name as our agent and to dispose of the assigned rights within the ordinary course of business as long as it meets its obligations to us. We shall be regarded to be commissioned and authorized to collect the purchase price for the purchaser and to make the necessary legal declarations, if the assignment becomes ineffective. In the case of cash sales the proceeds received from the third party in the amount of its liabilities shall become our property immediately; they are therefore to be kept separately from other funds, recorded accordingly and administered for us until called. All our payment periods shall fall due immediately, if extraordinary dispositions, e. g. clearance sale, transfers by way of security or pledges, are effected by the purchaser, if attachments on its assets are made, if it lets cheques be protested or ceases payment. In this case, the right to resell our goods and the power of disposition shall expire. If the purchaser is in default with its obligations, then we can repossess any remaining goods without further notice without withdrawing from the agreement. Assignment within the legal possibilities of German “Insolvenzordnung” is hereby agreed.
The delivery shall be wine cellar Kaisersesch or any other place agreed upon in writing. Shipment shall be executed for the purchaser’s account and risk, If we provide for the shipment of the goods.
All damage in transit and all damage resulting from force majeure shall, in so far as such damage is not covered by transport insurance be borne by the purchaser. In particular we do not assume any liability with regard to delivery of goods in due time. No obligation to ship the wine shall arise, even in the case of binding delivery dates, if unforeseeably cold or hot weather occurs which could endanger the quality of the wine. Nevertheless, delivery shall be executed as soon as such circumstances have ceased. Breakages which have occurred during shipment must be confirmed upon the receipt of the shipment officially by the railway company or by the responsible carrier so that the loss can be asserted if applicable at the transport insurance company haulage contractor.
The purchaser must examine the goods without delay after receipt and, if a defect is apparent, must notify this defect to the seller immediately in writing. Complaints of any nature may only be taken into account within 7 days in each case after receipt of the confirmation order, invoice, good etc. in so far as they are not already excluded on the basis of this agreement.
A defect notified within the stipulated period shall oblige us at our option to supply a replacement in the form of contractual goods or to reimburse the purchase price or, in case bottles, boxes or labels are defect, to rectify the defect. Cancellation of the sale and indemnification is excluded.
Compensation for bottled wines which taste corked cannot be claimed. Crystal deposits are no reason for complaint. No guarantee for the storage life of wines purchased in the cask may be assumed. Claims for damages arising from EAN (Bar) codes are excluded in all cases.
- Substantive law, place of performance and place of jurisdiction
Place of performance for delivery and payments is Kaisersesch for both parties, especially also for domiciles cheques. German law shall be applicable in the case of foreign transactions under the exclusion of international purchasing law.
- Interpretation and adaption
If individual provisions of this agreement are null, void or ineffective, then the effectiveness of the remaining contractual provision is to be interpreted in this case in such a manner that the original intention of the said provision is achieved. The same shall apply to filling gaps in the agreement or to amendments to the agreement.
Title in the goods shall be retained by us until payment in full of the invoice price, and until such payment you shall hold the goods as bailee on behalf of and in a fiduciary capacity for us. Until such time as we have been paid in full you shall hold the goods in such a way as to be identifiable as our property. In the goods are sold before we have been paid in full you shall hold the proceeds of the sale on trust for us and such pro-ceeds of sale shall be placed in an account of yours in such a way as to be identifiable as in our beneficial ownership. In the event of non-payment by you by the due date we shall be entitled, in addition to all other rights, to enter upon any land or premises where the goods may for the time being be and recover possession of them. The risk in the goods shall pass to you upon delivery.