General Terms & Conditions of Katerina Kagelmann Lutz Becker GbR for the wineshop of www.winedinepro.com
General Terms and Conditions ofthe Katerina Kagelmann Lutz Becker GbR
(hereinafter also referred to as “seller”)
- General provisions
The following general terms and conditions (in the version valid at the time of order) apply to the business relationship between the seller and the buyer as a consumer within the meaning of Section 13 of the German Civil Code (BGB) or other recipients (hereinafter also referred to as “customers ” called). They therefore apply to all matters arising from or in connection with this respective sales contract on the basis of German law to the exclusion of the UN Convention on the Sale of Goods. The contract language is German. Deviating terms and conditions of the customer do not apply unless the seller has expressly consented to them in writing.
- Conclusion of contract
All information on products and prices in the online offer are non-binding information and do not represent a legally binding offer, but an invitation to submit an (order) offer. Service descriptions on the seller’s website do not have the character of an assurance or guarantee. Errors are reserved and deliveries are generally only valid while stocks last. All entries in the order process are displayed again in a confirmation field in the shopping cart before the order is completed. Input errors can be corrected there. Required information is marked with an asterisk (*). Orders are considered in the order in which they are received and an inventory check.
After the customer continues the order process via the button “Checkout” and enters further information (personal details, billing and delivery address, order data and, if applicable, comments on the order) and the information (on the additional shipping costs, the cancellation policy and the payment methods) Having taken note of this, he can proceed to the conclusion of the order process and, by specifying the method of payment and following the other requirements, complete it using the “Binding order with obligation to pay” button. He hereby submits a binding offer to purchase the selected goods. After an inventory check, the customer then receives an order acceptance by email from the seller, which leads to the conclusion of the contract or contains a changed new offer if adjustments are required for technical reasons or due to the range or capacity, which must be confirmed again by the customer to conclude the contract. In the case of orders in the online shop, the seller saves the details of the conclusion of the contract and sends the buyer the agreed order data and general terms and conditions (including cancellation policy and shipping and delivery terms) by email when the order is accepted. Kommt der Kunde im Falle der Vorkassezahlung (per Banküberweisung vorab auf das Konto der Verkäuferin) der Zahlung innerhalb von 5 Kalendertagen nach Versand der Bestellannahme nicht nach, tritt die Verkäuferin vom Vertrag zurück. As a result, the order becomes invalid and the seller is released from the delivery obligation. The order is then invalidated for the seller and the customer without any further consequences.
- Mindestbestellwert/Maximalb estellmenge (pro Lieferung, nicht für Weinclub gültig)
Minium purchase value: 180 € // maximum purchase volume for eaqch delivery: 24 (twenty-four) bottles.
- Prices & Discounts
The current price list at the time of the order applies. With the appearance of the new price list, the previous one loses its validity. The prices include the statutory sales tax (VAT) applicable when the order is placed.
On orders from private customers with a total value of goods of € 500 or more (net), we also grant a discount regardless of the method of payment, which is immediately applied to the shopping cart when shopping and is deducted from the total value of the goods. Es gelten hierfür die nachfolgende Rabattstaffel (anfallende Steuern und evtl. anfallende Versandkosten sind nicht rabattfähig).
Total value of goods from € 500 (net) | 3% discount |
Total goods value from € 1,000 (net) | 5% discount |
We grant separately shown discounts on orders from restaurants and wine club members, which cannot be combined with the discount based on the total value of the goods.
- Payment / Payment methods
The total amount of the order includes VAT, possibly plus shipping & delivery costs and other taxes, unless otherwise stated or agreed. If the billing address is not in Germany, the sales tax currently levied in the billing country as well as shipping & delivery cost apply. Therefore, the gross prices can change after entering the billing address in the shopping cart. The total amount of the order is due upon conclusion of the contract and is to be paid in euros without any deductions (bank charges, discounts, etc.). A set-off or a right of retention on the part of the buyer is excluded, unless the set-off or retention claim is undisputed or has been legally established.
The customer can pay the total amount of the order as prepayment (by bank transfer directly to the seller) or via payment service provider by instant transfer, by Apple, Ali-, or Giro-Pay or by credit card. The customer makes the payment in accordance with the stipulations as shown on the website at the time of the order in relation to the respective payment method. If the payment is processed by a payment service provider, its general terms and conditions also apply. If the customer chooses the prepayment-option, the seller reserves the ordered wines for five calender days subsequent the order acceptance. In case no payment is received within this time period, the reservation expires (in parallel to the validity of the contact itself).
- Shipping&Delivery
The standard dispatch of goods to delivery addresses in Germany is generally free of charge, observing Section 3. The shipping & delivery costs to EU delivery addresses are € 3.50 per bottle, taking into account section 3. The shipping & delivery costs to delivery addresses in European countries outside the EU amount to € 4.50 per bottle, taking into account section 3. For delivery requests to other countries, we ask for prior request. For the rules on express delivery deviating from this, see no. 7 below.
- Delivery
Delivery to the specified delivery address takes place with DHL as standard.
Soweit nicht anders vereinbart (Expresszustellung), erfolgt die standardmäßige Lieferung innerhalb Deutschlands binnen 5 Werktagen nach Vertragsschluss (bei Vorkassezahlungen zuzüglich weiterer 5 Werktage). Die Lieferzeiten für Lieferungen ins EU-Ausland belaufen sich im Normalfall auf 5-10 Werktage (bei Vorkassezahlungen zuzüglich weiterer 5 Werktage) nach Vertragsschluss.
Please inquire about delivery times to other European countries.
Goods can also be ordered by UPS express delivery. Express delivery is charged at a flat rate of € 20 (for deliveries in Germany), € 30 (to EU countries) and € 40 (to European countries outside the EU) in addition to standard shipping.
For express deliveries to countries outside Europe, please contact us.
Auf Zollformalitäten haben wir keinen Einfluss, so dass es in einzelnen Ländern / Konstellationen zu längeren Lieferzeiten kommen.
- Guarantee
The filling level and condition of the bottle can be requested from the seller before the sale. For wines older than 15 years, the top shoulder fill level is normal, and high shoulder from 25 years of age.
Warranty claims of the buyer are limited to the removal of the defect or delivery of a defect-free item (subsequent performance). If the subsequent performance fails, the buyer has the right to choose whether to reduce the price or to withdraw from the contract. Weinstein und Depot begründen keine Gewährleistungsansprüche.Bei Korbschmeckern und anderen nachweisbaren Weinfehler unterbreitet die Verkäuferin nach Analyse des Weins und Rücksprache mit dem Produzenten einen Kulanzvorschlag.
Further claims by the buyer, in particular for compensation, consequential damage and loss of profit, are fundamentally excluded. This does not apply to intent, gross negligence or breach of essential contractual obligations on the part of the seller, as well as in the event of injury to life, limb or health. The buyer’s right to withdraw from the contract remains unaffected.
- Retention of title
The delivered goods remain the property of the seller until all claims from the respective sales contract have been paid in full.
The customer may neither pledge the goods subject to retention of title nor assign them as security. In the event of seizure, confiscation or other dispositions on the initiative of third parties, he must notify the seller immediately in writing and support it in recovering the goods.
- Right of withdrawal
Customers have the right to withdraw from this contract within 14 days without giving a reason.
The cancellation period ends 14 days from the day on which the customer or a third party named by him, who is not the carrier, has taken possession of the goods. In order to exercise the right of withdrawal, a customer of Katerina Kagelmann Lutz Becker GbR (Rilkeweg 3, 22607 Hamburg, Fax: 040/84 89 21 87 or by email at: info@winedinepro.com) a clear declaration (e.g. a letter sent by post, fax or email) with the decision to withdraw from this contract.
Customers can also use the sample text attached below for this purpose. To meet the cancellation deadline, it is sufficient for the customer to send the notification of the exercise of the right of cancellation before the cancellation period has expired.
If customers withdraw from this contract, the seller has to repay the full amount previously received from them, including delivery costs (with the exception of the additional costs that result from the fact that you choose a different type of delivery than the standard version) within 14 days from the day on which we received notification of your cancellation of this contract. For this repayment, we generally use a bank transfer to the account you have given us, unless something else has been expressly agreed with the customer; In no case will fees be charged for the repayment.
We can refuse repayment until we have received the goods back or the customer has provided evidence that the return has been made.
Customers must return or hand over the goods to us immediately and in any case within 14 days from the day on which they informed us of the cancellation of this contract. The deadline is met if the customer sends the goods before the period of 14 days has expired and provides evidence of dispatch.
We bear the costs of returning the goods. Customers only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary to check the nature, properties and functionality of the goods.
If the customer cannot return the received goods in whole or in part or only in a deteriorated condition, he must pay us compensation in this respect; unless their deterioration is exclusively caused by their examination – as it would have been possible in a shop.
Sample text of a declaration of revocation
To be addressed to:
Katerina Kagelmann Lutz Becker GbR
per Mail an: info@winedinepro.com
per Post: Rilkeweg 3, D-22607 Hamburg
by fax: +49 (0) 40 84 89 21 87
Subject: Revocation
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*)
ordered on (…) and received on (…)
(own) name of the private consumer (s)
(own) address of the private consumer (s)
(own) account details (for repayment)
(own) signature of the private consumer (s) (only when notified on paper)
date
_____
(*) Delete where inapplicable.
- Data Protection/Privacy
Customers can find the contractual provisions on data protection in the separate data protection provisions.
- Protection of minors
The seller only enters into contractual relationships with people who are of legal age and thus have reached the age of 18. For this reason, customers assure that their information is correct and that they are of legal age by submitting their order.
The customer is also obliged to ensure that only he himself or persons of legal age authorized by him to receive the delivery accept the delivery of goods. The seller uses a reliable process that includes a personal identity and age check (DHL Ident-Check) to ensure that the recipient of the shipment has reached the required minimum age.
If the seller receives positive knowledge of an order that has been placed by providing incorrect information, in particular age, she reserves the right to initiate criminal action.
The legal representatives of minors who order under false information are liable to the seller in accordance with the statutory provisions for all damages that arise from the order made under incorrect information, which also includes the release of the seller from claims arising from or in connection with it result with the delivery of the customer.
- Final Provisions
All adjustments, changes or additions to the sales contract require the written consent of the seller. This also applies to this written form requirement.
Should one of the regulations in the sales contract, these general terms and conditions or the data protection regulations prove to be incomplete or legally ineffective, this regulation must be replaced by an effective regulation that comes closest to the economic purpose pursued with it. The other regulations remain unaffected.
The place of jurisdiction is – as long as there are no indispensable regulations to the contrary – Hamburg.
The consumer arbitration board responsible for us is the general consumer arbitration board of the Center for Arbitration e. V. (Straßburger Strasse 8, 77694 Kehl am Rhein, www.verbrauch-schlichter.de ) as well as the platform of the EU Commission for online dispute resolution, www.ec.europa.eu . We do not participate in either of the two aforementioned dispute settlement procedures.