General Terms And Conditions
General Terms and Conditions
§ 1 – Provider, inclusion of the General Terms and Conditions
(1) The provider and contractual partner for the goods presented in our online shop “www.wine-trader.de” is Spirit of Wine Weinhandels UG (limited liability), Frohnstraße 23, 40789 Monheim, 40789 Monheim, Germany, telephone 0175 2794026, email info@spirit-of-wine.de (hereinafter referred to as “provider” or “we”).
(2) These general terms and conditions are an integral part of every contractual agreement between the provider and the respective customer. Any conflicting terms and conditions of the customer are rejected.
§ 2 – Range of goods and conclusion of contract
(1) The Provider offers the goods displayed in this online shop for sale. The color representation of the goods on the website may vary slightly depending on the Internet browser used and the customer's monitor settings; these deviations are technically never completely avoidable. The selection of goods, conclusion of contract, and contract processing are carried out in German.
(2) The provider makes a binding purchase offer for the goods displayed in the shop. By sending the order request via the “order with obligation to pay” button, the customer accepts the purchase offer. The provider confirms the conclusion of the contract by email (contract confirmation).
(3) Before accepting the purchase offer, the customer will be shown an overview of the data entered for their order, including the essential characteristics of the goods. At this point, the customer has the opportunity to check the data for possible input errors and, if necessary, go back one or more steps in the order process to change the data or cancel the order altogether.
(4) After conclusion of the contract, the provider sends the customer the content of the concluded contract (contract text) by email. At the same time, the provider stores the contract text in its electronic data processing system. If the customer has a customer account with the provider, the customer can also access the contract text in their customer account. Otherwise, it is the customer's responsibility to keep the email with the contract text in their own interest.
§ 3 – Prices and Payment
(1) All goods prices are total prices plus shipping costs. The fees include statutory sales tax.
(2) Information on shipping costs can be found in the respective product description.
(3) The customer can use the following payment methods: bank transfer, cash payment to the provider.
(4) For orders paid in advance, a payment period of one week from receipt of the contract confirmation applies. The supplier will reserve the desired goods for the customer for the duration of the payment period. The supplier reserves the right to withdraw from the contract and sell the goods elsewhere if payment has not been made on time.
(5) For deliveries to countries outside the European Union, customs duties and import sales tax may be incurred, which must be paid by the customer to the customs authorities upon receipt of the shipment. These charges are in addition to the purchase price and shipping costs and are beyond the provider's control.
§ 4 – Shipping and delivery time
(1) Information on delivery times can be found in the respective product description. A specification in days refers to the period from payment by the customer to delivery. If the customer has chosen cash on delivery, the goods will not be shipped. Instead, the customer can collect the goods from the provider's place of business after the delivery time specified has expired.
(2) Several goods ordered at the same time will be delivered in a single shipment; the delivery time of the goods with the longest delivery time applies to the joint shipment. If the customer wishes to receive a specific item with a shorter delivery time in advance, they must order this item separately.
(3) If a delivery fails because the customer has provided an incorrect or incomplete delivery address, a new delivery attempt will only be made if the customer bears the direct costs of the new shipment. These costs correspond to the shipping costs agreed upon at the time of conclusion of the contract.
§ 5 – Consumer right of withdrawal
(1) A customer who purchases as a consumer has a right of withdrawal in accordance with the statutory conditions. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
(2) The provider grants consumers with permanent residence outside Germany a consumer right of withdrawal in accordance with German requirements and legal consequences even if the consumer's national law does not provide for a right of withdrawal or links the withdrawal to a shorter period or a stricter form than under German law.
§ 6 – Warranty (liability for defects)
The customer has warranty claims (also known as liability for defects) in accordance with the statutory provisions.
§ 7 – Out-of-court dispute resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
§ 8 – Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. However, German law does not apply to consumers with permanent residence abroad if the consumer's national law contains provisions that cannot be deviated from by contract to the detriment of the consumer.
(2) Should individual provisions of these general terms and conditions prove to be invalid or unenforceable, this shall not affect the validity of the remaining provisions.