General Terms and Conditions of cellardoor24.com
§ 1 Scope of application
1. These General Terms and Conditions (hereinafter referred to as GTC) apply to all contracts concluded between us via our online shop www.cellardoor24.com (hereinafter referred to as the online shop),
www.cellardoor24.com and www.cellardoor24.de
wine in motion GmbH
Kellerweg 4
D-84494 Neumarkt-St Veit
(hereinafter referred to as “Seller”) and you as a customer, whether consumer or entrepreneur, (hereinafter referred to as buyer), which come about by ordering on the online shop. The version of the GTC valid at the time of conclusion of the contract shall be decisive.
2. The offer of the online shop contains alcoholic beverages and is therefore aimed exclusively at persons of legal age. According to the Youth Protection Act, no delivery to minors takes place.
3. These GTC apply exclusively. General terms and conditions of the buyer are not recognized by the seller, unless their validity has been expressly agreed by the seller in text form.
§ 2 Conclusion of the contract
1. With the presentation and promotion of articles in the online shop, the seller does not make a binding offer to sell certain articles.
2. By submitting an order via the online shop by clicking on the button “order for a fee”, you will place a legally binding order. The statutory regulation (§ 147 Para. 2 BGB) applies to the time commitment to the order. The seller can accept this offer by sending an order confirmation in a timely manner – usually within 3 working days. The mere sending of an order confirmation is not in itself a binding acceptance of an offer, unless acceptance is declared in the confirmation at the same time. The contract is only concluded upon acceptance by the seller.
§ 3 Prices
1. The prices stated in the online shop are in EURO per bottle including the statutory value added tax (gross prices). The prices displayed on the online shop at the time of the order shall apply.
2. Prices other than those shown on the website www.cellardoor24.com, such as special discounts, must be agreed and recorded in writing between the parties.
3. Shipping costs will be added to the prices. See § 5.
§ 4 Method of payment and due date
1. The delivery of ordered goods takes place against payment according to a possibility mentioned on the online shop. The following payment options are accepted by the seller:
Advance payment
Debit
PayPal
Credit cards (VISA, MasterCard, American Express, Diners Club)
Klarna Sofortüberweisung
Giropay
paydirekt
Invoice: only for registered existing customers from the 3rd order with residence in Germany
2. Payment is due in the case of advance payment within 7 days from receipt of the order acceptance by the buyer. If the payment is not made within this period, the seller must assume that the offer by the buyer is lapsed and can withdraw from the contract.
In the case of payment by credit card, direct debit, PayPal, giropay and sofortüberweisung, the amount due will be debited immediately after the binding order acceptance.
In the case of payment on account, the invoice amount is due, unless otherwise stated, no later than 14 days after receipt of the goods.
§ 5 Delivery and shipping costs
1. The place of performance is the place of the seller’s headquarters, currently Neumarkt-Sankt Veit. Shipping is at the expense of the buyer. Shipment to entrepreneurs is also at the risk of the buyer; this also applies to carriage paid delivery. Unless the buyer has given special instructions, the seller can freely determine the type of shipment. As a rule, shipping is done with DHL or UPS. Buyers with a delivery address in Germany and Austria have the right to choose between the two shipping service providers.
2. The minimum order value is 40 EUR. For standard deliveries within Germany, the shipping costs are 4.90 EUR per delivery for an order value of less than 120.00 EUR. From 120,00 EUR order value the shipping costs are omitted.
For standard deliveries to Austria, 9.90 EUR per delivery will be charged for an order value of less than 160.00 EUR. From 160,00 EUR order value the shipping costs are omitted.
Delivery prices to other European countries can be found in our terms of delivery.
3. The seller is entitled to make partial deliveries insofar as they are reasonable for the buyer. In this case, additional shipping costs shall not be borne by the buyer, unless the buyer expressly requests the partial delivery.
4. The delivery time within Germany is usually about 3-4 working days from receipt of payment, outside Germany the delivery time can be extended, depending on the country to which the ship is shipped. One week after exceeding the non-binding delivery date, the Buyer may request the Seller in text form to deliver within a reasonable period of time; with receipt of the request, the seller is in default. If the delivery becomes impossible due to force majeure, official measures, operational disruptions, strike or similar circumstances for which the seller is not responsible or within the meaning of § 275 para. 2 BGB excessively difficult, the delivery periods are extended for the duration of the hindrance and its aftermath. The buyer will be informed of this immediately. If these events are not only temporary, the buyer is entitled to withdraw from the contract. Payments already made will then be refunded. For claims for compensation due to non-timely delivery, partial delivery or non-delivery, the limitation of liability of § 9 applies.
5. If the vintage of the ordered goods is no longer available, the seller is entitled to deliver the successor vintage without prior consultation with the buyer, unless this is listed with a higher price than the ordered vintage. If no successor vintage is available at the same price, the seller is not obliged to deliver and may withdraw from the contract. The buyer will be notified of this immediately. A purchase price already paid will be refunded immediately.
§ 6 Retention of title
1. The seller retains title to the delivered goods until all liabilities of the buyer to him have been fulfilled.
§7 Right of withdrawal of the consumer
1. If the buyer is a consumer (i.e. a natural person who places the order for a purpose that can predominantly be assigned neither to their commercial nor independent professional activity), he is entitled to a right of revocation in accordance with the statutory provisions.
For the right of withdrawal, the statutory provisions and the regulations, which are reproduced in detail in the following
Cancellation:
Withdrawal:
You have the right to revoke this contract within 14 days without giving reasons.
The revocation period is 14 days from the day on which you or a third party named by you, who is not a carrier, has taken possession of the last goods or the last partial shipment.
In order to exercise your right of withdrawal, you must inform us, the seller www.cellardoor24.com, wine in motion GmbH, Kellerweg 4, D- 84494 Neumarkt-St Veit, E-Mail: info@wine-in-motion.com, Phone: +49 (0) 8639 420 98 66, Fax: +49 (0) 8639 420 98 68 by means of a clear declaration (e.B. by letter, fax or e-mail) of your decision to revoke this contract. You can use the attached model withdrawal form, but this is not mandatory.
Sample withdrawal form:
(If you wish to withdraw from this contract, please fill out this form and send it back.)
To www.cellardoor24.com, wine in motion GmbH, Kellerweg 4, D- 84494 Neumarkt-St Veit, E-Mail: info@wine-in-motion.com, Phone: +49 (0) 8639 420 98 66, Fax: +49 (0) 8639 420 98 68
I/we hereby revoke the contract concluded by /us for the purchase of the following goods
Ordered on /received on
Name of consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for paper communications)
Date
Consequences of revocation:
If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheaper standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of 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 any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to the above address immediately and in any case no later than 14 days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of 14 days.
You bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to improper handling that is not necessary or improper to check the nature, properties and functioning of the goods.
End of the cancellation policy
§ 8 Defects
1. So-called “cork-sick” bottles will only be replaced or refunded at the expense of the seller if the buyer returns 2/3 of the bottle contents and the cork to the seller.
2. The liability for claims for defects of the buyer, who is an entrepreneur, is limited to 1 year from delivery. This limitation period does not apply in the event of intent or fraudulent concealment of a defect or insofar as the seller has assumed a guarantee for the quality of the goods.
3. In all other respects, the statutory provisions shall apply in the event of material defects.
§ 9 Liability
1. The Seller shall be liable in cases of intent or gross negligence on the part of the Seller or a representative or vicarious agent as well as in the event of culpably caused injury to life, limb or health in accordance with the statutory provisions. In all other respects, the Seller shall only be liable in accordance with the Product Liability Act, due to the culpable breach of essential contractual obligations or if the Seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods. However, the claim for damages for the culpable breach of essential contractual obligations is limited to the contractually typical, foreseeable damage, unless another of the cases listed in sentence 1 or sentence 2 is given at the same time.
2. The provisions of § 9 para. 1 shall apply to all claims for damages (in particular for damages in addition to or in lieu of performance), regardless of the legal grounds, in particular due to defects, the breach of obligations arising from the contractual relationship or from tort. They also apply to the claim for reimbursement of futile expenses.
3. A change in the burden of proof to the detriment of the buyer is not associated with the above provisions.
§ 10 Place of performance and jurisdiction
The place of performance is the registered office of the seller’s company. The sole place of jurisdiction for all disputes arising from the contractual relationships is the registered office of the seller, if the buyer is a merchant, a legal entity under public law or a special fund under public law.
The purchase contract existing between us and the buyer is subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods, subject to mandatory provisions of international private law. However, if the customer is a consumer and has his habitual residence in another country, he shall be protected by the relevant provisions of the country of residence, from which no derogation may be made by agreement.
Status: September 2021