| All Cape Wines ...
|Terms and conditions (dated 17.08.2012) |
| 1.0 ||Scope |
| ||To all business relationships between Vinexus Deutschland GmbH and the purchaser the following General Terms and Conditions in their version valid at the date of order apply exclusively. As far as the customer orders on the basis of the catalogue of Vinexus Deutschland GmbH these General Terms and Conditions of Vinexus Deutschland GmbH apply exclusively. |
| 2.0 ||Contract partners |
| ||Vinexus Deutschland GmbH concludes contracts concerning the delivery of wine exclusively with a) unrestrictedly contractually capable natural persons who have reached the age of 18 and b) legal persons each with residence respectively office in the Federal Republic of Germany or a Member State of the European Union as well as Switzerland. By accepting the GTCs of Vinexus Deutschland GmbH the buyer confirms that he is of full age (over 18). Vinexus Deutschland GmbH points out that wine packets are principally handed out to persons over 18 only, i.e. that the buyer has to make sure that the delivery is received by persons of full age only. |
| 3.0 ||Conclusion of contract and storage of the contractual text |
| ||The customer's order from Vinexus Deutschland GmbH is an offer for the conclusion of a purchase contract. We confirm the receipt of the order at our company by sending you an email to the email address indicated by you in the order form. In this email the ordered wines, their single and total costs, possibly arising packaging and transport costs and the total amount of the order will be stated again. Expressively, this email does not represent an acceptance of the previous offer for the conclusion of a contract given by the customer. All offers of Vinexus Deutschland GmbH are subject to change. The purchase contract is only concluded with the dispatch of the ordered goods to the indicated address and a confirmation of dispatch sent via email. If the ordered wine is sold out, Vinexus Deutschland GmbH will offer the customer a product similar in quality, character and price via telephone or in writing. The gift packaging, woodboxes and service items are only available in combination to a wine order, single shippment is only possible after consulting directly with us. Contract language is German. The text of the contract is stored by us and will be sent to you via e-mail. Terms and conditions can be viewed here anytime. The text of the contract can be accessed by clicking the button "order summary". |
|4.0 ||Right of withdrawal |
| ||The contract partner can revoke the declaration of contract within two weeks in written form (e.g. letter, fax, email) or by returning the item without giving reasons. The time limit begins after receiving this power of revocation of our Terms and Conditions as text form , which can be a letter, fax or email, although not before receiving our product and not before Completion of our Information obligation according to article 246 §2 in association with §1 subsection 1 and 2 EGBGB, as well as our duties according to § 312g subsection 1, sentence 1 BGB in association with subsection 246 § 3 EGBGB. Sending the revocation or the item on time shall ensure this term. The revocation has to be addressed to: |
Vinexus Deutschland GmbH
Consequences of revocation:
In case of an effective revocation the mutually received services have to be returned and possibly made use (e.g. interest) has to be handed back. If you cannot return the received services in whole or partly or in deteriorated condition only you will possibly have to compensate for loss of value. In case of surrender of goods this does not apply if the deterioration of the goods is exclusively a result of their examination in a way it would have been possible in a shop, for example. Furthermore, you may avoid the obligation to compensate for loss of value if you do not use the goods as if they were your property and refrain from doing anything that could affect the value of the goods. Transportable goods have to be returned by parcel, costs and risk of return shipment are borne by entrepreneuer. Items that cannot be sent by parcel will be collected from your house.
You will have to bear the costs for the re-consignment if the delivered goods correspond with the ordered goods and if the price of the item to be returned does not exceed the amount of 40 euros or if you, in case of a higher price of the item, have not yet fulfilled the service in return or made a contractually agreed partial payment. In any other case the re-consignment is free for you. You have to fulfil obligations for the refund of payments within 30 days after sending the declaration of revocation. For you as a costumer, this period begins with the declaration of revocation or the return of the goods, for us as entrepreneur after receiption of the goods. At your request, there is the option to credit the amount together with the next order.
End of instructions on the right of withdrawal.
4.1 Your right of revocation will expire before maturity if your contract partner has started with the execution of the service before the end of the term of revocation with your expressed consent or if you have initiated this yourself (e.g. by download etc.).
4.2 Please avoid damages or soiling. If possible, please return the goods to us in their original packaging with all accessories and with all packaging elements. If necessary, use a protecting outer packaging. If you do not dispose of the original packaging any more, please make sure that the goods are protected from damages in transit by using a suitable packaging.
4.3. Please, return the goods to us as an insured parcel and keep the mailing receipt. If desired, we will refund to you the cost of postage beforehand as far as your do not have to bear them yourself.
4.4 Please note that the modalities mentioned under the paragraphs 4.2. to 4.3 are not a pre-condition for the effective exertion of the right of revocation.
| 5.0 ||Price/conditions/delivery |
| ||Price/conditions/delivery The prices for the offered wines and articles respectively for packaging and dispatch are stated in euros (EUR). |
5.1 Terms of delivery
Delivery is made as soon as possible. Articles available from stock will be delivered to the customer within 2 - 4 days (depending on the logistics partner). If articles are not on stock, the customer will be informed about the non-availability and will be notified about the date of delivery on time. In case of delays in delivery which exceed one week, if we find out about these, you will be informed immediately. In case of combined orders (deliverable and not immediately deliverable articles) the customer decides whether he wants a separate or complete delivery. Then the date of delivery is determined by the term of delivery of the article which is not deliverable at present. We don‘t give a shipping guarantee or guarantee for delivery - There for: Just as long stock is in. Our offer is without engagement. Our prices are effective at point of order. If vintage is sold out, the price loses its validity. If not otherwise wished, we deliver common branch brands of the next vintage, if price and quality are about the same.
The delivery of the freight is made during the week and also on Saturdays. If you wish a delivery address differing from the invoice address, please let us know with the placement of your order already. Please, directly check with the receipt of the goods whether the parcels are undamaged and whether you received the right products and the correct amount. Please, have wrong deliveries or damages acknowledged by the deliverer and contact us subsequently. Your legal warranty rights will remain unaffected by this.
5.3 Transport/dispatch packaging
The transport packaging is not a part of the product. We exclusively use paper board containers that were approved as being suitable for dispatch by all renowned logistics companies. These packages used by us offer the utmost protection from damages in transit. Therefore, we recommend to always keep the original dispatch packaging.
If you want to dispose of the dispatch packaging or if it is an outer packaging used by us, please pay attention to the recycling symbol on the packaging. The financing of these return or recycling systems is made by fees for the Green Dot symbol or the RESY symbol which are paid by the producers of packaging and/or trade to the Dual System Germany or to RESY Organisation fuer Wertstoffentsorgung GmbH.
For the consumer, this means: all packaging material marked with the symbols mentioned above can be taken to the recovered paper collection, i.e. to the place where you also take e.g. daily newspapers or other paper board containers. Things adhering to the packaging like e.g. adhesive strips or stickers are not disturbing.
With all other packaging materials which do not bear one of the symbols mentioned above we are obliged to take them back according to the provisions of the packaging regulations and have to make sure that they are either recycled or used again. Please, inform us via email if you wish to return the packaging and a) we will name a municipal collection point or a commercial dumping enterprise nearby where you can take the packaging to or b) we organise the collection at your expense immediately. In case of alternative b) please consider that the paper box to be returned has to be in transportable form, i.e. in original condition.
| 6.0 ||Retention of title |
| ||Retention of title Vinexus Deutschland GmbH reserves the property of all goods that are delivered by the company to the customer until the final and complete payment of the purchase price and possible dispatch costs was made. In case of access of third parties to the retention goods the customer will indicate the property of Vinexus Deutschland GmbH and inform the company immediately. If the buyer is in arrears or non-accidentally does not fulfil other essential contractual obligations, Vinexus Deutschland GmbH has the right to withdraw from the contract according to §§ 323, 440 of the German Civil Code and to claim the surrender of the retention goods or to claim the transfer of the surrender claims of the buyer against third parties if applicable. |
|7.0 ||Warranty || |
| ||Vinexus Deutschland GmbH guarantees that the delivered products are free from material defects at the time of transfer. To all defects of the goods occurring during the legal warranty term, at your choice, the legal claims of subsequent performance, of remedy of defects/new delivery as well as - in case of presence of the legal pre-conditions - further claims of reduction or withdrawals as well as, apart from this, of compensation for damages including the compensation for the damage instead of fulfilment as well as compensation of your expenses made in vain shall apply. In case of re-consignment we ask the buyer to contact Vinexus Deutschland GmbH beforehand to check in which form the re-consignment respectively collection will be executed. Dispatch costs arising to the buyer for the re-consignment will be borne and refunded by us. |
| 8.0 ||Liability |
| ||Vinexus Deutschland GmbH shall only be liable in cases where the company, a legal representative or a vicarious agent can be charged with intent or gross negligence. The above mentioned does not apply as far as liability for damages arising from violation of life, body or health has to be taken over as well as in case of violation of essential contractual obligations. Except for intent, gross negligence and damages arising from violation of life, body or health liability shall be limited to the amount of the typical foreseeable damages on conclusion of the contract. |
| 9.0 ||Privacy |
| ||Privacy Vinexus Deutschland GmbH obligates itself to use and electronically store the data of its customers (name, address, method of payment) for the processing of the received purchase contracts and for the purpose of customer information only. In special, the transfer of customer data to third parties (e.g. parcel service or credit institutions) takes place for the purpose of fulfilment of the contract exclusively. As soon as the above mentioned purpose for the data storage has ceased to exist you have the right to access the data related to you at any time and to have them changed or deleted. Vinexus Deutschland GmbH will observe all legal data protection requirements, in particular the regulations of the Teleservice Data Protection Act (TDG). The customer agrees to the storage and transfer of his personal data within the scope described above. Security with the methods of payment (e.g. credit card, direct debit) and the protection of these data is especially important to us. For the transfer of customer data (e.g. with credit card or bank account numbers, addresses) we use the secure SSL (Secure Socket Layer) encryption technology. All data transferred with this method are encrypted before they are sent to us via the Internet. All systems in which we store your customer data are password protected and accessible to a controlled close circle of persons only. Each transfer to third parties is forbidden by severe security requirements. |
| 10.0 ||Final provisions |
| 10.1 ||10.1 The legal relationship between Vinexus Deutschland GmbH and the customer as well as the respective terms and conditions are subject to German law. Legal venue for both parties - as far as legally permitted - is Reichelsheim. If the customer is a consumer and if he is not resident within the European Union, Reichelsheim shall be the legal venue as well. In transit with consumers within the European Union the law of the residence of the end consumer may also be applicable as far as mandatory legal consumer regulations are concerned. The buyer has not the right to offset unless the claim is undisputed or was legally ascertained by a court or is disputed but ready for decision. If the customer is a trader in the sense of the German Commercial Code or a corporation of public law, the place of fulfilment for deliveries and payments and the legal venue is Reichelsheim. By different reasons (monitor adjustment, quality of the graphics card etc.) the colours of the products illustrated on the Internet may slightly deviate from the original. If one of the above stated regulations should be or become void the validity of the remaining regulations shall remain unaffected thereof. |
Vinexus Deutschland GmbH
As at August 2012
| 11.0 ||Miscellaneous |
| 11.1 || A right of the customer to offset or a right of retention does not exist unless the claim is undisputed or was legally ascertained by a court or is disputed but ready for decision. |
| 11.2 ||Place of fulfilment for payments is the business location of Vinexus Deutschland GmbH and for deliveries the place of dispatch of the first sender acting for Vinexus Germany. |
| 11.3 ||If single terms of this contract should be or become legally ineffective in whole or partly or lose their legal effectiveness later the validity of the rest of the contract shall not be affected. In this case, both parties oblige themselves to agree on an effective regulation instead of the ineffective regulation which will come the closest to the economic purpose of the ineffective regulation as far as legally possible under consideration of the interests of the parties expressed in this contract. This shall also apply if the contract shows a gap which could not be foreseen by the parties. |
| 11.4 ||Notification concerning the liability for links: |
In a judgement the Higher Regional Court of Hamburg (file number 312 O 85/98) decided that an operator of a web site can be held jointly responsible for the contents of linked sites. In order to avoid this, one has to distance himself expressly from the contents of these linked sites. Herewith Vinexus Deutschland GmbH distances itself from all contents of the linked sites on this homepage. This applies to all links in this shop. However, if any contents of the linked sites should violate existing law, we would ask you to notify our webmaster immediately. The corresponding link will then be removed from the web site instantly.
| 11.5 || Copyright: |
All web site designs, each choice respectively each layout underlie the copyright of Vinexus Deutschland GmbH. All rights reserved.
Vinexus Deutschland GmbH permits the copying or the reproduction (including the print-out on paper) of the whole web site or its parts only for the purpose of placing an order with Vinexus Deutschland GmbH or to use this web site as a possibility to purchase at Vinexus Deutschland GmbH
In particular, re-prints, inclusion into online services and reproductions on data media are subject to the previous written permission of Vinexus Deutschland GmbH. We shall not be liable for unrequested manuscripts and photos sent to us.
| 11.6 ||Legal notice web: |
Vinexus Deutschland GmbH
Managing director: Dieter Stoll
Phone +49 180 5 707008 888
Sales tax ID: DE255407704
Registration number: HRB 6799
Court of registration: Local court Gießen (Hessen)
Responsible for the content according to §10 section 3 MDStV (State Media Treaty): Dieter Stoll (same address as above)
Errors, misprints and price changes reserved. The pictures of the wines can deviate from the respective wine delivered by reason of e.g. changes of labels and vintage by the producer. By accepting the GTCs of Vinexus Deutschland GmbH the buyer confirms that he is of full age (over 18). Vinexus Deutschland GmbH points out that wine packets are principally permitted to be handed out to persons over 18 only, i.e. that the buyer has to make sure that the delivery is received by persons of full age only. Our GTCs shall apply exclusively.