General Terms and Conditions with Customer Information
1. Scope of application
These general terms and conditions apply to all business relations between Ms Malgorzata Kielak, Sredzkistr. 36, 10435 Berlin – hereinafter referred to as the seller – and her customers concerning the sale of goods via the internet platform www.findyourwinematch.com. The seller is not liable for any damages resulting from the use of these general terms and conditions. Any general terms and conditions of the customer shall not apply without the express consent of the seller.
2. Conclusion of contract
2.1 Offer and acceptance
The placement of the goods by the seller is to be regarded merely as an invitation to the customer to submit an offer. The Seller accepts the offer expressly or impliedly by sending the goods.
2.2 Technical steps leading to the conclusion of a contract
The customer selects the relevant goods by means of an input device, enters his data, selects the shipping method and the payment modalities and completes the ordering process by clicking the button “order subject to payment”. In all other respects, the technical steps leading to the conclusion of a contract result from the menu navigation of our online offer and are self-explanatory.
2.3 Correction options
Before clicking the “order subject to payment” button, the customer can correct input errors by clicking the “Back” button in his browser and changing the entries in the input field using the input device. A correction is also possible by cancelling the order process and carrying it out again. After clicking the “order subject to payment” button, no further corrections are possible.
In order to purchase alcoholic beverages, the customer must register before placing an order. As part of the registration process, the following customer data is collected:
– Name and Surname
4. Wine subscription
4.1 The seller offers a wine subscription. Only registered customers are eligible. Furthermore, it is necessary to answer a series of questions about the customer’s wine preferences as part of a wine quiz.
4.2 The Seller will deliver 3 wines selected by the Seller each month that match the Customer’s stated wine preferences. The subscription price is €49 incl. VAT plus shipping costs monthly and corresponds to the market price of the respective wine package.
4.3 The seller compiles the wine package on the basis of the customer’s wine preferences. As the customer’s wine knowledge progresses, the composition will be changed accordingly.
4.4 The wine subscription can be cancelled by either party at any time.
4.5 The customer’s statutory right of cancellation is not affected by the wine subscription. It applies both to the framework contract and to the individual deliveries.
5. Storage of contract text
The seller does not store the text of the contract after the conclusion of the contract and does not make it accessible to the customer again.
6. Contract language
The original contract language is German.
7. Dispute resolution procedure
The seller is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
8. Retention of title
The goods remain the property of the seller until payment has been made in full.
9. Liability for defects
The statutory liability for defects shall apply.
10. Protection of minors
Alcoholic beverages are only supplied to persons over the age of 18. The seller reserves the right to carry out age checks himself or through vicarious agents which meet the legal requirements and are reasonable for the customer. For this purpose, in particular, a customer account including age verification must be created on the basis of the customer’s identity card. Furthermore, the age of the customer may be checked by the delivery agent upon delivery.
11. Supplementary regulations for entrepreneurs
11.1 Scope of application
If the customer acts as an entrepreneur in the sense of § 14 BGB (German Civil Code), the provisions of clauses 9.2 to 9.4 shall apply differently and additionally.
11.2 Right of revocation
The entrepreneur has no right of revocation.
11.3 Transfer of risk
The risk of accidental loss and accidental deterioration shall pass to the Entrepreneur upon handover of the purchased goods to the person or institution designated to carry out the shipment.
11.4 Place of jurisdiction
The place of jurisdiction is Görlitz.
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us (Malgorzata Kielak, Sredzkistr. 36, 10435 Berlin, e-mail: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
CONSEQUENCES OF THE REVOCATION
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from 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 for this repayment. We may refuse repayment 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 us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
SAMPLE CANCELLATION FORM
If you wish to revoke the contract, please complete this form and return it to Malgorzata Kielak, Sredzkistr. 36, 10435 Berlin, e-mail: email@example.com.
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of consumer(s) (only in case of paper communication)
(*) Delete where inapplicable.