Terms of Use

§1 Scope and provider

(1)These general terms and conditions apply to all orders that you at the online- Store

Weinspirits.de

Bahnhofstrasse 27

Wegscheid/Wildenranna

Managing Director: Martin Jungbauer

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(2)The range of goods in our online-shop is aimed exclusively at Buyers who have reached the age of 18.

(3)Our deliveries, services and offers are made exclusively on the reasonpositionthis general Terms and Conditions. The GeneralTerms and Conditions apply to companies for all future business relationships, even if they are not expressly again t8> to be agreed. The inclusion of General Terms and Conditions eines customers , the our General Terms and Conditions contradict, will be contradicted now.

(4)The contract language is exclusively German.

(5)You can read the currently valid General Terms and Conditionson the website[specify link]retrieve and print out.

§ 2 Conclusion of contract

(1)The product presentationin the online- Shop doesnot binding application for the conclusion of a purchase contract.Rather, it is a non-binding request, online-Shop goods to order.

(2)By clicking the button ["Now payable order"/"buy"]enter a binding purchase offer from(§ 145 BGB).Immediately before Submission of this order, you can check the order again and correct it if necessary.

(3)After receipt of the purchase offer, you will receive an automatically generatedE -Mail with which we confirm that we have received your order. Dieseacknowledgment of receiptis not yet an acceptanceme Your purchaseoffer. A contract does not yet come through the confirmation of receipt accomplished.

(4)A purchase vincome over dieGoodsonly come about if weexpressly accept the purchase declare bid (order confirmation) or if we the goods –without prior express declaration of acceptance –to you send.AException: when paying in advance and PayPal, the Acceptance of the order immediately with yourr order.

§ 3 Prices

The prices stated on the product pages include the statutory VAT and other price components and do not include VAT the respective shipping costs.You will receive further information about the shipping costs on our website under ["Shipping information" / "Terms of delivery"].

§ 4 Terms of Payment; Delay

(1)The payment is made optionally:invoice in advance , cash on delivery, credit card, Paypal or direct debit.

(2)We are responsible for selecting the available payment methods. We reserve the right in particular to only offer you selected payment methods for payment, for example to secure our Credit risk only in advance.

(3)If you select payment in advance, we will give you our bank details in the Order confirmation. The invoice amount is within10 days after receipt of theorder confirmation to our account .

(4)Cash on delivery will incur an additional fee of [X]EUR due, which the delivery agent charges on site. There are no other costs and taxes .

(5)When paying by credit card the purchase price becomes Time of order on your credit card reserved (authorization). The actual debitng your credittcardaccount takes place when we send the goods to you

(6)When paying with PayPal, you will be redirected to the online website during the ordering process -Provided to PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register , legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You will receive further information during the ordering process. The payment transaction will be carried out automatically by PayPal immediately then

(7)When paying by direct debit, you may have to bear the costs incurred as a result of a payment transaction being reversed due to a lack of account coverage or arise due to incorrectly transmitted bank details.

(8)If you default on a payment, you are required to pay the statutory default interest of 5 percentage points above the base interest rate.For each reminder letter that is sent to you after default has occurred, you will be charged a reminder fee of 2.50EUR will be charged, unless a lower or higher damage is proven in individual cases.

§ 5 rightnung/right of retentionright

(1)You only have the right to offset if your counterclaim has been legally established, is not disputed by us or recognized or in a close synallagmatic relationship to our Claim stands.

(2)You canexercise a right of retention if Your Againstclaim on the samecontractual relationship is based on .

§ 6 delivery; retention of title

(1)Unless otherwise agreed, will delivery the goods from our warehouse to the Aaddress you specified.

(2)Orders are only possible to Germany and Austria. A delivery will only be made in amounts customary for households.

(3)The goods remain untilrfull payment the purchase priceour property.

(4)As an exception, we are not obliged to deliver the ordered goods, if we have properly ordered the goods on our part, but were not supplied correctly or on time (congruent hedging transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and have informed you of this fact immediately. In addition, we must not have assumed the risk of procuring the ordered goods . If the goods are not available, we will immediatelyrefund any payments you have already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies when ordering goods that are only described in terms of their type and their characteristics (generic goods). We are only obliged to deliverg from our stock of goods and the goods we have ordered from our suppliers.

(5)If you are an entrepreneur within the meaning of § 14 BGB, the following also applies:

-We retain ownership of the goods until complete all Forders have been settled of the ongoing business relationship. Pledge or security transfer is not permitted before ownership of the reserved goods has passed.

-You may resell the goods in the ordinary course of business. For this case tretyou already now all claims in the amount of invoice amount that accrues to youfrom the resale to us from.We accept the assignment, but you are to collect the Claimenauthorised If you do notpayt properly offspringen, keepalten we us the right to collect the claimen ourselves.

-If the reserved goods are combined and mixed,we acquire joint ownership in the new item in relation to the invoice value of the reserved goods to the other processed items to Time of processing.

-We obligedto provide us with the security to which we are entitled Request to be releasedn ifs the realizable value of oursecurities n receivableento be secured exceeds by more than 10%. the securities to be released are us.

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§ 8transport damage

(1)If goods are delivered with obvious transport damage, complain about such errorsplease contact the deliverer immediatelyand please contact us.

(2)Failing to make a complaint or contact has for your statutorywarranty rights noconsequences. However, they help us our own claims against the carrier bor transport insurance.

§ 9Warranty

(1)Unless otherwise expressly agreed, aredepending on Yourwarrantyclaimsaccording to the legal provisions of the sales law (§§ 433ff. BGB).

(2)If you are a consumer within the meaning of § 13 BGB, the liability period for warranty claims for used items - deviating from the legal provisions - one year. This limitation does not apply to claims for damages arising from the Injury damage to life, limb or health or from the breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract made possible and that the contracting partner may regularly trustto comply with (cardinal obligation) as well as for claims based on other Damage caused on a willful or gross negligent breach of duty by the user or his vicarious agents.

(3)Otherwise, the statutory statutory provisions apply to the warranty, in particular the two-year warranty Statute of limitationsaccording to§ 438 paragraph 1 no. 3 BGB.

(4)If you are an entrepreneur within the meaning of § 14 BGB, the legal provisions with the following modifications:

-Only our own information and the product description of the manufacturer are binding for the quality of the goods, but not public Promotions and statements and other advertising of the manufacturer.

-You areobliged to return the goods immediatelyand with the required To examine carefully for quality- and quantity deviations and us Notify obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to later discoveredhidden defects from discovery. In the event of a breach of the examination-and obligation to give notice of defects, the assertion of the warrantylperformance claims excluded.

-In the event of defects, we shall provide a guarantee of ourchoice of rectification or replacement delivery(subsequent performanceng). In the case of rectification we do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance if the transport does not correspond to the intended purpose Use of the goods corresponds to.

-If the subsequent performancefails twice, younnyouat your choice demand a reduction or withdraw from the contract.

-The warranty period is one year from delivery of the goods.

§ 10Liability

(1)Unlimited liability:We have unlimited liability for intent and gross Negligence and in accordance with the Product Liability Act. For slight negligence, we are liable for damage resulting from injury to life, the body and the health of persons.

(2) In addition, the following limited Hguarantee applies: In the event of slight negligence we are only liable in the event of a breach of a material contractual obligation, the fulfillment of which requires the proper execution of the contract at all is only made possible and on which you can regularly rely (cardinal obligation). Liability for slight negligence is limited to the damage foreseeable upon conclusion of the contract, which is typically expected to occur. This -limitation of liability also applies in favor of our vicariousagents.

§ 11 Alternative Dispute Resolution

The EU-Commission has provided a platform for out-of-court dispute resolution .This gives consumers the opportunity to resolve disputes in connection with their online-order withoutne engaging a  to be clarified by the court The dispute resolution-platform is available at the external link

http://ec.europa.eu/consumers/odr/

reachable.We endeavor to resolve any disagreementsfrom our contract to be settled by mutual agreement. Furthermore, we are not obliged to take part in a arbitration procedure and unfortunately we cannot offer you to participate in a such a procedure.

§ 12Final Provisions

(1)Should one or more provisions of these terms and conditions be ineffective or become, this will the validity of the other provisions not affected.

(2)German law is exclusively applicable to contracts between us and you to the exclusionof the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN-Kaufrecht "). Mandatory provisions of the country in which you usually reside remain unaffected by the choice of law.

(3)Are you businessman, legal entity under public law or public-legal special fund, then our place of business Jurisdiction for all disputes arising out of or in connectionwith contracts between us and you.

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