General Terms and Conditions of CW Wine GmbH & Co. KG.
I. General
(1) The following terms and conditions of sale are addressed to end consumers only.
The law of the Federal Republic of Germany shall apply to this contract. This does not apply if special consumer protection regulations in the buyer’s home country are more favourable. 3.
(3) If the buyer does not have a general place of jurisdiction in Germany or another EU member state, the exclusive place of jurisdiction for all disputes arising herefrom shall be the seller’s place of business.
We do not participate in dispute resolution proceedings before a consumer arbitration board.
II Conclusion of contract
(1) All information on products and prices in the online offer serves as non-binding information and does not constitute a legally binding offer. By placing an order, the buyer submits a binding offer to conclude a contract. All entries made in the order process are displayed again in a confirmation field before the order is completed. Input errors can be corrected there. Orders will be considered in the order in which they are received. The contract is not yet concluded by the automatically generated order confirmation, but only upon acceptance of the order by the seller (delivery of the goods or express order confirmation). 2.
In the case of orders in the online shop, the Vendor shall save the text of the contract and send the Buyer the order data and the terms and conditions of sale and delivery by e-mail.
III Terms of payment
1. the current price list at the time of the order shall apply. With the publication of the
When the new price list is published, the previous one loses its validity. 2.
The prices include the statutory value added tax applicable at the time of the order. 3.
3. in the case of subscription transactions where delivery takes place more than four months after conclusion of the contract, any changes in the VAT rate that have occurred in the meantime shall entitle both parties to adjust the price accordingly.
The Seller accepts payment by invoice and by direct debit. In the case of payment by direct debit, the invoice amount shall be debited when the Seller accepts the Buyer’s order. In the case of payment by invoice, the purchase price shall be paid without deduction after receipt of the invoice by transfer to an account of the Vendor. 5.
5. payments by cheque are not accepted
6. offsetting or retention by the buyer is excluded unless the offsetting or retention claim is undisputed or has been legally established.
IV. Delivery
Prices are ex warehouse.
By submitting the order, the Buyer agrees that the Seller may forward the Buyer’s e-mail address to DHL Vertriebs GmbH in the event that the goods are shipped by DHL, so that DHL Vertriebs GmbH can inform the Buyer about the expected delivery window of his shipment. The Buyer may object to the forwarding of his e-mail address to the Seller at any time. However, notification of the shipment status is then no longer possible. The objection is to be addressed to CW Wine GmbH & Co. KG, Cremon 33, 20457 Hamburg.
V. Warranty
1. filling level and bottle condition can be requested from the seller before sale. For wines older than 15 years, the filling level Top Shoulder is considered normal, from 25 years High Shoulder.
2. the buyer’s warranty claims shall be limited, at the buyer’s option, to removal of the defect or delivery of a defect-free item (subsequent performance). If the supplementary performance fails, the buyer has the right to reduce the purchase price or to withdraw from the contract at his discretion. 3.
Further claims of the buyer, in particular for damages, consequential harm caused by a defect and loss of profit, are excluded. This shall not apply in the event of intent, gross negligence or breach of material contractual obligations on the part of the Seller or in the event of injury to life, limb or health. The buyer’s right to withdraw from the contract remains unaffected.
VI Retention of Title
1 The goods delivered shall remain the property of the Vendor until full payment of all claims arising from the respective purchase contract. If the Buyer is an entrepreneur, the goods shall remain the property of the Vendor until all claims to which the Vendor is entitled against the Buyer have been settled (goods subject to retention of title), even if the individual goods have been paid for. 2.
The buyer may neither pledge the goods subject to retention of title nor assign them as security. In the event of seizure, confiscation or other dispositions by third parties, the Buyer shall notify the Seller thereof in writing without delay.
VII. Cancellation policy
Right of withdrawal:
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods of a uniform order. In order to exercise your right of withdrawal, you must inform us (CW Wine GmbH & Co KG, telephone 040 30393285 e-mail: info@cw-wine.com) 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 can use the attached model withdrawal form for this purpose, which is, however, not mandatory. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of withdrawal:
If you revoke this contract, we shall reimburse you 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 undue delay 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 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 (CW Wine GmbH & Co. KG, Cremon 33, 20457 Hamburg) 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. We shall bear the 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.
handling of the goods that is not necessary for checking the quality, properties and functioning of the goods.
Exclusion of the right of withdrawal:
The right of withdrawal does not apply to contracts for the delivery of alcoholic beverages whose price was agreed at the time of conclusion of the contract but which can be delivered at the earliest 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence (subscription orders).
VIII. Protection of Minors
In accordance with the statutory provisions, we only supply to persons who have reached the age of 18. If your order includes goods whose sale is subject to age restrictions, we ensure that the customer has reached the required minimum age by using a reliable procedure including a personal identity and age check. The delivery person will only hand over the goods after the age check has been carried out and only to the customer in person.