General Terms and Conditions of Business (GT&C) of the company Weinunikate, Frank Feldkamp and Charlynne Boucher GbR (hereinafter referred to as "Weinunikate"), in the version dated 08.08.2022
1. Scope of application
1.1 The following general terms and conditions apply to all contracts between the company Weinunikate and the customer according to the version valid at the time of placing an order.
1.2 The offer of the company Weinunikate is aimed at both consumers and professionals who have reached the age of 18.
1.3 A consumer is any physical person who concludes a legal transaction for a purpose that cannot be its commercial or independent professional activities.
1.5 A professional is a natural or legal person or a legally capable partnership who, for the sake of legal transactions, acts in execution of their commercial or independent professional activity.
2. Formation of the contract and storage of the contract
2.1 The following regulations on the conclusion of the contract shall apply for all orders on our internet site, www.weinunikate.com
2.2 In the event of conclusion of contract, the contract comes into effect with
Weinunikate Frank Feldkamp and Charlynne Boucher GbR
Osterwaldsraße 141
80805 Munich
2.3 The presentation of goods on our internet site, weinunikate.com, does not constitute a legally binding offer to contract the company Weinunikate, but is merely a noncommittal request to place an order by the customer. By placing an order for the desired goods, the customer submits a binding offer for the conclusion of the contract.
2.4. The acceptance of the offer shall be made in writing or in text form or by sending the ordered goods within one week. Is the acceptance is not made within the time limit, the offer will be deemed rejected.
2.5 The customer makes a binding contractual offer by successfully passing the ordering process on our internet shop. The order is made in the following steps:
1) Selection of the desired goods and the order quantity by the customer
2) Placing the product in the shopping cart by clicking on the “order” button or the "add to cart" button on the product page
3) Checking and verifying the goods listed in the shopping cart
4) Clicking the "Checkout" button to proceed
5) Logging in to an existing account or registering for a new customer account and logging in after setting up an account
6) Renewed possibility to examine and/or correct the data entered
7) Agreeing to a binding order for all the goods in the shopping cart by clicking the button “Submit Order” or the “Buy” button.
After the customer has confirmed the accuracy of all data, and before placing their binding order, they can again return to the preceding page to control or change the data entered. This is done by pressing the browser “Back” key. By doing so, incorrect data can again be corrected or the ordering process completely aborted by closing the browser window.
We confirm receipt of the order immediately via an automatically generated e-mail (acknowledgement of receipt). This acknowledgement of receipt does not constitute the acceptance of the offer, but is merely to show the customer that the ordering process is properly functioning. The acceptance of the offer shall be in writing, in the form of, or by delivery of the ordered goods within one week.
2.6 When ordering via the internet shop of the company Weinunikate, we will send you the order data and our Terms and Conditions by email to the email address provided by you. The General Terms and Conditions can be viewed at any time on the internet at http://weinunikate.com/. Your previous orders can be viewed at any time in our customer login area under My Account --> View My Orders.
3. Range of goods on offer and their essential characteristics
The essential characteristics of the goods or services tendered can be taken from the description of an article by selecting it and clicking on the article in our shop.
4. Prices, Delivery Costs, Payment, Due Date
4.1 The prices are final prices and include the statuary value added tax and other price components. Delivery costs are excluded.
4.2 Delivery costs are not included in the purchase price. Delivery costs are stated separately in the respective product description or shown separately in the course of the order process and are to be borne by the customer in addition, unless free delivery was confirmed.
4.3 We accept payments made either by advance payment, by direct debit, by buying on account with Klarna, by immediate transfar via the service Sofortüberweisung.de, by buying on acccount for returning customers or via Paypal
4.4 In case of payment by advance payment, the customer shall undertake to pay the purchase price immediately via banktransfer after conclusion of the contract.
4.5 When buying on account with Klarna you always get the goods first and you always have a payment period of 14 days. You will find the complete terms and conditions for the purchase of invoices here. The online shop does not levy a charge when purchasing a bill with Klarna.
5. Delivery
5.1 All products are immediately ready for dispatch unless otherwise stated in the respective article description. In such a case, delivery takes place within 5 working days at the latest. For advance payments via bank transfer, delivery takes 10 working days from the order of payment by the customer. The term of delivery shall begin to run on the day after the contract is concluded. If the deadline falls on a Saturday, Sunday or an official bank holiday, the deadline is shifted to the next working day. If the failure to comply with the delivery deadline is due to Force Majeure, e.g. industrial dispute, strike, unforeseeable impediments or other circumstances for which the seller is not responsible, deadlines shall be automatically extended accordingly.
5.2 With a dispatch sale as well, the risk of accidental loss and accidental impairment of the goods is transferred to the customer at the time of handing over the goods to the customer.
5.3 By way of derogation from 5.2, when the customer is a professional as defined in 1.5, the risk of accidental loss and accidental impairment of the goods is transferred to the customer at the time of handing over the goods to the person performing the transportation.
5.4 If a vintage is sold out, we reserve the right to deliver the following vintage, as far as this is reasonable for the customer and he did not indicate that he only wanted the ordered vintage.
6. Reservation of ownership
The ownership of the goods remains with the company Weinunikate up to the complete payment of the purchase price.
7. Right of withdrawal
The right of withdrawal shall apply for consumers in the following, whereby consumer is defined as any physical person who concludes a legal transaction for a purpose that cannot be its commercial or independent professional activities:
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Weinunikate Frank Feldkamp and Charlynne Boucher GbR, Osterwaldstraße 141, 80805 München, Tel.: 089 32 20 95 60, Email: info(at)weinunikate(dot)com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
--- Attachment Standard Withdrawal Form ---
Standard withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
- To
Weinunikate Frank Feldkamp and Charlynne Boucher GbR
Osterwaldstraße 141
80805 München
Email: info(at)weinunikate(dot)com
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
- Date
___________
(*) Delete as appropriate.
8. Guarantee
The guarantee is governed by statutory provisions.
9. Liability
9.1 The Company Weinunikate assumes unlimited liability for intent and gross negligence.
9.2 For simple negligence, the company Weinunikate is liable only for breaches of fundamental contractual duties (cardinal duties), unless there is injury to life, body or health. The liability shall be limited to the damage typical to the contract and predictable
9.3 In cases of simple negligence, the liability shall be excluded for indirect and unforeseen damage, loss of production, loss of utilization or loss of profit, default of savings and damage to the assets of third, unless there is injury to life, body or health.
9.4 Any further liability shall be excluded hereby, without regard to the legal nature of the asserted claim. The aforementioned limitation or exclusion of liability shall not apply to a compulsory statutory strict (e.g. pursuant to the Product Liability Act) or liability as a result of a guarantee.
9.5 As far as the liability referred to in paragraphs 2 and 3 is excluded or limited, this applies equally to the personal liability of employees, workers, representatives, executive bodies and vicarious agents of the company Weinunikate.
10. Place of jurisdiction and governing law
10.1 German law applies; the UN Convention on the International Sale of Goods shall be excluded. In the event that the client is a consumer, this legal option shall only apply if protection granted by compulsory regulations of the country’s legal system, in which the consumer resides, is not withdrawn.
10.2 If the contract partner is a sales person, a legal person of public office or a special fund under public law, it shall be agreed that the sole court of jurisdiction is the court of the place of business of Weinunikate. The same applies to persons who do not have a general court of jurisdiction within Germany or persons who changed domicile after conclusion of the contract to a foreign country, or if the residence is unknown at the time of institution of proceedings.
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