§ 1 Scope of these Terms and Conditions
For between ART + WINE eK, owner: Hussen El-Dessouki, (hereinafter: ART + WINE called), and the purchaser (hereinafter referred to as CLIENT) contracts governed by the following terms and conditions.
§ 2 Conclusion of contract
Our product ranges in the Internet represent a binding offer to conclude a purchase contract, but an invitation to make an order (purchase offer by the customer).
It was only by an explicit confirmation by us is the sales contract. Please note that your bid is legally binding.
The contract language is German.
§ 3 orders in
a. You can now submit your offer to purchase in the following ways: phone, submit in writing, by e-mail or via our shop system.
b. Remember when buying through the online shop system:
The goods are intended for sale in the "basket" folder. On the appropriate button in the navigation bar, you can call the "shopping cart" and then make changes at any time. After calling the page "Checkout" and enter your personal data and payment and shipping terms to be conclusively shown again of the order.
Before submitting the order you have the opportunity here all information (such as name, address, shipping, payment type and order) to check again to change or cancel the purchase. By submitting an order through the appropriate button to make a binding offer towards TOUR DES VINS. You will get an automatic e-mail confirming the receipt of your order, which does not lead to the conclusion of the contract.
The acceptance of your offer (and thus the contract) shall in all cases by confirmation in writing, in which you will be processing the order confirmed.
The data you provide will be used only for the execution and delivery of your order and we will not be passed on to third parties.
§ 4 Delivery and Delivery Area
a. serve as part of our online service, we exclusively under the point specified shipping cost countries. The deliveries are made at the time of order delivery conditions applicable to the customer's delivery address.
b. Delivery is by parcel service or freight forwarding. The standard delivery time is given as 2-4 business days, with one delivery on Sundays and holidays shall be excluded.
c. There is no minimum order size of packaging reasons, however, 1, 2, 3, 6, 12 or 18 bottles must, in any order are ordered to be ordered.
d. If the buyer is in default of acceptance or culpably violates other cooperation obligations, WINE + ART is entitled, for the resulting damages, including any additional expenses to demand. Further claims are expressly reserved. Likewise goes for the case of default of acceptance by the Purchaser on the risk of accidental destruction or deterioration of the item to the buyer.
e. Unless otherwise requested, we supply as industry practice for any sort of cleared the year of succession, if it is equivalent in type and price.
f. To avoid the performance disadvantages, we recommend that goods are delivered by freight forwarders need to test in the presence of hidden damage. Please note that you acknowledge with your signature to the receipt of the goods in perfect condition.
g. Are you a consumer, delivery and shipping is at your own risk.
§ 5 minors
a. With your order at ART + WINE, you confirm that you are over 18 Years of age.
b. The customer is obliged to ensure that only he himself or by his authorized to receive the delivery of legal age who receive the goods. When the UPS delivery is entitled to demand proof of age.
§ 6 Prices and Payment
a. The prices at the time of order by the customer. All prices are final, ie inclusive of VAT and, if the tax champagne. Additional costs for special deliveries or costs incurred as a result of repeated delivery attempts will be billed to the customer.
b. As payment we currently offer the following options:
- Payment by cash in advance. The supply of new customers is generally cash in advance.
- Payment by invoice (for existing customers)
c. If you have chosen as a reserve of payment "in advance", we have the product in question after receiving your order for a period of 14 days for you, beginning with the date of our invoice. If no payment during this period expires, the reservation.
§ 7 Shipping
Germany
To 6 bottles of 6.00 EUR
Up to 12 bottles 8.00 EUR
Up to 18 bottles 10.00 EUR
from 250.00 EUR total bill including VAT. free of charge.
The shipping costs to other delivery areas:
§ 8 Right of withdrawal
You can cancel your contract within 14 days without giving any reasons in text form (eg letter, fax, e-mail) or - if the goods before the deadline expires - by returning the goods. The time limit begins after receipt of this notice in written form, but not before receipt of the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in connection with § 1 paragraph 1 and 2 draft Law, as well as our duties according to § 312g, paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB.
The revocation period is sufficient to send the revocation or the thing. The revocation must be sent to:
Wine + art e.K.
Owner: Hussen El-Dessouki
Heinrich Lohse-Str. 69a
D-25451 Quickborn
Fax: +49 (0) 4106-66385
E-mail: info@wein-kunst.de
Consequences
In the case of an effective withdrawal, the mutually received benefits and any benefits derived (eg interest) surrendered. Can you give us the performance received and benefits (eg usage advantages) or not to issue or not, or only in deteriorated condition or in part, to the extent you have to pay compensation. For the deterioration and derived benefits, you must pay compensation only if the uses or the deterioration is due to a deal with the matter, beyond the consideration of the characteristics and functioning. By "testing the properties and functioning" refers to the testing and evaluation of the respective goods, such as it is in our store and customary. Transportable items are to be returned at our risk. You have to bear the costs of returning the goods if the goods ordered and if the price of the item to be returned does not exceed 40.00 EUR, or if you are at a higher price the thing at the time of withdrawal is not the consideration or have provided a contractually agreed part payment. Otherwise, the return is free of charge. Not parcel things are picked up. Obligations to reimburse payments must be made within 30 days. The period begins with the declaration of revocation or the thing for us with their receipt.
End of withdrawal
A right does not exist in shipments that were produced to customer specifications and perishable goods.
§ 9 return costs
Exercise your right to cancel, you have to pay the regular cost of the return if the delivered goods ordered and if the price of the item to be returned does not exceed 40.00 EUR, or if you are at a higher price for the goods time of withdrawal have not been rendered in the consideration or a contractually agreed part payment. Otherwise, the return is free of charge.
§ 10 Return modalities
a. Please send the shipment back not free, but you should contact us. We arrange for one of us from a cost-effective retrieval within 2 working days. Please keep your receipt as proof of your return to good. Without this proof can unfortunately be no refund if lost.
b. Please avoid damage and contamination. Please send the goods back to us in resalable condition. Use the original packaging for return. If you do not have the original packaging, please provide a suitable package for an adequate protection against damage in transit.
c. Please note that the above paragraphs is not a prerequisite for the effective exercise of the right to cancel. We strive regardless of legal obligations in every respect a fair relationship with you as our customer. We therefore would find it fair if you were free to make returns to us or receive from a contact with us would return, so the return can be completed for all participants as uncomplicated and smooth.
§ 11 Retention of title
aa) We reserve title to the goods delivered until full payment of all claims arising from the delivery. We are entitled to repossess the goods if the buyer breaches the contract.
ab) The buyer is obliged, as long as ownership has not passed to him to treat the goods with care. As long as ownership has not been transferred, the buyer must notify us in writing immediately if the case of seizure or other interference by third parties. If the third party is unable to reimburse us for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the purchaser is liable for the loss incurred.
ac) The purchaser shall be entitled to resell the reserved goods in the ordinary course of business. The claims of the buyer from the resale of the goods the buyer shall already now to us in the amount of the mutually agreed final invoice (including VAT). The buyer is entitled to collect the claim even after assignment. Our authority to collect the receivables ourselves remains unaffected. We will not collect the claim as long as the buyer's payment obligations from the proceeds, is not in default of payment and has not filed for insolvency proceedings or suspension of payments.
§ 12 Warranty
Wines
aa) Does the product ordered a shortage within the meaning of § 434 BGB, the purchaser may, if repair of the goods is not possible, the delivery of a defect-free. In this case, the buyer, the product has first to be returned at their own expense to WINE + ART. The return costs will be reimbursed by ART + WINE, if confirmed, the defectiveness of the product. Where, then again at a re-supply of a defective product out, the purchaser is entitled to rescind the contract or reduce the purchase price.
from) the customer chooses because of a defect after failed subsequent cancellation of the contract, he has no right to compensation for the defect.
Art objects
For the condition of the property, the seller gives no guarantee in purchase legal sense, and such is not particularly in the descriptions, which are the best of our knowledge and belief has been made.
ac) externally visible damage or defects must be immediately on the delivery receipt (bill of lading for example).
ad) However, where the purchaser is a trader within the meaning of the Civil Code, this is so obliged, under § 377 for an immediate complaint. He must therefore show the defect immediately after receipt of the goods from ART + WINE. Failure to do so, the assertion of warranty claims is excluded.
§ 13 Place of Jurisdiction
aa) To the extent that the customer is an entrepreneur, has jurisdiction for all disputes arising between the customer and the ART + WINE responsible for our corporate headquarters in court Pinneberg.
ab) Independently of this, we may in any case to object to our customers in a different legal court action.
ac) If the buyer on the other hand consumers within the meaning of the Civil Code, the following shall apply:
Consumer complaints against WINE ART + are to be collected according to the legal jurisdiction under § 17 ZPO at company headquarters.
Complaints from ART + WINE are against the consumer, however according to impose the statutory jurisdiction under § 13 ZPO at the residence of the purchaser.
§ 14 writing requirement
In addition to agreements to these Conditions do not exist. Changes and additions to these Terms must be in writing. This also applies to the regulation regarding the writing requirement.
§ 15 Severability clause
If any provision of these Conditions be or become invalid, this shall not otherwise be valid. The invalid provision shall be deemed to be that which the parties had agreed to note the ineffectiveness of the various terms and conditions clauses, to bring about the economic success of this clause. The same applies in the case of gaps.
Reference
The colors of the products shown on the Internet for various reasons (lighting when recording, monitor settings, quality of the graphics card, etc.) differ slightly from the original.
As of December 12, 2011
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