Terms and Conditions
§ 1 Scope and provider
The General Terms and Conditions (hereinafter referred to as "GTC") regulate the sale of products and services by VINOX79 GmbH (VINOX79) to you, in the version valid at the time of the order. Deviating AGB of the orderer are rejected.
Please read these terms and conditions carefully, before you place an order to VINOX79 GmbH. By placing an order to VINOX79 GmbH you agree with the application of these terms and conditions to your order. On VINOX79 we offer the sale of wines, champagne and wine tasting.
§ 2 Conclusion of the contract
Contracts on this portal can only be concluded in German Sprac§ 2 Conclusion of the contracthe.
The offers are directed exclusively to end customers with a billing and delivery address in worldwide.
In the case of individual bulky goods, the possible delivery addresses as well as the place of delivery may be limited; the limitation is shown in the respective list price.
The customer must be at least 18 years of age.
The presentation of the goods in the online store does not constitute a legally effective offer. By presenting the goods, the customer is merely requested to make an offer.
Your order represents an offer to VINOX79 to conclude a sales contract. The customer submits a binding offer, if he has gone through the online ordering process by entering the information requested there and clicks the button "Confirmation" in the last step of the order.
The purchase contract between the supplier and the customer is only concluded by a declaration of acceptance by the supplier. This takes place at the earlier of the two dates, either sending of the goods or sending of a shipping confirmation by e-mail. Please note that the confirmation of the receipt of your order does not represent a declaration of acceptance in the aforementioned sense.
The effectiveness of contracts for larger than household quantities as well as the commercial resale of the object of purchase requires the express confirmation on the part of the offerer. This refers both to the number of the ordered products in the context of an order and to the task of several orders of the same product, with which the individual orders cover a household usual quantity.
Your orders will be stored by us after conclusion of the contract. Should you lose your documents relating to your orders, please contact us by e-mail or telephone. We will send you a copy of the order data.
The presentation of the wine tastings on the website does not constitute a legally effective offer. By presenting the wine tastings, the customer is merely requested to make an offer.
By ordering a service with costs, the registered customer enters into another contractual relationship with VINOX79, which is separate from the registration. The user will be informed about the respective chargeable service and the terms of payment before conclusion of this contractual relationship. The contractual relationship is created when the purchaser confirms the order and payment obligation by clicking the button "Confirmation".
§ 3 Description of the scope of services
The scope of VINOX79 services consists of the sale of wines, champagne and wine tasting.
Wine tastings will take place when all offered places are fully booked.
§ 4 Prices and shipping costs
All prices include the legal value added tax. Due to the application of the differential taxation according to § 25a UStG, the value added tax is not shown separately on the invoice. The shipping surcharges vary depending on the place and quantity of delivery.
General information about shipping costs:
- Germany = 6,90
- within the EU = 19,90
- outside the EU = 34,90*.
In addition to the shipping costs, a flat rate of 5.00 € per bottle will be charged.
* Shipping costs may vary with regard to transport insurance and customs documents.
Despite our best efforts, a small number of products in our catalog may be listed at the wrong price. We check the prices when we process your order and before we charge the payment. If a product is labeled with the wrong price and the correct price is higher than the price on the website, we will contact you before shipping the product to ask if you want to buy the product at the correct price or cancel the order. If the correct price of a product is lower than the price indicated by us, we will charge the lower amount and send you the product.
The prices at the time of the order will apply. If list prices are available, the prices of the list price valid at the time of the order will apply.
The provider reserves the right to charge different fee models for different booking times and user groups and especially for different periods of use, as well as to offer different scopes of services.
§ 5 Delivery and Cancellation
Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. On the website you will find information about the availability of products sold by VINOX79. We point out that all information about availability, shipping or delivery of a product are only approximate indications and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly stated as a binding date in the shipping options of the respective product.
If VINOX79 determines during the processing of your order that products ordered by you are not available, you will be informed separately by e-mail or by message. The legal claims of the purchaser remain unaffected.
The delivery is carried out according to the payment method of the customer. In the case of advance payment, delivery will be made after the payment order has been issued to the remitting bank. In the case of payment by Paypal, credit card or immediate transfer, delivery will be made after the contract is concluded.
If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate sales contract is concluded between us for each shipping confirmation for the products listed in the respective shipping confirmation. Contract partner is VINOX79 GmbH. Irrespective of your right of revocation, you may cancel your order for a product at any time free of charge before the corresponding shipping confirmation is sent.
§ 6 Customs
If you order products from VINOX79 for delivery outside the European Union, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional fees for customs clearance must be borne by you; we have no control over these fees. Customs regulations vary greatly from country to country, so you should contact your local customs office for more information.
Please also note that when ordering from VINOX79, you are considered the importer and must comply with all laws and regulations of the country where you receive the products. The protection of your data is important to us and we would like to draw the attention of our international customers to the fact that cross-border deliveries are subject to opening and investigation by customs authorities. For more information, please read our customs information.
§ 7 Terms of payment
An accruing fee is to be paid in advance, at the time of the due date without deduction to VINOX79.
The purchaser can pay for the goods or services by the following payment methods:
A certain payment method can be excluded by the provider in individual cases.
§ 8 Set-off and right of retention
The customer is only entitled to offsetting if the customer's counterclaim has been legally established or is not disputed by the provider.
The orderer can exercise a right of lien only, as far as your counterclaim is based on the same contractual relation.
§ 9 Retention of title
VINOX79 GmbH reserves ownership of the goods until full payment.
§ 10 Damage in transit
Should the customer receive the goods with obvious transport damages, the supplier demands that he complains about these damages as soon as possible.
If the customer should miss the complaint, this has no consequences for the legal warranty rights. The purpose of the complaint is that the offerer can assert his own claims against the carrier.
§ 11 Limitation of liability (products)
The provider is not liable for claims for damages by the customer arising from injury to life, body or health.
As substantial contract obligations, obligations whose fulfillment is necessary to achieve the goal of the contract are considered.
The regulations of the product liability law remain unaffected.
As far as the liability of VINOX79 is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 11.1 Warranty
Warranty claims of the buyer are limited at our discretion to elimination 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. Any further claims of the buyer, in particular due to consequential harm caused by a defect, are generally excluded. This does not apply in the case of intent, gross negligence or breach of material contractual obligations on the part of the seller or in the case of injury to life, body or health. The right of the buyer to withdraw from the contract remains unaffected.
§ 12 Cancellation policy
If the customer is a consumer, he has a right of revocation in accordance with the following provisions:
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a uniform order or the delivery of a goods in several partial shipments or pieces) without giving reasons to revoke.
The revocation period is fourteen days from the day of the conclusion of the contract.
In order to exercise your right of revocation, you must give us:
Tel.: +49 (0)6232-8717237
Mobile: +49 (0)179-2698526
inform us by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. If you make use of this possibility, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation.
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 end of the revocation period and that you have returned the goods via our online return center within the period defined below.
Consequences of the revocation:
If you revoke this contract, we must refund all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive the notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
If you have requested that the services be commenced during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of cancellation with respect to this Agreement compared to the total scope of the services provided for in the Agreement.
We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods to us immediately and in any event no later than fourteen days from the date you return or hand them over to us. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods.
Exceptions to the right of withdrawal
You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for testing the nature, properties and functioning of the goods.
§ 13 Data protection
Should personal data (e.g. name, address, e-mail address) be collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, an error-free and trouble-free protection of third party data cannot be fully guaranteed. In this respect, our liability is excluded.
Third parties are not authorized to use contact data for commercial activities, provided that the provider has given the persons concerned prior written consent.
You have the right at any time to receive complete and free information from VINOX79 about the data stock concerning you.
Furthermore, there is a right to correction/deletion of data/restriction of processing for the user.
§ 14 Cookies
We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are usually so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system during your next visit (so-called permanent cookies).
You can contradict the storage of cookies, for this purpose a banner is available to you which you can contradict / accept.
Of course, you can set your browser so that no cookies are stored on the hard disk or cookies already stored are deleted. Instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.
§ 15 Place of jurisdiction and applicable law
For differences of opinion and disputes arising from this contract, the law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the supplier.
§ 16 Final provisions
We do not offer products or services for purchase by minors.
If you breach these terms and conditions and we do not take action against it, we will still be entitled to exercise our rights on any other occasion where you breach these terms and conditions of sale.
We reserve the right to make changes to our website, policies, terms and conditions, including these Terms and Conditions, at any time. Your order will be subject to the terms and conditions of sale, contract terms and conditions in effect at the time of your order, unless a change to these terms and conditions is required by law or governmental order (in which case they will also apply to orders you have previously placed). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
The invalidity of any provision shall not affect the validity of the other provisions of the contract. Should such a case occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.