The following terms and conditions apply to all contracts of Solid Wine, Stephan Kokerbeck & Philip Fleischer GbR; Benatzkystr. 2, 33647 Bielefeld (hereinafter "Seller") to its customers (hereinafter: Customer).
§ 1 Scope, definitions
(1) The business relationship between the provider and the customer, the following general terms and conditions apply in their valid at the time of the order. Different conditions of the customer are not recognized, unless the seller agrees to their validity in writing.
(2) The seller enters into contracts only with consumers within the meaning of § 13 BGB.
(3) The seller enters into contracts for wine deliveries exclusively with unlimited legal capacity of natural persons, who have reached the age of 18.
§ 2 Conclusion of contract
(1) The seller provides the customer in our online shop at www.my-winebox.com different products for sale. The offers of the offerer intended exclusively for customers in Germany.
(2) The order of the customer is offered an offer to conclude a contract. The contract is concluded by acceptance of the order by the supplier. Before binding his order, the customer can correct all entries using the usual keyboard and mouse functions. In addition, all entries will be displayed again in a confirmation window before binding the order and can be corrected using the standard keyboard and mouse functions. Deviations and technical changes to the illustrations or descriptions are possible. The receipt and acceptance of the order will be confirmed to the customer by e-mail.
(3) confirm the order, the provider will send the customer the contract as well as these Terms and Conditions.
§ 3 Prices, Sales Tax and Payment
(1) The prices indicated at time of order on the website apply. All prices are inclusive of applicable taxes.
(2) The dispatch and packing costs will be notified to the customer before the order and shall be borne by the customer.
(3) The delivery to the customer by the provider made in advance (by bank transfer, by "PayPal").
(4) When paying in advance, the payment of the purchase price is payable immediately upon conclusion of the contract. If the customer is in default with his payment obligations, as may demand compensation according to law, in particular interest at the rate of 5 percentage points above the base rate of the provider. The customer's obligation to pay default interest includes the assertion of further damages caused by default by the seller not.
§ 4 Delivery, product availability
(1) The goods ordered, unless otherwise agreed by contract, delivered to the address specified by the customer. Delivery will be made from the warehouse of the supplier or directly from the manufacturer. The seller reserves the right to make a partial delivery if this is advantageous for a speedy settlement and the partial delivery for the customer is not unreasonable exceptionally. By partial deliveries resulting additional costs to the customer will not be billed.
(2) Information about delivery times are not binding unless the date of delivery was authentic guaranteed by the seller. In Stock-existing product uses the provider, unless expressly agreed otherwise in advance agreed within 1-2 working days after receipt of buyer's payment
(3) The seller reserves the right to release it from the obligation to fulfill the contract when the goods are to be delivered by a supplier to the day of delivery and the delivery under remains fully or partially. This self-supply reservation applies only if the supplier is not responsible for the failure of delivery. The supplier is not responsible for the failure of performance, if completed on time with the supplier so-called congruent hedging transaction was completed to fulfill the contractual obligations. If the goods are not delivered, the seller will inform the customer immediately about the circumstances and report to a pre-paid purchase price and shipping costs
(4) The risk of accidental loss and accidental deterioration of the goods shall pass with the handover to the customer. For the return and recycling of sales packaging of the provider, the provider is responsible. This fulfills the provider the corresponding obligations under the Ordinance.
(5) The customer, if he exercises his right of withdrawal for distance contracts to pay the regular costs of the return if the delivered goods ordered corresponds and if the price of the products does not exceed an amount of 40 € or if the customer is higher at a price of the goods has not yet paid the consideration or a contractually agreed partial payment at the time of cancellation.
§ 5 Retention of title / off
(1) Until full payment of the delivered goods remain the property of the provider.
(2) The right to offset the customer only if his counterclaims are recognized by the seller or legally established. To exercise a lien, the customer is only insofar as his counterclaim is based on the same contract
§ 6 Liability and Warranty
(1) Outside the liability for material defects and defects of providers is liable without limitation, if the damage is caused by intent or gross negligence. He is also liable for the negligent breach of material obligations (obligations the violation endangers the purpose of the contract) as well as for the violation of cardinal obligations (obligations the fulfillment of which allows the execution of the contract and trusts in which the customer regularly) but only for the foreseeable, typical damage. The provider is not liable for the negligent breach other than the aforementioned obligations.
(2) The limitations of the preceding paragraph shall not apply to injury to life, body and health, for a defect after a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the product liability law remains unaffected.
(3) If the liability of the provider is excluded or limited, this also applies to the personal liability of its employees, representatives and agents.
(4)) Material contractual obligations are those whose performance to achieve the objective of the contract is necessary.
§ 7 withdrawal
As a consumer you can without giving reasons in writing (eg letter, fax, email) or your contract within 14 days - if the goods before the deadline - by returning the goods revoked. The time limit begins after receipt of this instruction in text form, however not before receipt of the goods by 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 and our obligations according to § 312e paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB. The revocation period is sufficient to send the revocation or thing. The revocation must be sent to:
Solid Wine, Stephan Kokerbeck and Philip Fleischer GbR; Benatzkystr. 2, 33647 Bielefeld
consequences of revocation
In case of an effective cancellation the mutually received benefits are to be returned and any benefits (eg interest) surrendered. Can you give us the performance received and benefits (eg benefits of use) or partly or only in deteriorated condition or issue, you have to pay us compensation. For the deterioration you must pay compensation only to the extent the deterioration is due to a deal with the matter, beyond the consideration of the characteristics and functioning. Compensation derived benefits, you only have to make, if you have used the goods in a manner that goes beyond the examination of the characteristics and functioning. Under the "testing the properties and functioning" refers to testing and trying out the goods, as it is possible and customary in a retail store.
Transportable items are to be returned at our risk. You have to bear the cost of returning the goods if the delivered goods correspond to the ordered and if the price of the returned goods does not exceed the amount of 40.00 € or if you are at a higher price the thing at the time of the revocation yet the return have been rendered or a contractually agreed part payment. Otherwise the return is free for you. Not parcel things do you pick. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation or the goods, for us with their reception.
End of cancellation policy
Our request to you: We we would be very pleased if you BEFORE the exercise of the right to contact us via phone or email and we might one for you and find simple and satisfactory solution. For the duration of the related discussions, we would regard the withdrawal period as naturally exposed, so you suffer no disadvantage by the talks. But we want to explicitly clarify that you are not committed to a previous contact. The revocation, as described here, with its conditions and consequences, is your legal right, which we want to take neither obvious nor can.
The right does not apply to distance contracts for the delivery of goods which are not suitable due to their condition for a return or spoil quickly or whose expiration date has passed.
§ 8 Notes on Data
(1) The customer is aware and it is that one that required for completion of the order personal data by the Seller will be stored on disks. The customer consents to the collection, processing and use of personal data expressly. The personal data stored will be treated confidentially by the seller. The collection, processing and use of personal data of the customer is done in compliance with the Federal Data Protection Act and the Telemedia Act.
(2) The customer has the right to revoke his consent at any time with effect for the future. The provider is obliged in this case to immediately delete the personal data of the customer. If the order process the deletion took place after completion of the order process
§ 9 Final Provisions
(1) Contracts between the provider and the customer, the law of the Federal Republic of Germany under exclusion of the UN Sales Convention.
(2) The contract shall remain binding even if legal invalidity of individual items, the remaining parts. Instead etwaig ineffective points occur, if any, required by law. Insofar as this would constitute an undue hardship to a party to the contract but is ineffective as a whole.
Stand in July 2012