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I. Preamble

These General Terms and Conditions govern the sale of products by GreatesWines.com GmbH, Oskar-Jäger-Straße 160, 50825 Cologne, Germany (hereinafter referred to as "Seller" or "we/us") to customers (hereinafter referred to as "Customers" or addressed as "you" or "you").

II. scope of application

The following General Terms and Conditions in the respective version at the time of the order shall apply exclusively to the legal relationship between the Seller and its Customers established via this Internet site.

Regulations deviating from these General Terms and Conditions, other general terms and conditions or other provisions of customers or third parties shall not become part of this contract and shall only apply if they have been expressly agreed to in writing in advance by the Seller.

III. contracting party 

Contractual partner is:
GreatesWines.com GmbH
Bonner Str. 484-486
50968 Cologne 

Commercial Register No.: HR B 98688, Cologne Local Court

Tax no.: 219/5815/3374

VAT ID: DE 325 679 098

Managing Director: Andreas Rühl

Contact: service@greatestwines.com


IV. Customer account 

In principle, the use of our Internet presence is possible without registration. However, we offer our customers the service of registering a personal customer account (in short: account).

Individual natural persons of full age and legal capacity (but not groups of persons such as families or married couples), legal entities and partnerships may register. There is no general entitlement to registration.

Furthermore, the following conditions apply to the establishment of an account:

  1. Account registration is free of charge.
  2. When registering his account, the customer has to give a salutation, his full name together with his e-mail address and to choose a password (access data). The customer is responsible for ensuring that the information provided by him during registration is true and complete. If a customer provides incorrect or incomplete information, the seller is entitled to terminate and delete the customer's account without notice.
  3. Under no circumstances is the customer entitled to disclose his access data and in particular his access password to third parties. If third parties nevertheless gain access to the customer's account or if the customer has other indications that his account is being misused, the customer must inform the seller of this immediately and change his access data.
  4. Multiple registrations of a customer are not permitted.

The deregistration of an account is possible just as quickly and easily. For this purpose, the customer can use the "Log off account" link in the "My account" administration. The account deregistration process will be initiated immediately.

In the event of misuse, the seller reserves the right to delete the account immediately and to take legal action.


V. Offers & Prices

The presentation of the products on the Internet presence of the seller does not constitute a legally binding offer of the seller to conclude a purchase contract. The customer is merely invited to make an offer by placing an order. 

All prices are ex stock plus packaging and shipping costs. These can be viewed via a link in the respective offers. 

All prices include the respective statutory value added tax and are shown separately on the invoice, unless the regulations of differential taxation according to § 25a UstG apply. 


VI. conclusion of contract & due date of payment 

1. A contract is regularly concluded by the customer's order on the one hand and the seller's declaration of acceptance on the other hand:

  1. By sending the order, the customer makes a binding offer directed to the conclusion of a purchase contract for the goods contained in the shopping cart. By sending the order, the customer also recognizes these general terms and conditions as solely authoritative for the legal relationship with the seller. 
  2. The seller confirms receipt of the customer's order by sending a confirmation e-mail. This order confirmation does not yet represent the acceptance of the contract offer by the seller. It merely serves to inform the customer that the order has been received by the seller. The declaration of acceptance of the contract offer takes place only with the sending of the invoice.

2. Upon conclusion of the purchase contract, the purchase price is immediately due for payment, unless otherwise agreed below for individual payment methods. 


VI. payment

The customer has various options for payment. More detailed information can be found in the check-out process. For each order, we reserve the right not to offer certain payment methods and to refer to other payment methods.

In addition, we reserve the right to carry out credit checks, provided that there is a legitimate interest in the credit check. This is especially the case if there is a financial risk of default.


VIII. Retention of title

The goods remain the property of the seller until full payment.


IX. Delivery

Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. On the website you will find information about the respective delivery areas, shipping costs, delivery as well as the availability of products (e.g. on the respective offer page). 

The customer is only entitled to collect the purchased items from the seller or from the specified supplier if this is expressly stated on the offer page.

In case of unavailability of the ordered goods, the seller reserves the right not to deliver. In this case, we will inform the customer immediately and promptly refund any consideration already received.

If the customer is a consumer and notices obvious defects of any kind in the packaging or the goods upon delivery, he should notify the seller of this in text form within 14 days of receipt of the goods and - if possible - by submitting pictures of the corresponding damage. The customer should have obvious, externally visible transport damage confirmed in writing by the parcel carrier upon handover of the shipment or refuse acceptance of the package. The legal rights of the customer are not limited by this.

If the customer is an entrepreneur in the sense of § 14 BGB, the following applies:

  1. The customer must inspect the item immediately after delivery, insofar as this is to be expected in the ordinary course of business. Should a defect become apparent, this defect must be reported to the seller immediately, at the latest within one week of receipt of the goods.
  2. If the customer fails to notify the seller of the defect in due time, the item shall be deemed to have been approved, unless the defect was not recognizable during the inspection.
  3. If such a defect is discovered later, it must be reported immediately after discovery; otherwise the article shall be deemed approved also in view of this defect.
  4. For the preservation of the rights of the customer the timely dispatch of the notice of defect is sufficient. In order to contact the Seller regarding a notification, the above contact details can be used.
  5. If the Seller has fraudulently concealed the defect, the Seller may not invoke these provisions.

 

X. Youth Protection Act

In accordance with the law for the protection of minors, the seller may only deliver or hand out alcoholic beverages to persons of legal age.


XI. Cancellation policy

If customers buy as consumers, i.e. the order is placed for purposes that are predominantly neither commercial nor independent professional activity can be assigned, a 14-day right of withdrawal applies, about which is instructed in the following paragraphs.

For commercial customers the right of revocation is excluded.

Cancellation policy

Right of withdrawal

You have the right to cancel 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 goods.

To exercise your right of withdrawal, you must send us (GreatesWines.com GmbH, Oskar-Jäger-Straße 160 50825 Cologne, service@greatestwines.com) by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, but it is not mandatory. 

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

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 most favorable standard delivery offered by us), without undue delay and no later than 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 any fees because of 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 without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.


Exclusion of the right of revocation


The right of revocation does not apply to the following contracts:


  • for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;


  • for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded. Cut flowers are quickly perishable goods. For this reason, we expressly point out that a right to revoke the contract, as generally provided for in Section 312 g (1) of the German Civil Code, is excluded for such goods pursuant to Section 312 g (2) No. 2 of the German Civil Code and therefore does not apply;


  • for the delivery of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can be delivered at the earliest 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence;


  • for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;


  • for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;

 

 

 XII. Warranty & Liability

The customer's warranty rights shall be governed by the general statutory provisions, unless otherwise provided below. The following provisions in this paragraph shall apply to the customer's claims for damages against the seller.

The limitation period for warranty claims of the customer is 2 years for consumers for newly manufactured items, for used items 1 year. For entrepreneurs, the limitation period is 1 year for newly manufactured items and 1 year for used items.

The above reduction of the limitation periods shall not apply to claims for damages by the customer based on injury to life, limb or health or to claims for damages based on a breach of material contractual obligations. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. the Seller shall hand over the item to the Customer free of material defects and defects of title and shall procure ownership thereof. The above reduction of the limitation periods shall also not apply to claims for damages based on an intentional or grossly negligent breach of duty by the Seller, its legal representatives or vicarious agents. The right of recourse pursuant to § 478 of the German Civil Code (BGB) shall also be excluded from the shortening of the limitation periods vis-à-vis entrepreneurs.

A guarantee is not declared by the seller.

The Seller shall only pay damages in the event of intent, gross negligence, culpable injury to life, limb or health, slightly negligent breach of a material contractual obligation (so-called "cardinal obligation"; this refers to an obligation the fulfillment of which is a prerequisite for achieving the purpose of the contract and on the fulfillment of which the Customer may therefore regularly rely), in the event of a breach of a guarantee expressly designated as such and in the event of a legally mandatory liability under the Product Liability Act. In the event of a slightly negligent breach of a cardinal obligation, liability shall be limited to the foreseeable damage typical for the contract at the time of conclusion of the contract, which the Seller had to expect at the time of conclusion of the contract based on the circumstances known at that time. Any further liability is excluded.


XIII. Prohibition of assignment and pledge

The assignment or pledging of claims or rights to which the customer is entitled vis-à-vis the seller is excluded without the seller's consent, unless the customer proves a legitimate interest in the assignment or pledging.


XIV. Offsetting

The customer shall only have a right of set-off if his claim put forward for set-off has been legally established or is undisputed.


XV. Data Protection

Personal data will be collected, processed and used by the Seller during the initiation, conclusion and execution of a purchase contract and, if applicable, for advertising purposes. In this respect, reference is made to the data protection declaration for details.


XVI. Applicable law & jurisdiction

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). With regard to legal relationships with consumers, mandatory national consumer protection law at the customer's permanent place of residence remains unaffected.

If the customer does not have a general place of jurisdiction in Germany or if the customer is a merchant within the meaning of the German Commercial Code (HGB), the place of jurisdiction for all legal disputes shall be the registered office of the seller. The Seller shall also be entitled to bring an action at the Customer's general place of jurisdiction.


XVII. Miscellaneous

The Seller reserves the right to change the General Terms and Conditions at any time and without stating reasons. The amended General Terms and Conditions shall be sent to the Customer by e-mail no later than two weeks prior to their planned entry into force. If the customer does not object to the validity of the new General Terms and Conditions within two weeks after receipt of the e-mail, the amended General Terms and Conditions shall be deemed accepted. In the e-mail containing the amended General Terms and Conditions, the Seller shall separately inform the Customer about the significance of this deadline, the right to object and the legal consequences of silence. This amendment mechanism does not apply to amendments to the main contractual obligations.

Under current law, the seller is obliged to inform consumers of the existence of the European Online Dispute Resolution platform, which can be used to resolve disputes without having to go to court. The European Commission is responsible for setting up the platform. The link to the European Online Dispute Resolution Platform can be found here: ec.europa.eu/odr.

The seller is not willing to participate in dispute resolution proceedings before a consumer arbitration board under the Consumer Dispute Resolution Act.

 

Status 04/21/2021