Imprint / Terms and Conditions

INFORMATION PURSUANT TO § 5 TMG

WINE VEREIN® c/o

Annika Hofmann

Winterhuder Weg 29, 7th floor
22085 Hamburg, Germany

hallo@wineverein.de

www.wineverein.de

This is not a returns address. Please register your return at hallo@wineverein.de.

WINE VEREIN® is a registered trademark.

 

Responsible for the content according to § 55 Abs. 2 RStV and § 18 MDStV:

Annika Hofmann

Winterhuder Weg 29, 22085 Hamburg

 

 

My terms and conditions (also "AGB", see below) are part of every order. All taxes and social security contributions are reported by me according to my commercial nature and paid to the authorities.

Disclaimer

As a service provider, I am responsible for my own content on these pages under general law in accordance with Section 7 (1) TMG. According to §§ 8 to 10 TMG, however, as a service provider I am not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected. However, liability in this regard is only possible from the point in time at which knowledge of a specific infringement of the law is known. As soon as I become aware of any violations of the law, I will remove this content immediately.

The contents of this website are created with utmost care. Nevertheless, I assume no liability for the topicality, correctness or completeness of the content provided. Despite careful content control, I assume no liability for the content of external links. The operators of the linked pages are solely responsible for their content.

Copyrights

All content and works published by me on this website are subject to German copyright law. The duplication, processing, distribution and any kind of exploitation outside the limits of copyright requires the prior written consent of the provider or the respective rights holder. Downloads and copies of this site are not permitted for private or commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are observed. In particular contents of third parties are marked as such. Should you nevertheless become aware of a copyright infringement, please inform me accordingly. As soon as I become aware of legal violations, I will remove such content immediately.

Dispute Resolution

The European Commission has to provide a European platform for online dispute resolution (“OS platform”). My e-mail address is stored above in the imprint. The OS platform can be accessed on the Internet at the Internet address http://ec.europa.eu/consumers/odr/. I am neither willing nor obliged to participate in out-of-court dispute resolution.

Hamburg, April 03, 2023

 

 

Terms and Conditions (also "AGB") (Download)

General terms and conditions of business

Annika Hofmann, Winterhuder Weg 29, 22085 Hamburg

 

Status: 05/10/2023. The German terms and conditions are legally binding.

  1. Scope of Application

These general terms and conditions (hereinafter referred to as "AGB") apply to all business relationships and deliveries between me, Annika Hofmann (hereinafter referred to as "seller"), Winterhuder Weg 29, 22085 Hamburg, and exclusively a consumer or entrepreneur (hereinafter referred to as "customer") in their valid version at the time of the order. A customer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity (§ 13 BGB). Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership with legal capacity who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction. The seller's terms and conditions apply exclusively. The inclusion of the customer's own conditions is objected to unless otherwise agreed.

  1. Conclusion of Contract / Contract Execution, Storage of Contract Text

2.1 The following provisions regarding the conclusion of the contract apply to orders placed through our online shop www.wineverein.de/en. The presentation of goods in the shop does not constitute a legally binding offer on our part but is merely an invitation for the customer to order goods.

2.2 When placing an order, the following regulations apply: By going through the ordering process provided in our shop, the customer makes a binding offer to conclude a contract. The customer can submit the offer via the online order form integrated in the seller's online shop. After the customer has added the selected goods to the virtual shopping cart and completed the electronic ordering process, the customer submits a legally binding offer to conclude a contract with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process. The order is confirmed by an automatically generated email with the title "Order Confirmed”.

2.3 The seller has 5 days (end of the 5th day) to accept the customer's offer. This period begins on the day after the customer sends the offer. If the seller does not accept this offer within this period, it is considered a rejection of the offer. This means that the customer is no longer bound by their declaration of intent. The seller accepts the offer by sending a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation is decisive for the consumer, or by delivering the ordered goods to the customer, whereby the receipt of the order confirmation is decisive for the consumer, or by sending a separate email to the customer requesting payment after placing the order. If several alternatives of the aforementioned points are present, the contract is concluded at the time when one of the alternatives occurs first.

2.4 If a payment method offered by PayPal is selected, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal terms of use, accessible here: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, accessible here: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a PayPal payment method selectable in the online ordering process, we hereby declare our acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the seller's online order form, the contract text is stored by the seller and sent to the customer in written form (e.g., email, fax, or letter) after the customer has submitted their order, along with these terms and conditions. The terms and conditions can be viewed at any time at https://wineverein.de/en/pages/impressum-agb. For security reasons, the customer's order data is not accessible via the internet.

2.6 Prior to bindingly submitting the order via the seller's online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. A useful technical means for better recognizing input errors can be the browser's zoom function, which enlarges the screen display. The customer can continuously correct their entries using the usual keyboard and mouse functions during the electronic ordering process before submitting the order in a binding manner. Furthermore, all entries are displayed again in a confirmation window before the order is bindingly placed and can be corrected using the usual keyboard and mouse functions in that window.

2.7 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided by them for order processing is accurate, so that they can receive emails sent by the seller to that address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.

Only the English and German language is available for the conclusion of the contract.

  1. Prices and Payment Conditions

3.1 The customer has the option to pay by credit card (Visa, Maestro, Mastercard, American Express, Union Pay), Shop Pay, Apple Pay, Google Pay, Bancontact, iDeal eps-Überweisung, Klarna, SOFORT or PayPal. The indicated prices include statutory value-added tax and other price components. Any shipping costs will be added. If the customer has chosen payment in advance, they are obligated to pay the purchase price immediately after submitting their offer, at the latest within 7 days. The seller reserves the right to withdraw from already concluded contracts or no longer accept the customer's offer and make the goods available again within the inventory management system in case of fruitless expiration and thus non-payment.

3.2 If the payment method "PayPal" is selected, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer opens a PayPal account or already has such an account.

 3.3 If the payment method "SOFORT" is selected, the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). In order to pay the invoice amount via SOFORT, the customer must have an online banking account with activated participation in SOFORT and a PIN/TAN procedure, authenticate themselves accordingly during the payment process, and confirm the payment instruction to SOFORT. The payment transaction is then carried out immediately by SOFORT, and the customer's bank account is debited. Further information on the payment method "SOFORT" can be found on the internet at https://www.klarna.com/sofort/.

3.4 If Klarna payment method is selected: For more information about Klarna, please visit: https://www.klarna.com/de/smoooth-mehrzuklarna/. In collaboration with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made directly to Klarna:

  • Invoice: The payment period is [14] days from the shipment of the goods/tickets or, for other services, from the provision of the service. You can find the complete invoice terms for the countries where this payment method is available here:

Germany: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee%3D0 Netherlands: https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en_nl/invoice

Austria: https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/invoice

  • Installment Purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly installments according to the conditions stated at the checkout. The installment payment is due at the end of each month, following the receipt of a monthly invoice from Klarna. For more information on installment purchase, including the general terms and conditions and European standard information for consumer credit, available in the countries where this payment method is offered, please refer to the following links (available only in the specified countries):

Germany: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account

Austria: https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/flex_account

  • Sofortüberweisung (Immediate Bank Transfer): Available in Germany, Austria, Belgium, Italy, Spain, Poland, and the Netherlands. Your account will be debited immediately after placing the order.
  • Direct Debit: The debit will be made after the shipment of the goods. The exact timing will be communicated to you via email.
  • Credit Card (Visa/Mastercard): Available in Germany. The charge will be made after the shipment of the goods or tickets / availability of the service or according to the communicated intervals in the case of a subscription.

The use of the payment methods Invoice, Installment Purchase, and Direct Debit requires a positive credit check. Therefore, we will forward your data to Klarna for the purpose of address and credit checks within the scope of initiating and processing the purchase contract. Please understand that we can only offer you the payment methods that are permissible based on the results of the credit check. For more information and Klarna's terms of use, please visit: https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user. General information about Klarna can be found here: https://www.klarna.com/de/. Klarna handles your personal information in accordance with applicable data protection regulations and as described in https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy.

3.5 If Shop Pay payment method is selected: Shop Pay is an accelerated checkout option where customers can store their email address, credit card, and shipping and billing information to complete transactions more quickly when redirected to the Shopify checkout.

3.6 If Apple Pay payment method is selected: To pay the invoice amount using Apple Pay, you must use the "Safari" browser, be registered with the service provider Apple, have the Apple Pay feature enabled, authenticate yourself with your access data, and confirm the payment instruction. The payment transaction will be carried out immediately after placing the order. Further instructions will be provided during the ordering process.

3.7 If Google Pay payment method is selected: To pay the invoice amount using Google Pay, you must be registered with the service provider Google, have the Google Pay feature enabled, authenticate yourself with your access data, and confirm the payment instruction. The payment transaction will be carried out immediately after placing the order. Further instructions will be provided during the ordering process.

  1. Delivery and Shipping

4.1 The delivery of goods is usually carried out by shipping to the delivery address provided by the customer.

4.2 The delivery of the goods will be made within a maximum of 8 working days. The deadline begins on the day following the payment order for advance payment and on the day following the conclusion of the contract for all other payment methods. If the deadline ends on a Saturday, Sunday, or public holiday at the place of delivery, the deadline will be extended to the next working day.

4.3 The delivery address specified in the seller's purchase processing is decisive for the handling of the transaction. However, in the case of payment via PayPal, the delivery address registered with PayPal at the time of payment is decisive. 

4.4 The risk of accidental loss and accidental deterioration of the goods passes to the buyer upon handover of the goods, even in the case of a sales transaction involving the shipment of goods.

4.5 If the shipping company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service unless the seller had announced the service to him a reasonable time in advance.

4.6 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which are to be borne by the customer. These may include, for example, costs for money transfer by banks (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to money transfers if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.7 Self-collection of the goods is not possible for logistical reasons.

  1. Vouchers

Promotional vouchers are delivered to the customer by post. Vouchers that are issued by the seller as part of promotional campaigns with a specific validity period and cannot be purchased by the customer (hereinafter referred to as promotional vouchers) can only be redeemed in the seller's online shop and only during the specified period. Promotional vouchers can only be redeemed by consumers. Only one promotional voucher can be redeemed per order. Promotional vouchers can only be redeemed before the order process is completed. Retroactive offsetting is not possible. Certain products may be excluded from the voucher promotion if specified in the content of the promotional voucher. The total value of the goods must at least equal the amount of the promotional voucher. Any remaining credit will not be refunded by the seller. If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the outstanding amount. The credit of a promotional voucher will not be paid out in cash or earn interest. The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of revocation. The promotional voucher is only intended for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.

  1. Retention of Title

The seller reserves the right of ownership of the goods until the purchase price has been fully paid.

  1. Warranty for Defects

If the purchased item is defective, the provisions of statutory warranty apply. The customer is requested to report any obvious transportation damages to the carrier and inform the seller accordingly. Failure to comply with this does not affect the customer's statutory or contractual warranty claims.

  1. Applicable Law

For all legal relationships between the parties, the laws of the Federal Republic of Germany apply, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). This choice of law applies to consumers only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country where the consumer has their habitual residence.

  1. Warranty

The statutory warranty regulations apply.

  1. Jurisdiction

If the customer is acting as a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activities. However, in all of the above cases, the seller is entitled to bring an action before the court having jurisdiction over the customer's place of business.

  1. Miscellaneous

11.1 The laws of the Federal Republic of Germany shall apply to contracts between the seller and the customer, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods. This agreement also applies if you are a consumer, unless the consumer protection regulations of the law of your habitual residence provide you with better protection.

11.2 Should any provision of this contract be ineffective, the invalidity of that provision shall not affect the validity of the contract as a whole.