§ 1 SCOPE OF APPLICATION
These general terms and conditions of sale apply to all purchases at winekiki.com made by private customers. Private customers in this sense are persons residing in the Federal Republic of Germany who enter into a legal transaction (as long as the goods they ordered are) for purposes that predominantly are outside their trade, business or profession.
§ 2 CONCLUSION OF CONTRACT, EXCLUSION OF MINORS
The presentation of our goods in our web-shop does not represent a binding offer. Only your order represents an offer to us to conclude a sales contract. After you place an order you will receive an order confirmation by e-mail from us acknowledging that we have received your order including the details of your order. This e-mail is not an acceptance of your order, but just a confirmation that we have received your order. We will confirm our acceptance of your order to you by sending you an e-mail that confirms that the goods have been dispatched. The contract between us will only be formed when we send you the dispatch confirmation.
A shipment is performed only on adults aged 18 years. With your order, you warrant that you are of legal age (at least 18 years old).
§ 3 Price of Goods, shippping charges and payment
For orders placed all prices shown include the applicable VAT. The prices of our goods will be quoted on our web-site at the time you submit your order. The price of an item does not include the shipping charges. To check relevant shipping charges, we refer to our shipping information.
Upon exercise of your right of withdrawal, we will refund the possible shipping charges (for the original delivery to you).
Payment is due upon delivery within the Federal Republic of Germany via PayPal and advance.
If you choose the payment methods PayPal payment processing via the payment service provider PayPal (Europe) S.à done R.L. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg under validity of the PayPal User Agreement, available at
https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=en_US.
§ 4 SHIPPING OF RETURNED GOODS
Please use when returning the goods and accessories, if possible the original packaging, even if it should be damaged by an opening for functional testing. You are not legally obliged to do so, but by returning the goods in their entire original packaging you can prevent that we have to ask you for compensation because of the missing original packaging.
For the return we will send you a return label. This is the easiest and least expensive shipping option. There is no obligation to use the return method. However, if you choose an unnecessarily more expensive shipping method, you may be required under certain circumstances, to pay respect to a less costly shipping charges to us.
From your 5th order on we will bear the return costs completely in the event of a withdrawal.
§ 5 RESERVATION OF TITLE
The delivered goods remain our property until full payment is received for all existing claims against the customer arising from the sales contract.
§ 6 WARRANTY
For consumers, the statute of limitations for claims arising from defects concerning the delivery of goods shall be 2 years beginning at the time of delivery.
If you order as a merchant in the sense of § 1 HGB (German commercial code) the obligation of inspection, notification and rejection in accordance with § 377 HGB applies to you. If you neglect the obligation to give notice specified there, the goods are considered approved.
If you order as a consumer, we ask you to reclaim delivered goods with obvious transport damages to the deliverer and thereof to inform the seller sole discretion. If you do not comply with this request, this does not affect your statutory or contractual warranty claims.
If the subsequent performance has been rendered in case of defects by replacement delivery, you are obliged to return the goods initially delivered within 30 days to us at our expense.
§ 7 LIABILITY
In the case of minor negligence, we are only liable in case of breach of essential contractual obligations and limited specifically to typical damages that are foreseeable upon conclusion of the contract. This limitation does not apply in case of injury to life, limb or health. We are not liable for other damages due to minor negligence that are caused by a defect of the purchase item.
Regardless of a fault, any liability of us in the case of malicious concealment of the defect or for the assumption of a warranty remains unaffected by this limitation of liability.
§ 8 OTHER IMPORTANT TERMS
The contract is governed by the law of the Federal Republic of Germany excluding UN sales law.
If you, in contradiction to your declarations, at the time of your offer do not have your general place of jurisdiction in Germany or you relocate your domicile or customary place of residence from Germany after conclusion of the contract or your domicile or customary place of residence is not known at the time that the action is brought, the place of jurisdiction for all disputes arising from the contractual relationship, to the extent legally permissible, is exclusively Nürnberg.
The EU Commission provides a platform on extrajudicial online dispute resolution (ODR platform) under http://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform for the settlement of disputes.
