Terms and Conditions
Terms and Conditions Terms and Conditions with Customer Information
- Scope
- Offers and Service Descriptions
- Ordering Process and Conclusion of Contract
- Prices and Shipping Costs
- Delivery, Product Availability
- Payment Methods
- Youth Protection
- Retention of Title
- Warranty for Defects and Guarantee
- Liability
- Storage of Contract Text
- Final Provisions
1. Scope
1.1. For the business relationship between ESSENTIAL WINES UG (haftungsbeschränkt), Auenstraße 68, 80469 Munich (hereinafter "Seller") and the customer (hereinafter "Customer"), only the following General Terms and Conditions in their version valid at the time of the order shall apply.
1.2. You can reach our customer service for questions, complaints and objections on weekdays at the telephone number +49 (0) 173 571 11 53 and by e-mail at info@essential-wines.com.
1.3. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly not be attributed to their commercial or independent professional activity (§ 13 BGB).
1.4. Deviating terms and conditions of the customer are not recognized unless the seller expressly agrees to their validity.
2. Offers and Service Descriptions
The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the seller's websites do not have the character of an assurance or guarantee. All offers are valid "while stocks last", unless otherwise noted with the products. Errors are otherwise reserved.
3. Ordering Process and Conclusion of Contract
3.1. The customer can non-bindingly select products from the seller's assortment and collect them in a so-called shopping cart by clicking the [Add to cart] button. Within the shopping cart, the product selection can be changed, e.g., deleted. The customer can then proceed to complete the ordering process by clicking the [Proceed to checkout] button.
3.2. By clicking the [Order with obligation to pay] button, the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time, and by using the browser's "back" function, return to the shopping cart or cancel the ordering process entirely. Required information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the offer. The purchase contract is only concluded when the seller dispatches, delivers the ordered product to the customer within 2 days, or confirms the shipment within 2 days with a second e-mail, an explicit order confirmation, or by sending the invoice.
4. Prices and Shipping Costs
4.1. All prices stated on the seller's website include the applicable statutory value-added tax.
4.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.
5. Delivery, Product Availability
5.1. Should the delivery of the goods fail due to the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments already made will be reimbursed to the customer without delay.
5.2. If the ordered product is not available because the seller is not supplied by their supplier through no fault of their own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if applicable, suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will immediately refund any payments already made.
5.3. Customers are informed about delivery times and delivery restrictions on a separate information page or within the respective product description.
6. Payment Methods
6.1. The customer can choose from the available payment methods within the ordering process and before completing it. Customers are informed about the available payment methods on a separate information page.
6.2. If third-party providers are commissioned with payment processing, e.g. PayPal, their general terms and conditions apply.
6.3. If the payment due date is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer must pay the statutory default interest.
6.4. The customer's obligation to pay default interest does not exclude the assertion of further default damages by the seller.
6.5. The customer is only entitled to offset if their counterclaims have been legally established or acknowledged by the seller. The customer can only exercise a right of retention insofar as the claims result from the same contractual relationship.
7. Youth Protection
7.1. The seller sells alcoholic beverages exclusively to persons who have reached the legally required minimum age. By placing the order, the customer confirms to have reached the required minimum age.
8. Retention of Title
The delivered goods remain the property of the seller until full payment has been made.
9. Warranty for Defects and Guarantee
9.1. The warranty is governed by statutory provisions.
9.2. A guarantee exists for the goods delivered by the seller only if it has been expressly given. Customers are informed about the guarantee conditions before initiating the ordering process.
10. Liability
10.1. For the seller's liability for damages, the following exclusions and limitations of liability apply, notwithstanding other statutory claim requirements.
10.2. The seller is liable without limitation insofar as the cause of damage is based on intent or gross negligence.
10.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the contract's purpose, or for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
10.4. The aforementioned limitations of liability do not apply to injury to life, body and health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
10.5. Insofar as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
11. Storage of Contract Text
11.1. The customer can print out the contract text before placing the order by using the print function of their browser in the last step of the order.
11.2. The seller will also send the customer an order confirmation with all order data to the e-mail address provided. With the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the General Terms and Conditions, including the cancellation policy and information on shipping costs, as well as delivery and payment conditions. Furthermore, we store the contract text, but do not make it accessible on the internet.
12. Final Provisions
12.1. The place of jurisdiction and performance is the registered office of the seller, if the customer is a merchant, a legal entity under public law or a special fund under public law.
12.2. The contract language is German.
12.3. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
