General Terms and Conditions of Business

The following GTC also contain legal information on your rights in electronic business transactions and mandatory information for consumers.

§ 1 Definitions

§ 2 Scope of GTC for entrepreneurs

§ 3 Retention of title

§ 4 Warranty

§ 5 Damage in transit

§ 6 Data protection

§ 7 Applicable law

§ 8 Place of jurisdiction

§ 9 Consumer information and information in electronic business transactions

  1. Contract language
  2. Conclusion of contract
  3. Correction of input errors before sending the order
  4. Storage of the contract text
  5. Payment details
  6. Details regarding the delivery
  7. Prices and shipping costs
  8. Customs and import duties for deliveries to third countries
  9. Information on warranty conditions and guarantees
  10. Right of withdrawal for consumers
  11. Address for summons
  12. Online dispute resolution

§ 1 Definitions

(1) If special rights and obligations are agreed in these GTC only for consumers according to § 13 BGB or only for entrepreneurs according to § 14 BGB, the following definitions apply:

(2) A consumer is any natural person who enters into a legal transaction for purposes which cannot, for the most part, be attributed to his commercial or self-employed activity.

(3) An entrepreneur within the meaning of § 14 BGB is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity. A partnership with legal capacity is a partnership with the ability to acquire rights and enter into liabilities.

§ 2 Scope of GTC for entrepreneurs

(1) If the buyer is an entrepreneur within the meaning of § 14 BGB (see § 1 para. 3 of the GTC), these GTC apply exclusively. The buyer's general terms and conditions shall only apply insofar as the seller has expressly agreed to them in writing prior to the conclusion of the respective contract.

(2) If the purchaser is an entrepreneur within the meaning of § 14 BGB (see § 1 para. 3 of the General Terms and Conditions), these General Terms and Conditions shall also apply to all future transactions between the contracting parties.

§ 3 Retention of title

The ordered goods remain the property of the seller until full payment has been received. Prior to transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the express consent of the seller.

§ 4 Warranty

(1) Ist der Käufer Verbraucher im Sinne des § 13 BGB (siehe § 1 Abs. 2 der AGB), so stehen ihm die gesetzlichen Gewährleistungsrechte zu. Die Gewährleistungsfrist beträgt dabei 24 Monate ab der Ablieferung der Sache beim Käufer.

(2) Ist der Käufer Unternehmer im Sinne des § 14 BGB (siehe § 1 Abs. 3 der AGB), so beträgt die Gewährleistungsfrist für neue Sachen ein Jahr ab Ablieferung der Sache. Für gebrauchte Sachen wird gegenüber einem Unternehmer keine Gewährleistung übernommen. Ansprüche auf Schadensersatz sind hiervon ausgenommen. Diese richten sich nach den gesetzlichen Regelungen.

(3) Ist der Käufer Unternehmer im Sinne von § 14 BGB (siehe § 1 Abs. 3 der AGB) stehen ihm Gewährleistungsansprüche wegen bestehender Transportschäden nur zu, wenn er seiner Untersuchungs- und Anzeigepflicht gemäß § 5 Absatz 4 dieser AGB nachgekommen ist.

§ 5 Damage in transit

(1) If the buyer is a consumer (see § 1 para. 2 of the GTC), we ask that goods with obvious damage to the packaging or content be complained to the freight service or that acceptance be refused. In this case, we also ask the buyer to contact us immediately by e-mail, fax or post.

(2) If hidden defects are discovered, we also request immediate notification.

(3) A shortening of warranty rights, revocation rights and limitation periods is not connected with the above regulations.

(4) If the buyer is an entrepreneur within the meaning of § 14 BGB (see § 1 para. 3 of the GTC), he must inspect the goods for transport damage immediately after receipt. Notifiable transport damage must be reported to the seller in writing without delay. The buyer must have packaging damage confirmed in writing by the transport company upon acceptance of the goods. If such a defect is discovered later, notification must be made immediately after discovery.

§ 6 Data protection

(1) All personal data required for the execution of the order, i.e. name, address, e-mail address, payment data, fax and telephone number if applicable, are stored and processed by us in compliance with the relevant legal regulations (in particular the European data protection guidelines, the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). We need this data for billing, delivery and invoicing. With this data your orders can be processed and executed and you can be kept up to date.

(2) We do not pass on personal data to third parties without the express and revocable consent of the purchaser or express legal authority or legal obligation. A legal authority to pass on your personal data to third parties exists for the passing on of your personal data to our service partners who require the transfer of data for order processing (e.g. the bank institute commissioned with the payment or the shipping company commissioned with the delivery). In these cases, however, the scope of the transmitted data is limited to the necessary data.

(3) The buyer has a right to free information, correction, blocking and/or deletion of the stored data at any time. Please send us your request by e-mail, post or fax. You will find the corresponding contact data in the provider identification.

(4) With complete processing of the contract and complete payment of the purchase price, your data will be deleted after expiry of the tax and commercial law regulations.

§ 7 Applicable law

All disputes arising from this legal relationship are subject to the law of the Federal Republic of Germany with the exception of its conflict of laws provisions. For consumers (see § 1 para. 2 of the GTC) this choice of law applies only insofar as mandatory provisions of the law of the country in which the consumer has his habitual residence do not conflict with the provisions of these GTC. The validity of the UN Convention on Contracts for the International Sale of Goods is excluded.

§ 8 Place of jurisdiction

For disputes arising from or in connection with the delivery of the goods and/or these General Terms and Conditions, the courts at the Seller's registered office shall have exclusive jurisdiction if the customer is a merchant or a legal entity under public law or a special fund under public law or if the customer has no permanent domicile in Germany, the customer has moved his domicile or usual place of residence abroad after these General Terms and Conditions have become effective or if the customer's domicile or usual place of residence is unknown at the time the action is filed.

§ 9 Consumer information and information in electronic business transactions

1. Contract language

The contract language is German. The General Terms and Conditions written in German shall apply. Translations into other languages, which can be called up in the online shop, serve only for non-binding information.

2. Conclusion of contract and technical steps leading to conclusion of contract

(a) The product presentations in the online shop are not binding offers of the seller but merely represent an invitation of the seller to the buyer to submit a purchase offer to the seller himself.

(b) If the buyer places a product in the shopping basket, he will go through an ordering process in the seller's online shop before submitting a binding offer. Here the buyer must select his invoice and delivery address, his desired method of payment as well as the mode of dispatch. Only after sending off the online order by clicking on the binding order button "order subject to payment", the buyer submits a binding offer for the ordered goods at the price stated in the order overview.

(c) The buyer's offer is accepted at the time of confirmation of the payment order to your bank when selecting the "prepayment" payment method. With the confirmation of the payment order to your bank, the contract with the seller comes into effect.

(d) The buyer's offer is accepted when selecting the "PayPal" payment method at the time of confirmation of the payment order to PayPal. With the confirmation of the payment order to PayPal, the contract with the seller comes into effect.

(e) The buyer's offer is accepted when selecting the "credit card" payment method at the time of the credit card charge, which occurs immediately after the credit card data has been sent by the buyer. The contract with the seller comes into effect when your credit card is debited.

(f) The Buyer's offer is accepted when selecting the "direct debit" payment method at the time of debiting the account, which takes place immediately after the account data has been sent by the Buyer. When your account is debited, the contract with the seller comes into effect.

(g) If the buyer selects "purchase on account" as the payment method in the order process, the buyer's offer is accepted at the time of confirmation of the payment order to PayPal. With the confirmation of the payment order by the buyer to PayPal, the contract with the seller comes into effect.

(h) The buyer can also request a non-binding offer from the seller by telephone, fax or e-mail. In this case the seller will send the buyer a binding offer including the required information within 7 working days after telephone inquiry and/or sending the inquiry by fax/e-mail or letter, whereby it depends on the receipt of the offer with the buyer to keep the deadline. The buyer can then accept the offer of the seller within 7 working days after receipt of the offer again by telephone, fax, e-mail or letter, whereby it is sufficient to the keeping of the period that the buyer sends the fax, the e-mail or the letter within the period or accepts the offer of the seller within the period by telephone opposite the seller. If the buyer does not accept the seller's offer by telephone within the aforementioned period or does not send his declaration of acceptance by e-mail, fax or letter within the period, the seller's offer is deemed rejected and the contract is not concluded. In this case, the seller is also no longer bound to his offer.

3. Correction of input errors before sending the order

You can check your order on a separate page before the final shipment. You can then correct input errors by clicking the "Back" button of your Internet browser on the previous page.

4. Storage of the contract text

The text of the contract is stored on the internal systems of the seller. The order data and the general terms and conditions will be sent to the buyer by e-mail in text form at the latest immediately after conclusion of the contract. After completion of the order, the contract text is no longer accessible to the buyer via the Internet for security reasons.

5. Payment details

(a) Payment of the purchase price is made through the payment options offered in the order process.

(b) Payment by instalments requires prior consultation/agreement with the seller.

(c) In case of default of payment, the seller is entitled to withdraw from the contract after expiry of a reasonable period for performance.

6. Delivery details

(a) Unless otherwise agreed before conclusion of the contract, delivery of the goods shall generally take place by sending the goods to the address specified by the purchaser within Germany or to the countries selectable during the ordering process. Deliveries to other countries are excluded.

(b) Please note that our goods, which are subject to the regulations for the protection of minors (e.g. alcoholic beverages etc.) may only be delivered to the following persons, who must identify themselves with an identity card upon delivery:

- Spirits, spirits-containing beverages or foodstuffs containing spirits not only in small quantities, as well as alcoholic sweet beverages within the meaning of § 1 paras. 2 and 3 of the Alkopopop Tax Act (Alkopops) may not be sold to persons under 18 years of age.

- Other alcoholic beverages may not be sold to children and young people under the age of 16.

The goods, which are subject to the regulations for the protection of minors, are marked accordingly in the online shop of the seller.

(c) The maximum delivery period within Germany for prepayment (e.g. bank transfer, Paypal etc.) is 10 working days (except Sundays and public holidays) after the payment order has been placed with the transferring bank by the buyer. If cash on delivery or purchase on account is offered, the maximum delivery period is 10 working days (except Sundays and public holidays) after conclusion of contract.

(d) The maximum delivery time to the other countries selectable during the order process is 14 working days within Europe for prepayment (e.g. bank transfer, Paypal, etc.) and 21 working days outside Europe (except Sundays and holidays) after the payment order has been placed with the transferring bank by the buyer. If cash on delivery or purchase on account is offered, the maximum delivery period is 14 working days within Europe and 21 working days outside Europe (except Sundays and public holidays) after conclusion of contract.

(e) Delivery periods for custom-made products shall be agreed separately with the purchaser.

(f) Due to circumstances for which the seller is not responsible, such as force majeure, operational disruptions, etc., the delivery of the goods may be delayed. The seller will inform the buyer immediately. The rights of the buyer remain unaffected by this, in particular the buyer is entitled to withdraw from the contract after setting a reasonable period of grace.

(g) If delivery is impossible for reasons for which the Seller is not responsible, the claim for delivery is excluded. In the event that the performance cannot be fulfilled, the seller undertakes to inform the purchaser immediately of the impediments to performance and to reimburse payments already made without delay.

(h) We point out that the seller bears the risk of loss or damage to the goods in transit, irrespective of transport insurance, provided that the buyer is a consumer within the meaning of § 13 BGB (German Civil Code) (see § 1 Paragraph 2 of the GTC).

(i) In the choice of the carrier the seller is free.

7. Prices and Shipping Costs

(a) The prices stated in the respective offers include the statutory value added tax (unless it is a separate account access for entrepreneurs) as well as other price components (total price) plus the separately stated shipping costs.

(b) The separately indicated shipping costs apply to shipping within Germany and to the other countries selectable at the time of ordering. The buyer will be clearly informed of the shipping costs before submitting his contract declaration.

8. Customs and import duties for deliveries to countries outside the EU

Please note that for deliveries to countries outside the European Union (third countries), additional customs duties or taxes may apply as soon as the purchased goods have reached the third country. These additional customs duties or taxes shall be borne by the buyer. The seller has no influence on these fees and cannot predict the amount, as customs regulations vary considerably from country to country. For deliveries to a third country, we recommend that the buyer inquire about possible customs duties or local taxes at the customs office responsible for the third country.

9. Information about warranty conditions and guarantees

(a) Information about the warranty conditions can be found in § 4 of the GTC.

(b) If the seller grants an additional voluntary warranty, the statutory warranty rights of the buyer are not limited by this. The warranty applies in addition to the statutory warranty rights, whereby the content of the warranty and all essential information required for its assertion to the seller can be found in the respective warranty declaration.

10. Right of withdrawal for consumers

If you conclude a legal transaction for a purpose which can predominantly neither be attributed to your commercial nor your independent professional activity (consumer in the sense of § 13 BGB), you have the following right of withdrawal:

Instruction on right of withdrawal

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party you have designated, who is not the carrier, took or has taken possession of the last goods.

To exercise your right of withdrawal, you must inform us Maitre Gastronomie Ltd, Hindenburgstr. 25A, D-32760 Detmold, phone: 05231/303092, e-mail: service@vinobucks.de by means of a clear statement (e.g. a letter sent by post, fax or e-mail) about your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

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

Consequences of the withdrawal

If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a delivery method other than the cheapest standard delivery offered by us) immediately and at the latest within 14 days from the day we receive notice of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund.

We may refuse to refund until we have received the goods back or until you can prove that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us, Maitre Gastronomie Ltd, Hindenburgstr. 25A, D-32760 Detmold, immediately and in any case within fourteen days of the day on which you inform us of the revocation of this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day deadline.

You bear the immediate costs of returning the goods.

You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for checking the nature, properties and functioning of the goods.

Exclusion or premature expiry of the right of withdrawal

The right of withdrawal does not apply to contracts:

- for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded,
- for the supply of alcoholic beverages, the price of which was agreed when the contract was concluded but which can be delivered at the earliest 30 days after conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence.

The right of withdrawal expires prematurely for contracts:

- for the delivery of sealed goods which, for health or hygiene reasons, are not suitable for return if their sealing has been removed after delivery,
- for the delivery of goods, if these were inseparably mixed with other goods due to their nature after delivery.

11. Address for summons

Maitre Gastronomie Ltd.
Hindenburgstr. 25A
D-32760 Detmold
Germany
Legal representative: Michaela Sieker (Director)

12. Online dispute resolution

The European Commission is providing a platform for dispute resolution (OS platform) with eCommerce merchants. This OS platform is available at the following link: https://ec.europa.eu/consumers/odr/

Effective date of this GTC: 20.08.2018