Disclaimer & Genereal Terms and Conditions
Revoking the Contract
- 1 Right of withdrawal
You may revoke your contract acceptance within four weeks in written form (e.g. letter, fax, e-mail) without stating any reason or by returning the item. The time limit begins after receipt of this instruction in writing, but not before receipt of the goods by the recipient. The deadline is kept if the declaration of revocation or the item is dispatched on time.
The declaration of revocation has to be sent to:
Weingalerie - Weine aus PORTugal
Karsten Kubin & R. Lindenblatt GbR
- 2 Consequences of a revocation of your contract declaration
In the event of an effective revocation, the goods provided and services rendered by either party shall be returned, together with any benefits obtained therefrom (e.g. interest earned). If you are not able to return the goods or services in their entirety, only partially or only in a degraded condition, you will have to compensate us for any damages incurred, as and where applicable. If goods were made available to you, this shall not apply if the degradation in their condition resulted only from reasonable axamination for suitability - as would have been possible in a shop, for example. In addition, you are able to avoid the duty to replace the merchandise if you do not tret the product as if it was your property and cause anything that reduces its value.
The goods must be made ready for sending as a package (parcel) and then returned at our risk. You have to bear the cost of returning the goods if the delivered goods were as ordered and if the price of the goods to be returned does not exceed the sum of 40 EUR or, if the price was higher, you have not yet remitted the payment or a contractually agreed partial payment at the time of revocation. Otherwise the return will be free of charge for you. Items that cannot be shipped in parcels will be picked up at your address. Obligations regarding the reimbursement of payments must be met within 30 days. The reimbursement period for you begins with transmission of your revocation notice or the goods, for us with receipt of the same.
End of Disclaimer
General Terms and Conditions
Weingalerie - Weine aus PORTugal / OnlineShop
- 1 General, area of application
- The following general trading conditions (AGB) regulate the contractual relation between Weingalerie - Weine aus PORTugal/OnlineShop and the legal persons that use the internet offer from Weingalerie - Weine aus PORTugal/OnlineShop (hereafter known as the "buyer"). The AGB concerns the use of the websites portwine.de, weineausportugal.de and .com as well as all to these domains' sub-domains. In each case the version as amended at the time the contract is entered into shall prevail. The contract language is German. If there are any discrepancies between this version and the German version, the German version shall be taken as correct.
- 2 Conclusion of contract(1) The offers of Weingalerie - Weine aus PORTugal/OnlineShop on the Internet represent a non-binding offer to the buyer to order gooods from the Weingalerie - Weine aus PORTugal/OnlineShop.
- (2) By ordering the desired purchase goods on the Internet the buyer will give a binding offer to conclude a purchase contract.
- (3) Weingalerie - Weine aus PORTugal/OnlineShop is entitled to accept this offer within 5 days and agrees to it by sending an order confirmation. The order confirmation is transmitted by e-mail. The offer is void after the period of time referred to above has expired.
- 3 Payment, payment date, delayed payment
- (1)The payment of the goods must be made in advance, cash on delivery (plus 6.50 EUR COD charge), credit card or direct debit. The payment cash on delivery is only for shipping within Germany. we reserve the right to accept or exclude certain payment methods in individual cases.
- (2) For advance payments, the buyer agrees to immediately pay the purchase price after closing the contract. When paying cash on delivery the buyer is committed to paying the purchase price upon delivery of the goods. When paying for sale on invoice by the buyer, the invoice amount is payable within 14 days after receipt of the goods. When paying by direct debit, the debit will take place within 17 days after contract con clusion. When paying by credit card, the debit will take place before despatch of the goods.
- (3) In case of late payment, the buyer is liable for any negligence. The buyer is also liable for any faults in case of accidents, unless the fault would also have occurred in the case of punctual payment.
- (4) The purchasing price will be interest-bearing over the period of delayed payment. The interest rate for the year amounts to five percentage points above the base lending rate.
- (5) The assertion of further damage is not excluded.
- 4 Delivery
- (1) The delivery is carried out by sending the object of purchase to the address specified by the buyer. As far as delivery against advance payment has been agreed upon, the delivery time amounts to 2 - 5 working days upon receipt of the purchase price. Otherwise, the delivery time amounts to 2 - 5 working days upon sending of the confirmation order.
- (2) The costs of shipping within Germany for orders up to 94.99 EUR is 5 EUR ( for orders over 95 EUR, shipping is free) and are to be paid for by the buyer. In case of international shipments, the rate for shipping and handling will be charged by weight, unless otherwise stated. If the buyer requires a special type of shipment (express, Saturday delivery, etc.) which results higher costs, the buyer will be responsible for these additional charges.
- 5 Retention of title
- The object of purchase remains the property of Weingalerie - Weine aus PORTugal/OnlineShop until full payment has been received. Before transfer of ownership, the buyer is not entitled to pledge, assign as security, process or redesign the item without explicit consent from Weingalerie - Weine aus PORTugal/IOnlineShop.
- 6 Price
The price of the object of purchase in the respective offer is the final price, including possible value-added tax or other arising price components. The price does not include costs of shipping and handling.
- 7 Rescission
- Weingalerie - Weine aus PORTugal/OnlineShop is entitled to rescind the contract with respect to partially outstanding payment or delivery if the buyer has made false statements about his credit status or if objective reasons considering the buyer's inability to pay have emerged - e.g. the opening of an insolvency proceeding of the buyer's estate or the dismissal of such proceeding for lack of cost-effective estate. Before rescission, the buyer is granted the option of despoting a down payment or providing a security.
- Irrespective of possible indemnity claims, partial performances already made are to be billed and paid for according to contract in case of a partial rescission.
- 8 Protection of Minors
- We do not sell beverages to persond under 18 years old. By entering the date of birth in the purchase order form and the acknowledgement of these terms and conditions the buyer insures that he or she is at least 18 years old.
- 9 Limitation of Liability
- Other than claims for damages which relate to loss of life, body and health damage Weingalerie - Weine aus PORTugal/OnlineShop is only liable to the extent that these damages based on intentional or grossly negligent conduct, or culpable wiolation of a principle contractual obligation by Weingalerie - Weine aus PORTugal/OnlineShop or its agents. Principle contractual obligations are obligations which fulfil the adequate and orderly implementation of the contract, which the customer may continuously rely on. Any further liabilities for damages are excluded. Claims concerning warranties given by Weingalerie - Weine aus PORTugal/OnlineShop for the quality of goods and the Product Liability Act remain unaffected.
- Under the current state of technology, it can be not guaranteed that the data over the Internet is not error-free and / or available at all times. We are therefore not liable for the availability of our Internet shop.
- 10 Choice of Law
All disputes from this legal relationship are governed by the law of the Federal Republic of Germany. For customers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country the customer normally resides in. The United Nations Conventions on Contracts for the International Sale of Goods (CISG) do not apply.
11 Severability clause
If any provisions of these general terms and conditions are or become invalid or unenforceable, this will not effect the validity of the other provisions unless the elimination of individual provisions discriminates either contract party, to such an unacceptable extent that the adherence to the contract becomes unaccetable.
End of General Terms and Conditions