Scope
These General Terms and Conditions (hereinafter “GTC”) of the “Weinaromen Galerie, Marcel Reidock, Inh.” Online Shop (hereinafter “Seller”), apply to all contracts concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller with regard to the goods and/or services presented by the Seller in his online store. The inclusion of the customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these GTC 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 independent professional activity.
Conclusion of contract
The product descriptions contained in the online store of the seller do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
The Customer may submit the offer via the online order form integrated into the Seller’s online store. In doing so, after placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer makes a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer may also submit the offer to the seller by mail, e-mail, fax, telephone.
- The seller may accept the customer’s offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or - by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer’s order has been placed.
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer.
Before binding submission of the order via the online order form of the seller, the customer can continuously correct his entries via the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
Only the German language is available for the conclusion of the contract.
Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is accurate so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
Right of withdrawal
Consumers are generally entitled to a right of withdrawal.
More information on the right of withdrawal can be found in the seller’s cancellation policy.
Prices and terms of payment
Unless otherwise stated in the Seller’s product description, the prices quoted are total prices. Any additional delivery and shipping costs will be indicated separately in the checkout area of the online store.
The customer has several payment options available, which are indicated in the seller’s online store.
If payment in advance has been agreed, payment is due immediately after conclusion of the contract.
If the payment method “Apple Pay” is selected, the payment is processed via the payment service provider
Apple Inc.
One Apple Park Way
Cupertino, CA 95014
UNITED STATES
subject to the Apple Terms of Use, available at:
https://www.apple.com/de/legal/privacy/data/de/apple-pay
If the payment method “in3” is selected, the payment is processed via the payment service provider
Capayable B.V.
Meerenakkerweg 1a
5652 AR Eindhoven
the NETHERLANDS
subject to the in3 Terms of Use, available at:
https://payin3.eu/en/privacy-consumers-en/
If the payment method “Klarna” is selected, the payment is processed via the payment service provider
Klarna Bank AB (publ)
Sveavägen 46
111 34 Stockholm
SWEDEN
subject to the Klarna Terms of Use, available at:
https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy
If the payment method “credit card” is selected, the payment is processed via the payment service provider
Mollie B.V.
Keizersgracht 126
1015 CW Amsterdam
the NETHERLANDS
subject to the Mollie Terms of Use, available at:
https://www.mollie.com/de/privacy
If you select the payment method “PayPal”, the payment will be processed by the payment service provider
PayPal (Europe) S.a.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/privacy-full
If you choose the payment methods iDEAL, Belfius Pay, KBC/CBC or Bancontact, the terms and conditions of the respective credit institution with which you maintain your account apply.
Delivery and shipping conditions
The delivery of goods is made by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.
If the carrier returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered service, unless the seller had given him reasonable prior notice of the service.
The goods can not be collected on site.
Delivery is made only within the countries available for selection in the store. (Austria, Belgium, France, Germany, Luxembourg, Netherlands)
Retention of title
If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
Liability for defects
If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
The customer is requested to complain about delivered goods with obvious transport damage to the delivery person and to inform the seller about it. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.
Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
Jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller.
If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller’s registered office shall be 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 activity.
In the aforementioned cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer’s place of business.
Alternative dispute resolution pursuant to Art. 14 para. 1 ODR Regulation and § 36 VSBG
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.
