Terms and Conditions (T&Cs) (State of May 2015)

Preamble

This website is operated by WEINKOMPLOTT, Wolfgang Endress, Kirchenstr 21, 81675 München under the domain names http://www.weinkomplott.de, http://www.weinkomplott.com and http://www.ungarische-weine.eu (hereinafter referred to as the Online Shop) /Hungarian wines in Germany and in Europe/

§ 1 Area of validity/Scope

(1) Our terms and conditions apply to all purchases at and deliveries from WEINKOMPLOTT in the present version. Actual and valid conditions are considered at the time of your order.
(2) Ordering via Online Shop, by e-mail or phone customers recognize and take a notice of our Terms and Conditions and the Delivery Conditions given below.

§ 2 Contracting parties and protection of minors

(1) As by law enacted prohibited to sell alcohol to young people under the age of 18. Therefore our offers are made only to persons of full age.
(2) WEINKOMPLOTT only concludes contracts with customer of 18 years and older.
(3 With submission of your order you confirm to be 18 years or older the accuracy of the submitted data regarding age, name and address are correct. Furthermore you confirm that the shipment will be accepted by yourself or your appointed agent and take reasonable care to prevent abuse by minors. We reserve the right to request a proof of age before shipping any alcoholic beverages, our forwarders are obligated to ensure the appropriate age of the recipient.

§ 3 Product selection and conclusion of Purchase Contract

(1) Customers have the opportunity to select and order wines vie our Webshop.
(2) Clicking the button you can select wines and put them to the shopping basket. In this way you can collect your selected items in a virtual shopping basket and the total of your purchase will be indicated with 19% VAT as a brutto amount of your order.
(3) You can freely change, check or correct the content of your basket (particularly with regard to the quantity) during the shopping before the closure of your order.
(4) In case of online ordering the purchase contract is concluded in the following cases:
Clicking on the button constitutes your offer to purchase goods as ordered and you bind yourself to buy the content of your compiled basket from the WEINKOMPLOTT. You will immediately receive a confirmation of receipt by e-mail after submitting the order which does not represent a formal order confirmation and thus an acceptance of your offer to purchase. However, this e-mail is not an acceptance of your offer. The purchase contract is only concluded by our formal order confirmation or delivery of the goods. This second confirmation is also sent to you by e-mail. By this letter your whole order will be confirmed updated with the actual shipping costs to your country.
(5) Information requirements
Customers are required to give in true data during the ordering process. If one or some of given personal data of the customer are changed (in particular with regard to the name, address, e-mail address, phone number or bank account number), customer is required to provide updated or changed personal data in the registry part of the Shop before the next order. If the customer fails to full fill this obligation or gives false information in, WEINKOMPLOTT can withdraw or cancel the contract with him. This kind of cancellation is communicated to the customer in written immediately.

§ 4 Volume and packets

If it is not indicated in another way in the Shop, the volume of the wine bottles is 0.75 liters. (They can also be 0,5l, 1,5l etc) A box of wine generally means 6/1 or 12/1-bottle-box, whereas boxes of champagnes are always 6/1.

§ 5 Pricing and taxes

(1) A valid price of a wine you want to buy must be the Shop price at the time of your ordering. The validity of all prices and price lists has expired given before. Listing of products in our online shop does not constitute a binding offer to sell, but an invitation to place an offer to buy, subject to prior sale either online or in our store. Available quantities and prices are confirmed only by receipt of the goods and/or invoice. .
(2) All prices are stated in Euro including German value-added tax (19% VAT) or champagne tax usually per 0,75l bottle of wine (extra shipping costs). (3) However, they do not include any packing or shipping costs. These are always additional costs which are signed to you in the confirmation letter of your order. Further information about delivery costs you can find in the part of the Shop. For deliveries outside of the European Union, the German VAT will be credited and the destination countrys VAT will be charged (billing and shipping address outside of the EU required) as well as applicable customs duties and fees will be charged (shipping address outside of the EU) in our online shop directly in the ordering process. No additional customs clearance and application for VAT refund is necessary/possible. For deliveries outside of Germany, Customs duties, VAT and shipping cost are calculated in our online shop as accurately as possible. Should any assumption or calculation emerge as wrong after ordering, rotWEISSrot reserves the right to correct the calculation. (4) Different prices from prices given in the Shop can be ensured for retailers. These prices are provided upon written request.

§ 6 Payment conditions

The invoice about your order can be sent to you by the second confirmation letter. Your order can always be dispatched after payment, so we only accept advanced payment by bank or by PayPal transfer, depending on your choice. In the case of late payment, you are required to reimburse all costs arised from the delayed payment (particularly with regard to costs of accounting back to the order, use of enforcement agency(ies), lawyers, and the default interest to us. Additional fees apply, please refer to the overview of payment methods.
In case an order paid by advance payment cannot be accepted (e.g. ordered wines have become unavailable, out of stock), we will return the payment immediately.

Data to our bank account:
Deutsche Bank, Bank acc. Nr.: 4342887 00, BLZ: 70070024
IBAN: DE21700700240434288700, BIC: DEUTDEDBMUC

§ 7 Shipping and shipping Costs

(1) Orders will be delivered by the forwarding company (Hermes Logistic Group, DHL or DPD) Longer delivery time due to availability is indicated in our online shop during the ordering process. Packing and shipping cost is depending on order size and destination country. Exact shipping costs are displayed in our online shop and listed in the shipping cost overview. Our Shop reserves the right to charge another shipping agent with the delivery in case of a bigger amount of order. Consignments are dispatched with insurance in every case.
(2) Delivery charges are listed in the part of the Shop.
(3) If a particular delivery date has not been determined by the contracting parties ordered products usually arrive to the customer usually within 3-5 working days (within Germany). Products can be delivered also on Saturday.br> (4) Customers are obliged to accept delivered goods.
(5) If the order does not arrive to you within 5 work days, please informs us about the delay and we immediately ascertain the state of your parcel and report back to you about your consignment.
(6) If specific delivery date has not been stipulated between the parties, in case of problems during the transportation which are not attributable to us, customer is not entitled to revoke the contract with us. In this case WEINKOMPLOTT shall not be liable for any delay in delivery.
(7) In case of apparent damage during transport (glass shards, soaked packing) please have the deliverer document the damage or -in case of obvious total damage- refuse acceptance of the shipment and have the package returned to us. All shipments are insured and any damage will be reimbursed or replaced after return of the damaged goods. (8) If you wish to specify a different delivery address from the given billing address, please let us know during the order process.
(9)Boxes and other applied packing materials cannot be taken back by us. Customer is obliged to destroy the packing material at his own expense.

§ 8 Proprietary rights/ Retention of title

All delivered goods remain property of WEINKOMPLOTT until full payment has been irrevocably received. In case of a contrary conduct of the customer (particularly with regard to payment delays) we have the right to withhold the delivery of ordered goods or already delivered goods can be vindicated.

§ 9 Warranty and Return Guarantee

(1) Our wines have been carefully selected and are procured exclusively from renowned quality producers. Our Company guarantees the good and appropriate quality of the wines. If one does not meet your expectations bottles are not broken and not opened can be taken back, replaced or the value of the goods can be credited within 14 days from the delivery date. This choice has to be processed at your own expense. If you are not satisfied with the quality of your wines, you can also send back the not opened bottles to us, but the quality and the inadequacy of the products has to be proven by us. If products has defaults in fact, WEINKOMPLOTT will reimburse the purchase price and the delivery costs for the customer.
(2) If a product ordered by customer is not in stock and we are unable to fill the gap, customer can choose between revoking the contract and reducing the original purchase price with the value of the missing goods.

Return of goods has to be addressed to
WEINKOMPLOTT – Wolfgang Endress
Kirchnerstr. 21, D-81675 München


§ 10 Cork

Despite all efforts of winemakers and cork manufacturers, it is possible that the wine, due to a defective cork, is damaged. As neither the cork-producers, nor the winemakers are obliged to reimburse our damages accused by the unhealthy cork, we are not able to refund defective bottles. However, in some cases of fair dealing, we are ready to review the bottles in order to achieve customer satisfaction.

§ 11 Data protection and privacy

(1)Occurring data in the sales turnover are stored electronically. Personal datas of customers are strictly confidential and not given to third parties. Only exceptions are our shipping partners. In these cases we forward data according to the law and these are only limited to the minimum necessary, such as the customers names, addresses and where it is appropriate the telephone numbers.
(2)Ordering a product or registering in our Shop as a customer, you agree to transfer and store your personal data in the above mentioned cases.
(3)In accordance with the German Data Protection Act all customers have the right to get information about their stored personal data, to delete or classify them. If you have any question in connection with your personal data or any question would arise, please contact us at the e-mail address info@weinkomplott.com or send your question to us by post.

§ 12 Publication in the Internet

The WEINKOMPLOTT seeks to meet statutory requirements of website providers publishing correct and complete information. However, our company can not guarantee the correctness of the information and the completeness of the contents. We cannot undertake any responsibility for them.

§ 13 Revoke the contract and the right of cancel

Private customers may cancel the order/contract within 14 days starting with the receipt of the goods by any of disclosure (e.g. letter, e-mail, fax specified in Distance Selling Regulations) or by returning the delivery without any reason. If you cancel, you must return the goods at your expense. The cancellation has to be addressed to:

WEINKOMPLOTT - Wolfgang Endress
Kirchenstr. 21
D-81675 München
E-mail: info@weinkomplott.com

In this case we will refund the price paid for the goods incl. delivery charges (within Germany) attributable to the cancelled item. (This right of cancellation does not apply to bottles which have been opened.) You are required to take reasonable care of items. Upon cancellation and receipt of the returned goods, the invoiced prices of the returned goods in original condition will be refunded including 19% VAT and refundable customs duties within 30 (thirty) days of the receipt of the cancellation notice. Goods not in original condition (e.g. damaged, partially used) will be refunded in proportion to the condition. Please note: international shipping costs, fees and non-refundable customs duties will not be refunded.

Consequences of the cancel
In case of an actual cancellation both parties are obligated to settle up with each other. Customer is obliged to return goods safely and completely to the Shop, while the Shop is obliged to reimburse the purchase price to the customer. If the customer is able to return delivered case only partially because of consumption or any another damages, the Shop has the right to deduct the purchase price with the value of the missing or damaged part of the sale and pay back only the rest of the money.

Stand: May 2015