Terms and Conditions with customer informations
(The following terms and conditions also contain legal information about your rights under the Distance Selling and Electronic Commerce Regulations.)
- Offers and service descriptions
- Ordering and Contracting
- Prices and shipping costs
- of Costs
- Delivery and product availability
- payment methods
- Retention of title
- Passing the Risk & amp; Warranty
- Storage of the contract text
- Severability clause
- Jurisdiction, Applicable Law, Contractual Language
1.1. For the business relationship between We love Champagne GmbH, Buowaldstrasse 70a, 70619 Stuttgart (hereinafter referred to as “Seller”) and the Customer (hereinafter referred to as “Customer”), the following General Terms and Conditions apply in their version valid at the time of the order.
1.2. You can reach our customer service for questions, complaints and objections by calling +49 (0) 179/19001999 or by e-mail at firstname.lastname@example.org.
1.3. Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can be attributed predominantly neither their commercial nor their independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer are not recognized, unless the seller expressly agrees to their validity.
- Offers and Services
2.1. The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Service descriptions in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.
2.2. All offers are valid “as long as stocks last”, unless otherwise noted in the products. For the rest, errors remain reserved.
- Ordering and Contracting
3.1. The customer can select products from the assortment of the seller without obligation and collect them via the button [to the shopping cart] in a so-called shopping cart. Afterwards, the customer can use the [Continue to checkout] button within the shopping cart to complete the ordering process.
3.2. By clicking on the button [Order for payment], the customer makes a binding request to buy the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. Necessary 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 customer’s order is listed again and which the customer can print out via the “Print” function (order confirmation). The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the request. The purchase contract is only concluded when the seller ships the ordered product to the customer within 5 days, or hand over the shipment confirmed the customer within 5 days with a second e-mail, express order confirmation or sending the invoice.
3.4. If the seller allows a prepayment, the contract comes about with the provision of bank details and payment request. If, despite the due date, the payment has not been received by the seller even after renewed request until 10 calendar days after sending the order confirmation, the seller withdraws from the contract with the result that the order is invalid and the seller has no obligation to deliver. The order is then done for the buyer and seller without further consequences. A reservation of the article in advance payments is therefore for a maximum of 10 calendar days.
3.5 The seller informs the customer that the distribution of alcoholic beverages to children and adolescents is prohibited. By submitting your order, the customer confirms that he has reached the legal minimum age required for the purchase. The customer undertakes to ensure that only he or one of his authorized persons, the adult, accepts the goods.
- Prices and Returns
4.1. All prices stated on the website of the seller are inclusive of the applicable statutory sales tax.
4.2. In addition to the prices quoted, the seller charges shipping for the delivery. The shipping costs will be clearly communicated to the buyer on the separate information page ” shipping ” and as part of the ordering process.
- of Costs
5.1. The seller bears the cost of returning the goods.
- Delivery and Product Availability
6.1. As far as advance payment has been agreed, delivery will take place after receipt of the invoice amount.
6.2. If the delivery of the goods fails due to the fault of the buyer despite three attempts to deliver, the seller can withdraw from the contract. Possibly. Payments made are reimbursed to the customer immediately.
6.3. If the ordered product is not available because the seller of this product is not supplied by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose 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 reimburse the customer for any consideration already provided.
6.4. Customers are notified of delivery times and delivery restrictions (such as restrictions on deliveries to certain countries) on a separate information page or within the relevant product description.
- Payment methods
7.1. The customer can choose from the available payment methods within and before the order process. Customers will be notified of the funds available on the separate ” Forms of Payment ” information page.
7.2. If payment by invoice is possible, the payment must be made within 7 days after receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
7.3. If third-party providers are charged with payment processing, e.g. Paypal or Amazon Payment are subject to their terms and conditions.
7.4. If the due date of the payment is determined according to the calendar, the customer is already in default by default of the appointment. In this case, the customer has to pay the statutory default interest.
7.5. The obligation of the customer to pay default interest does not exclude the assertion of further damages by the seller.
7.6. If the customer is in default of payment, a lump sum of 5 EURO will be charged for each reminder. The customer is allowed to prove that the damage was less than this lump sum or that no damage was caused.
7.7. The customer is only entitled to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
- Retention of title
Until full payment, the delivered goods remain the property of the seller.
- Passing the Risk & amp; warranty
9.1. Unless otherwise agreed in writing, the delivery time is two to five working days after receipt of the shipping confirmation. For delays that are not the responsibility of the seller, the seller assumes no liability.
9.2. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to the customer with the handover on dispatch purchase with the delivery of the goods to the freight forwarder, the carrier or the person otherwise intended to carry out the shipment.
9.3. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold, even in the case of dispatch purchase only with the transfer of the goods to the customer. The transfer is the same if the customer is in default of acceptance.
9.4. We deliver online orders only in the shipping route. A pickup of the goods is only possible after prior consultation and the approval of the seller.
9.5. We do not deliver to packing stations.
9.6. If there is a defect in the goods, the customer may, at his discretion, demand the removal of the defect or the delivery of a defect-free product.
9.7. If a subsequent performance can not be carried out, the customer is optionally entitled to withdraw from the contract or to reduce the purchase price.
9.8. If the customer is an entrepreneur, he is obliged to notify the seller of any defects (eg transport damage) in writing immediately upon receipt of the goods. Otherwise the assertion of warranty claims is excluded.
9.9. If goods are delivered with obvious transport damage, so the seller asks the customer such errors immediately to complain to the deliverer, and as soon as possible to contact the seller.
9.10. The failure to complain or contact the legal warranty rights of the customer has no consequences. However, they help the seller to assert his own claims against the carrier (eg DHL, DPD etc.) or the transport insurance.
11.9. The seller shall be liable in accordance with the statutory provisions, provided that the customer asserts claims for damages based on intent and gross negligence of the seller, his representatives or vicarious agents. Insofar as the seller is not accused of intentional or grossly negligent breach of contract and no liability for the injury of life or limb is in question, the liability is limited to the foreseeable damage.
12.9. Unless otherwise stipulated above, liability is otherwise excluded. In particular, the liability for claims for damages of the customer from the obligation in contract negotiations is excluded. In particular, the seller is not liable for lost profits, lost savings and other indirect and / or consequential damages.
13.9. For defects or defects of the contents of the bottle – such as: cork damage – unfortunately – in accordance with the international conditions – no liability can be assumed, since this is not accepted by the supplier.
- Save the contract text
10.1. The customer can print the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, the customer also receives a copy of the terms and conditions together with the cancellation policy and the information about shipping costs and delivery and payment conditions. If you have registered in our shop, you can see your order placed in your profile area. In addition, we save the contract text, but do not make it accessible on the internet.
11.1. The seller processes personal data of the customer earmarked and according to the legal regulations.
11.2. The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment details) are used by the seller for the performance and execution of the contract. This information will be kept confidential and will not be shared with third parties who are not involved in the ordering, delivery and payment process.
11.3. The customer has the right, upon request, to receive free information about the personal data stored by the seller about him. In addition, he has the right to correct inaccurate data, blocking and deletion of his personal data, as far as there is no legal duty of retention.
- Severability clause
12.1 The ineffectiveness of any provision of these Terms and Conditions shall not affect the validity of the remaining provisions.
- Jurisdiction, applicable law, contract language
13.1. Jurisdiction and place of performance is the seat of the seller, if the customer is a merchant, a legal entity under public law or a special fund under public law.
13.2. Contract language is German.
13.3. European Commission Consumer Online Dispute Resolution (OS) platform: https://ec.europa.eu/consumers/odr/ < /a>.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.