Terms of service

The German version of this text is the original and binding; the English version is a machine translation provided for information purposes only.

General Terms and Conditions (AGB) for the Sale of Goods

§ 1 Scope of application

(1) These General Terms and Conditions of Sale (hereinafter: AGB) apply to all contracts concluded via our online shop between us, Wein & Nielsen GmbH, Managing Director Bo Soevsoe Nielsen, Große Bleiche 15, 55116 Mainz, Germany, +49 173 1352 765, kontakt@weinundnielsen.de (hereinafter “Seller” or “we”) and you as our customer (hereinafter “Customer” or “you”). The version of the AGB valid at the time the contract is concluded shall apply.

(2) We do not accept any deviating terms and conditions of the Customer. This also applies if we do not expressly object to their inclusion.

(3) The AGB apply both to consumers within the meaning of § 13 BGB and to entrepreneurs within the meaning of § 14 BGB.

(4) The Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot predominantly be attributed to their commercial or self-employed professional activity. By contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in exercise of their commercial or self-employed professional activity.

§ 2 Conclusion of contract

(1) The presentation and advertising of items in our online shop do not constitute a binding offer to conclude a purchase contract.

(2) You may select products from our range, in particular wine, sparkling wine, and alcoholic beverages, and collect them in a so-called shopping cart by clicking the “Add to cart” button. By clicking the “Order with obligation to pay” button, you submit a binding application to purchase the goods contained in the shopping cart. Before submitting the order, you may change and view the data at any time. However, the application can only be submitted and transmitted if you have accepted these contractual terms by clicking the “Order with obligation to pay” button and thereby included them in your application.

(3) We will then send you an automatic confirmation of receipt by email, in which your order is listed again and which you can print using the “Print” function. The automatic confirmation of receipt merely documents that your order has been received by us and does not constitute acceptance of the application. The contract is only concluded when we issue the declaration of acceptance, which is sent in a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, we will send you the contract text (consisting of the order, AGB, and order confirmation) on a durable medium (email or paper printout) (contract confirmation). The contract text will be stored in compliance with data protection requirements.

(4) We can only consider orders for deliveries abroad from a minimum order value of EUR 100. You can find the minimum order value in the price information provided in our online shop.

(5) The contract is concluded in the German language.

§ 3 Delivery conditions

(1) We are entitled to make partial deliveries to the extent that this is reasonable for you.

(2) Delivery times stated by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance (except in the case of purchase on invoice). Unless no delivery time or no different delivery time is specified for the respective goods in our online shop, it shall be up to 7 working days from the time of collection.

(3) If, at the time of your order, no copies of the product selected by you are available, we will inform you of this without undue delay in the order confirmation. If the product is permanently unavailable, we will refrain from issuing a declaration of acceptance. In this case, no contract is concluded.

(4) If the product designated by you in the order is only temporarily unavailable, we will also inform you of this without undue delay in the order confirmation.

(5) The following delivery restrictions apply: We deliver only to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany and Denmark – other EU countries only upon request.

§ 4 Prices and shipping costs

(1) All prices quoted in our online store are final prices and include statutory VAT in the country of the recipient. In the following countries is excise duty also included:

(a) Denmark („Punktafgift" – SE13462429).

(b) France ("droits d'accise" – EurTax, registration number FR020003V9189, Bureau de douanes de Gennevilliers; plus packaging contribution CITEO, unique ID FR493081_01KQCU).

(d) Italy (registration number IT00POD00001J, Ufficio delle Dogane di Prato e Pistoia).

They do not include shipping costs.

(2) The shipping costs are stated in our price information in our online shop. The price, if applicable including value-added tax (and excise duty pursuant to 4.1) and applicable shipping costs, is also shown in the order form before you submit the order.

(3) If we fulfill your order by means of partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

(4) If you effectively revoke your contractual declaration, you may, under the statutory requirements, demand reimbursement of costs already paid for shipment to you (outbound shipping costs).

(5) The goods are shipped via UPS. If you are a consumer, we bear the shipping risk.

(6) In the event of cancellation of the purchase, you shall bear the direct costs of returning the goods.

§ 5 Payment conditions

(1) In our online shop, you can pay by bank transfer and credit card. Payment on invoice is only possible for existing B2B customers (companies). Payment on invoice is not possible for end consumers.

(2) You may change the payment method stored in your user account at any time.

(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, you will already be in default by missing the deadline. In this case, you must pay us default interest for the year in the amount of 5 percentage points above the base interest rate if you placed the order as a consumer, and in the amount of 9 percentage points above the base interest rate if you placed the order as an entrepreneur.

(4) The obligation to pay default interest does not exclude our assertion of further damages for default.

§ 6 Retention of title

The delivered goods remain our property until full payment of the purchase price has been made.

§ 7 Warranty

(1) We are liable for material defects or defects in title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory warranty claims is two years and begins upon delivery of the goods. If you are an entrepreneur, the warranty period for goods delivered by us is 12 months.

(2) Any seller guarantees granted by us for certain items or manufacturer guarantees granted by the manufacturers of certain items apply in addition to the claims for material defects or defects in title within the meaning of paragraph (1). Details of the scope of such guarantees can be found in the guarantee conditions that may accompany the items.

§ 8 Liability

(1) Claims of the Customer for damages are excluded. Excluded from this are claims of the Customer for damages arising from injury to life, body, or health or from the breach of essential contractual obligations (Kardinalpflichten), as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the Seller, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

(2) In the event of a breach of essential contractual obligations, the Seller shall only be liable for the typical, foreseeable damage if this was caused by simple negligence, unless the Customer’s claims for damages arise from injury to life, body, or health.

(3) The limitations of paragraphs (1) and (2) also apply in favor of the legal representatives and vicarious agents of the Seller if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs (1) and (2) do not apply insofar as the Seller has fraudulently concealed the defect or assumed a guarantee for the quality of the item. The same applies insofar as the Seller and the Customer have reached an agreement on the quality of the item. The provisions of the Produkthaftungsgesetz remain unaffected.

(5) The Seller shall not be liable for typographical errors or incorrect information in the nutritional value and ingredient information unless these are based on an intentional or grossly negligent breach of duty.

§ 9 Data protection

Detailed information on data protection with us, in particular on the scope of the processing of your data and your statutory rights, can be found in our Datenschutzerklärung at: https://weinundnielsen.de/policies/privacy-policy

§ 10 Copyright

We hold copyrights to all images, films, and texts published in our online shop. Any use of the images, films, and texts is not permitted without our express consent.

§ 11 Statutory right of cancellation for consumers

Cancellation Policy

Right of cancellation:

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you, or a third party named by you who is not the carrier, took possession of the goods.

To exercise your right of cancellation, you must inform us, Wein & Nielsen GmbH, GF Bo Soevsoe Nielsen, Große Bleiche 15, 55116 Mainz, Germany, +49 173 1352 765, kontakt@weinundnielsen.de, by means of a clear declaration (e.g. a letter sent by post or an email) of your decision to cancel this contract. You may use the attached model cancellation form for this purpose, but this is not mandatory.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period expires.

Consequences of cancellation

If you cancel this contract, we shall reimburse to you all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from your choosing a type of delivery other than the inexpensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees because of this reimbursement. We may refuse reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract, to the following address: Wein & Nielsen GmbH c/o StepoVino OHG, Eberwiese 2, 63654 Büdingen, Germany. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You only have to pay for any diminished value of the goods if this diminished value is due to handling by you that was not necessary to examine the nature, characteristics, and functioning of the goods (e.g. if they were not stored properly).

The right of cancellation does not exist for the following contracts:

Contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.
Contracts for the supply of goods that can spoil quickly or whose expiration date would quickly be exceeded.
Contracts for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
Contracts for the supply of goods if, after delivery, they have been inseparably mixed with other goods due to their nature.
Contracts for the supply of alcoholic beverages, the price of which was agreed upon at the time the contract was concluded, but which can be delivered no earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the trader has no control.
Contracts for the supply of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
Contracts for the supply of newspapers, periodicals, or magazines, with the exception of subscription contracts.
Contracts for the supply of goods whose price depends on fluctuations in the financial market over which the trader has no control and which may occur within the cancellation period.

Returns are only possible if the wine bottles are unopened and the seal is undamaged. Opened or damaged bottles are excluded from return. We reserve the right to inspect the returned goods and to grant a refund only if the above conditions are met.

Model Cancellation Form:

(If you wish to cancel the contract, please complete this form and return it.)

To Wein & Nielsen GmbH, Große Bleiche 15, 55116 Mainz, Germany.

– I/We () hereby cancel the contract concluded by me/us () for the purchase of the following goods () / the provision of the following service ()

– Ordered on () / received on ()

– Name of consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (only if notification is made on paper)

– Date

(*) Delete as appropriate.

§ 12 European dispute resolution for consumers

We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 13 Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you placed the order as a consumer and, at the time of your order, have your habitual residence in another country, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.

(2) If you are a merchant and have your registered office in Germany or another EU country at the time of the order, the exclusive place of jurisdiction is the Seller’s registered office. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. In place of the invalid points, the statutory provisions shall apply, where available. However, if this would constitute an unreasonable hardship for one of the parties, the contract shall become invalid in its entirety.