General terms & conditions

General terms and conditions of FineWineSelect

§1 Validity against companies and terminologies

(1) At the time of order, the following General Terms and Conditions are valid for all deliveries between us and a consumer.

(2) “Consumer” in the sense of these terms of business is each natural person, who concludes a legal business which can not be assigned to his professional or self-employed activity.
 

§2 Conclusion of a contract, Memorization of the contractual text

(1)  The following regulations concerning the conclusion of the contract are valid for all orders which will be made in our internet shop http://www.finewineselect.com.


(2) In the case of a conclusion of a contract, the contract will be concluded with


FineWineSelect UG (haftungsbeschränkt)
Niederkircher Straße 26, 54294 Trier


(3) The presentation of the goods in our internet shop is not a legal binding contractual offer; it is only a nonbinding demand to order goods. The order of desired goods is a binding offer from the consumer in order to conclude a contractual contract.

(4) In the case of a receipt of order the following regulations are valid. The consumer submits a binding quote, by executing the foreseen order procedure in our internet shop.

The order will be made by following steps:

1) Selection of the desired goods
2) Confirmation by clicking of the button “order” 
3) Data control in the shopping basket
4) Confirmation of the button “To the cash box” 
5) Application in the internet shop after registration and input of the registration data (email address and password) ). 
6) Retrial or correction of the appropriate given data
7) Binding sending of the order.

Before the sending of a binding order, the consumer will have the possibility to go back to the internet page on which the data of the customer will be collected in order to correct type errors or to stop the order process. The receipt of order will be confirmed immediately by an automatically generated email (“order confirmation”). With this email, the offer will be accepted by us. .

(5) Memorization of the contractual text during orders via our internet shop: We will memorize the contractual text. You will obtain the ordered data and/or the General Terms of Conditions via email. Additionally it is possible to read the General Terms and Conditions at any time under www.finewineselect.com/agb. Previous made orders can be seen in our customer area under “my account -à my orders.
 

§3 Prices, Delivery costs, Payment, Due date

(1) The given prices are containing the legal VAT of 19 % and other price components. Delivery costs are excluded.
For some wines we do not charge the german VAT of 19 %, because we use the german law UStG § 25 a. That means, we bought this wine by a private person.


(2) The consumer has the possibility to pay against payment in advance, via credit card (VISA, Amex, MasterCard), due to PayPal and by bank transfer via Sofortbanking.

(3) In the case of payment in advances, the customer is obliged to pay immediately after conclusion of the contract. 
 

§4 Delivery

(1)  If there are no other information in the product description, the delivery of the offered goods will be made within 2 – 3 working days.

(2) If the consumer selects payment in advance, the goods will not be delivered before the receipt of payment.

(3) In the case of delivery in non-EU-countries, you have to pay additional fees and taxes and custom duties.
 

§5 Defects

The delivery man must be informed immediately concerning noticeable damages of the packaging in which the goods are delivered. In this case, the acceptance of the delivery can be refused and it is very important to inform us immediately by phone (+49 (0) 151/70023690). 

Unfortunately it is not possible to replace corky wine in the e-commerce; because this is a natural product on which we have no influence. In the case of an adulterated wine, we will deliver an equivalent replacement.
 

§6 Reservation of proprietary rights

We reserve us the proprietary of the goods up to the complete payment of the purchasing price.


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§7 Right of withdrawal

Information of cancellation

You have the right to cancel this contractual declaration within 14 days without any reasons in written form (e. g. by letter, by fax or by email) – or if you already obtained the ordered goods before the expired date – by returning of the goods. The delay begins after receipt of this information in written form but not before entry of the goods at the receiver (in the case of recurring delivery of similar goods not before entry of the first delivery) and not before settlement of our information obligation according article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB as well as our obligations according § 312g paragraph 1 sentence 1 BGB in connection with article 246 § 3 EGBGB.

In order to respect the revocation period it is sufficient to send the cancellation or the goods punctually.


Please send the cancellation to:


FineWineSelect UG (haftungsbeschränkt)
Niederkircher Straße 26, 54294 Trier
E-Mail: finewineselect@hotmail.de


Consequences of the cancellation

In the case of an effective cancellation, the both sided achievements must be given back. If it is not possible to give back the received achievements or only in a deteriorated condition, you have to pay compensation. You have to pay compensation for the deterioration of a product, if the deterioration is reason due to the use of the product, which can not be controlled. The control of the quality and the function means the testing of the appropriate goods, as it is possible into a shop. If it is possible to return the goods in a packet, it has to be made on our risk. You have to pay the costs of the returning. If it will be not possible to return the goods in a packet, the goods will be picked up. Obligations in order to compensate payments must be fulfilled within 30 days. For you, the delay begins with the sending of the cancelation declaration or with the returning of the goods; for us it begins with their receipt. .

End of the information of cancellation

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§8 Contractual regulation concerning the returning costs in the case of cancelation

In the case you cancel the contract, the following regulation in connection with § 357 paragraph 2 BGB is valid. You have to pay the costs for the reshipment if the goods do not correspond to the ordered goods and when the price of the returning goods is not higher than 40 Euros or if you did not pay the goods at the time of cancellation. Otherwise the cancellation is gratis for you.
 

§9 Language of the contract

The languages of the contract are German, English and French.
 

§10 Youth protection

FineWineSelect concludes purchasing contracts which are containing the selling of wine only with people who are elder than 16 years. Due to the accordance of the General Terms and Conditions, the customer confirms that he is elder than 16 years.


§11 Severability clause

If several determinations are partially or totally invalid or if some determinations will loose their validity, the rest of the contract will stay valid.

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