Terms of service
(This is a translation of the original document in German. In case of doubt, the German original applies.)
1. SCOPE OF APPLICATION
The following terms and conditions apply to all orders placed via our online shop. Our online shop is aimed exclusively at consumers.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, is acting in the exercise of its commercial or independent professional activity.
2. CONTRACTUAL PARTNER, CONCLUSION OF CONTRACT, CORRECTION OPTIONS
The purchase contract is concluded with Ernst Fine Wine GmbH .
By placing the products in the online shop, we submit a binding offer to conclude a contract for these items. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
The language(s) available for the conclusion of the contract: German, English
The text of the contract is not stored by us.
4. TERMS OF DELIVERY
Shipping costs may be incurred in addition to the stated product prices. You can find out more about any shipping costs in the offers.
We only deliver by dispatch. Unfortunately, it is not possible to collect the goods yourself.
5. PAYMENT
The following payment methods are available in our shop:
PayPal, PayPal Express
During the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment instruction to PayPal.
If you have selected the PayPal payment method, you must be registered there or register first and legitimise yourself with your access data in order to be able to pay the invoice amount. The payment transaction will be carried out automatically by PayPal immediately after confirmation of the payment instruction. You will receive further instructions during the order process.
Credit card via PayPal
If you have selected the credit card payment method, you do not need to be registered with PayPal in order to pay the invoice amount. The payment transaction will be carried out by your credit card company at the request of PayPal immediately after confirmation of the payment instruction and after you have been legitimised as the legitimate cardholder and your card will be debited. You will receive further instructions during the ordering process.
Direct debit via PayPal
If you have selected the direct debit payment method, you do not need to be registered with PayPal in order to pay the invoice amount. By confirming the payment instruction, you issue PayPal with a direct debit mandate. You will be informed by PayPal about the date on which your account will be debited (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You will receive further instructions during the order process.
Apple Pay
To be able to pay the invoice amount via Apple Pay, you must use the "Safari" browser, be registered with the service provider Apple, have activated the Apple Pay function, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the order process.
6. RETENTION OF TITLE
The goods remain our property until full payment has been received.
7. TRANSPORT DAMAGE
If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.
8. WARRANTY AND GUARANTEES
The statutory liability for defects applies. Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
9. LIABILITY
We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health
- in the event of wilful or grossly negligent breach of duty
- in the case of guarantee promises, if agreed, or
- insofar as the scope of application of the Product Liability Act applies.
In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
10. DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
11. PROTECTION OF MINORS
If your order includes goods whose sale is subject to age restrictions, we will use a reliable procedure that includes a personal identity and age check to ensure that the customer does not exceed the age limit.
age check to ensure that the customer has reached the required minimum age. The deliverer will only hand over the goods after an age check has been carried out and only to the customer personally.