Terms and Conditions of THE PURE Winery
to consumers (B2C)
Stand: May 2020
1.1. These general terms and conditions ("GTC") apply to all contracts concluded between us, the and you as our customer via our website purethewinery.com or our presence on Amazon ("online shop").
1.2. Conflicting or deviating conditions of the customer are only binding if we have acknowledged them in writing.
2. conclusion of contract
2.1. The presentation and advertising of articles in our online shop does not constitute a binding offer to conclude a purchase contract.
2.2. By sending an order via the online shop by clicking on the button "Order with obligation to pay", you place a legally binding order. Before finally sending the order, you have the opportunity to check the correctness of your entries and correct them if necessary. If necessary, change your order before it is finally sent.
2.3. We will immediately confirm receipt of your order placed via our online shop by e-mail. Such an e-mail does not constitute a binding acceptance of the order. It only documents that we have received the order.
2.4. A contract is only concluded when we separately confirm the conclusion of the contract or send the ordered items to you.
2.5. Only orders of normal household quantities for private use can be considered.
2.6. We will check your order immediately. If delivery of the ordered goods is not possible, for example because the goods in question are not in stock or the requirements of Section 2.5 above are not met, we will inform you immediately. In this case we refuse to accept the order and no contract is formed. We will, of course, immediately refund any consideration already received.
2.7. The ordering process takes place exclusively in German.
3.1. We are entitled to make partial deliveries if this is reasonable for you.
3.2. The indicative delivery time is approximately five (5) working days, unless otherwise agreed. It begins with the conclusion of the contract in accordance with Section 2.4 of these General Terms and Conditions.
4.1. We only deliver to customers with a delivery and billing address in the European Union.
5. Prices and shipping costs
5.1. All prices on purethewinery.com are gross prices including the statutory value-added tax (sales tax) and do not include shipping costs.
5.2. The shipping costs are specified in our price information in our online shop. The invoice amount, including VAT and any shipping costs incurred, is also displayed in the order form before you send the order.
5.3. If we fulfill your order in accordance with Section 3.1 of these General Terms and Conditions 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 calculate shipping costs for each partial delivery.
5.4. If you revoke your contractual declaration effectively, we can demand reimbursement of costs already paid for shipping to you (delivery costs). You bear the direct costs of returning the goods.
5.5. As far as customs fees and duties are incurred, these are usually billed directly to you as the buyer by the responsible customs authorities. In the event that, for whatever reason, we should be charged customs fees or duties for orders abroad, we are entitled to bill you as our customer for these separately.
6. Payment arrangements
6.1. The invoice amount is due immediately and without deduction.
6.2. Payment is made at your choice by credit card (Visa or Mastercard), PayPal, Klarna and Google Pay.
6.3. You are not entitled to offset against our claims or to exercise a right of retention unless your counterclaims have been legally established, recognized or are undisputed. You are also entitled to offset against our claims or to exercise a right of retention if you assert complaints or counterclaims from the same purchase contract.
7. Retention of title
7.1. The delivered goods remain our property until the purchase price, including shipping costs, has been paid in full.
7.2. You are obliged to treat the goods with care until ownership is transferred to you.
8.1. If there is a defect, you are fully entitled to the statutory rights to supplementary performance, withdrawal and reduction.
8.2. The warranty period is two years from receipt of the goods. Mandatory statutory statutes of limitation remain unaffected.
9.1. We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence, including intent and gross negligence on the part of our representatives and vicarious agents, in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
9.2. In addition, we are also liable in the event of simple negligence, including simple negligence on the part of our representatives and vicarious agents, for damages resulting from the breach of a material contractual obligation, i.e. an obligation whose fulfillment is essential for the proper execution of the contract and on whose observance you as a customer can regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage.
9.3. In all other cases, our liability is excluded, subject to the provision in Section 8.4.
9.4. Our liability for damage resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability. The above limitations and exclusions of liability also do not apply if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods or in the event of default in the case of an agreement on a fixed debt.
All images, films and texts published in our online shop are subject to copyright. Any use of the images, films and texts is not permitted without our express consent.
We process your personal data that arise in the course of processing this contract (e.g. name, postal address, e-mail address) in compliance with the relevant data protection regulations. Information on data processing in accordance with Articles 13, 14 VO (EU) No. 2016/679 (General Data Protection Regulation) is available at purethewinery. We maintain suitable technical and organizational measures that are appropriate to the impending risk to ensure data security, in particular to protect personal data from unintentional or unlawful access by third parties. We also maintain suitable technical and organizational measures that are appropriate to the impending risk and are designed to effectively implement data protection principles such as data minimization and data protection through technology design and data protection-friendly default settings.
12. Online Dispute Resolution/p>
1. 11.1 The European Commission provides a platform for online dispute resolution (OS). You can find the platform at http://ec.europa.eu/consumers/odr. Consumers have the opportunity to use this platform to settle their disputes.
3. 11.2 We are not obliged to participate in a dispute settlement procedure before a consumer arbitration board and will decide whether to participate individually on a case-by-case basis.
12. Final Provisions
12.1. Place of fulfillment for all deliveries is our place of business in Hamburg.
12.2. The application of the UN sales law is excluded.
12.3. These GTC are complete and final. Reserved changes and additions to these GTC should be made in writing in order to avoid ambiguity or disputes about the agreed content of the contract.
12.4. Should individual provisions of these General Terms and Conditions be wholly or partially invalid or contradict the statutory provisions, the rest of the contract shall not be affected and the remaining clauses of these General Terms and Conditions shall remain in full force.
Right of withdrawal
You have the right to withdraw from this contract within fourteen (14) calendar days without giving any reason.
The cancellation period is fourteen (14) calendar days from the day on which you or a third party designated by you who is not the carrier took possession of the goods.
In order to exercise your right of cancellation, you must send us (The Pure Winery (Europe) Limited, 90 Upper George Street, Dun Laoghaire Co, Dublin A96 R8R9, Ireland (email@example.com)) a clear statement (e.g. a letter sent by post sent letter or e-mail) about your decision to withdraw from this contract. You can use the attached sample withdrawal form, which is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen (14) calendar days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must send back the goods or hand them over to us immediately and in any event no later than fourteen (14) calendar days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen (14) calendar days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Sample withdrawal form
(If you want to revoke the contract, please fill out this form and send it back.)
– An THE PURE Winery (Europe) Limited, 90 Upper George Street, Dun Laoghaire Co, Dublin, firstname.lastname@example.org
– I/we (*) hereby revoke 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 on paper)
(*) Cross out what is not applicable.