5515 GenussRaum GmbH

GENERAL TERMS AND CONDITIONS

Update January 2017

 

Summary

  • 1) Scope of application

  • 2) On the Contract and its text

  • 3) Ownership

  • 4) Prices, shipping and payment terms

  • 5) Delivery conditions

  • 6) Correction of errors

  • 7) Right of return

  • 8) Liability for defects

  • 9) Applicable Law, Jurisdiction and Contract language

  • 10) Youth Protection Act

1) Scope of application


1.1. - These Terms an Conditions of use (the "Conditions") apply to the contract of sale that subscribe through this Online Store, the company 5515 GenussRaum GmbH, hereinafter "5515 GenussRaum", and both: Individual and professionals, hereinafter "Customer". The contract takes effect by sending a confirmation email or the shipping of the product itself. By placing an order through this website, the customer expresses approval of these Terms. 

 

1.2. - These Conditions shall apply to all legal relationships between the Customer and 5515 GenussRaum even when no express reference is made to them. These Terms may be updated at any time by 5515 GenussRaum and will be in effect the updated version at the time that the Customer has made the purchase. 

 

1.3. - Through the acceptance of the present Conditions, the Customer confirms that he is an adult, or that he has the legal drinking age in his country. 5515 GenussRaum only makes deliveries to people over the legal drinking age. The Customer also undertakes and ensures that the shipment will be received by people who meet this requirement. In Germany this age is achieved with the 18 years of life. In all cases shall prevail the legal age in the country of delivery. 

 

2) On the Contract and its text


2.1. - The presentation of products in our online shop is not a legally binding offer, just a product catalog. With an order however, the Customer raises a binding offer with possibility of contract with 5515 GenussRaum. The acceptance of this offer will be managed in the form of an e-mail order confirmation. 

 

2.2. - Firstly, the Customer will receive an email acknowledgment of order to the email address provided. A purchase contract is assumed only with the sending of an order confirmation and payment by 5515 GenussRaum or the direct shipment of the products. 

 

2.3. - The ordering process in 5515 GenussRaum online-shop takes place, once selected the desired products, through the following 4 steps (for more information see section "Ordering process"):

 

  • 2.3.1. - Choose a shipping/billing address if you have already a registered user account, if not, you have also the possibility of registering and providing such data, or proceed with the order just as a guest. 

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  • 2.3.2. - Confirmation of the shuttle with our current partner: DHL

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  • 2.3.3. - Choise of payment method after reading and approval of these Conditions and Terms of Use. Without this approval the process will not continue. 

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  • 2.3.4. - Ordering Shipping after payment confirmation. 

 

2.4. - The contract will be filed by 5515 GenussRaum. The text of the contract can not be found online, but at your request will be sent by email or by ordinary mail. 

 

3) Ownership


3.1. - In relation to private clients, 5515 GenussRaum retain the ownership rights over the delivered goods until full payment of the owed purchase price. 

 

3.2. - In relation to commercial or wholesale partners, 5515 GenussRaum retain the ownership rights of the products until full settlement of all claims arising from an ongoing business relationship. 

 

4) Prices, shipping and payment terms

4.1. - Valid prices are those listed on the website at the time of purchase. Prices apply, unless otherwise indicated (eg some sweet wines presented in bottles of 0,50 liter), a 0,75 liter of content bottle. All prices include applicable taxes in Germany (19% Tax). The value of the tax is shown separately in the invoice. 

 

4.2. - There is no minimum order required in 5515 GenussRaum. 

 

4.3. - In both "my cart" as in "your order" will be listed the specific shipping costs that apply in addition to the product cost, these will be only correctly expressed in amount and form, once the shipping address is correctly filled in. Unless otherwise is specified in the contract, the payment of the due amounts will proceed at the time of the acceptance of the order or in some cases with the delivery of products itself. 

 

4.4. - The additional shipping costs for the products depending on the shipping address will be estimated according to the following table: 

 

Destination                               1 B*                             2 B*                              3 B*                             6 B*                            12 B*                           
Germany6.53€6.53€6.53€Free shipping!  
EU countries 1**12.60€14.50€16.40€20.20€29.70€
EU countries 2***12.80€14.90€17.00€21.20€31.70€
Switzerland, Monaco15.25€18.25€21.25€27.25€42.25€
San Marino
other countriesby request

 

B*: Bottles of wine
**   Belgium, Denmark, England, France, Italy, Liechtenstein, Luxembourg, Netherlands, Austria, Poland, Slovakia, Slovenia, Hungary, Czech Republic. 
*** Bulgaria, Estonia, Finland, Greece, Ireland, Iceland, Croatia, Lithuania, Malta, Norway, Portugal, Romania, Cyprus.

Price for shipments of 18 bottles depending on the area: EU1 36.35€, EU2 39.05€, Switzerland, Monaco an San Marino 52.75€

 

5515 GenussRaum offers free shipping for orders from 6 bottles within Germany

 

4.5. - Possible additional costs for taxes in the country of destination on shipments to commercial or retail Customers outside Germany and within the European Union will be assumed by the Customer. 

 

Special cases: 

 

- Austria: Alcohol and alcohol-containing products which are sold in Austria, are subject to the tax on alcohol. The alcohol tax is 1.000,00€ per 100 liter of pure alcohol (tariffs according to the Federal Ministery of Finance)

- France: The wine in France is subject to a tax rate of 3,66€/Hl (tariffs according to Ministère du commerce exterieur). 

- Sweden: The sale of products containing more than 3,5% vol. Alcohol in Sweden is regulated by the state monopoly. For this reason, we do not sell in Sweden.

4.6. - Possible additional costs for taxes in the country of destination on shipments to privat Customer outside Germany and within the European Union will be assumed by 5515 GenussRaum. 

 

4.7.- The following payment methods are available to the Customer at the online store: 

 

Payments by credit card (VISA, Mastercard)

Payments by Paypal

Sofortüberweisung (inmediate transfer system within EU)

 

4.8. - The payment "on account" is possible only for trade partners according to individual agreement and prior credit check. 

 

4.9. - By accepting these Terms, the Customer agrees to receive invoices, vouchers, etc. (gift cards or "Genusskarte" included) in electronic form, also subject at your request to possible delivery of the invoice in hard copy by mail. 

 

4.10. - Other offers are explained in detail in "Deals". 

 

5) Delivery conditions


5.1. - Shipments are made with DHL (Deutsche Post AG). No delivery can be guaranteed currently on Saturday and Sunday. However shipments can be made on request with Express Service with consequent higher costs. 

 

5.2. - The delivery will be made only if, at the time of the delivery is determined that the recipient of the order is the same person who made it, or at least is an adult (with legal drinking age)

 

5.3. - Unless otherwise specified in the contract, the delivery time within Germany is 1 to 3 days and 3 to 9 days abroad, after receipt of payment. 

 

6) Correction of errors

 

Customer has the possibility of correcting data entered into the order form, by using the standard mouse and keyboard functions, before submitting the order and send it to 5515 GenussRaum. 

 

7) Right of return

 

7.1. - Without any justification, the Customer is entitled to exercise the right of return of the products that are in good condition and not used, within a month of its receipt.

 

7.2. - The time limit begins after receipt of the instruction in text form, but not before the receipt of the goods by the Customer or before the fulfillment of 5515 GenussRaum duties. To meet the deadline the Customer just need to do the timely dispatch of the goods or the withdrawal request. The return of the goods has to be made exclusively to the following address: 

 

5515 Genussraum GmbH - Fuggerstraße 30, 10777 Berlin - Germany. 

 

7.3. - Shipping costs are assumed by 5515 GenussRaum. Extra cost for damages due to deterioration of the product by negligence of the Customer will be required. The payment obligations by both parties will be satisfied within 30 days after receipt of the product by 5515 GenussRaum. 

 

8) Liability for defects

 

The customer is asked to claim the delivered goods with obvious shipping damage to the deliverer thereof and to inform inmediately the seller. If the Customer does not comply, this has some impact on its contractual warranty claims. 

 

9) Applicable Law, Jurisdiction and Contract language

 

9.1. - German law applies in all contractual relations between the Customer and 5515 GenussRaum. Faced with a "Consumer" German law also applies only to the extent that any provision of law in the country in which he has his domicile or habitual residence is restricted. If the Customer is not a "consumer" the place of jurisdiction is Berlin. 

 

9.2. - If the Customer is a partnership, corporation, etc, located or established in Germany, the exclusive place of jurisdiction for any disputes arising out of this contract shall be the main adress of 5515 GenussRaum GmbH: Berlin. If the Customer is based outside the scope of German territory, the place of jurisdiction will be the main adress of the Customer, if the contract or claims arising thereof are attributable to the trade or business of the Customer. The seller is entitled, however, in each case, to ask for the place of business of the customer. 

 

9.3. - The contract may arise in German, Spanisch and in English. 

 

10) Youth Protection Act

 

In compliance with the Youth Protection Act, 5515 GenussRaum will not sell or ship alcohol to persons who are not the age of 18 years in Germany and the legal drinking age, whatever it is, in other countries. The customer assures by placing his order, that he is over 18 years old (or the appropriate legal drinking age in his country of residence) and that the person who will receive the shipment is also an adult in these terms. At the slightest doubt, the carrier service may ask for age confirmation by presentation of an identity document. 

 

 


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