General terms and conditions

Update October 2020

Summary

1. Scope of application
2. Contract partner
3. About the contract
4. Ownership
5. Prices, shipping and payment terms
6. Delivery conditions
7. Order corrections
8. Right of withdrawal
9. Liability for defects
10. Youth protection act
11. Online dispute resolution

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”. 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 points out that wine deliveries should only be handed to persons of legal age. The Customer also undertakes and ensures that the shipment will be received by people who meet this requirement. In Germany, however, alcohol is allowed from the age of 16, but only to a limited extent: beer, wine, sparkling wine and mixed drinks from the same. According to the german Youth Protection law, alcoholic beverages and spirits such as schnapps, whiskey, gin, cocktails and alcopops are only allowed from the age of 18. In all cases shall prevail the legal -wine- drinking age in the country of delivery.

2. Contract partner

The contract is signed with 5515 GenussRaum GmbH – CEO: Carolina Rodríguez – Fuggerstr. 30, 10777 Berlin.  Company registration: Charlottenburg District Court, HRB 150411 B.

3. About the contract

3.1. – The presentation of products in our online shop is not a legally binding offer, just a product catalog. By clicking the “Buy now” button, you are placing a binding order for the products listed on the order page at 5515genussraum.de. The acceptance of this offer will be managed in the form of an e-mail order confirmation.

3.2. – The Customer will receive first a confirmation of receipt of the order to the email address provided. A purchase contract is assumed only with the sending of an order confirmation and/or payment by 5515 GenussRaum.

3.3. – A detailed explanation of the order process can be found here

3.4. – The complete order is saved by 5515 GenussRaum. You can access your placed order after your account registration in the customer area anytime under orders. After sending the order, 5515 GenussRaum sends the customer also an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out.

3.5. – The main language of the contract is German. English and Spanish are also available.

4. Ownership

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

4.2. – 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.

5. Prices, shipping and payment terms

5.1. – The price per product is made up as follows:

Price per product = price of the product + corresponding VAT (16% until 31.12.2020, 19% from 01.01.2021)

Possible additional costs:

• Shipping costs: Depending on the delivery address and the number of bottles (see table, section 5.5.). These are calculated and displayed after entering this information in the cash register. Exception: Delivery from 6 bottles within Germany is free of charge.
• Gift wrapping costs: If you would like gift wrapping, we charge a flat rate of €6.00 including VAT per gift unit.
• Customs and taxation in the country of destination (see section 5.6. and 5.7.)

5.2. – Valid prices are those listed on the website at the time of purchase. Prices apply, unless otherwise indicated a 0,75 liter of content bottle (some dessert wines are available in 0.50 l and 0.375 l bottles). All prices include applicable taxes in Germany*. The value of the tax is shown separately in the invoice.

* Corona stimulus tax reduction by the end of 2020 in Germany: The VAT reduction that apply from July 1, 2020 till December 31,2020 is already calculated in the price.

5.3.- According to § 2 Paragraph 1 PAngV as well as Article 3 Paragraph 4 in conjunction with Article 1 of the Price Indication Directive, corresponding basic prices (in liters) are shown when our wines are sold

5.4. – There is no minimum order required in 5515 GenussRaum.

5.5. – The additional netto 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*                       9B*	12 B*                      15B*               18B*
Germany	6.50€	6.80€	7.90€	Free shipping from 6 bottles!
EU countries 1**	13.65€	14.60€	16.50€	20.30€               25.05€	28.85€                  33.60€              37.40€
EU countries 2***	14.20€	15.20€	17.20€	21.20€               26.20€	30.20€                  35.20€             39.20€
EU countries 3****	14.45€	15.50€	17.60€	21.80€               27.05€	31.25€                  36.50€              40.70€
other countries	write us to info@5515genussraum.de

B*: Bottle.

All prices are exclusive VAT.

** Luxembourg, Austria, Czech Republic
*** Italy, Slovakia, Slovenia, Hungary, Portugal

**** Bulgaria, Croatia, Romania

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

5.7. – 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.

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

• Credit Card: VISA, Mastercard
• Paypal
• Direct debit
• Payment on account (depending on prior credit check)
• Direct bank transfer

5.9. – By accepting these Terms, the Customer agrees to receive invoices, vouchers, etc. (gift cards or “Genusskarte” included) basically in electronic form

5.10. – Other offers are explained in detail in “current offers”

6. Delivery conditions

6.1. – Shipments are made with DHL (Deutsche Post AG). No delivery can be guaranteed currently on Saturday. However shipments can be made on request in a particular day with consequent extra costs (approx. € 1.15 / shipment).

6.2. – 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.

6.3.- For more information, see Shipping & Delivery

7. Order Corrections 

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.

8. Right of withdrawal

The following right of withdrawal only applies to consumers.

You have the right to cancel this contract within 14 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 last goods. To exercise your right of withdrawal, you must contact us

5515 GenussRaum GmbH
Fuggerstrasse 30th
10777 Berlin
info@5515genussraum.de

by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the sample withdrawal form attached here, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of cancellation

If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the inexpensive standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We bear the costs of returning the goods. You only have to pay for any loss in value of the goods if the loss in value is due to handling you that is not necessary to check the nature, properties and functionality of the goods. However, this does not apply if the goods were damaged in transit, because we as an online retailer bear this risk alone.

9. 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 may have some impact on its contractual warranty claims.

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, in Germany for wine purchases from 16 years old) 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.

11. Online dispute resolution