Terms

TERMS & CONDITIONS FOR EWINE.EU

The client has the opportunity to download the Terms & Conditions hereafter which are drafted in English. On request they will be at the client’s disposal, in digital or written form, by visiting www.ewine.eu. Furthermore the client receives a copy of the Terms & Conditions together with every delivery.

In case of legal proceedings, ‘the domicilum citandi & executandi’ of the firm ‘eWine GmbH’ are specially documented on every invoice.

PREAMBLE

‘eWine GmbH’ runs a website for commercial purposes under the domain http://www.ewine.eu. On this website ‘eWine GmbH’ offers products to its clientele for sale via the internet, mainly South African wine.

PRODUCT SELECTION
(1) The client has the option to select and order products listed and displayed on http://www.ewine.eu.

(2) With regard to every product a separate product description is at the client’s disposal on the respective website. On request the client receives an additional copy of the said product description, printed, together with the delivery of his order.

(3) The client clicks the selected products on the website. All the products are then collected in a virtual basket and at the end of his shopping sessions the client receives an arrangement of the products puchased at a Grand-Total-Price incl. VAT.

(4) Before dispatching the order ‘eWine GmbH’ grants the client the opportunity to check the order regarding correctness of content, in particular price and quantity, and, if necessary, to correct.

INSTRUCTIONS HOW TO RETURN THE GOODS

RIGHT TO RETURN

The client has the right to return the goods received within a month’s time without specifying the reasons, simply by returning the consignment. The period begins at the earliest with the receipt of the consignment and the respective instructions. Only in case size and /or quantity of the goods don’t allow parcel delivery, the client is able to bring about the returning simply by demanding the ‘taking back of the goods’ in writing, e.g. as per letter, fax or E-mail. In order to keep to the deadline the timely despatch of the goods or the demand for ‘taking back the goods’ is sufficient. In any case, the return of the goods is at the client’s expense and at his own risk.

The return of the goods or the demand ‘for taking back the goods’ must be addressed to:

eWine GmbH
Allerbogen 15
29223 Celle

Fon +49 (5141) 34 90 218
Fax +49 (5141) 34 90 219
E-Mail: info@eWine.de

CONSEQUENCES OF RETURN

In case of an effective return all mutually received achievements must be given back to the respective original owner and, if necessary, taken benefits (e.g. the advantage of usage) must be handed over. In case of deterioration of the merchandise compensation for damages can be claimed. This doesn’t apply if the deterioration of the merchandise would only originate in its physical inspection as it would have been possible for the client in a shop. However the client can avoid his liability for compensation by not making any use of the merchandise as a rightful owner would do and by refraining from any action which could impair its value.

FINANCED TRANSACTIONS

In case the client has financed this contract via a loan and he makes use of his right to return then the loan-agreement is null and void as well, provided that both contracts represent one commercial unity. This can be presumed in particular if eWine GmbH is simultaneously the lender or the lender used the assistance of eWine GmbH regarding the loan-agreement. In case eWine GmbH has already received the loan-amount at the time the revocation or the return becomes effective, the client can claim the refund not only from eWine GmbH but also from the lender.

THE RIGHT TO RETURN

does not exist for contracts which contain the request for the supply of

* merchandise being custom-made or clearly customized according to the client’s very personal needs or
* which is not suitable for being sent back because of the make-up, 
* perishables respectively goods, whose expiry date would pass by in the process,
* audio- or video-recordings or software, provided the client / user has broken the seals of the data carriers supplied,
* newspapers and magazines or
* gambling- or lottery-services.

INSTRUCTIONS HOW TO REVOKE

RIGHT OF REVOCATION

The client has the right to revoke his declaration, which constitutes the contract, within 30 days (one month) without specifying the reasons in writing (e.g. letter, fax or E-mail) or simply by returning the matter.The period begins at the earliest with the receipt of this instructions. In order to keep to the deadline the timely dispatch of the revocation or the matter is sufficient.

THE REVOCATION MUST BE ADDRESSED TO:

eWine GmbH
Allerbogen 15
29223 Celle

Fon +49 (5141) 34 90 218
Fax +49 (5141) 34 90 219
E-Mail: info@eWine.de

CONSEQUENCES OF REVOCATION

In case of an effective revocation all mutually received achievements must be given back to the respective original owner and, if necessary, taken benefits (e.g. interest) must be handed over. In case the client is unable to return the received achievements to eWine GmbH in total or he is able to do so to some extent or in deteriorated condition only, he will be liable to pay eWine GmbH damages if necessary. This doesn’t apply if the deterioration of the merchandise would only originate in its physical inspection as it would have been possible for the client in a shop.However the client can avoid his liability for compensation by not making any use of the merchandise as a rightful owner would do and by refraining from any action which could impair its value.

In case size and / or quantity of the merchandise allows parcel delivery the consignment must be returned.

In case a consignment of up to a total value of 40 EUR is returned the freight charges are for the client’s account if the original consignment was in accordance with the order. In all other cases the return of the consignment is for the account of eWine GmbH. In case size and / or quantity of the goods don’t allow parcel delivery the consignment will be collected at the client’s address.

A WORD OF ADVICE

The client’s right to revoke lapses prematurely if the other party to the agreement started the execution of the service, before the expiry of the revocation-period, with the client’s clear consent or if the client himself initiated the execution (e.g. by downloading etc.).

FINANCED TRANSACTIONS

In case the client has financed this contract via a loan and he revokes the financed agreement then the loan-agreement is null and void as well, provided that both agreements represent one commercial unity. This can be presumed in particular if eWine GmbH is simultaneously the lender or the lender used the assistance of eWine GmbH regarding the loan-agreement.In case eWine GmbH has already received the loan-amount at the time the revocation or the return becomes effective, the client can claim the refund not only from eWine GmbH but also from the lender.

THE RIGHT OF REVOCATION

doesn’t exist for contracts which contain the request for the supply of
* merchandise being custom-made or clearly customized according to the client’s very personal needs or
* which is not suitable for being sent back because of the make-up, 
* perishables respectively goods, whose expiry date would pass by in the process, 
* audio- or video-recordings or software, provided the client / user has broken the seals of the data carriers supplied,
* newspapers and magazines or
* gambling- or lottery-services.

PRICES

(1) Valid prices are the listed ones, as they are displayed on the internet, at the time when the order is placed.
(2) The prices are ex warehouse eWine GmbH including VAT, but excluding packaging and shipping.

CONCLUSION OF AN AGREEMENT

(1) The merchandise on the website is offered without any obligation for eWine GmbH, which means, in case of non-vailability of the merchandise ordered eWine GmbH has no obligation to supply.

A conclusion of an agreement and therefore a contractual commitment regarding the individual services originates, provided that eWine GmbH has confirmed the client’s order in writing.

(2) eWine GmbH is entitled to supply a merchandise equivalent in quality and price if the merchandise ordered in not available and the client has declaired his consent to this procedure on the order form.

EXECUTION OF THE AGREEMENT

PROCESSING OF ORDERS
eWine GmbH is going to process orders within a period of 48 hours and will inform the client regarding the availability of the requested products.

DELIVERY
eWine GmbH will deliver within 10 working days after receiving the client’s order, if the ordered products are available.

SHIPPING COST
Up to an order value of EUR 180 the domestic (inland) shipping cost amount to EUR 7 per order. In case of an order value of more than EUR 180 the domestic (inland) shipping cost are free of charge. In case of a delivery abroad the actual shipping cost will be charged.

The following cost are charged seperately for packaging and shipping.

In case of a delivery abroad the actual shipping cost will be charged.

ORDER-CHANGES, EXTENSIONS OR RESTRICTIONS
eWine GmbH will respond to client inquiries, linked to already placed orders regarding changes, extensions and / or restrictions of the product range, short term.

Should eWine GmbH receive the client’s request for a change, extension or restriction of the product range up to 5 working days before the intended delivery, eWine GmbH will consider the request as far as possible.

SERVICE HOTLINE
eWine GmbH makes a hotline available for client inquiries linked to the product range offered. This hotline is open seven days a week during usual office hours (18.00 hours - 22.00 hours). eWine GmbH will draw the client’s attention to this opportunity by repeating it on the invoice form.

TERMS OF PAYMENT
(1) eWine GmbH invoices the client for the ordered merchandise, handing the invoice out to him at the time of delivery. eWine GmbH accepts up front payment, cash on delivery or on account. Up front payments or instructions to deduct from a credit card-account will be considered at the time of invoicing. In case of delivery on account all accounts are payable 14 days after receipt of the invoice at the latest.
(2) All invoiced prices are always net prices including VAT.
(3) In case of delayed payment the client, end user, is obliged to pay interest at a rate of 5% above prime rate to eWine GmbH, unless eWine GmbH is able to prove a higher interest rate. In case the client runs a business, sentence no. 1 comes into effect, but with one difference, he pays interest at a rate of 8% above prime rate.

GUARANTEE AND LIABILITY
(1) The client will report any defects regarding the product direct to eWine GmbH and furthermore return the product to eWine GmbH at the supplier’s expense. Regarding the supplier’s guarantee paragraph 433 ff. BGB applies. In case of transactions between business partners the guarantee is restricted to one year and Weinhandel Daniela Selbach is entitled to repair the product according to her choice or to replace it free of charge.

(2) eWine GmbH is liable for 
* a compensation in full in case of gross negligence of her executives and management, 
* strictly speaking, if someone of her executives and management is guilty of violating essential contractual commitments,
* outside of such commitments, strictly speaking, for gross negligence of ordinary employees as well, unless eWine GmbH is able to exempt herself due to common trade practice,
* regarding the extent in the last two instances for compensation of the typical and predictable damage.

In case the client is jointly responsible for the cause (of the damage) he has to do his fair share. The liability with regard to intent, guarantee, mean act (meanness) and personal injury (bodily-harm) as well as according to the product liability act has no bearing.

ACT OF GOD
(1) In case eWine GmbH is unable to fulfill her contractual commitment because of an Act of God (in particular war, natural disasters), eWine GmbH is exempted from her contractual commitments for the duration of the given situation.
(2) In case eWine GmbH is unable, for a period longer than one month, to execute the client’s order respectively to deliver the merchandise because of an Act of God, the client is entitled to revoke the agreement.

DATA PROTECTION
eWine GmbH will obey all legal requirements regarding data protection, in particular the conditions of the data protection act for telecommunication.

FINAL CONDITIONS
(1) The language of the agreement is German.
(2) Should one regulation of the conditions of the agreement be or become null and void, all the other ones will remain effective. eWine GmbH and the client together will replace the void regulation by an effective one which will best suit the economic interest of both parties.