Terms & Conditions
(please note, our legal language is German - this translation is just for better understanding)
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Applicable Law
- Place of Jurisdiction
- Alternative Dispute Resolution
- Additional Terms - "Wine Faults", Natural Cork and Other Matters
- Severability Clause
1. Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Vinum Sabbati UG (haftungsbeschraenkt), operator of Wyrd-Wine.com, hereinafter referred to as "Seller" - apply to all contracts for the delivery of goods that a consumer or entrepreneur - hereinafter referred to as "Customer" - concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2. Conclusion of Contract
2.1 Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by telephone, email or post.
2.3 The Seller can accept the Customer's offer within five days by
- sending the Customer a written order confirmation or an order confirmation in text form (email), whereby the receipt of the order confirmation by the Customer is decisive, or
- delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- requesting payment from the Customer after they have submitted their order.
If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the result that the Customer is no longer bound by their declaration of intent.
2.4 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and transmitted to the Customer in text form (by email) after their order has been sent. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by providing the corresponding login data.
2.5 Before binding submission of the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's magnification function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.6 The contract language is German.
2.7 Order processing and contact usually take place by email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.
2.8 When ordering alcoholic beverages, the Customer confirms by sending the order that they have reached the legally required minimum age.
2.8a The Customer is obliged to ensure that only they themselves or persons of legal age authorized by them to receive the delivery accept the delivery of goods. Upon delivery, the commissioned logistics service provider is entitled to request proof of age.
3. Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the Seller's withdrawal instructions.
4. Prices and Payment Conditions
4.1 All prices are in Euros and in some cases in your local currency. Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory value-added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 The payment options are communicated to the Customer in the Seller's online shop. The Seller reserves the right not to offer certain payment methods for each order and to refer to other payment methods. The buyer receives further information after selecting the payment method during the ordering process.
4.3 When paying by means of a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à.r.l. et Cie S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
4.4 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. To process payments, Stripe may use other payment services for which special payment conditions may apply, to which the Customer may be separately informed. Further information about "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.
5. Delivery and Shipping Conditions
5.1 Goods are delivered by mail to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive.
5.2 If the goods are returned to the Seller for reasons that are outside the Seller's sphere of influence and fault, the buyer bears the reasonable costs incurred by the Seller as a result.
This applies in particular to cases in which:
- the Customer was not present or not reachable during delivery attempts,
- the delivery address provided by the Customer is incomplete, incorrect or cannot be found,
- the Customer refuses acceptance without exercising the right of withdrawal,
- the courier does not carry out the delivery without good reason or returns the goods on their own initiative.
In these cases, the Customer bears both the original shipping costs and the costs of returning the goods to the Seller.
This regulation does not apply if the Customer effectively exercises their right of withdrawal within the correct deadline. For shipping costs in the case of return within the framework of an effectively exercised withdrawal, the regulation made in the Seller's withdrawal instructions applies.
5.3 If the Seller offers the goods for collection, the Customer can collect the ordered goods during the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs are charged.
5.4 The Seller ships to Germany and the EU. Upon request and if possible, also to countries outside the EU.
5.5 If the buyer is located in a country that may require additional customs duties, taxes or charges for the receipt of alcohol (e.g. UK, Finland, Sweden or Norway), the buyer bears these and assumes full responsibility for the declaration to the relevant customs authority. The buyer is aware and accepts that the Seller does not assume any such costs.
6. Retention of Title
If the Seller provides advance payment, they reserve ownership of the delivered goods until the owed purchase price has been paid in full.
7. Liability for Defects (Warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 The Customer is requested to report delivered goods with obvious transport damage to the delivery service instantly and to inform the Seller of this. If the Customer does not comply with this, it has no effect whatsoever on their statutory or contractual claims for defects.
8. Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
9. Place of Jurisdiction
If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer has their registered office outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the above cases, however, the Seller is in any case entitled to appeal to the court at the Customer's registered office.
10. Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
11. Additional Terms - "Wine Faults", Natural Cork and Other Matters
11.1 Natural wines can differ significantly from conventional wines. Some aromas may appear unusual to inexperienced or "classic" wine drinkers. "Sulfur" or "cabbage" and "bread" are quite possible and often just as intended.
11.2 Natural wines may show cloudiness and vary from vintage to vintage - or even from bottle to bottle. This is part of the natural wine world and is not a reason for complaint. We try to include everything in the descriptions to the best of our knowledge and belief.
11.3 Due to the irregularities of natural wines in general, sales of wines on Wyrd-Wine.com are final. Opened bottles cannot be returned. The Seller reserves the right to make exceptions. Communication is everything.
11.4 Natural cork has always been a "problem" in the wine world and is subject to fluctuations in quality and processing. The Seller cannot be held responsible for "cork damage". Natural cork bottles are subject to natural losses. The Seller offers the buyer the opportunity to send a photo of the cork by email if necessary. If applicable, the Seller can clarify with the respective winemakers whether all bottles in the batch are affected and react accordingly.
11.5 The colors of the products displayed on the website may differ from the original for various reasons (lighting conditions during photography, monitor settings, camera, etc.).
12. Severability Clause
12.1 If any provision of these GTC should not be effective, the statutory provisions shall apply in place of the ineffective provision. The legal validity of all other contractual provisions shall in any case not be affected thereby.