§1 Applicability to entrepreneurs and definitions of terms
(1) The following general terms and conditions apply to all contracts between usM&M wine and spirits trade GmbH(www.the-winestore.com) and a consumer that are placed through our online shop based on orders.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed (§ 13 BGB).
§2 Formation of a contract, storage of the text of the contract
(1) The following regulations regarding the conclusion of the contract apply to orders via our online shop https://the-winestore.com.
(2) If the contract is concluded, the contract comes with it
M&M wine and spirits trade GmbH
Munich registry court
(3) The presentation of the goods in our online shop does not constitute a legally binding contractual offer on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer makes a binding offer to conclude a purchase contract.
(4) When an order is received in our online shop, the following regulations apply: The consumer submits a binding contract offer by successfully going through the ordering procedure provided in our online shop.
The order is made in the following steps:
1) Selection of the desired goods
2) Confirm by clicking the “Add to cart” button
3) Checking the information in the shopping cart
4) Press the “Continue to checkout” button
5) Enter billing details
6) Re-examination or correction of the entered data.
7) Binding dispatch of the order by clicking the “Buy now” button
Before the order is bindingly sent, the consumer can go back to the website on which the customer's desired products are recorded and correct input errors or Cancel the ordering process by closing your internet browser. We confirm receipt of the order immediately by an automatically generated email (“order confirmation”). With this we accept your offer.
(5) Storage of the contract text for orders via our online shop: We save the contract text and send you the order data by email. You can view the terms and conditions at any time at https://the-winestore.com/agb. You can view your past orders in our customer area under My Account.
(6) By entering the data, the customer assures that all information provided during registration and ordering (name, address, email, bank details, address, age, etc.). Changes must be communicated to us immediately (without any undue delay).
(7) The contract is concluded exclusively in German.
§3 Prices, shipping costs, payment, due date
(1) The prices listed in the offer at the time of ordering apply. The prices stated are final prices, which means they include the applicable statutory VAT. The goods remain our property until the purchase price has been paid in full.
In addition, there are any shipping costs. These are also displayed to the buyer on the overview page before the order is completed. Shipping costs can also be viewed at any time at https://the-winestore.com/versandarten.
(2) The consumer has the option of paying by PayPal, credit card (Visa, Mastercard, American Express) and advance payment.
(1) Unless we have clearly stated otherwise in the product description, all items we offer are ready for immediate dispatch. Delivery takes place within 5 working days at the latest. For all payment methods, the delivery period begins on the day after receipt of payment. If the deadline falls on a Saturday, Sunday or public holiday at the delivery location, the deadline ends on the next working day.
(2) The risk of accidental loss and accidental deterioration of the item sold, even in the case of a mail order purchase, only passes to the buyer when the item is handed over to the buyer.
(3) If it is impossible to deliver ordered items that were not delivered by our supplier through no fault of ours despite our contractual obligations with our supplier, we are entitled to withdraw from the contract. If this case occurs, our customers will be informed immediately (without any undue delay) that the goods they ordered are not available. If payments have already been made, they will be refunded immediately (without any undue delay).
§5 Retention of title
(1) We reserve ownership of the goods until the purchase price has been paid in full.
(2) If a third party has access to the reserved goods or does so, we must be informed of this immediately (without any culpable delay) after becoming aware of it.
§6 Vouchers and their redemption
(1) Promotional vouchers are vouchers that cannot be purchased. They are vouchers that we issue as part of advertising campaigns with a specific period of validity.
(2) Promotional vouchers can only be redeemed within the set period and only once as part of an ordering process. Brands may be excluded from the voucher campaign. Promotional vouchers cannot be used to purchase gift vouchers. Please note that promotional vouchers may be subject to a minimum order value.
(3) The value of the goods must be at least equal to the amount of the promotional voucher. Any difference to a higher value of goods can be offset using the payment options offered. The value of a promotional voucher will neither be paid out in cash nor interest. The promotional voucher will not be refunded if goods are returned in whole or in part.
(4) Promotional vouchers can only be redeemed before completing the ordering process. Subsequent crediting is not possible. The promotional voucher cannot be transferred to third parties. Multiple promotional vouchers cannot be combined with each other unless we have agreed otherwise.
(5) If you used a promotional voucher when making your purchase, we reserve the right to charge you the original price of the goods that you are keeping if - due to your cancellation - the total value of the order falls below the respective value of the promotional voucher or corresponds to this.
§7 Right of withdrawal of the customer as a consumer:
Right of Withdrawal
Consumers are entitled to a right of withdrawal according to the following stipulations, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity:
Right of withdrawal
Right of withdrawal
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us
M&M wine and spirits trade GmbH
inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached sample cancellation form, although this is not mandatory.
Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have), 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 payment method that you used in the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
We may refuse the refund until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract
M&M wine and spirits trade GmbH
to return or hand over. The deadline is met if you send the goods before the fourteen day period has expired. The direct costs of returning the goods are borne by the respective customer. You would only have to pay for any loss in value of the goods if it is determined that you handled the goods in a way that is not necessary to check the nature, properties and functionality of the goods.
End of revocation
§8 Cancellation form
If you want to cancel the contract, please fill out this form or follow the template provided in this link and send it back to us: cancellation form
The statutory warranty regulations apply.
§10 Rights based on defects
(1) All possible claims for defects expire within 2 years of handover.
§11 Protection of minors
1. M&M Wein-und Spirits Trading GmbH (the-winestore.com) only enters into contractual relationships with adult customers. For this reason, customers assure that they are over 18 years old when submitting their order. Customers also assure that identity information (e.g. name, age, address, etc.) corresponds to reality. The customer is also obliged to ensure that only he himself or adult persons authorized by him to accept the delivery accept the delivery of goods.
2. To the extent that persons who are not of legal age place orders by stating false facts and/or without the approval of their adult responsible persons who have legal custody or representation, www.the-winestore.com hereby revokes these contracts as a precautionary measure in accordance with Section 111 of the German Civil Code (BGB).
3. If the-winestore.com receives positive knowledge of an order that was placed with false information, in particular age information, www.the-winestore.com reserves the right to initiate criminal proceedings in addition to the above-mentioned revocation in accordance with Section 111 of the German Civil Code (BGB).
4. The adult persons who are authorized to care for and/or represent minors or young people who order under false information are liable to the-winestore in accordance with the legal regulations for www.the-winestore.com for all damage resulting from orders made under false information. This also includes the release of www.the-winestore.com from claims that arise from the customer's obligation under point 1.
§12 Contract language
As contract language german will be available exclusively.
§13 Data protection
All data collected when placing an order or during another action on the www.the-winestore.com website is listed under the link www.the-winestore.com/datenschutzbelehrung and is available to the customer at any time Disposal.
§ 14 Provider identification
Our address for complaints and other declarations of intent as well as our address for summons is:
is operated by:
M&M wine and spirits trade GmbH
Represented by: Maximilian SCHIEFER
TELEPHONE: +49 (0) 159 06191775
§ 15 Severability clause
(1) The possible ineffectiveness of individual parts of our General Terms and Conditions does not automatically lead to their complete ineffectiveness. The legally stipulated regulations then take the place of the ineffective parts.
(2) This contract contains all agreements regarding the subject matter of the contract, which are all made between www.the-winestore.com and the other party. There are no additional verbal greetings.
Conditions as of December 2019
Free general terms and conditions created by agb.de
Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.