Terms of Service
1. Conclusion of the contract and storage of the content of the contract.
1.1 The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You can add goods to your virtual shopping cart by clicking on the “Add to basket” or on the “View basket” icon. Before placing the order, you will be given the opportunity on the display to identify and correct input errors before submitting the contract declaration. Please check your order carefully. By clicking the “Buy now” button, you place a binding order for the goods in the shopping cart. The confirmation of receipt of the order follows immediately after the order has been sent and does not constitute acceptance of the contract. We can accept your order by sending a shipping confirmation email within five working days. The delivered goods remain our property until full payment.
1.2 It is a sales contract, which is accepted by the acceptance of Vinvie UG (haftungsbeschränkt) (hereinafter referred to as “Vinvie”) in the form of the dispatch e-mail or the sending of the goods to the buyer’s offer through the order.
1.3 We save the text of the contract and send you the order data. You can view the General Terms and Conditions on our website at any time. For security reasons, your order data is no longer accessible via the Internet..
2. Scope
2.1 All our deliveries and services are carried out exclusively on the basis of these general terms and conditions. The version of the general terms and conditions valid at the time of the order applies exclusively. Vinvie reserves the right to offer additional services. In this case, Vinvie will point this out to you separately and, if necessary, transmit additional general terms and conditions.
3. Subject of the contract
3.1 The subject of the contract is the purchase and delivery of products, in particular wines, via the website www.vinvie.de (hereinafter “platform”), but also by order by post or telephone. Vinvie offers French and German wines from many regions as well as related products. The wines are delivered as agreed by Vinvie or directly by the winegrowers or dealers (hereinafter “Suppliers”). In any case, your contractual partner is Vinvie, regardless of whether the wine may be delivered to you directly from the winemaker or dealer.
4. Registration
4.1 To order the products, you can register on the platform and thus open a customer account. You must provide the required data truthfully and update it immediately in the event of changes in order to ensure smooth delivery.
4.2 You are responsible for keeping your username and password confidential. You should keep your username and password for access secret, you should not pass them on, not disclose it to third parties and take the necessary measures to ensure confidentiality. In the event of misuse or loss of this information or suspected of such, you should notify Vinvie by e-mail: [email protected].
5. Offer and conclusion of contract
5.1 On its platform, Vinvie offers wine products. Vinvie’s offer may wary, there is no legal entitlement to constant availability of all the items. All offers are not binding.
5.2 The products offered are sold in customary quantities. The maximum order quantity per wine is 12 bottles, unless a lower maximum order quantity is noted. Some offers may have a minimum order quantity.
5.3 The product descriptions provided on the Vinvie platform, in brochures or similar documents and in any other way, such as photos or descriptions in particular, are non-binding unless they are expressly designated as binding. We reserve the right to make minor deviations from such product-descriptive information and do not affect the fulfillment of contracts, provided they are not unreasonable.
5.4 The presentation of products on Vinvie, in brochures or similar documents does not constitute a legally binding offer, but merely an invitation to place an order. Your order therefore only represents an offer to conclude a corresponding purchase contract. The order you place is binding. After receipt of your order you will receive an order confirmation by e-mail. This contains an overview of the details of your order and does not serve as acceptance of your offer. Vinvie is under no obligation to accept your offer.
5.5 A prerequisite for the conclusion of a contract between Vinvie and you is that you are 18 years of age or older at the time the contract is concluded.
5.6 Vinvie can accept your order within five days by sending an order confirmation by e-mail or by delivering the goods. If an order confirmation is sent by e-mail or if Vinvie sends the ordered products to you and confirms the shipment with another e-mail (shipping confirmation), but no later than upon receipt of the goods, a valid purchase contract is concluded between you and Vinvie in this respect, too if the delivery is made directly from a supplier.
6. Cancellation policy (only for consumers within the meaning of § 1 KSchG)
Cancellation Policy
6.1 You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you took possession of the goods..
6.2 If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.
We bear the costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
Please avoid damaging or contaminating the goods. Please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging.
Exclusions from the right of withdrawal
6.3 The right of withdrawal does not apply if the customer is an entrepreneur according to § 14 BGB. The right of withdrawal also does not apply to (1) contracts for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded; (2) contracts for the supply of sealed goods which, for reasons of health protection or hygiene, are unsuitable for return if their seal has been broken after delivery; (3) Contracts for the delivery of alcoholic beverages, the price of which was agreed at the time the contract was concluded, but which can be delivered no earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations on the market over which the entrepreneur has no influence (vin en primeur).
Template for cancellation form
6.4 If you want to revoke the contract, please fill out this form and send it back to us at Vinvie UG haftungsbeschränkt), Charlottenstrasse 3, 54295 Trier per post or by email to [email protected]:
Hiermit widerrufe(n) ich/wir (*) den von mir/uns (*) abgeschlossenen Vertrag über den Kauf der folgenden Waren (*)/ die Erbringung der folgenden Dienstleistung (*):
Bestellt am (*) / erhalten am (*):
Name des/der Verbraucher(s):
Anschrift des/der Verbraucher(s):
Unterschrift des/der Verbraucher(s) (nur bei Mitteilung auf Papier)
Datum _______________
(*) Unzutreffendes streichen.
7. Prices and shipping costs
7.1 The prices and shipping costs mentioned on the product page and/or in these general terms and conditions are in euros. All prices mentioned are only valid at the time of the order. The prices are final prices and contain price components. As a small business within the meaning of Section 19 (1) UStG, no sales tax is charged. The price per liter is also given.
7.2 Vinvie only offers delivery within the European Union. Vinvie does not currently offer shipping outside of European Union
7.3 Wines ordered from Vinvie are shipped by Vinvie and a shipping fee applies. The shipping fee includes costs for packaging and shipping. Details on the shipping costs can be found in the following table:
| Type of shipping | Shipping cost* |
| DHL, from 1 bottle | 4,30 EUR |
| From 89 EUR minimum order price | 0 EUR |
*Total shipping costs including postage and packing
8. Delivery
8.1 Delivery will be made to the delivery address you provided.
8.2 The availability of the goods results from the electronic catalogue. Delivery takes place within 2-5 business days, unless otherwise stated in the electronic catalogue. Deliveries are always made while stocks last. If, contrary to expectations, a product you have ordered is not available for reasons for which Vinvie or the supplier is not responsible, we will offer you a product of equivalent quality and price in place of the ordered product, which you are not obliged to accept. We will inform you immediately about the non-availability and, if necessary, immediately reimburse you for any payments already made.
8.3 If you set us a reasonable grace period with a threat of refusal after we have already failed to deliver within standard delivery period, you are entitled to withdraw from the contract after the expiration of this grace period.
8.4 If delivery delays are due to reasons for which we and the relevant suppliers are not responsible (force majeure, fault of third parties, etc.), the period will be extended appropriately. You will be informed of this immediately. If the causes of the delay last longer than four weeks after the conclusion of the contract, each party is entitled to withdraw from the contract.
8.5 By sending the order, the buyer agrees that the seller will forward the buyer’s e-mail address to DHL Vertriebs GmbH if the goods are shipped by DHL, so that DHL Vertriebs GmbH can inform the buyer about the expected delivery window for his shipment. The buyer can object to the disclosure of his e-mail address to the seller at any time. However, notification of the shipment status is then no longer possible. The objection should be sent to [email protected] or by telephone on +4915143474123
8.7 None of the conditions governing the delivery of the goods set out in this section affect your statutory right of withdrawal.
9. Reservation of proprietary rights
9.1 All deliveries from Vinvie, even if they take place directly from the relevant suppliers, are subject to Vinvie’s proprietary rights. Ownership of the delivered items only passes to you after full payment of the purchase price.
10. Payment
10.1 Payments for orders can be made by direct debit, PayPal, credit card or instant transfer.
10.2 If you are in arrears with the payment, Vinvie will, subject to the assertion of further rights, charge default interest of 5% above the respective base interest rate of the Deutsche Bundesbank (§ 288 Para. 1 BGB).
10.3 If a direct debit is not redeemed due to insufficient funds in the account or because you entered incorrect bank details, or if you object to the debit although you are not authorized to do so, you must bear the fees incurred as a result of the chargeback from the respective bank if you are responsible for this.
10.4 If a payment by SEPA direct debit has been agreed and you have issued a corresponding direct debit mandate, Vinvie will usually announce an upcoming direct debit together with the invoice (or via another communication channel agreed with you) no later than 1 (one) calendar day before the Due date of the direct debit (pre-notification). If the due date falls on a weekend or a holiday, the due date is shifted to the first following bank business day. Direct debit authorizations that have already been granted are considered SEPA direct debit mandates – Vinvie will confirm this to you in a separate email.
11. Protection of minors
11.1. In accordance with the Youth Protection Act, we only supply alcoholic beverages to persons over the age of 18. By completing the purchase on our website you confirm that you are 18 years old. In addition, if there is the slightest doubt, the deliverers are obliged to have the adult confirmed by showing their identity card.
12. Warranty
12.1 Your claims against Vinvie in the event of defects are based on the statutory provisions, unless the following regulations result in deviations.
12.2 Damage caused by improper or non-contractual measures during unpacking or storage by you does not justify a claim against Vinvie.
13. Liability
13.1 Vinvie is only liable, regardless of the legal reason, for damage caused by its employees and agents intentionally, through gross negligence or, in the event of a breach of an essential contractual obligation, through simple negligence. Any obligation is essential to the contract, the fulfillment of which enables the proper execution of the contract and the observance of which you can trust.
13.2 In the case of simple negligence according to Section 13.1, liability is limited to typical damage that was foreseeable at the time the contract was concluded or at the time the obligation was breached.
14. Usage rights
14.1 Vinvie can give you the opportunity to post your own content on the platform and thus make it publicly available. This own content is in particular customer reviews, photos and similar material, which may be protected by copyright. In order for Vinvie to be able to use such content as part of the operation of the sales platform, you must grant Vinvie rights in accordance with Section 14.2 below.
14.2 If you decide to post content (e.g. customer reviews) on the platform, you grant Vinvie a non-exclusive, non-transferable right of use, unlimited in time and place for the duration of the underlying right, to use the content for the purpose of operating the platform and the advertising for it. Vinvie will endeavor to always credit you as the author (unless you have indicated that you wish to remain anonymous), but reserves the right to abridge or omit this information. However, this does not entitle you to publication of the content, and Vinvie also reserves the right to change content.
14.3 You agree to indemnify Vinvie against any third-party claims made against Vinvie in connection with the content that you have posted on the Platform.
15. Collection, processing and use of personal data
15.1 We use your e-mail address collected through newsletter subscription in order to offer you our similar goods or services. You can object to this use of your e-mail address at any time without incurring any costs other than the transmission costs according to the basic tariffs. The easiest way to do this is to enter your e-mail address using the “Unsubscribe from the newsletter” link. You can also address your objection to: [email protected].
16. Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG
16.1 The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/ .Our e-mail address can be found in our imprint. Vinvie is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
17. Final Provisions
17.1 For contracts with registered traders, the place of jurisdiction for delivery and payment is Vinvie’s place of business, with the proviso that Vinvie is entitled to sue at its own choice at the place of business or at the location of your branch. If you do not have a place of jurisdiction in Germany or if you move your residence outside of the territory of the Federal Republic of Germany after the conclusion of the contract, Vinvie’s place of business is the place of jurisdiction. This also applies if your domicile is not known at the time the action is filed.
17.2 You can only offset counterclaims that are either undisputed, legally binding or ready for a decision.
17.3 German law applies. The provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply to the relationship between Vinvie and you.
17.4 Collateral agreements have not been made.
17.5 Should individual provisions of these general terms and conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining conditions.