General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts concluded between you and us as the provider (VOTAGO GmbH) via the website www.bier-wein.de. Unless otherwise agreed, the inclusion of any terms and conditions used by you is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes which are predominantly neither attributable to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their self-employed professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject matter of the contract is the sale of goods.
(2) By listing the respective product on our website, we already make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.
After clicking the “Checkout” or “Proceed to order” button (or similar wording) and entering your personal details as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.
If you use an instant payment system as your payment method (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be directed to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, you will make the appropriate selection and/or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the provider of the instant payment system or after you are redirected back to our online shop.
Before submitting the order, you have the possibility to review the information in the order overview once again, to change it (also using the “back” function of your internet browser) or to cancel the order.
By submitting the order via the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “place order with costs”, “pay” / “pay now” or similar wording), you legally declare acceptance of the offer, thereby concluding the contract.
(4) Your enquiries regarding the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by e-mail), which you may accept within 5 days (unless a different period is stated in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that receipt of e-mails is technically ensured and, in particular, that it is not prevented by spam filters.
§ 3 Right of retention, retention of title
(1) You may exercise a right of retention only insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following shall also apply:
a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Prior to transfer of title to the reserved goods, pledging or transfer by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice total arising from the resale; we accept the assignment. You remain authorised to collect the claims. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be at our discretion.
§ 4 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us prior to submitting your contractual declaration and the deviation was expressly and separately agreed between the parties.
(4) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions or statements by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion by rectification or replacement delivery. If remedy of the defect fails, you may, at your discretion, demand a reduction of the purchase price or withdraw from the contract. Remedy of the defect shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification, we do not have to bear the increased costs resulting from transporting the goods to a location other than the place of performance, unless the transport corresponds to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. This reduction of the limitation period shall not apply:
- for culpably caused damages attributable to us resulting from injury to life, body or health, and for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- for items which have been used for a building in accordance with their customary manner of use and have caused its defectiveness;
- for statutory recourse claims which you have against us in connection with warranty rights.
§ 5 Choice of law
(1) German law shall apply. For consumers, this choice of law shall only apply insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.
§ 6 Protection of minors
(1) When selling goods subject to the German Youth Protection Act (Jugendschutzgesetz), we only enter into contractual relationships with customers who have reached the legally required minimum age. Existing age restrictions are indicated in the respective product description.
(2) By submitting your order, you confirm that you have reached the legally required minimum age and that your details regarding your name and address are correct. You are obliged to ensure that only you yourself or persons authorised by you to accept the delivery who have reached the legally required minimum age receive the goods.
(3) If we are obliged by law to carry out an age verification, we instruct the logistics service provider commissioned with the delivery to hand over the goods only to persons who have reached the legally required minimum age and, in case of doubt, to request the identity card of the person receiving the goods for age verification.
(4) If we state in the respective product description that you must be at least 18 years old to purchase the goods, the above paragraphs 1–3 apply with the proviso that, instead of the legally required minimum age, full legal age is required.
II. Customer information
1. Seller identity
VOTAGO GmbH
represented by the managing director Vera Reimann-Dubbers
Werner-von-Siemens-Straße 2
68519 Viernheim
Germany
Phone: 004962043053541
E-mail: support@votago.de
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2. Information on the conclusion of the contract
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the possibilities for correction are governed by the provisions “Conclusion of the contract” in our General Terms and Conditions (Part I).
3. Contract language, storage of the contract text
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser’s print function. After receipt of the order, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. In the case of requests for offers outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Essential characteristics of the goods or service
The essential characteristics of the goods and/or service can be found in the respective offer.
5. Prices and payment terms
5.1. The prices stated in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees charged by financial institutions), which are to be borne by you.
5.4. Incurred money transfer costs (transfer or exchange rate fees charged by financial institutions) shall be borne by you in cases where delivery is made to an EU Member State but payment is initiated outside the European Union.
5.5. The payment methods available to you are shown via a correspondingly labelled button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.
6. Delivery conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found via a correspondingly labelled button on our website or in the respective offer.
6.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment does not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commission a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
7. Statutory warranty rights
Warranty is governed by the provision “Warranty” in our General Terms and Conditions (Part I).
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts concluded between you and us as the provider (VOTAGO GmbH) via the website www.bier-wein.de. Unless otherwise agreed, the inclusion of any terms and conditions used by you is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes which are predominantly neither attributable to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their self-employed professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject matter of the contract is the sale of goods.
(2) By listing the respective product on our website, we already make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.
After clicking the “Checkout” or “Proceed to order” button (or similar wording) and entering your personal details as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.
If you use an instant payment system as your payment method (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be directed to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, you will make the appropriate selection and/or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the provider of the instant payment system or after you are redirected back to our online shop.
Before submitting the order, you have the possibility to review the information in the order overview once again, to change it (also using the “back” function of your internet browser) or to cancel the order.
By submitting the order via the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “place order with costs”, “pay” / “pay now” or similar wording), you legally declare acceptance of the offer, thereby concluding the contract.
(4) Your enquiries regarding the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by e-mail), which you may accept within 5 days (unless a different period is stated in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that receipt of e-mails is technically ensured and, in particular, that it is not prevented by spam filters.
§ 3 Right of retention, retention of title
(1) You may exercise a right of retention only insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following shall also apply:
a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Prior to transfer of title to the reserved goods, pledging or transfer by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice total arising from the resale; we accept the assignment. You remain authorised to collect the claims. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be at our discretion.
§ 4 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us prior to submitting your contractual declaration and the deviation was expressly and separately agreed between the parties.
(4) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions or statements by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion by rectification or replacement delivery. If remedy of the defect fails, you may, at your discretion, demand a reduction of the purchase price or withdraw from the contract. Remedy of the defect shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification, we do not have to bear the increased costs resulting from transporting the goods to a location other than the place of performance, unless the transport corresponds to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. This reduction of the limitation period shall not apply:
- for culpably caused damages attributable to us resulting from injury to life, body or health, and for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- for items which have been used for a building in accordance with their customary manner of use and have caused its defectiveness;
- for statutory recourse claims which you have against us in connection with warranty rights.
§ 5 Choice of law
(1) German law shall apply. For consumers, this choice of law shall only apply insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.
§ 6 Protection of minors
(1) When selling goods subject to the German Youth Protection Act (Jugendschutzgesetz), we only enter into contractual relationships with customers who have reached the legally required minimum age. Existing age restrictions are indicated in the respective product description.
(2) By submitting your order, you confirm that you have reached the legally required minimum age and that your details regarding your name and address are correct. You are obliged to ensure that only you yourself or persons authorised by you to accept the delivery who have reached the legally required minimum age receive the goods.
(3) If we are obliged by law to carry out an age verification, we instruct the logistics service provider commissioned with the delivery to hand over the goods only to persons who have reached the legally required minimum age and, in case of doubt, to request the identity card of the person receiving the goods for age verification.
(4) If we state in the respective product description that you must be at least 18 years old to purchase the goods, the above paragraphs 1–3 apply with the proviso that, instead of the legally required minimum age, full legal age is required.
II. Customer information
1. Seller identity
VOTAGO GmbH
represented by the managing director Vera Reimann-Dubbers
Werner-von-Siemens-Straße 2
68519 Viernheim
Germany
Phone: 004962043053541
E-mail: support@votago.de
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2. Information on the conclusion of the contract
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the possibilities for correction are governed by the provisions “Conclusion of the contract” in our General Terms and Conditions (Part I).
3. Contract language, storage of the contract text
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser’s print function. After receipt of the order, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. In the case of requests for offers outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Essential characteristics of the goods or service
The essential characteristics of the goods and/or service can be found in the respective offer.
5. Prices and payment terms
5.1. The prices stated in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees charged by financial institutions), which are to be borne by you.
5.4. Incurred money transfer costs (transfer or exchange rate fees charged by financial institutions) shall be borne by you in cases where delivery is made to an EU Member State but payment is initiated outside the European Union.
5.5. The payment methods available to you are shown via a correspondingly labelled button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.
6. Delivery conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found via a correspondingly labelled button on our website or in the respective offer.
6.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment does not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commission a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
7. Statutory warranty rights
Warranty is governed by the provision “Warranty” in our General Terms and Conditions (Part I).