General Terms and Conditions
These general terms and conditions (hereinafter referred to as "GTC") apply to all contracts for the delivery of goods or services between the individual enterprice Alexey Sinelnikov, Jahnstrasse 17, 63533 Mainhausen - hereinafter referred to as the "provider" - and their respective contractual partner or company - hereinafter referred to as "customer".
The contractual partner ("provider") is:
§ 1 SCOPE
(1) For the business relationship between the provider and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
(2) The customer is a consumer insofar as the purpose of the goods and services ordered cannot be attributed to his commercial or independent professional activity (§ 13 BGB). In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity (§ 14 BGB).
(3) The contract language is German or English.
§ 2 ORDERING PROCESS / CONCLUSION OF CONTRACT
(1) Our presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. The customer can select products from the provider's range and place them in a so-called shopping cart using the "Add to cart" button. After the customer has been able to check his selection in the shopping cart again and has made any changes (e.g. with regard to the number of desired products), he confirms these with the "Checkout" button and gets to the billing and shipping address and the purchase process. Alternatively, the customer can choose to process the purchase using the “PayPal Checkout” button, then the details of the billing and shipping address are entered via the PayPal service provider.
(2) The customer then selects the payment method (see § 6 of the GTC) and can edit the entered information (billing and delivery address and payment method) again or, alternatively, edit his product selection in the shopping cart. Via the “Place Order” button, the customer submits a binding offer to purchase the goods in the shopping cart. However, the offer can only be submitted and transmitted if the customer has previously accepted the present contractual conditions by clicking on the box "I have read and accepted the terms and conditions, the cancellation policy and the data protection policy." The contract text is not saved by the provider and can no longer be called up after the order process has been completed. However, the customer can print out the order using the print function of his browser immediately before submitting it.
(3) The provider then sends the customer an automatic confirmation of receipt by email in which the customer's offer is listed again and which the customer can also print out.
(4) The provider's automatic confirmation of receipt only documents that the offer from the customer has been received by the provider and does not constitute acceptance of the offer. Order aknowledgment will be send within two working days or - should the delivery take place earlier than the usually expected receipt of the order confirmation - with delivery of the ordered goods.
(5) You can view the terms and conditions at any time at http://www.hiddentastes.eu.
§ 3 YOUTH PROTECTION
(1) By ordering alcoholic goods from Alexey Sinelnikov (Hiddentastes), you confirm that you have reached the age of 18. The customer is obliged to ensure that only he himself or persons of legal age authorized by him to receive the delivery accept the delivery of goods. The commissioned logistics service provider is entitled to request proof of age upon delivery.
(2) If a person under the age of 18 initiate orders, the provider hereby revokes the contract as a precaution in accordance with Section 109 of the German Civil Code (BGB). The persons of legal age who are entitled to custody or represent the minors ordering under false information are liable for all damage arising from orders made under false information in accordance with the statutory provisions.
§ 4 RETENTION OF TITLE
(1) The delivered goods remain the property of the provider until they have been paid for in full.
§ 5 WITHDRAWAL POLICY
(1) Consumers generally have a right of withdrawal.
(2) More detailed information on the right of cancellation can be found in the provider's withdrawal policy under https://www.hiddentastes.eu/withdrawal-policy
§ 6 PRICES AND PAYMENT
(1) The prices stated on the product pages at the time of the order apply. All prices are final prices, i.e. including the currently applicable statutory value added tax and, if applicable, a consumption tax. The shipping costs are not included in the purchase price. Additional costs for special deliveries or costs that arise as a result of multiple delivery attempts will be charged to the customer.
(2) In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which the provider is not responsible and which are to be borne by the customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
(3) Payment of the purchase price is due immediately upon conclusion of the contract.
(4) The payment option (s) will be communicated to the customer in the provider's online shop. You currently have the option to pay by PayPal, credit or debit card, bank transfer, prepayment, or in the case of self-collection or courier service in cash, credit or debitcard or PayPal.
• PayPal: When paying with PayPal, you will be forwarded directly to the PayPal page, where you log in with your access data and confirm the payment process. The amount will be debited immediately from your PayPal account. Any refunds will also be credited to your PayPal account.
• Prepayment: You transfer the invoice amount to our account Alexey Sinelnikov, DE34 1101 0101 5933 6557 51, BIC SOBKDEB2XXX and we will send your order as soon as the amount has been credited to our account.
• Payment for pick up by the customer: You have the option of pick up from Alexey Sinelnikov, Jahnstrasse 17, 63533 Mainhausen, Germany. We will inform you by e-mail as soon as your order is ready for pick up and will arrange an appointment with you. There are no shipping costs in this case. You can pay on site in cash, with PayPal, debit or credit cards.
• Payment for courier deliveries: from 60 euros within a 30 km radius you can also choose a courier service, which is usually delivered on the same day for orders placed before 12 noon. In this case, delivery costs are 5.90 euros or do not apply from an order value of 100 euros. You can pay for courier deliveries in cash, with PayPal, debit or credit cards.
(4) Offsetting is not permitted except in the case of undisputed or legally established counterclaims. The withholding of payments by the buyer due to counterclaims from other contractual relationships are excluded.
§ 7 DELIVERY AND SHIPPING CONDITIONS
(1) The shipping costs are given to the customer in the order form before the order is sent and are to be borne by the customer.
(2) We deliver to the following countries: Belgium, Bulgaria, Denmark (except Faroe Islands and Greenland), Finland (except Åland Islands), France (except overseas territories and departments), Greece (except Mount Athos), Great Britain (except Channel Islands and non-European regions) Areas), Ireland, Italy (except Livigno and Campione d'Italia), Croatia, Latvia, Lithuania, Luxembourg, Malta, Netherlands (except non-European areas), Austria, Poland, Portugal, Romania, Slovakia, Slovenia, Spain (except Canary Islands , Ceuta and Melilla), Switzerland, Czech Republic, Hungary, Cyprus (except Northern Cyprus)
When shipping outside of Germany, the corresponding shipping fee will be displayed in your shopping cart.
For orders that are sent outside of Germany, import taxes, customs duties and costs may be elevated by the country of destination. Import duties and taxes are elevated by the respective import customs office and are borne by the recipient. These are based on the import regulations of the recipient country. For more information, ask your local customs office.
(4) The goods are delivered by parcel post (usually with DHL, DPD or Hermes). If the customer is a consumer, the provider bears the shipping risk. If the customer is an entrepreneur, the statutory provisions apply (in particular § 447 BGB).
(5) The delivery time within Germany, unless otherwise stated in the offer, is approx. 3 to 5 working days, whereby delivery on Sundays and public holidays is excluded. When shipping abroad, the delivery time increases.
(6) If the customer is in default of acceptance or if he culpably breaches other obligations to cooperate, the provider is entitled to demand compensation for the damage incurred as a result, including any additional expenses. We expressly reserve the right to make further claims. Likewise, in the event of default in acceptance by the customer, the risk of accidental loss or deterioration of the item is transferred to the customer.
(7) If not all of the products ordered are in stock, we are entitled to make partial deliveries at our expense, provided this is reasonable for you. If there is a change in the vintage of wines and the old vintage is no longer available, we will supply you with the new vintage of the wine.
(8) Should the delivery of the goods fail through your fault despite two delivery attempts, we can withdraw from the contract. Any payments made will be reimbursed to you immediately, minus the expenses incurred due to incorrect delivery attempts.
(9) If the ordered product is not available because we are not supplied with this product by our suppliers through no fault of our own, we can withdraw from the contract. In this case we will inform you immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if you do not wish a comparable product to be delivered, we will immediately reimburse you for any consideration that has already been paid.
(10) Delivery on "commission": You can purchase wine from us for an event on "commission", which we then invoice according to consumption. From 36 bottles sorted in original cartons a purchase in "commission" is possible. Commissions cannot be discounted and must be returned undamaged and intact within 14 days of delivery / collection. Any delivery and collection costs incurred will be invoiced separately regardless of the value of the goods. If the return does not take place within 14 days, the amount for the entire delivery will be invoiced in full.
§ 8 LIABILITY FOR DEFECTS (WARRANTY)
(1) The provider is liable in accordance with the applicable statutory provisions .
(2) An additional guarantee exists for the goods delivered by the provider only if this was expressly granted in the order confirmation for the respective item, stating the respective guarantee conditions.
(3) Should a wine show serious defects, you will receive a replacement after consultation. According to international custom, no substitute can be made for individual cork-sick wines, especially since we are not bottlers. We ask non-shipping customers to return the bottle in question.
(4) Please notify the provider directly in the event of a wrong delivery, shortage or breakage.
§ 9 SELF-OBLIGATION CLAUSE
By submitting your offer, you confirm that you have reached the legally required minimum age to purchase alcoholic beverages in your country.
§ 10 REDEEMING PROMOTIONAL VOUCHERS
(1) Vouchers that are issued free of charge by the provider as part of promotions with a certain period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the providers online shop and only within the specified period.
(2) Individual products can be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the promotional voucher.
(3) Promotional vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible.
(4) The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the provider.
(5) If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the provider can be selected to settle the difference.
(6) The credit of a promotional voucher cannot be paid out in cash.
(7) The promotional voucher will not be reimbursed if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
(8) The promotional voucher is transferable. The provider can, with a discharging effect, make payments to the respective owner who redeems the promotional voucher in the provider's online shop. This does not apply if the provider has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner
§ 11 REDEEMING GIFT VOUCHERS
(1) Vouchers that can be purchased via the online shop of the provider (hereinafter "gift vouchers") can only be redeemed in the online shop of the provider or when they are picked up by the customer, unless otherwise stated in the voucher.
(2) Gift vouchers and remaining balance of gift vouchers can be redeemed by the end of the third year after the year in which the voucher was purchased. Remaining credit will not be credited to the customer until the expiration date.
(3) Gift vouchers can only be redeemed before completing the order process. Subsequent billing is not possible.
(4) Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
(5) If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the provider can be selected to settle the difference.
(6) The balance of a gift voucher will not be paid out in cash.
(7) The gift voucher is transferable. The provider can, with a discharging effect, make payments to the respective owner who redeems the gift voucher in the provider's online shop. This does not apply if the provider has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner.
§ 12 FINAL PROVISIONS
(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer to the exclusion of the UN sales law. This choice of law only applies to consumers insofar as they do not restrict any mandatory statutory provisions of the state in which they have their domicile or habitual residence.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is Mainhausen.
(3) The contract remains binding in its remaining parts even if individual regulations are legally ineffective. In place of any ineffective regulations, the statutory provisions apply, if they exist. As far as this would represent an unreasonable hardship for one of the contracting parties, the contract becomes ineffective as a whole.
§ 13 ALTERNATIVE DISPUTE RESOLUTION
(1) The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
(2) The provider is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
§ 14 NOTE
The colors of the products shown on the Internet can differ slightly from the original for various reasons (lighting conditions when recording, monitor settings, quality of the graphics card, etc.). The vintage information on the wine labels may differ from the vintage that is available. The year specified in the text is always valid. There may also be slight deviations in the presentation of the gift packages from the delivery status, as these are usually only sample images.
As of September 01, 2021