The information provided in English is for guidance only, however, in case of any discrepancy, the information provided in the German document is the legally valid one. For the original document, please follow the link below: (link document in German).

GENERAL TERMS AND CONDITIONS

Information on legal regulations

Our general terms and conditions (GTC) comply with the applicable legal regulations. Status August 2020.

1. General, the scope of the GTC

1.1 All deliveries and services of www.vinscentwines.com, represented by Vinscent GmbH, Managing Directors: Emiliano Peris, Rosenthaler Str. 72A, 10119 Berlin, (hereinafter referred to as “Vinscent GmbH”), are based exclusively on the following General Terms and Conditions in their version valid at the time of order.

1.2 Customers within the meaning of these terms and conditions are both consumers and entrepreneurs. Consumers within the meaning of the General Terms and Conditions are natural persons who conclude contracts for a purpose that cannot be attributed to their commercial or professional activity. Entrepreneurs within the meaning of the Terms and Conditions are natural or legal persons or partnerships with legal capacity who are acting in the exercise of their commercial or independent professional activity by entering into a contract with us.

2. Conclusion of the contract and storage of the contract text

This is a sales contract, which is accepted by the acceptance of VInscent GmbH in the form of the dispatch e-mail or fax confirmation or the dispatch of the goods in the offer of the purchaser for the order.

We save the text of the contract and send you the order data and our terms and conditions by e-mail. You can also view the terms and conditions here at any time. For security reasons, your order data are no longer accessible via the Internet. The conclusion of a contract is only possible in German.

2.1. The presentation of the products in the online store is not a legally binding offer, but a non-binding online catalog. You can add products to your virtual shopping cart by clicking on the buttons “Order” or “Shopping Cart”. Before placing your order, you will be allowed to identify and correct any input errors before submitting your contractual declaration. Please check your order carefully. By clicking the “Buy Now” button you place a binding order for the goods contained in the shopping cart. You have the option of saving or printing your order after you have placed it. Confirmation of receipt of the order occurs immediately after submitting the order and does not yet represent an acceptance of the contract. We may accept your order by sending a shipping confirmation by e-mail within five working days. Delivered goods remain our property until full payment.

2.2. Once you have found the product you want, you can examine it more closely without obligation by clicking on the product name, the product image, or the “more information” button. By clicking on the “add to shopping cart” graphic, you can place the item in the shopping cart. You can view the contents of the shopping cart at any time and without obligation by clicking on the [My shopping cart] graphic. You can remove products from the shopping cart by clicking on the [remove] link or change the quantity by clicking on the [+ and -] graphic. If you wish to purchase the products in the shopping cart, click the [Checkout] button on the “Shopping cart” page.

In the course of the ordering process, you create a customer account, enter the order data and select the desired shipping and payment method. In the last step, you will receive an overview of your order data under “Check order” and can check and change all details again. You can also correct input errors by navigating backward in the browser or by canceling the order process and starting again from the beginning.

To complete your purchase, you must accept our General Terms and Conditions and click the [Buy Now] button. This sends the order to us.

2.3 With orders in our online store the contract is concluded with:

Vinscent GmbH
Rosenthaler StraBe 72 A, c/o St. Oberholz GmbH
10119 Berlin, Germany
Contact:
E-mail: info@vinscentwines.de
Represented by: Emiliano Peris
General Manager: Emiliano Peris

Registration:
Registration in the commercial register.
Register Court: Local Court Charlottenburg (a HRB 220992 B)
Registration number: HRB 220992 B

2.4 Youth Protection Act

By accepting the terms and conditions of Vinscent GmbH the purchaser confirms that he/she is of legal age (over 18 years). Vinscent GmbH points out that wine and wine containers may in principle only be delivered to persons over 18 years of age, i.e. the purchaser must ensure with the distribution that only persons of legal age accept the delivery. Under the law for the protection of minors, we only deliver alcoholic beverages to persons over 18 years of age.

Our packaging is marked with a notice that no deliveries are made to persons under 18 years of age. Furthermore, delivery persons are obliged to confirm the age of the majority by showing the identity card in case of the slightest doubt.

2.5 Packing units

Unless otherwise stated, all bottles contain 0.75 liters.

2.6 Food labeling

Further product information (food labeling) can be found at www.vinscentwines.de on the relevant article page.

2.7 Prices

All prices are gross unit prices. The prices include the legally valid value-added tax (VAT), which is shown separately on the invoice. The prices at the time of your order are valid. Therefore, all previous prices are invalid. You can find out the validity period of our limited offers where they are shown in the store. Despite careful stock selection, a special offer item may sell out earlier than expected. Therefore, we do not give any guarantee of delivery. The following applies: Only as long as stock lasts.

The basis for the calculation of the purchase price of the goods is the stated gross price (price including VAT at the respective statutory rate) per unit of goods and the number of units of goods.

3. Conditions of Service and Ordering

Terms of delivery

The minimum order value is only EUR 25.00 (plus shipping costs).

We deliver from 25.00 Euro purchase value within Germany for only 7.50 Euro.

We deliver from 100,00 Euro purchase value within Germany for free.

We deliver all wine packages free of charge.

Orders of 6 and 12 bottles of the same wine items are also delivered free of charge.

Delivery is made with DHL (Deutsche Post AG). Goods leave the warehouse five days a week, Saturdays and Sundays are normally not shipped. In the case of larger deliveries, the ordered goods can be delivered by forwarding agents.

All shipments are insured. If something does not work during shipment, you will receive a replacement promptly and at no additional cost. By using post-tested cartons, your delivery is protected in the best possible way during shipment.

Delivery will be made to the delivery address you provide. Unless otherwise stated, this will be the same billing address. If you wish to have a different delivery address than the billing address, please let us know when placing your order.

If you do not specify a particular delivery date, delivery will take place Monday through Friday. The delivery time of the ordered goods is 1 to 2 days*,**, starting from the conclusion of the contract. You will receive your goods no later than 4 days after your order if no other delivery time has been agreed upon. With the delivery, date wishes may result in additional costs. Please check directly upon receipt whether the packages are not damaged and whether you have received the right products in the right quantity. Please have the delivery person confirm any incorrect delivery or damage and then contact us. The legal warranty rights you are entitled to are not affected by this.

All items that are “in stock” are generally available for immediate delivery. Deviating delivery times are shown on the respective product pages.

In principle, all orders are shipped in one shipment. If we do not have all ordered products in stock, we are entitled to partial deliveries at our expense, provided this is reasonable for you.
If delivery of the goods fails despite three delivery attempts, we may withdraw from the contract. Any payment made will be refunded to you immediately.

If the ordered product is “not available” because it is not supplied to us by our suppliers through no fault of our own, we may withdraw from the contract. In this case, we will inform you immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if you do not wish to receive a comparable product, we will immediately refund any payments already made.

Under the law for the protection of minors, we only supply alcoholic beverages to persons over 18 years of age. Our packaging is marked with a notice that no deliveries are made to persons under 18 years of age. Furthermore, delivery persons are obliged to confirm the age of the majority by showing the identity card in case of the slightest doubt.

If the vintage of a wine ordered is no longer available, we reserve the right to deliver an equivalent or the next vintage.

* At the end of the year, the delivery may take a few days longer than expected.

** Due to workplace distancing measures and other measures related to the current COVID-19 pandemic, the delivery may be delayed up to a maximum of one day.

3.1 Overseas shipment

Upon request, we ship to many countries around the world. A special 24-hour service or an appointment service is not possible for overseas shipments.

Unfortunately, we cannot ship wooden crates abroad. Wines in wooden crates are repacked in cardboard boxes for shipping. If desired, wooden crates can be shipped separately.
For overseas shipments, you will have to pay higher shipping costs. For shipments to non-EU countries, additional taxes and fees apply, customs duties are already included in the shipping surcharges. Please ask our special foreign service at ausland@vinscentwines.de for advice.

The following table shows the countries that can be supplied at the moment. The prices listed are shipping surcharges to domestic shipping costs and are calculated per case (up to 12 bottles). From the 13th bottle onwards, the full surcharge will be charged again.

The delivery time for ordered goods is 5 to 7 days, in addition to the normal domestic delivery times from the conclusion of the contract. You will receive your goods no later than 10 days after your order if no other delivery time has been agreed upon. For Canada and the USA, the same delivery times apply as in Germany, i.e. 1 to 3 days delivery. Please do not fail to check the status of your delivery and make sure that the delivery person is informed of any incorrect or faulty deliveries and contact us afterward. The legal warranty rights you are entitled to are not affected by this.

4. Convenient payment

We use Stripe as our payment gateway, with a wide range of payment methods:

• Apple Pay

• • Bancontact
  • Credit Cards (Visa, MasterCard, American Express, Discover, Diners Club, JCB)
  • EPS     

• Giropay  

• Google Pay 

• • iDEAL
  • Adeudo directo SEPA

• Sofort 

• Klarna

If you pay by direct debit or credit card, your account will be debited within 1 to 2 days after receipt of the order. If you pay with Sofortüberweisung, you will be directed to the payment pages of the payment company from the order process, where you will make the payment yourself.

4.2 All delivered goods remain on our property until they have been paid for in full.

4.3 Credit card billing is handled by STRIPE, 510 Townsend St, San Francisco, CA 94103, USA.

Other means of payment, which may be accepted in the future, will be announced from time to time on our website. 

You decide how you want to pay. We will be happy to advise you.

5. Online dispute resolution

The European Commission offers an online dispute resolution platform (ODR platform), which can be found at https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board. The General Board of Consumer Arbitration (as of 01.01.2020: the Universal Arbitration Board) of the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de is responsible.

6. Right of revocation

You have the right to cancel this contract within 14 days without giving any reason. The revocation period is fourteen days from the day on which you or a third party appointed by you, other than the carrier, has taken or has taken possession of the last goods.
To exercise your right of revocation, you must send us a notice:
Vinscent GmbH
Rosenthaler Straße 72 A, c/o St. Oberholz GmbH
10119 Berlin, Germany

Contact:
E-mail: info@vinscentwines.de
By means of a clear statement (e.g. a letter sent by post, fax, or e-mail) about your decision to revoke this contract. For this purpose, you can use the downloadable cancellation form, which, however, is not mandatory. To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiration of the withdrawal period.

Exceptions to the right of withdrawal

The right of withdrawal does not apply to distance contracts for the delivery of audio or video recordings or software in a sealed package if the seal has been removed after delivery.
The right of withdrawal does not apply to contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.

Return process

To make the exchange effective, the return process is as follows:

Courier shipment. Through our courier company, complete the product return form and fill in the following information:

1. Personal data such as name, contact number, email address, etc.
2. Bottle numbering data
3. Bank details to return the money

Then follow the return link:

https://www.dhl.de/retoure/gw/rpcustomerweb/OrderEntry.action?hash=879b38f11d994719fc0b1ac3b75cea31d4c5d6673f14ddc693251597ea11012e

Fill in your data, generate the QR code and take the package to your nearest DHL Packet Station or Postal Service.

The costs are at our expense.

If it is a kit/pack, the return of the product will be complete and not per individual product.

In order to ensure the integrity of the product during the trip, the products must be returned in the same packaging in which they were received.

7. Warranty

The statutory warranty rights apply to all goods in our store.

8. Final clauses

Should individual provisions of this contract be ineffective in whole or in part, or should they lose their legal effectiveness at a later date, this shall not affect the validity of the remainder of the contract. In this case, the parties undertake to agree on a valid provision in place of the invalid provision which, as far as legally possible, comes as close as possible to the economic objective pursued by the invalid provision, taking into account the interests of the parties as expressed in this contract. The same shall apply insofar as the contract contains a loophole not foreseen by the parties. German law shall apply. The contractual language is German.

9. Customer service

You can send us an e-mail. Simply write to kundenservice@vinscentwines.de

10. Legal system, place of jurisdiction

10.1 German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

10.2 In the case of customers who conclude the contract for a purpose which cannot be attributed to professional or commercial activity (consumer), this choice of law shall not affect the mandatory provisions of the law of the state in which the customer has his habitual residence.

10.3 For all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is determined by the registered office of Vinscent GmbH.

11. Miscellaneous

11.1 The language of the contract is German.

11.2 If one or more provisions of this GTC are invalid, the remainder of the contract remains valid. Insofar as the provisions are ineffective, the content of the contract shall be governed by the statutory provisions.

Note

The colors of the products shown on the Internet may differ slightly from the original for various reasons (monitor settings, quality of the graphics card, etc.).

Copyright Vinscent GmbH

All articles, illustrations, and data published on this website are protected by copyright. Unless otherwise indicated, the image rights are the property of Vinscent GmbH. Any use not permitted by copyright law requires the prior consent of Vinscent GmbH. This applies in particular to duplication, editing, translation, storage, processing, or reproduction of content in databases or other electronic media and systems. Photocopies and downloads of web pages may only be made for personal, private, and non-commercial use.

User-generated content and copyrights

The registered customer grants Vinscent GmbH a simple right of use on the platform, free of charge and without license claims, for the content, texts, contributions, comments, and evaluations created by him in the online store at www.hoefferle.de.

The customer grants these exploitation and usage rights to Vinscent GmbH on a permanent basis and without spatial restrictions for use in the entire Internet presence of Vinscent GmbH, as well as for the description, presentation, and advertising of the displayed products or for publication in online offers of third parties. Vinscent GmbH also reserves the right to shorten these texts, contributions, comments, and evaluations if necessary.

The content, texts, contributions, comments, and evaluations are not sold, lent, leased, or otherwise transferred to third parties.

Errors, misprints, and price changes reserved. The photos of the wines may differ from the respective wines supplied, conditioned for example by label or vintage changes by the manufacturer.

Legal disclaimer

The information on these web pages is constantly checked and updated by Vinscent GmbH. However, despite all due care, the information may have changed in the meantime. Therefore, no liability or guarantee can be assumed for the topicality, correctness, and completeness of the information provided. The same applies to all websites referred to by hyperlink. Vinscent GmbH is not responsible for the content of websites reached via such links.

Terms and Conditions of Use

Copyright: The content and structure of our website are protected by copyright. All rights are reserved. Information or data (text, images, graphics, sound files, video, or animation) from the website www.vinscentwines.de may not be used, exploited, or published in whole or in part without the prior written consent of Vinscent GmbH.