1. General

– These general terms and conditions (GTC) apply to all contracts concluded with Maisonvin GmbH.

– Maisonvin GmbH is only liable under the following conditions.

Differing conditions from the buyer do not apply even if Maisonvin GmbH received them later and Maisonvin GmbH did not object to them. Agreements that deviate from or supplement the terms and conditions of Maisonvin GmbH are possible provided that Maisonvin GmbH has given their consent.

– Place of performance is Aldenhoven. The exclusive place of jurisdiction for all current and future claims arising from the business relationship with merchants, including bills of exchange and check claims, is the registered office of Maisonvin GmbH. In any case, the validity of German law is agreed. The place of jurisdiction of Maisonvin GmbH also applies if the contractual partner, unless he is a consumer, has moved his place of residence outside of Germany after conclusion of the contract or if the same is not known.

– This also applies if the buyer does not have a general place of jurisdiction in Germany, moves his place of residence or usual place of residence outside the country after the contract has been concluded or his place of residence or usual place of residence is not known at the time the action is filed. Furthermore, for claims by the seller against the buyer, the seller's place of residence is the place of jurisdiction.

- The business partner recognizes these terms and conditions and agrees to the terms and conditions when concluding a contract with Maisonvin GmbH.

- Maisonvin GmbH can change these terms and conditions at any time. The General Terms and Conditions apply in the version current at the time the contract is concluded.

- Each new price list replaces the previous price list, the validity of which expires at the same time.

- Under https://ec.europa.eu/consumers/odr/ You can find the platform for online dispute resolution provided by the European Commission.

We do not undertake to participate in a dispute resolution procedure before the consumer arbitration board of the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de we are still ready for it.

2. Our offer

– While offers are generally non-binding, orders are considered in the order in which they are received. To accept an order, either the written order confirmation or invoice from Maisonvin GmbH is required.

– The wines listed can only be complained about if promised characteristics do not apply. We will endeavor to describe the condition of the wines as accurately as possible, but no guarantee can be given regarding the quality of wine, champagne and spirits. Photos of the wines on offer are available at any time upon request. The condition of the bottles depends on conditions beyond our control. With old bottles there is e.g. B. there is always the risk of a faulty cork. Over time, corks lose their elasticity and can break, which can also happen during or after transport. We assume no responsibility for these risks.

3. Payment Terms

– Minimum order value 250 EUR net

– The prices in the online shop are in euros (€) including the statutory German VAT (currently 19%) per bottle or piece.

– For items marked with “!”, the VAT certificate in accordance with §25a UStG differential taxation is omitted upon request, i.e. the 19% VAT does not apply!

– The prices apply ex warehouse Aldenhoven and do not include packaging, loading, transport, insurance and similar services, unless this is contradicted by legal regulations regarding transactions with consumers or distance selling.

(See 4th delivery)

– The purchase price is to be paid without deduction upon receipt of the invoice. Unauthorized deductions will be requested back. If the buyer does not pay 2 weeks after receipt of the invoice, Maisonvin GmbH is entitled to withdraw from the contract without a reminder or setting a grace period, to demand compensation for non-fulfillment and to put the goods back on sale. The goods remain the property of Maisonvin GmbH until full payment has been made.

– A processing fee of EUR 11.90 including VAT plus the bank fees incurred will be charged for return direct debits caused by the customer. The same fee per invoice is due when processing a VAT refund.

– Maisonvin GmbH only delivers after receipt of the purchase price including shipping costs (advance payment reservation).

– If the buyer is more than 2 weeks late in fulfilling his payment obligations to a significant extent (10% or more) for a reason for which he is responsible, the entire claim becomes due, even if installment payment agreements have been made. During the default, interest must be paid on the outstanding claim in accordance with the statutory provisions.

– Complaints about invoices must be made in writing and no later than 8 days after receipt of the invoice, unless other legal regulations apply to consumers.

– Withholding payments or offsetting due to any non-legal counterclaims of the buyer disputed by Maisonvin GmbH is not permitted.

4. Delivery/Transportation

– Transport damage in legal transactions with contractual partners who are not consumers must be certified by the respective carrier upon delivery and reported to Maisonvin GmbH immediately, otherwise claims for transport damage are excluded.

– Transport insurance can be taken out at the buyer’s request and at his own expense. Postal parcels are insured up to a value of Euro 500.00 per parcel. We would like to point out that the risk of loss or damage to the wines is transferred to the freight forwarder or the customer upon handover. In the event of transport damage, you are only entitled to insurance if you have the damage certified by the transporter or freight forwarder upon delivery and notify us within one week. Defects or shortages discovered subsequently cannot be complained about.

Shipping conditions:

- Shipping costs are borne by the buyer. The delivery occurs normally with the package service. For larger shipments and formats, Maisonvin GmbH reserves the right to deliver by freight forwarder or multi-package shipments.

– Shipping costs can be found in our shipping conditions

– We would be happy to inform you about shipping costs for shipments that are handled separately (e.g. special formats) or deliveries to other countries at: Tel. +49 (0)2464 / 97 98 355.

– The seller endeavors to keep the number of packages per shipment as small as possible

– By placing an order, you accept these terms and conditions and certify that you are at least 18 years old. The customer is obliged to ensure that only he himself or adult persons authorized by him to accept the delivery accept the delivery of goods. When delivering, our logistics partner is entitled to request proof of age.

– A combination with other orders is not possible. When paying from abroad, the buyer bears all additional costs, such as bank charges and transfer fees.

– The delivery times stated by Maisonvin (unless otherwise agreed 3-5 working days after receipt of the purchase confirmation) are non-binding. If a delivery deadline is exceeded by more than 6 weeks, the buyer has the right to set a reasonable grace period. After the grace period has expired, both contracting parties can withdraw from the contract. Claims for damages are excluded, except in cases of gross negligence or intent on the part of the seller or a vicarious agent. Maisonvin GmbH assumes no liability for delays outside of Maisonvin GmbH’s area of ​​responsibility.

– Cases of force majeure, which are circumstances and events that cannot be prevented with the care of proper business management, suspend the contractual obligations of the parties for the duration of the disruption and to the extent of its effect. If the resulting delays exceed six weeks, both contracting parties are entitled to withdraw from the contract with regard to the affected scope of services. There are no other claims.

– In the case of on-demand delivery, the buyer must retrieve the purchased items within 2 weeks of the conclusion of the contract. If the buyer does not comply with this obligation, the buyer must pay storage fees of 1% of the total purchase price to Maisonvin GmbH monthly, but at least EUR 30.00 per month, without prejudice to the assertion of the costs actually incurred without proof. The buyer has the right to prove that Maisonvin GmbH's costs are lower than the above flat rate.

- If the order cannot be delivered due to breakage in storage or transport or theft, the buyer is entitled to a refund of the purchase price, but not to delivery of the bottles. There is no entitlement to real replacement.

5. Retention of title

– The goods sold to commercial resellers remain the property of Maisonvin GmbH until all claims of Maisonvin GmbH against the buyer have been paid in full, in particular payment of the purchase price including additional costs as well as any claims from other contracts, and in the case of payment by bill of exchange or check until they have been redeemed , even if claims from other contracts only arose after delivery. In the case of current invoices, the reserved ownership serves as security for the respective balance claims of Maisonvin GmbH.

– The goods sold to end consumers remain the property of Maisonvin GmbH until the claims of Maisonvin GmbH against the buyer that existed at the time of conclusion of the contract have been paid in full, in particular payment of the purchase price including additional costs and, in the case of payment by bill of exchange or check, until they have been redeemed.

– In the event of resale or processing of the items subject to retention of title, the commercial buyer assigns in advance to Maisonvin GmbH the claims to which he is entitled under the contract. The buyer is authorized to collect these for our account until the suspension of his payments to us is revoked. The buyer is also not authorized to assign these claims for the purpose of collecting claims by way of factoring, unless this simultaneously establishes the factor's obligation to provide consideration directly to us in the amount of our share of the claim for as long as we still have claims against us pass the buyer.

– The buyer is prohibited from pledging or transferring the goods subject to retention of title as security. In the event of seizure, confiscation or other dispositions by third parties, he must ward off the measure, immediately notify Maisonvin GmbH of this and immediately hand over the documents necessary to enforce its rights against third parties.

– The buyer must grant Maisonvin GmbH free access to the items delivered by him under retention of title.

– The assertion of retention of title and the seizure of the goods by Maisonvin GmbH does not constitute withdrawal from the contract.

6. Warranty

- Maisonvin GmbH is liable for defects in the goods purchased by it in accordance with legal regulations. In the event of a complaint, the opened, resealed original bottle and the original cork must be returned, whereby the contents of the bottle may only be missing to the extent that this is caused by the defect. Age-appropriate changes in the taste and color of the natural products wine, sparkling wine, champagne and spirits do not constitute defects.

7. Cancellation policy

Right of withdrawal:

- A consumer as a contractual partner within the meaning of Section 13 of the German Civil Code (BGB) has a right of withdrawal in accordance with the statutory provisions.

- You can revoke your contractual declaration within two weeks without giving reasons in text form (e.g. letter, email) or - if the item is left to you before the deadline - by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations in accordance with Section 312c Paragraph 2 of the German Civil Code (BGB) in conjunction with § 1 paragraph 1, 2 and 4 BGB-InfoV. To meet the cancellation deadline, it is sufficient to send the cancellation or the item in a timely manner. The revocation must be sent to: MaisonVin – vins par excellence GmbH, Siersdorfer Str. 6(c), 52457 Aldenhoven or email info@maisonvin.com.

Consequences of revocation:

- In the event of an effective revocation, the services received by both parties must be returned and, if necessary, any benefits derived (e.g. interest). If you cannot return the service received to us in whole or in part or only in a deteriorated condition, you may have to pay us compensation. This does not apply to the transfer of items if the deterioration of the item is solely due to their inspection - as would have been possible in a store. Furthermore, you can avoid the obligation to pay compensation for deterioration caused by the intended use of the item by not using the item as your own property and refraining from anything that would impair its value. Items that can be sent as parcels must be returned at the buyer’s expense. Obligations to refund payments must be fulfilled within 30 days. The period begins for you when you send your cancellation declaration or the item, and for us when we receive it.

8. Special export rules

- Maisonvin GmbH sells the wines, champagne and other spirits offered exclusively ex works Aldenhoven/Germany. German law applies exclusively to the offer and sale (with the exception of the UN Convention on Contracts for the International Sale of Goods). The contractual partners of Maisonvin GmbH are advised that the export and/or offering and/or distribution of the wines, champagne and other spirits offered and sold by Maisonvin GmbH to countries outside the EU (in particular to the USA) could possibly violate the rights of third parties, particularly trademark rights. Maisonvin GmbH assumes no liability for any damages or costs etc. that arise if the wines, champagne and other spirits offered by Maisonvin GmbH or purchased from Maisonvin GmbH are exported to countries outside the EU or are offered or sold there.

Disclaimer

Liability for content

- The contents of our pages were created with great care. However, we cannot guarantee that the content is correct, complete or up-to-date.

- As a service provider, we are responsible for our own content on these pages in accordance with general laws in accordance with Section 7 Paragraph 1 TMG. However, according to Sections 8 to 10 TMG, as a service provider we are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with general law remain unaffected. However, liability in this regard is only possible from the time of knowledge of a specific legal violation. If we become aware of any corresponding legal violations, we will immediately remove this content.

Liability for links

- Our offer contains links to external third-party websites over whose content we have no influence. We therefore cannot assume any liability for this external content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not apparent at the time of linking. However, permanent control of the content of the linked pages is unreasonable without concrete evidence of a legal violation. If we become aware of any legal violations, we will immediately remove such links.

Copyright

- The content and works on these pages created by the site operators are subject to German copyright law. Reproduction, processing, distribution and any kind of exploitation outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this page are only permitted for private, non-commercial use. If the content on this site was not created by the operator, the copyrights of third parties are respected. In particular contents of third parties are marked as such. Should you nevertheless become aware of a copyright infringement, we ask that you notify us accordingly. If we become aware of any legal violations, we will immediately remove such content.

Data protection

- The use of our website is generally possible without providing personal data. As far as personal data (e.g. name, address or email addresses) is collected on our pages, this is always done, as far as possible, on a voluntary basis. This data will not be passed on to third parties without your express consent.

- We would like to point out that data transmission over the Internet (e.g. when communicating via email) can have security gaps. Complete protection of data from access by third parties is not possible.

- The use of contact details published as part of the imprint obligation by third parties to send unsolicited advertising and information materials is hereby expressly prohibited. The operators of the pages expressly reserve the right to take legal action in the event of unsolicited advertising information being sent, such as spam emails.

MaisonVin – vins par excellence GmbH

Siersdorfer Str. 6(c)

52457 Aldenhoven, Germany

Mail: info@maisonvin.com