General Terms and Conditions:
. Applicability
The General Terms and Conditions apply to all quotations, agreements and deliveries of winepz.com, unless otherwise expressly agreed in writing.
If the Customer includes in its order, confirmation or communication terms or conditions that differ from or imply acceptance of the General Terms and Conditions, these terms or conditions shall only be binding on winepz.com if and when they are expressly accepted by winepz.com in writing.
Offer
If an offer is valid for a limited period or is subject to conditions, this shall be expressly stated in the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough for the Customer to be able to evaluate the offer properly. If winepz.com uses images, these are true representations of the products and/or services offered. The colours of the photographs may differ from the actual colours of the goods. This may occur due to the Customer’s screen settings. Obvious errors or mistakes in the offer will not be binding on winepz.com.
Agreement
Subject to the provisions of paragraph 4, this Agreement is concluded when the Customer accepts the offer and complies with the conditions set out therein.
If the Customer accepts the offer electronically, winepz.com will immediately confirm receipt of the acceptance of the electronic offer. As long as receipt of this acceptance has not yet been confirmed, the Customer may terminate this Agreement.
If this Agreement is concluded electronically, winepz.com will take appropriate technical and organizational measures to ensure the security of the electronic transmission of data and to ensure a secure network environment. If the Customer can pay electronically, winepz.com will take appropriate security measures.
winepz.com may ask the Customer within the legal framework whether it is able to fulfill its payment obligations and all facts and factors that are important for the responsible conclusion of a remote agreement. If, based on this investigation, winepz.com has sufficient reasons not to conclude this Agreement, the Customer is entitled to refuse the order or request and state the reasons, or to attach special conditions to its execution.
Right to withdraw upon delivery of products
When purchasing products, the Customer has the option of terminating this Agreement within 14 days without giving reasons. This period starts to be calculated from the day after the Customer or the Customer’s representative receives the products.
During this period, the Customer shall handle the products and packaging with care. The Customer will only open the packaging or use the products to the extent necessary to assess whether the Customer wishes to keep the products. If the customer exercises the right of withdrawal, the customer will return the product together with all accessories provided (if reasonably possible) in its original condition and packaging to winepz.com in accordance with reasonable and clear instructions provided by winepz.com
Cost of withdrawal
If the customer has paid a certain amount, winepz.com will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.
Exclusion of right of withdrawal
If the customer does not have a right of withdrawal, winepz.com can only exclude this right if winepz.com has clearly stated it in the offer at least in good time before entering into the agreement.
The right of withdrawal only applies to products that are
b. obviously personal in nature;
c. cannot be returned due to their nature;
Price
During the validity period stated in the offer, the prices of the products and/or services provided will not increase, except for price changes due to changes in the VAT rate and any other taxes that may be imposed by the government.
The prices stated in the offer for products or services are inclusive of VAT.
An agreement can only be entered into after winepz.com has accepted the order. winepz.com is entitled to reject an order for reasons or to impose certain conditions on delivery, unless expressly stated otherwise. If an order is not accepted (e.g. due to previous fraud, credit checks and/or blacklisting), winepz.com will inform you within two (2) working days of receipt of the order.
Conformity and Warranty
winepz.com warrants that the products and/or services conform to the specifications, reasonable requirements for reliability and/or availability set out in the Agreement, the Offer and the conditions as of the date of the Offer. This Agreement is subject to existing legal provisions and/or government regulations.
Guarantee arrangements provided by the manufacturer or importer of winepz.com do not affect the rights and claims asserted by the customer against winepz.com for defects in the performance of winepz.com’s obligations under the law and/or distance contracts.
Submitted complaints and/or comments will be responded to as soon as possible, but no later than 14 days from the date of receipt. If the response requires a foreseeable longer processing time, winepz.com will respond within 14 days, with a receipt, and indicate when the customer can expect a more detailed response.
Delivery and Execution
winepz.com will exercise the utmost care in receiving and executing orders for products and in evaluating applications for the provision of services.
The place of delivery is the address notified by the Customer to the Company.
The Website shall clearly specify how and within what period the products will be delivered, promptly before the conclusion of this Agreement. If no delivery period is agreed or specified, the products will in any case be delivered within 30 days.
If winepz.com is unable to deliver the products within the agreed period, it will inform the Customer. In this case, the Customer may agree to a new delivery date, or the Customer may choose to terminate this Agreement free of charge.
Taking into account the provisions of Article 4 of these General Terms and Conditions, the Company will execute accepted orders promptly, but no later than 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if the order cannot be fulfilled or can only be partially fulfilled, we will inform the Customer within one month of the Customer’s order. In this case, the Customer is entitled to terminate this Agreement free of charge. However, in this case, the Customer shall not be entitled to any compensation.
Unless expressly agreed otherwise, the risk of damage and/or loss of the products shall be borne by winepz.com before delivery to the Customer.
Unless expressly agreed otherwise, the risk of damage and/or loss of products returned to winepz.com before delivery to winepz.com is borne by the customer.
Payment
Unless otherwise agreed, payment for orders is always due in full in advance; directly online by credit card (Eurocard and Visa) or iDEAL, subject to approval by the payment intermediary. No additional fees are charged for online payments.
The customer is obliged to immediately report any inaccuracies in the payment details provided or stated to winepz.com.
winepz.com accepts payment using VISA and MASTERCARD. If you choose to pay by credit card, the amount will be debited from your account immediately after confirmation of payment.
Exchange and Return Procedure
winepz.com has a fully disclosed exchange and return procedure, click here for a detailed description of the exchange and return procedure for winepz.com online store orders.
If the customer does not want to purchase the product for any reason, the customer has the right to return the product to winepz.com within 30 days of delivery. During this period, the customer will handle the product and packaging with care. The Customer will only open the packaging or use the Products to the extent necessary to assess whether the Customer wishes to keep the Products.
If the Customer exercises the right of withdrawal, the Customer will return the Products together with all accessories provided (if reasonably possible) in their original condition and packaging to winepz.com in accordance with reasonable and clear instructions provided by winepz.com.
winepz.com will refund the amount paid directly to the Customer’s bank account within 14 days after the Products have been returned in good condition, using the same payment method as used for payment.
Force Majeure
In the event of force majeure, winepz.com is entitled to suspend the execution of the order or terminate the agreement at its sole discretion, without judicial intervention, by notifying it in writing, and winepz.com is entitled not to incur any obligation for any compensation, unless this is unacceptable in the specific circumstances according to reasonable and fair standards. Force majeure refers to any defect that cannot be attributed to winepz.com because it is not winepz.com’s fault and is not winepz.com’s responsibility according to law, legal acts or generally accepted opinion.
Privacy
winepz.com does not sell customer data to third parties and only provides it to third parties if it is necessary for them to perform work for us or to comply with legal requirements. Click here for a detailed description of the privacy statement.
Others
If an address is provided to winepz.com in writing, winepz.com is entitled to send all orders to that address, unless winepz.com has received written notification that the order should be sent to another address.
winepz.com is permitted to deviate from these general terms and conditions for a short or longer period, whether by default or not, which does not affect its right to demand immediate and strict compliance with these general terms and conditions. No rights can be asserted based on the fact that winepz.com has applied these general terms and conditions flexibly.
If one or more provisions of these general terms and conditions or any other agreement concluded with winepz.com conflict with any applicable legal provisions, the relevant provisions will become invalid and will be replaced by new, legally permitted, similar measures, which are provided by courier. Changes will not affect other provisions in the general terms and conditions.
winepz.com is authorized to use third parties to enforce this agreement.
Applicable Law and Jurisdiction
All rights, obligations, offers, orders and agreements to which these General Terms and Conditions apply and these General Terms and Conditions are governed by the law. All disputes between the parties will be submitted exclusively to the courts of competent jurisdiction.
