General Terms and Conditions

General terms and conditions of sale, delivery and payment for business and private Customers of the company Colovino Weinhandel – Grevenbroicher Str. 45, 50829 Köln Germany and the business to customer and business to business service provided through the online shops www.colovino.com and www.colovino.de (www.colovino.co.uk?).

1. Area of Validity

The general terms and conditions in the version valid at the time the order is placed exclusively apply for all business relations between us and contractors according to § 14 BGB as well as private customers via distance selling (directly through the online shops www.colovino.com and www.colovino.de (www.colovino.co.uk?) and through mail, e-mail, fax or phone).

Conflicting conditions or conditions divergent from these general terms and conditions are not accepted and are hereby emphatically objected to by us. We reserve the right to modify or amend these terms and conditions with an appropriate term of notice. Orders received previously will be processed in accordance with the general terms and conditions valid at the time the order was received.

2. Conclusion of a Contract

Orders may be placed by telephone, in writing (including e-mail and fax) or verbally. Confirmation of the receipt of the order does not constitute its acceptance. By clicking on the Order button, the customer makes a binding declaration of his or her intention to purchase the contents of the respective shopping basket. A contract is only concluded with and according to our confirmation of the order. The shipment confirmation, delivery of goods or billing counts as confirmation of order. We reserve the right to cut the order volume should usual quantities be exceeded or the amount not be available or not be available to the offered price. In the event a product is not available due to force majeure or exceptional circumstances then we will be released from the obligation to deliver should the impeding circumstances have occurred after the conclusion of a contract. The customer will be informed about this without delay and if the goods have already been paid for, this amount will be returned immediately. The contract language is German. German law is applicable; the place of jurisdiction is Köln (Cologne, Germany).

3. Pricing

Product prices are stated in euros (EUR or €), including VAT and exclusive of handling and shipping costs. The prices stated in our online shops at the time of the order shall apply. Any other taxes or levies, unless stated otherwise or agreed to in writing are not included.

4. Conditions of Payment

We offer the following payment options:

4.1 For new customers, we deliver only after pre-payment.

4.2 Delivery against Invoice/ Purchase order

In the case of delivery against an invoice, the invoice amount is payable on the payment date stated in the invoice (20 to 30 calendar days after the date of the invoice). The invoiced total is to be paid to our external partner Billpay GmbH (Link at www.billpay.de). The payment condition “delivery against invoice” is not available for all offers and is subject to a positive credit assessment by Billpay GmbH. Should the customer be offered “delivery against invoice” for certain offers, (after the positive credit assessment by Billpay GmbH) the transaction will be carried out in cooperation with Billpay GmbH to whom we assign the implementation of all payment claims. In this case the customer can make payments with debt-discharging effect only to Billpay GmbH. Even after “delivery against invoice” processing through Billpay GmbH we will continue to be responsible for general inquiries (e.g.: goods, time of delivery, dispatch), returns, complaints, notices of withdrawal or credits.

4.3 Payment with PayPal

4.4 Cash on collection

4.5 Purchase via debit, direct debit mandate, handling fees in the case of debit entries.

a) Purchase charges via direct debit mandate are immediately due for payment and will be carried out by our external partner Billpay GmbH (Link at www.billpay.de) and collected from the customers bank account registered during the purchase process. You hereby revocably authorize Billpay GmbH to collect due payments via direct debit mandate from your registered bank account. Should the account not have sufficient funds, there is no obligation for payment by the account keeping financial institution. Partial payments are not made as part of the direct debit process.

b) The payment condition “direct debit mandate” is not available for all offers and is subject to a positive credit assessment by Billpay GmbH and is only possible with a German bank account. Should the customer be offered “direct debit mandate” for certain offers, (after the positive credit assessment by Billpay GmbH) the transaction will be carried out in cooperation with Billpay GmbH to whom we assign the implementation of all payment claims. In this case the customer can make payments with debt-discharging effect only to Billpay GmbH. Even after “direct debit mandate” processing through Billpay GmbH we will continue to be responsible for general inquiries (e.g.: goods, time of delivery, dispatch), returns, complaints, notices of withdrawal or credits.

c) By registering your bank account, you confirm that you are entitled to authorize withdrawals from the bank account via debit entry and ensure sufficient funds. Returned direct debit causes extraordinary administrative procedures and costs to Billpay GmbH and us. In the case of returned direct debit (insufficient funds, termination of the bank account, unjustified objection by the bank account holder) you authorize Bill Pay GmbH to repeat the withdrawal from the bank account via debit entry. In such a case you are obliged to pay a processing fee of EUR 12,00 for each returned direct debit. Further claims are reserved. You are offered the opportunity to render the proof that less or no expenses incurred. In view of the efforts and costs arising from returned direct debit and to avoid the processing fee in the case of a revocation or withdrawal from the contract, a returned item or a complaint we ask you not to object to the direct debit mandate. In such a case, the unwinding of the settlement through refunding of the corresponding amount will be carried out after consulting with us.

5. Delivery Conditions

Deliveries are carried out by post or parcel service. Stocked items will by delivered within two working days, whereas the proper time of dispatching the items is relevant. Items not on stock will be delivered within a maximum of 12 working days unless stated otherwise. We reserve the right to make partial deliveries if this appears to us to be advantageous for quick processing of the order and corresponds to the customers wish or is reasonable toward him or her. In the case of subsequent deliveries within Germany there are no extra costs for the customer. Should the ordered items not be available on time the customer will be informed immediately. In this case you are free to wait for the ordered product or to cancel the order in accordance with your legal right of withdrawal. The right of withdrawal requires that the customer, upon ordering, set a delivery deadline or in the case of delivery problems set us an adequate subsequent delivery deadline with us letting the deadline pass. The underlying accepted standard is the understanding of traffic over loss of interest.

6. Transfer of risk

The risks of accidental loss or accidental deterioration shall transfer to the customer once the products have been handed over to the parcel service/ freight forwarder. This also, in the case of particular agreement, applies to deliveries by own vehicles, free of freight and packing and pick up by customer. In the latter case the risk is passed to the customer at the time he is notified that the shipment is ready for collection or delivery.

7. Reservation of Ownership, Set-Off, Right of Retention

(1) In the case of consumer contracts, goods remain our property until complete payment of the sales price has been received in full. In the case of contracts with entrepreneurs pursuing their commercial or independent professional activities, legal persons governed by public law or a special fund governed by public law, we reserve the right to our property until payment in full of all outstanding bills from business relations is received. The corresponding security rights may be transferred to a third party.

(2) The right to set off a claim is only given when your counterclaim has been legally proved or is uncontested or has been acknowledged by us. Moreover the customer has the right of set-off or retention only on condition that the customer's counter claim is based on the same contract.

(3) Should the customer be in delay with any payment obligations to all outstanding claims shall be due for immediate payment.

(4) We maintain the right of ownership of all goods supplied by us to the customer and goods the customer sells and delivers to third-party customers until the customer has met all demands and claims resulting from his or her business relationship with us. In the event of seizure of reserved goods by third parties the Customer shall be obliged to make reference to our property and shall inform us immediately. Should the Purchaser delay payment or otherwise not comply with essential contractual obligations, we are entitled to withdraw from the contract and demand the return of the reserved goods and/ or demand the transfer of the right to possession of the customer to a third party.

8. Warranty

We warrant that the goods are free of defect of quality at the time of delivery. The customer is obliged to inform us in writing without delay of any deficiency to quality, quantity or wrong delivery. This also applies in the case of hidden defects, from their discovery. §§ 377, 378 HGB is applicable.

9. Liability

Legal representatives, our agents or we are liable only in cases of gross negligence and intent on our part. The preceding does not apply to damages arising from injury to life, body or health, which can be attributed to a negligent violation of essential contractual obligations. Essential contractual obligations are obligations that enable the realization of the contract according to the rules in the first place and the observance of which the Purchaser relies on and may rely on regularly. In cases of gross negligence and intent on our part or damages arising from injury to life, body or health the extent of liability is limited to the type of damage that could reasonably be expected at the time of concluding the contract.

10. Data Privacy Protection

We need your name, address, delivery address and payment details for the processing of your orders. The personal data that you have given us will solely be used to process your orders. Depending on the order, it may be required to share the personal data with trade or service partners (e.g. financial institutions, Parcel Service). The customer has the right at all times to request free of charge information, correction, blocking or deletion of the stored data as far as it is not needed for order processing and unless we are legally obligated to save the data. We guarantee the security of your personal information and ensure compliance with all the relevant regulations of the Bundesdatenschutzgesetz (BDSG - German Federal Data Protection Act) and the Telemediengesetz (TMG German Telemedia Act). All Data will be deleted as soon as the storage purpose has ceased. In the case of legal or contractual retention periods, data is blocked instead. As far as we are legally obliged we will convey your data to entities, which are entitled to receive such data.

11. Final Provisions

The legal relationship between us and the contractual partner as well as the respective Terms and Conditions is subject to the law of the Federal Republic of Germany exclusively. The place of jurisdiction and place of fulfilment for delivery and payment is Köln (Cologne, Germany). All disagreements concerning the contract, as far as the contractual partner is a trader, will be determined or decided by the arbitrators or the court appointed at our discretion. A right of the customer to compensation does not exist, unless, the demand is undisputable and legally established. The Images of the wines can differ from the respective delivered wine, due to a new vintage for instance. The colours displayed on the Internet may differ from the original colours for various reasons (light conditions while photographing, monitor's colour settings, quality of the graphic card, etc.)