General terms and conditions of business

General terms and conditions of business

As of August 2022

1. Scope

These General Terms and Conditions apply to all contracts concluded with “Vineria La Caleta” for the purchase and delivery of goods via our online shop at the internet address: www.vineria.caleta.de.

The inclusion of any customer's terms and conditions that conflict with these terms and conditions is hereby rejected.

2. Prices, shipping costs and shipping locations

The prices listed in the online shop include VAT. The prices valid at the time of ordering apply.

A shipping fee of €6.90 applies to every order for delivery within Germany. Orders over €100 qualify for free shipping.

Shipping is only available to delivery addresses within the Federal Republic of Germany.

3. Product range and delivery options from stock

The “Vineria La Caleta” does not guarantee delivery; despite sufficient stock, it may be possible that an item or a specific vintage of an item is sold out, or that we ourselves have received a different vintage of the item when our stock of an item was running out.

The goods offered are therefore non-binding as long as they have not become the subject of a contractual agreement.

4. Ordering process and contract conclusion

The presentation of products in the webshop does not constitute a legally binding offer to conclude a purchase agreement, but rather a non-binding online catalog; it is a non-binding invitation to order goods in the webshop.

Only persons aged 18 or over with a residential address in the Federal Republic of Germany may place an order or conclude a contract. Goods will only be shipped and delivered to persons aged 18 or over.

The “Vineria La Caleta” does not accept orders below a value of €25.

You can add items to your virtual shopping cart by clicking the "Add to cart" button. There, you can change the quantity of selected items by entering the desired amount and remove items from the cart by selecting "0". You can cancel the order process at any time by closing the browser window. To purchase the items in your cart, click the "Checkout" button. On the next page, enter the requested information and then click the "Proceed to shipping" button. On the following page, enter your shipping information. Then, click the "Proceed to payment" button to select your payment method on the next page. Clicking the "Review order" button will display your order. Before submitting your order, the displayed website gives you the opportunity to identify and correct any input errors before submitting your contractual declaration. Please review your order carefully. By clicking the payment button according to your selected payment method, you are placing a binding order for the items in your shopping cart. After submitting your order, you have the option to save or print it. Submitting the order constitutes a binding offer to conclude a purchase agreement for the ordered goods.

After your order has been successfully processed by the online shop, you will receive an order confirmation by email. This email will list your order details and include these Terms and Conditions, the cancellation policy, instructions, and a sample cancellation form as attachments. This order confirmation email does not yet constitute acceptance of your order; it merely serves to inform you that your order has been received.

The purchase agreement only comes into effect when the order is accepted by a separate declaration of acceptance via e-mail or by sending the goods.

You can save the terms and conditions and the data summarized during the order process in the online shop using your internet browser's functions. The order confirmation email also contains these terms and conditions, the cancellation policy, instructions, a sample cancellation form, and the order details; these can be printed or saved using your email program.

We save the contract text. Your order details are no longer accessible via the internet.

A contract can only be concluded in German.

5. Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise your right of withdrawal, you must inform us,

“Vineria La Caleta”

Owner: Domenico Bonfiglio

Phone:      0176 2296 1254

E-mail:        vineria@caleta.de

You must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax, or email). You may use the model withdrawal form below, but this is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of the revocation

If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our cheapest standard delivery option), without undue delay and no later than 14 days from the day on which we received your notification of withdrawal. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this reimbursement.

We may refuse reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You must return or hand over the goods to us without undue delay and in any event no later than 14 days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the 14-day period has expired. The costs of returning the goods will be borne by Vineria La Caleta . You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

6. Return in case of cancellation

Please return the goods to us, if possible, in their original packaging and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging to avoid claims for damages due to inadequate packaging.

7. Payments, delivery, delivery and retention of title

The “Vineria La Caleta” offers you the following payment options:

PayPal

Orders in the online shop can be paid easily and securely via PayPal. If you are a PayPal customer, you can log in with your user details and confirm the payment. If you are not yet a PayPal customer, you can register with PayPal, open an account, and then complete your purchase. Payment is due at the time of order placement. When using the payment service provider PayPal, payment processing is handled by PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, and is subject to the PayPal Terms of Use, which can be viewed at www.paypal.com.

credit card

Orders in the online shop can be paid for by credit card (Mastercard or Visa). When you submit your order in the online shop, the total amount of the order will initially be reserved on your credit card. The actual charge will be made shortly before the goods are shipped.

Until full payment is received, the ordered or delivered goods remain the property of “Vineria La Caleta” .

The ordered goods will be delivered to the address specified in the order immediately after payment has been received. You will also receive an email notification regarding the shipment and the expected delivery date. Delivery time depends on the respective terms and conditions of the delivery company. If delivery is not possible, you will receive a message from the delivery company outlining further options.

The delivery time will be extended appropriately in the event of any strikes and lockouts affecting delivery, as well as other circumstances beyond the control of "Vineria La Caleta" , in particular in cases of delivery delays due to force majeure.        

8. Unavailable goods

If an order is not accepted because, in exceptional circumstances, an ordered item or a specific vintage of an item is no longer available, you will be notified immediately. Any payments already made will be refunded in this case.

9. Warranty

In the case of defective goods , “Vineria La Caleta” adheres to the statutory warranty regulations, unless expressly agreed otherwise.

Please check the goods upon receipt for completeness, obvious defects, and transport damage, and notify us of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.

Vineria La Caleta guarantees that the goods are free from material and manufacturing defects at the time of delivery. Crystal precipitates (e.g., tartrate crystals) are a natural occurrence and do not constitute grounds for complaint. Wines with cork taint or other significant wine faults will be replaced up to a maximum of two years after purchase. In this case, please retain the opened bottle (including the cork), as we reserve the right to request it from you for examination.

10. Liability

Liability is unlimited for intentional acts and gross negligence, as well as in accordance with the Product Liability Act. Liability for slight negligence extends to damages resulting from injury to life, body, or health.

Furthermore, the following limited liability applies: In cases of slight negligence, liability arises only in the event of a breach of a fundamental contractual obligation, the fulfillment of which is essential for the proper performance of the contract and on which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies to vicarious agents.

Data communication via the internet cannot, according to the current state of technology, be guaranteed to be error-free and/or available at all times. Therefore , Vineria La Caleta accepts no liability for the constant and uninterrupted availability of the online shop, nor for any resulting delays in processing orders due to technical and/or electronic errors beyond Vineria La Caleta's control .

11. Data protection and information

By submitting the order, the customer authorizes Vineria La Caleta to process, store, evaluate, and use the data obtained in connection with the business relationship in accordance with data protection laws. The customer has the right to access, correct, block, and delete their stored data.

Customer data is treated confidentially and will not be shared with third parties. Details regarding the collection and use of your personal data can be found in our privacy policy.

12. Note regarding online dispute resolution procedures

The European Commission has provided a platform for online dispute resolution (ODR), which you can find at the following link: https://ec.europa.eu/consumers/odr/.

We are legally obliged to provide this information, but we do not participate in this type of dispute resolution.

13. Note regarding consumer dispute resolution procedures

The Act on Alternative Dispute Resolution in Consumer Matters (VSBG) stipulates that consumer arbitration boards can, upon application by a consumer, conduct proceedings for the out-of-court settlement of disputes arising from a consumer contract pursuant to Section 310 Paragraph 3 of the German Civil Code (BGB) or concerning the existence of such a contractual relationship.

We hereby declare: we are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

14. Our contact details

“Vineria La Caleta”

Owner: Domenico Bonfiglio

Phone:      0176 2296 1254

E-mail:        vineria@caleta.de

15. Jurisdiction, partial invalidity and applicable law

Only in business transactions with merchants and legal entities under public law is Berlin agreed as the place of jurisdiction for all legal disputes concerning these General Terms and Conditions and individual contracts concluded under their validity. In this case, we are also entitled to bring legal action at the customer's place of business. In business transactions with consumers, the statutory place of jurisdiction applies.

Should individual provisions of the purchase agreement and these General Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a provision that most closely reflects the parties' intent, taking into account the legal intent of both parties, without being invalid itself.

All legal transactions and other legal relationships are governed by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other international agreements, even after their incorporation into German law, do not apply. This choice of law applies only to the extent that it does not deprive the consumer of mandatory consumer protection provisions of the state in which the consumer has their habitual residence at the time of their order.