General Terms and Conditions with Customer Information

Table of contents

1. scope
2. conclusion of the contract
3. right of withdrawal
4. Prices and payment terms
5. delivery and shipping conditions
6. granting of usage rights for digital content
7. retention of title
8. liability for defects (warranty)
9. Special conditions for the processing of goods according to specific customer specifications
10. redemption of promotional vouchers
11. redemption of gift vouchers
12. Applicable Law
13. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Vinomara (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby contradicted, unless otherwise agreed.

1.2 These Terms and Conditions shall apply accordingly to contracts for the delivery of digital content, unless expressly provided otherwise.

1.3 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.

1.4 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.5 Digital content within the meaning of these Terms and Conditions is all data not stored on a physical data carrier, which is produced in digital form and provided by the Seller subject to the granting of certain rights of use as more precisely regulated in these Terms and Conditions.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing will be carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text available beyond this.

2.6 Before submitting the binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which helps to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not members of a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller’s online shop.

4.4 If the payment method "SOFORT" is selected, payment processing will be carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", identify themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction will then be carried out immediately by "SOFORT" and the customer's bank account will be debited. The customer can find more information about the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.

4.5 If you select a payment method offered via the "Shopify Payments" payment service, payment processing will be carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services for which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

4.6 If the payment method "PayPal invoice" is selected, the seller assigns his payment claim to PayPal. Before accepting the seller's declaration of assignment, PayPal carries out a credit check using the customer data transmitted. The seller reserves the right to refuse the customer the payment method "PayPal invoice" if the result of the check is negative. If the payment method "PayPal invoice" is approved by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receiving the goods, unless PayPal specifies a different payment deadline. In this case, the customer can only pay to PayPal with a debt-discharging effect. However, even in the event of the assignment of claims, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations of revocation and revocations or credit notes. In addition, the general terms and conditions for the use of PayPal's purchase on account apply; these can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4.7 If the payment method "PayPal direct debit" is selected, PayPal will debit the invoice amount from the customer's bank account on behalf of the seller after issuing a SEPA direct debit mandate, but not before the expiry of the advance notification period. Advance notification ("pre-notification") is any communication (e.g. invoice, policy, contract) to the customer that announces a debit via SEPA direct debit. If the direct debit is not honored due to insufficient account funds or due to incorrect bank details being provided, or if the customer objects to the debit even though he is not entitled to do so, the customer must bear the fees incurred by the respective credit institution for the chargeback if he is responsible for this.

4.8 If you select the direct debit payment method via Stripe, payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). In this case, Stripe will debit the invoice amount from the customer's bank account on behalf of the seller after issuing a SEPA direct debit mandate, but not before the expiry of the advance information period. Advance information ("pre-notification") is any communication (e.g. invoice, policy, contract) to the customer that announces a debit via SEPA direct debit. If the direct debit is not honored due to insufficient account funds or due to incorrect bank details being provided, or if the customer objects to the debit even though he is not entitled to do so, the customer must bear the fees incurred by the respective credit institution for the chargeback if he is responsible for this. The seller reserves the right to carry out a credit check if the SEPA direct debit payment method is selected and to reject this payment method if the credit check is negative.

4.9 If you select the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.

4.10 If you select a payment method offered via the "Klarna" payment service, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found in the seller's payment information, which can be viewed at the following internet address:

https://uniheart.de/pages/paymentinformationsseite

5) Delivery and shipping conditions

5.1 The delivery of goods takes place by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of delivery if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provisions in the seller's cancellation policy apply to the return costs.

5.3 Self-collection is not possible for logistical reasons.

5.4 Digital content will be provided to the customer exclusively in electronic form as follows:

- by email

5.5 Vouchers are provided to the customer as follows:

- by email

6) Granting of rights of use for digital content

6.1 Unless otherwise stated in the content description in the Seller’s online shop, the Seller grants the Customer the non-exclusive, geographically and temporally unlimited right to use the content provided for private and business purposes.

6.2 The transfer of the contents to third parties or the creation of copies for third parties outside the scope of these General Terms and Conditions is not permitted unless the Seller has agreed to a transfer of the contractual license to the third party.

6.3 The granting of rights only becomes effective when the customer has paid the contractually owed remuneration in full. The seller can also provisionally permit the use of the contractual content before this point in time. Such provisional permission does not result in a transfer of rights.

7) Retention of title

If the seller makes advance payments, he reserves title to the delivered goods until the purchase price owed has been paid in full.

8) Liability for defects (warranty)

8.1 If the purchased item is defective, the provisions of statutory liability for defects apply.

8.2 If the customer is acting as a consumer, he is requested to complain to the deliverer about goods that have obvious transport damage and to inform the seller of this. If the customer does not do so, this will have no effect on his legal or contractual claims for defects.

9) Special conditions for the processing of goods according to specific customer specifications

9.1 If, according to the content of the contract, the seller is obliged to process the goods in accordance with specific specifications of the customer in addition to delivering the goods, the customer must provide the seller with all content required for processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the seller and grant the seller the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that no third-party rights are violated, in particular copyright, trademark and personal rights.

9.2 The customer indemnifies the seller against claims made by third parties in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the violation of rights. In the event of a claim by third parties, the customer is obliged to provide the seller with all information required to examine the claims and to defend itself, promptly, truthfully and completely.

9.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or violates common decency. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to young people and/or glorifies violence.

10) Redemption of promotional vouchers

10.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

10.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.4 Only one promotional voucher can be redeemed per order.

10.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

10.7 The balance of a promotional voucher will not be paid out in cash and will not accrue interest.

10.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

10.9 The promotional voucher is only intended for use by the person named on it. Transferring the promotional voucher to third parties is not permitted. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

11) Redemption of gift vouchers

11.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "gift vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.

11.2 Gift vouchers and remaining credits on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Any remaining credit will be credited to the customer until the expiry date.

11.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

11.4 Only one gift voucher can be redeemed per order.

11.5 Gift vouchers can only be used to purchase goods and not to purchase further gift vouchers.

11.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

11.7 The balance of a gift voucher will not be paid out in cash and will not accrue interest.

11.8 The gift voucher is only intended for use by the person named on it. Transferring the gift voucher to third parties is not permitted. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

12) Applicable law

12.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.

12.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not members of a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

13) Alternative dispute resolution

13.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

13.2 The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.