General terms and conditions

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions of business apply to contracts which you conclude with us as the supplier (WINE System AG) via the internet site www.par-shop.de. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may have used is objected to.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.

§ 2 Formation of the contract

(1) The subject of the contract is the sale of goods.

(2) By placing the respective product on our website, we submit a binding offer for the conclusion of a contract via the online shopping basket system on the terms and conditions stated in the item description.

(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping basket". You can call up the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.

If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be redirected to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the corresponding selection or enter your data there. Finally, you will be shown the order data as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.

Before submitting the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or cancelling the order.
By sending the order via the corresponding button ("order subject to payment" or similar designation), you declare the legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Conclusion of the contract for download products

(1) The subject of the contract is the sale of download products (digital contents which are not delivered on a physical data carrier).
By placing the respective download product on our website, we submit a binding offer to conclude a contract via the online shopping basket system on the terms and conditions stated in the item description.

(2) The contract is concluded via the online shopping basket system as follows:
The download products intended for purchase are placed in the "shopping basket". You can call up the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering the personal data and the terms of payment, the order data will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as a payment method, you will either be directed to the order overview page in our online shop or to the 
website of the instant payment system provider.

If you are redirected to the respective instant payment system, make the corresponding selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or cancelling the order.
By sending the order via the corresponding button ("order subject to payment" or similar designation), you declare the legally binding acceptance of the offer, whereby the contract is concluded.

(3) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 4 Licence of use for download products

(1) The download products offered are protected by copyright. You will receive a simple licence of use for each download product purchased from us, unless otherwise stated in the respective offer.

(2) The simple licence of use includes the permission to save and/or print out one copy of the download product for your personal use on your computer or other electronic device.
You are prohibited from making any further copies. You are expressly prohibited from modifying or editing a file or any part thereof and from making it available in any way to third parties for private or commercial purposes.

§ 5 Conclusion of the contract for courses

(1) The subject of the contract is the provision of courses.
As soon as the respective course offer is posted on our website, we submit a binding offer to conclude a contract via the online shopping basket system under the conditions stated in the respective course description.

(2) The contract is concluded via the online shopping basket system as follows:
The courses intended for booking are placed in the "shopping basket". You can call up the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering your personal data and the terms of payment, the order data will finally be displayed as an order overview.

If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, instant transfer) as a payment method, you will either be redirected to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the corresponding selection or enter your data there. Finally, you will be shown the order data as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.

Before submitting the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or cancelling the order.
By sending the order via the corresponding button, you declare the legally binding acceptance of the offer, whereby the contract is concluded.

(3) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless a different deadline is stated in the respective offer).

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 6 Performance of courses

(1) The courses in the form described in the respective offers are carried out on the agreed dates.

(2) Insofar as the implementation of the courses is dependent on the number of participants, the minimum number of participants results from the respective offer.
If the minimum number of participants is not reached, we will inform you in writing (e.g. by e-mail) at least 7 days before the start of the course that the booked course will not take place. In this case, any services already provided will be refunded immediately.

(3) In case of cancellation of an individual event due to short-term absence of the course instructor due to illness or for any other important reason, the services already rendered will be refunded immediately.
In the case of events consisting of several event dates, if a date is cancelled due to short-term absence of the course instructor due to illness or other important reason, the cancelled date will be made up for on an alternative date.

(4) In connection with the use of course rooms and objects, you must comply with the house rules displayed locally. You must comply with our instructions or the instructions of the course instructor.

§ 7 Withdrawal / Cancellation

(1) You can withdraw from the contract free of charge up to 30 days before the start of the course. Cancellation must be made in writing (e.g. by e-mail). The relevant date for meeting the deadline is the date on which we receive the notice of withdrawal.
Withdrawal is no longer possible less than 30 days before the start of the course.

(2) In the event of non-participation or partial participation in the booked course, no refund of course fees is possible.

(3) The statutory right of withdrawal is not affected by this; it exists regardless of the existence or non-existence of this additional right of withdrawal.

§ 8 Substitute participant

You can name a substitute participant at any time before the course begins. You will not incur any costs for this rebooking.

§ 9 Special agreements on payment methods offered

(1) SEPA direct debit (basic and/or company direct debit)
If you pay by SEPA core direct debit or SEPA company direct debit, you authorise us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.
The direct debit will be collected within 8-10 days after conclusion of the contract.
The period for sending the advance notice (pre-notification) is reduced to 5 days before the due date. You are obliged to ensure that there are sufficient funds in your account on the due date. In the event of a return debit note due to your fault, you shall bear the bank charges incurred.

§ 10 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following shall apply in addition:

a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, a pledge or transfer of ownership by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case you already now assign to us all claims in the amount of the invoice amount accruing to you from the resale; we accept the assignment. You are further authorised to collect the claim. However, insofar as you do not properly fulfil your payment obligations, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.

§ 11 Warranty

(1) The statutory rights of liability for defects shall apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall not affect your statutory warranty claims.

(3) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:

a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transfer of the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply

- for culpably caused damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their customary use and have caused its defectiveness;
- in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.

§ 12 Choice of law, place of performance, place of jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favourability principle).

(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also bring an action before the court at another statutory place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

§ 13 Protection of minors

(1) When selling goods that are subject to the provisions of the German Youth Protection Act (Jugendschutzgesetz), we only enter into contractual relationships with customers who have reached the minimum age required by law.
Existing age restrictions are indicated in the respective item description.

(2) By sending your order, you assure that you have reached the legally prescribed minimum age and that the information you have provided regarding your name and address is correct. You are obliged to ensure that only you yourself or persons authorised by you to receive the delivery who have reached the legally prescribed minimum age take receipt of the goods.

(3) Insofar as we are obliged by law to carry out an age check, we shall instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legally prescribed minimum age and, in case of doubt, to have the identity card of the person receiving the goods shown for the age check.

(4) Insofar as we state in the respective item description that you must have reached the age of 18 in order to purchase the goods, the above paragraphs 1-3 shall apply with the proviso that the age of majority must be present instead of the legally prescribed minimum age.

II. customer information

1. identity of the seller

WINE System AG
Daxa 8
83112 Frasdorf
Germany
Phone: 08032 91633 0
E-mail: info@winesystem.de

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.

2 Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).

3. contract language, storage of contract text

3.1 The contract language is German.

3.2 The complete text of the contract will not be stored by us. Before sending the order via the online shopping basket system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions of Business will be sent to you again by email.

3.3 In the case of quotation requests outside of the online shopping basket system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

4. codes of conduct

4.1 We have subjected ourselves to the Buyer's Seal Quality Criteria of the Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

6 Prices and payment terms

6.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

6.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne additionally by you, unless free delivery has been agreed.

6.3 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

6.4 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract shall be due for payment immediately.

6.5 Unless otherwise agreed, payment for course bookings must be made at the latest on the course date on site before the course begins, otherwise there is no entitlement to participation.

7. terms of delivery

7.1 The terms and conditions of delivery, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

7.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.

If you are an entrepreneur, the delivery and shipment shall be at your risk. 8.

8. statutory liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information have been prepared by the lawyers of the Händlerbund who specialise in IT law and are constantly checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last update: 27.10.2020