1. Scope and General Information

(1) The following general terms and conditions (GTC) of MARMAX Handels GmbH (hereinafter referred to as "MARMAX", "us" or "we") apply to business transactions with private and commercial customers (entrepreneurs, merchants and legal entities under public law / special public funds, hereinafter referred to as entrepreneurs). All contracts with MARMAX are concluded exclusively on the basis of these General Terms and Conditions (GTC). By placing an order with MARMAX, the customer agrees to these GTC. They apply to all orders, the webshop (or "online shop", "WeeWine Store") or customer inquiries; we hereby object to the inclusion of differing terms and conditions; these require our written consent to be effective.

(2) The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.

(3) The contract language is exclusively German.

 

2. Contracting Parties, Conclusion of Contract

 (1) Provider and contractual partner:

MARMAX Handels GmbH,
Adam-Opel-Straße 1.
67227 Frankenthal (Palatinate), DE

Tel.: +49 (0) 6233 – 77 06 25
Web: www.weewine.de
Email: info@weewine.de

(2) The presentation of goods in the webshop does not constitute a binding offer to conclude a purchase contract. Rather, it is a non-binding invitation to order products in the webshop.

(3) When ordering via the online shop, the order process comprises a total of 4 steps:

1. Step: The customer selects the desired product.
2. Step: The customer can check the shopping cart, correct it if necessary, and enter voucher codes if necessary.
3. Step: The customer enters the billing and delivery address.
4. Step: The customer selects the desired payment method. They can review all order details again, correct them if necessary, and submit the order by clicking on "Order with obligation to pay".

(4) After receipt of the purchase offer, the customer receives an automatically generated e-mail from MARMAX confirming that we have received the customer's order (acknowledgment of receipt). This acknowledgment of receipt does not yet constitute acceptance of the purchase offer. A contract is not yet concluded by the acknowledgment of receipt.

(5) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer, have received the full outstanding amount, or when we ship the goods to the customer – without a prior express declaration of acceptance.

 

3. Retention of Title

The goods remain our property until full payment of the agreed purchase price.

 

4. Prices, Shipping Costs, Deposit

The prices stated on the product pages include statutory VAT and other price components and are, where applicable, plus the respective shipping costs and, where stated, plus a deposit (wine-containing beverages excluded).

 

5. Payment Methods, Default, Withdrawal from Contract

(1) Payment can be made optionally via PayPal, bank transfer, invoice, instant transfer, and with MasterCard and Visa credit cards; however, not all payment methods may be offered.

(2) If PayPal is selected as the payment method, a free registration with PayPal may be required. The contractual relationship between PayPal and its customers is governed exclusively by PayPal's terms of use.

(3) Payment by instant transfer requires the customer to have been activated for online banking by their bank.

(4) If the payment method bank transfer is selected, we, MARMAX Handels GmbH, will provide the customer with our bank details. The invoice amount must be transferred within 14 days, otherwise the order will expire and no purchase contract will be concluded.

(5) If the customer defaults on a payment, they are obliged to pay the statutory default interest at a rate of 5 percentage points above the base interest rate. For each reminder letter sent to you after the occurrence of default, a reminder fee of EUR 3.00 will be charged, unless a lower or higher damage is proven in individual cases.

(6) We are entitled to withdraw from the contract if the customer does not pay the purchase price at the latest two weeks after the conclusion of the contract, if insolvency proceedings are opened against the customer's assets, or if the goods are not deliverable through no fault of our own. The customer is only entitled to a right of retention against the claim for surrender if it is based on the same contractual relationship.

 

6. Youth Protection

(1) The offering and sale of alcoholic beverages via the Internet are permitted without age verification systems. When ordering alcoholic beverages, the customer is asked to confirm their legal age. The customer may be liable for damages in the event of false information. Alcohol abuse is harmful to health. MARMAX therefore only enters into contractual relationships with persons over 18 years of age.

(2) By placing an order and accepting our General Terms and Conditions, the customer confirms that they are of legal age and fully capable of contracting and that their age information is correct. The customer is obliged to ensure that only they themselves or authorized persons of legal age designated by them accept the delivery of goods. The customer indemnifies MARMAX from claims of third parties that arise for MARMAX from the customer's breach of this obligation.

(3) If MARMAX becomes aware of an order placed with false information, in particular age information, MARMAX reserves the right to initiate legal action in addition to the revocation according to § 111 BGB. The minors or young persons ordering due to false information, or the legal guardians and/or authorized adults, are liable to MARMAX according to the statutory provisions for all damages incurred by us due to orders placed with false information.

 

7. Subject of Contract, Quality

(1) The subject of the contract are the products and, if applicable, services specified by the customer in the order and listed in the order confirmation at the final prices stated in the webshop. Errors and mistakes are reserved, especially regarding the availability of goods.

(2) The quality of the ordered goods results from the product descriptions in the online shop. Illustrations on the website may only inaccurately reflect the products; in particular, colors may deviate significantly for technical reasons. Images serve only as illustrative material and may deviate from the product. Technical data, weight, dimensions and performance descriptions are given as precisely as possible, but may show the usual deviations. The properties described here do not constitute defects in the products delivered by us.

 

8. Stock Availability

If a selected product is not available at the time of the customer's order, the provider will inform the customer separately, possibly in the order confirmation or in the online shop. If the product is permanently unavailable, MARMAX Handels GmbH will refrain from accepting the order. In this case, no contract is concluded.

 

9. Delivery

(1) Delivery (dispatch to the shipping company) will be made immediately, within a few working days after receipt of payment.

(2) Deliveries are made exclusively to Germany or to other countries upon request.

(3) Delivery is made by a shipping partner of our choice to the delivery address provided by the customer during the ordering process.

(4) If the product designated by the customer in the order is not available, we will inform the customer immediately. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. Furthermore, in this case, MARMAX Handels GmbH is also entitled to withdraw from the contract. Any payments already made by the customer will be refunded immediately.

 

10. Force Majeure

War, civil unrest, lawful industrial action and unlawful strike, general raw material or energy shortages, traffic or unavoidable operational disruptions, official orders, and all other cases of force majeure, including those affecting our sub-suppliers, shall release us, insofar as they hinder the execution of deliveries or services for more than a short period, from the obligation to deliver or perform for the duration of the disruption and the extent of its effects. Such events entitle us to withdraw from the contract in whole or in part without the customer having any right to compensation.

 

11. Warranty, Guarantee

(1) The provider is liable for material defects in accordance with the applicable statutory provisions of sales law, in particular §§ 434 et seq. BGB (German Civil Code).

(2) If you are a consumer within the meaning of § 13 BGB, the limitation period for warranty claims for used goods – deviating from the statutory provisions – is one year. This limitation does not apply to claims for damages resulting from injury to life, body or health or from the breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on whose observance the contractual partner can regularly rely (cardinal obligation), as well as for claims for other damages based on an intentional or grossly negligent breach of duty by the user or their vicarious agents.

(3) Otherwise, the statutory provisions apply to the warranty.

(4) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions apply with the following modifications:

– For the quality of the goods, only our own statements and the product description of the manufacturer are binding, but not public promotions and statements and other advertising by the manufacturer.

– You are obliged to inspect the goods immediately and with due diligence for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from discovery. In the event of a breach of the duty to inspect and give notice of defects, the assertion of warranty claims is excluded.

– In the event of defects, we shall provide warranty, at our discretion, by repair or replacement (subsequent performance). In the event of repair, we shall not bear the increased costs incurred by moving the goods to a location other than the place of performance, unless the movement corresponds to the intended use of the goods.

– If subsequent performance fails twice, you may, at your discretion, demand a reduction or withdraw from the contract.

– The warranty period is one year from delivery of the goods.

(5) A guarantee exists for goods supplied by the provider only if it has been expressly given in a confirmation form for the respective item.

(6) The customer has no rights due to defects resulting from (i) improper handling or use or (ii) improper storage or transport of the goods. This applies in particular to compliance with food law regulations. The warranty is also excluded if the goods are modified by the customer.

 

12. Transport Damage

 (1) Reporting transport damage for consumers within the meaning of these GTC:

If goods are delivered with obvious transport damage, you, the customer, should immediately complain about such defects to the deliverer and contact MARMAX Handels GmbH (Adam-Opel-Str. 1, 67227 Frankenthal, info@weewine.de) in writing as soon as possible.

(2) Failure to complain or make contact has no consequences for the customer regarding their statutory warranty rights. However, it helps us to assert our own claims against the carrier or the transport insurance company.

(3) Obligation to report transport damage for entrepreneurs within the meaning of these GTC:
Goods deliveries must be checked by the customer immediately. In the event of externally visible transport damage, the customer undertakes to note this on the respective shipping documents and to have it acknowledged by the deliverer. The packaging must be retained.
If the (partial) loss or damage is not externally recognizable, the customer must notify MARMAX within 5 (five) days of delivery or at least within 7 (seven) days of delivery to the transport company, in order to ensure that any claims against the transport company are asserted in good time.

 

13. Right of Withdrawal

(1) Right of Withdrawal (only for consumers within the meaning of § 1 KSchG)

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must inform us:

MARMAX Handels GmbH,
Adam-Opel-Straße 1,
D – 67227 Frankenthal,
Tel.: +49 (0) 6233 – 77 06 25,
Email: info@weewine.de,
Web: www.weewine.de

by means of a clear declaration (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You can use the sample withdrawal form attached to the shipping package, which is not mandatory. 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 withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement.

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

You shall send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.

You, the customer, bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exceptions to the right of withdrawal

The right of withdrawal does not apply to or expires for contracts for the delivery of goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or that have been inseparably mixed with other goods after delivery due to their nature, for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs, or for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded. 

Note exclusion of the right of withdrawal

2) The right of withdrawal does not exist if the customer is an entrepreneur according to § 14 BGB. The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer, to the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded, to the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, to the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature, or to the delivery of alcoholic beverages whose price was agreed upon at the time of the conclusion of the contract, but which can only be delivered 30 days after the conclusion of the contract at the earliest and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.

(3) Please avoid damage and contamination. Please return the goods to us in their original packaging, if possible, with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please provide suitable packaging to adequately protect against transport damage in order to avoid claims for damages due to damage resulting from inadequate packaging.

(4) Please call us at [+49 6233 – 770625] before returning the goods to announce the return. This will enable us to assign the products as quickly as possible.

(5) Please note that the modalities mentioned in the preceding paragraphs (3) and (4) are not a prerequisite for the effective exercise of the right of withdrawal.

 

 Sample withdrawal form:

 

If you wish to withdraw from the contract, please fill out this form and send it back.

 

To:
MARMAX Handels GmbH
Adam-Opel-Str. 1
67227 Frankenthal
Germany

 

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):

 

___________________________________________________________________

 

Ordered on / received on (*): __________________

 

Name of consumer(s) (*): __________________

 

 

 

Date/Signature: __________________

(*) Please delete as appropriate

 

 

14. Liability, Material Defects

(1) Claims of the customer for damages are excluded. This does not apply to claims for damages by the customer resulting from injury to life, body or health, or from the breach of essential contractual obligations (cardinal obligations), nor to liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.

(2) In the event of a breach of essential contractual obligations within the meaning of paragraph 1, the provider shall only be liable for the foreseeable damages typical for the contract if these were caused by simple negligence, unless the customer's claims for damages result from injury to life, body or health.

(3) Essential contractual obligations within the meaning of paragraph 1 are obligations whose fulfillment is essential for the proper execution of the contract and on whose observance the customer can regularly rely.

(4) The restrictions in paragraphs 1 and 2 also apply in favor of the provider's legal representatives and vicarious agents if claims are made directly against them.

(5) The provisions of the Product Liability Act remain unaffected.

(6) If a defect exists in accordance with § 434 BGB, the statutory provisions shall apply. Further claims of the customer are excluded. MARMAX is not liable for lost profits or for other pure financial losses of the customer. This limitation of liability does not apply if the damage was caused by intent or gross negligence or if there is personal injury. Sections 1, 4 of the Product Liability Act remain unaffected.

 

15. Notes on Data Processing

(1) The provider collects customer data during the processing of contracts. It complies with the legal provisions. Without the customer's consent, the provider will only collect, process, or use the customer's inventory and usage data to the extent necessary for the execution of the contractual relationship, the creation of a user account, and for the use and billing of tele-services.

(2) Without the customer's consent, the provider will not use the customer's data for advertising, market research, or opinion polling purposes.

(3) We hereby inform the buyer in accordance with § 4a para. 1 sentence 2 BDSG and § 4 para. 1 TDDSG and the buyer agrees that we may collect, store, process all his data from the business relationship and use anonymized and/or pseudonymized own marketing towards third parties, and to this extent pass them on to affiliated third-party companies and third parties used for the fulfillment of the contract, in particular transport companies. Furthermore, we, MARMAX Handels GmbH, may use this data to manage user accounts. The aforementioned consent of the buyer also includes the transfer of data to industry-specific credit agencies as part of payment processing. Consent can be revoked at any time.

 

16. Final Provisions

(1) The contract language is German.

(2) Contracts between MARMAX Handels GmbH and the customers are governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and MARMAX Handels GmbH is the registered office of MARMAX Handels GmbH.

(4) Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected thereby.

Alternative dispute resolution pursuant to Art. 14 (1) ODR-VO and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.