Business Terms and Conditions
General Business Terms and Conditions including the Right of Withdrawal
Cusati GmbH, Bamberger Straße 1, 01187 Dresden
effective from Nov. 12, 2015
§ 1 The area of validity of these General Terms and Conditions
I. For the business relationships between the
Bamberger Straße 1
Telephone 0049 351 2628362
Fax 0049 351 262836
(hereinafter referred to as "Cusati")
and the female or male purchaser (hereinafter referred to as “purchaser")
apply exclusively to the general terms and conditions (AGB) in the version valid at the time of order.
II. Contradictory terms and conditions or terms and conditions deviating from these general business terms and conditions are not accepted by cusati. Terms and conditions that diverge from these general business terms and conditions only apply if cusati agrees to them in writing before the contract is concluded. Contract language is German.
III. Our general terms and conditions also apply even if cusati conducts the delivery without any reservations and with the knowledge of conditions of the buye which contradict or deviate from our terms and conditions.
IV. The business terms and conditions apply to customers and companies unless a differentiation is made in the relevant clause.
§ 2 Copyrights
I. Cusati reserves the proprietary rights and copyrights to all illustrations, drawings, calculations and other documents.
II. This particularly applies to the goods presented by images. All photography is the property of cusati. All copyrights belong exclusively to cusati. The publication, copying, and other usage is expressly prohibited. The disclosure to third parties requires the express written consent by cusati.
§ 3 Contractual agreement
I. All offers by cusati are non-committal and are not a binding order for the conclusion of the contract. Errors and subject to prior sale excepted.
II. The ordering of goods by the customer shall be deemed to be a binding offer. During the online procedure, at the time when the order forms are completely filled in and submitted electronically, the order is carried out.
III. By accepting the offer the purchaser confirms to be 18 years of age or older. The effectiveness of the contract between cusati and the purchaser depends on the purchaser’s majority and full contractual capability.
IV. The contract of sale is concluded when cusati accepts the offer of the purchaser by shipping the goods, confirming a separate order confirmation, or by the delivery of goods. The purchase contract is concluded when Cusati accepts, by the shipment of goods or by a separate order confirmation or by delivery of the goods, the offer of the purchaser. If the order confirmation or delivery of the ordered goods cannot take place within two weeks, the customer is no longer bound to his order.
V. In case that the purchaser’s ordered goods are not available, cusati reserves the right to provide either delayed or suspension of service. Cusati will immediately inform the purchaser about the unavailability. Any payments already received will be reimbursed immediately. If an ordered vintage of wine is out of stock, cusati reserves the right to deliver a vintage of the following or previous year. Cusati delivers to private customers in customary household quantities. Cusati is entitled to partial deliveries. Additional forwarding expenses are only charged by explicit arrangement.
VI. The contract of treaties is saved. Ordering information is taken out of the acknowledgement of receipt.
§ 4 Revocation Instruction
Consumers have the right of withdrawal within 28 days.
You have the right to withdraw from this contract within 28 days without stating any reasons. The right of withdrawal is 28 days beginning from the day on which you or a person you have authorized, and who is not the carrier, have or has taken possession of the good.
To exercise your right of withdrawal, you must inform us (cusati GmbH, Bamberger Straße 1, 01187 Dresden, email@example.com, Telefon: 0049 (0) 351 2628362, Fax: 0049 (0) 351 2628363) of your decision to withdraw from this contract by a clear statement (e.g. a letter mailed by post service, a fax, by telephone, in person or by E-mail). For this purpose, you can use our withdrawal form template albeit this is not mandatory.
Timely submission of the withdrawal notice before the end of the withdrawal period is sufficient for the purpose of observing the withdrawal time limit.
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 additional costs that arise from the fact that you may have chosen a type of delivery other than the cheapest standard shipping offered by us), without undue delay and in any event not later than 14 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 any event, you will not incur any fees as a result of such reimbursement.
We will pick up the goods. We will bear the cost of returning for those goods which can be sent back by standard parcel service. The customer shall bear the direct costs of returned goods which can not be returned by the standard parcel service due to their condition. For goods that can not be returned by standard parcel service, we charge a fee of 100€. You shall be obliged to compensate us for any loss of value of the goods should this arise from an improper handling of the goods, where such handing was not required for inspection of their condition, properties and functioning.
- The right of withdrawal does not apply for the following contracts:
- for contracts regarding the supply of goods which were not prefabricated and that are produced according to customer specifications or determination, or goods which were clearly tailored to the consumer’s personal requirements.
- for contracts regarding the supply of goods which are likely to deteriorate quickly or whose expiration date would be exceeded.
- for contracts regarding the supply of goods which were unsealed after delivery and cannot be returned due to hygiene or health protection reasons.
- for contracts regarding the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which is delayed beyond 30 days and whose value as agreed in the contract depends on market fluctuations which cannot be controlled by the seller.
§ 5 Preclusion from the right of withdrawal
I. The right of withdrawal does not apply if the purchaser is an entrepreneur in accordance with § 14 section 1 of the German Civil Code (BGB) and carries out a commercial or self-employed activity.
§ 6 Prices
I. The offered prices are binding.
II. All prices are final including the valid value added tax according to the law. The shipping costs are charged additionally.
III. The purchase price is payable immediately. The statutory regulations concerning the consequences of a default in payment will apply.
§ 7 Payment
I. Payment can be made at your choice by Sofortüberweisung, invoice, advance payment, direct debit, cash on delivery, credit card or Pay Pal. All prices include value added tax.
II. The purchase price is due immediately. Cusati reserves the right to exclude certain types of payment as the result of a credit check or otherwise.
III. Cusati will only pay for charges arising through incorrect account information or rejected payments if they are responsible for them. Other than that the purchaser is responsible for these charges.
IV. Advance payment must be deposited in our account within 14 days otherwise the order is cancelled.
V. For invoice purchase or direct debit done by our partner Bill Pay applies the following:
V.1. Purchase on Account
When purchasing on the account, the amount invoiced should be transferred to the account of our external partner Bill Pay GmbH [https://www.billpay.de/en/] by the calendar day indicated on the bill (20 calendar days after the billing date). Purchase on Account does not apply to all offers and requires a successful credit check performed by Billpay GmbH. Concluding the credit check of an order, if the customer is approved to purchase on the account, then the payment will be processed in cooperation with Billpay GmbH, to whom we transmit our claim of payment. In this situation, the customer can only make payments, with the effect of reducing debt, to Billpay GmbH. With payment on the account via Billpay, we remain responsible for general customer enquiries (e. g for goods, delivery time, and dispatch), returns, complaints, withdrawal statements and withdrawal submissions or crediting.
V.2. Direct Debit; direct debit mandate; processing fee for return debits
(a) When purchasing with Direct Debit, the payment amount is immediately due for collection by our external partner Bill Pay GmbH [https://www.billpay.de/en/] to the checking account of the indicated credit institute (the checking account). Herewith, you grant Billpay GmbH a SEPA-Direct Debit mandate to collect overdue payments and will instruct my financial institution to honour all Direct Debits drawn on my account. If the checking account does not have sufficient funds, the bank on its part shall not have any obligations to pay. Partial payments are not made with regard to Direct Debit.
(b) The payment by Direct Debit does not apply to all offers and requires a successful credit check performed by Billpay GmbH as well as an opened checking account in Germany. After the credit check of a specific order, if the customer is approved to use Direct Debit as a form of payment, the payment will be processed in cooperation with Billpay GmbH, to whom we transfer our account claim. In this situation, the customer can only make payments, with the effect of reducing debt, to Billpay GmbH. As payment on the account via Billpay, Cusati remains responsible for general customer enquiries (e.g. for goods, delivery time, dispatch), returns, complaints, withdrawal of statements and withdrawal of submissions or crediting.
(c) By providing the checking account, you confirm that you are authorized to use Direct Debit from the respective checking account and you ensure the necessary funds will be available. Return debits require more effort and are more expensive for us and for Billpay GmbH. In the case of return debit (due to insufficient funds of the checking account, resulting from checking account cancellation or unauthorized objection of the account holder) your are obliged to pay a handling fee of 12.00 € for each payment obligation due. In such case, you are obligated to pay any costs created through return debit. Further claims are reserved. Considering the efforts and costs for Direct Debits and in order to avoid the processing fees, we kindly ask you not to reject the Direct Debit in the event of a cancellation or a withdrawal from the purchase, a return or complaint. In this situation, after our approval of payment cancellation, the corresponding amount or credit note will be repaid.
VI. For invoice purchase or direct debit done by our partner Klarna payment applies the following:
In cooperation with Klarna, we provide the option to purchase via invoice and Klarna Account financing service. When purchasing via Klarna, there is no need to submit your account data. You pay after you have received your order.
Please note that for payments with Klarna done by invoice or by instalment, the delivery address and the invoice address must be the same. We kindly ask for your understanding.
When purchasing via Klarna invoice, you will always receive your goods first and you will have a payment period of fourteen days. Further information about purchasing via invoice and Klarna's General Terms can be found on Klarna AGB.
When using the financing service Klarna account, you will also receive your goods first. All your purchases will be invoiced in a lump-sum at the end of the next month. You can either pay in flexible instalments or settle the total amount at any time. More information about Klarna's financing service can be found Klarna Ratenkauf.
Klarna’s complete General Terms and Conditions can be downloaded at (Klarna AGB Ratenkauf).
Klarna privacy protection
Klarna will verify and evaluate the purchaser’s data and will in the case of justifiable reasons, exchange data with other companies and credit reference agencies (credit assessment). If creditworthiness is not assured, Klarna AB is reserved the right to reject Klarna payment methods and will suggest alternative payment methods. Your personal data will be used in according with the Data Protection Act and will not be passed to third parties. More information about Klarna's privacy terms can be found on Klarna Datenschutz
For more information about Klarna please visit www.klarna.com/uk
Klarna AB, company and corporate body number: 556737-0431
VII. Cash payments
If you agreed to pay in cash, you have to pay immediately after concluding the contract. After the order has been completed we will send you a payment form to print, go to a cash desk of a retail partner of Barzahlen close to you (https://www.barzahlen.de/en/customers/store-finder) and make payments easily online with cash. If you decide to receive a SMS with a code go to a cash desk of a retail partner of Barzahlen close to you (https://www.barzahlen.de/en/customers/store-finder), tell the cashier your received code and pay online with cash. The payment confirmation will be transmitted to the Expert Sales GmbH and your package will be sent out immediately.
§ 8 Data protection
I. For information concerning data protection please refer to the data privacy statement.
§ 9 Delivery
I. Cusati deliveries are in quantities intended for customary households. Cusati reserves the right to reduce the amount of the ordered merchandise after the customer has been informed about it via email.
II. You will get further information concerning the stock status from the description of each product.
III. If a product because of force nature, suspended production, or production difficulties is not deliverable and cusati cannot procure the ordered merchandise under reasonable conditions, Cusati can withdraw from the contract insofar as such circumstances came into being after the conclusion of the contract and cusati is not responsible for the circumstances. In this case, the customer is promptly notified and any payments made by the customer are reimbursed. In that case no further claims exist.
IV. Product pictures are only examples and do not necessarily represent the current vintage of a wine or the exact content of the bottle. For detailed information the purchaser must refer to the current product description. Furthermore, cusati cannot guarantee that labels and secondary packaging will be delivered undamaged. The purchaser is responsible to ensure that any person found present at the delivery address is entitled to take the delivery.
V. The merchandise will be shipped to the customer’s delivery address or an alternative address. Please indicate this when ordering.
VI. The purchaser is responsible to ensure that any person found present at the delivery address is entitled to take the delivery.
VII. The customer’s signature verifies the successful delivery of the product. If the delivery is cancelled for reasons for which the customer is responsible, the customer is charged for the costs of the renewed delivery.
VIII. Any transport damage by the shipper must be claimed immediately after delivery, at the latest within three days otherwise there is no claim against cusati.
IX. The packaging material consists of recyclable material and can be disposed of at your local recyclable waste disposal.
X. Information concerning the recycling of packaging material: used glass, paper and cardboard are disposed of by the purchaser at the local waste gathering system.
XI. Spirits will not be sold to persons who have not attained the age of 18. There will be an age verification by the postman when the merchandise is delivered.
§ 10 Liability for defects
I. Cusati shall be liable for a defect in accordance with statutory regulations.
§ 11 Liability for damages
I. The liability of cusati for contractual breach of duties and also for tort is limited to cases of intent and gross negligence. This shall not apply in cases of liability for damages arising from loss of life, physical injury or the endangerment of health or in cases of violation of substantial contractual obligations (§286BGB). Insofar, cusati shall be liable for every degree of breach.
II. The aforementioned exclusion of liability applies to slightly negligent violations of obligations by the vicarious agent of cusati.
III. If liability for damages arising from loss of life, physical injury or the endangerment of health or in cases of violation of substantial contractual obligations is not excluded, such claims lapse within a year from accrual of the claim.
IV. To the extent that cusati’s liability for damage is excluded or limited, this also applies to the personal liability for damages of the employees, staff, workers, representatives and vicarious agents.
§ 12 Liability for content of external links
This website contains hyperlinks to other websites on the internet. Cusati explicitly states that we have no influence on the content and design of linked external web sites. Cusati offers no guarantee for accuracy, correctness, completeness or quality of the information provided. Therefore, cusati hereby expressly disassociates itself from all content of all linked pages. This statement applies to all links displayed on our websites and to all content of the pages to which the links placed here may lead.
§ 13 Reservation of ownership
I. In case of contracts with consumers, we retain ownership of the merchandise until full payment of the invoice amount has been made. If you are entrepreneur, who is acting in exercising its commercial or independent professional activity, a legal entity of public law or special fund under public law, we reserve the ownership of the purchased merchandise until all payments resulting from the existing business relation with the purchaser have been received. The appropriate security rights may be transmitted to third parties.
II. The right for compensation will only be granted when your counterclaims have been legally ascertained, are undisputable have been accepted by us. Furthermore, a right of retention is only given when your counterclaim is based on the same contractual relationship.
III. If the customer is in arrears with any payment obligations; all existing claims become due immediately.
§ 14 Statue of limitation to own claims
The claims of cusati for payment shall lapse in accordance with §195 German Civil Code (BGB) within three years. §199 of the German Civil Code (BGB) shall apply with regard to the commencement of the period of limitation.
§ 15 Form of declaration
Legally relevant declarations and notifications which made by the customer to cusati or a third party must be in written form.
§ 16 Proper law, place of performance, place of jurisdiction
I. Unless otherwise agreed to in the contract the place of performance and payment is cusati's registered place of business.
II. For this contract the law of the German Federal Republic shall apply.
III. If the customer does not have a general place of jurisdiction in the Federal Republic of Germany or in any other participating EU member state, cusati's registered place of business shall be the exclusive place of jurisdiction for all disputes arising from the contract.