General Terms and Conditions
General Terms and Conditions including the Right to Cancellation
Cusati GmbH, Bamberger Straße 1, 01187 Dresden
Effective from Nov. 12, 2015
§ 1 Scope General Terms and Conditions
I. For business dealings between
Bamberger Straße 1
Telephone 0049 351 2628362
Fax 0049 351 262836
(henceforth referred to as 'cusati')
and the purchaser (henceforth referred to as 'customer')
abide exclusively by the general terms and conditions (GTC) in their valid version at the time of order.
II. Contradictory terms and conditions or terms and conditions which differ from the general terms and conditions are not recognised by cusati. Terms and conditions that differ from the general terms and conditions apply only if cusati has agreed to them in writing and before the contract is closed. The contractual language is German.
III. Our general terms and conditions still apply even if cusati fulfils delivery without reservation and in full knowledge of conditions set by the customer which contradict or differ from our terms and conditions.
IV. The general terms and conditions apply to both individuals and legal entities unless they are clearly differentiated in a relevant clause.
§ 2 Copyright
I. Cusati reserves the proprietary rights and copyrights to all illustrations, drawings, calculations and any other documents.
II. This applies in particular to the images of products. All photography is the property of cusati. All copyrights are exclusive property of 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 made by cusati are non-binding and do not represent a binding agreement until such a time as the sales contract is closed. Errors and omissions excepted. The goods are subject to prior sale.
II. Placement of order by the customer for goods and services offered by cusati is considered a binding offer on the part of the customer. Order placement is considered completed once all required fields have been filled out and successfully submitted electronically.
III. By accepting the offer the purchaser confirms that he is 18 years of age or older. The effectiveness of the contract between cusati and the purchaser depends on the purchaser’s age of majority and unlimited legal competency.
IV. The contract of sale is closed when cusati accepts the offer of the customer by shipping the ordered goods, a separate order confirmation, or upon delivery of said goods. If either 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 the case that the goods ordered by the customer no longer available, cusati reserves the right to provide either delayed service or no service. cusati undertakes to inform the customer about said unavailability without delay. Any payments already received will be refunded without delay. If a wine vintage that has been ordered is out of stock, cusati reserves the right to deliver a vintage of the following or previous year. cusati delivers to individuals in usual household quantities. cusati is entitled to partial deliveries. Additional forwarding expenses charged only if explicitly and previously agreed upon.
VI. All contractual documents are archived. Order information is considered received when the order confirmation is sent.
§ 4 Advisement of the Customer’s Right of Cancellation
Consumers have the right to cancel a contract within 28 days.
Right of Cancellation
The customer has the right to cancel the sales contract within 28 days without giving reasons. The right to cancellation within 28 days begins on the day that the ordered goods have been taken into possession either by the customer or an authorised recipient who is not the carrier.
To exercise your right of cancellation, the customer is obligated to inform cusati (cusati GmbH, Bamberger Straße 1, 01187 Dresden, firstname.lastname@example.org, Telefon: 0049 (0) 351 2628362, Fax: 0049 (0) 351 2628363) of your decision to cancel the contract by means of an unequivocal statement (e.g. a letter mailed through a postal service, a fax, by telephone, in person or by e-mail). To this end, the customer may make use of cusati’s Declaration of Order Cancellation template, however use of the template is not mandatory.
Timely submission of contract cancellation within the 28-day term as outlined above is deemed sufficient.
Consequences of Cancellation
If the customer cancels a contract, cusati refunds any payments regarding the cancelled order that have been previously made by the customer, including the costs of delivery, and with the exception of any additional costs that may have arisen should the customer have chosen a delivery option that is more expensive than the lowest-cost standard delivery option offered by cusati, without undue delay and no later than 14 days from the day upon which cusati received notice of the customer’s contract cancellation. Said refund will be made by means of the same payment option chosen by the customer for the initial transaction unless an alternate payment method has been previously agreed upon by both parties. The customer will not incur any fees as a result of said refund.
The goods pertaining to the cancelled order will be picked up by a carrier to be named by cusati. cusati bears the expenses incurred by goods that can be returned by standard postal service. The customer bears the direct costs for returned goods which cannot be returned by standard parcel service due to their condition. For goods that cannot be returned by standard parcel service, cusati charges a fee of €100.00. The customer is obligated to compensate cusati for any You shall be obliged to compensate cusati for any loss of value of the goods only if said depreciation has been caused by any unnecessary improper handling of the goods on the part of the customer during inspection of their condition, properties and functionality.
The right of cancellation does not apply to the following:
- contracts pertaining to the supply of goods which were not prefabricated and were produced according to customer specifications or designation, or goods which were clearly tailored to the consumer’s unique requirements.
- for contracts pertaining to the supply of goods which are likely to deteriorate within a short period of time or which will exceed their expiration date.
- for contracts pertaining to the supply of goods which were unsealed after delivery and cannot be returned due to reasons of hygiene or health protection.
- for contracts pertaining to the supply of alcoholic beverages, the price of which has been agreed upon at the time of the closure of the sales contract, the delivery of which has been delayed for more than 30 days and the value of which as stipulated in the contract is dependent upon market fluctuations which cannot be controlled by cusati.
§ 5 Exclusion of the Right to Cancellation
I. The right to cancellation does not apply if the customer is an entrepreneur in accordance with § 14 section 1 of the German Civil Code (BGB) and is involved in a commercial or self-employed activity.
§ 6 Prices
I. The prices offered are binding.
II. All prices are final, including the legal value added tax valid at the time of contract closure. Shipping costs are subject to additional charge.
III. The purchase sum is payable immediately. Statutory regulations pertaining to the consequences of default in payment apply.
§ 7 Payment
I. Payment can be made by your choice of Sofortüberweisung, invoice, advance payment, direct debit, cash on delivery, credit card or PayPal. All prices include value added tax.
II. The purchase sum is due immediately. cusati reserves the right to exclude certain payment methods due to results of a customer credit assessment or similar.
III. cusati is responsible for charges incurred by incorrect account information or chargeback only if the error has been incurred by cusati. In any other case, the customer is responsible for charges incurred.
IV. Advance payment must be deposited to our account within 14 days. Otherwise the order will be deemed null and void.
V. For purchase on account or direct debit carried out by our partner Billpay GmbH, the following applies:
V.1. Purchase on Account
When purchasing on account, the amount invoiced is to be transferred to the account of cusati’s external partner Billpay GmbH [https://www.billpay.de/en/] no later than the calendar day stipulated on the invoice (20 calendar days following billing date). Purchase on Account does not apply to all offers and requires a positive credit check, which is carried out by Billpay GmbH. Following the credit check for an order, if the customer is approved to purchase on account, then the payment will be processed in cooperation with Billpay GmbH, to whom cusati makes claim of payment. In this case, the customer can only make payments with debt discharging effect to Billpay GmbH. With payment on the account via Billpay, cusati remains responsible for general customer enquiries, e.g. for goods, delivery time, and dispatch, returns, complaints, cancellation requests and crediting.
V.2. Direct Debit, Direct Debit Mandate, Processing Fee for Chargebacks
(a) When purchasing by direct debit, the payment amount is immediately due for collection by our external partner Billpay GmbH [https://www.billpay.de/en/] to the current account of the credit institute named on the invoice. Herewith, the customer issues Billpay GmbH a SEPA-Direct Debit mandate to collect overdue payments and the customer instructs his financial institution to honour all direct debits drawn on his account. If the customer’s current account does not have sufficient funds, the bank, on its part, shall not have any obligation to make payment. Partial payments are not made by direct debit.
(b) The direct debit payment option does not apply to all offers and is subject to a successful credit check carried out by Billpay GmbH in addition to an active current account in Germany. Following a credit check for a specific order, and 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 cusati transfers its account claim. In this case, the customer can only make payments with debt discharging effect to Billpay GmbH. With payment on the account via Billpay, cusati remains responsible for general customer enquiries, e.g. for goods, delivery time, and dispatch, returns, complaints, cancellation requests and crediting.
(c) By providing current account information, the customer confirms that he is authorized to use direct debit on said account and ensures that sufficient funds are available. Return debits (chargebacks) require additional time and expense and incur extra costs for both cusati and Billpay GmbH. In the case of a return debit (due to insufficient funds of the checking account, resulting from checking account cancellation or unfounded revocation by the account holder) the customer is obligated to pay a processing fee of € 12.00 for each payment obligation due. In such case, the customer is obligated to pay any costs incurred by the return debit. cusati reserves the right to additional claims. In view of the effort and costs incurred by direct debit and in order to avoid unnecessary processing fees, we kindly request that you not revoke a payment made by direct debit in the event of an order cancellation, return or complaint. In such a case, following cusati’s agreement to payment cancellation, the corresponding amount will be reimbursed or a credit to the customer’s account will be issued.
VI. For purchase on account (invoice) or direct debit carried out by cusati’s partner Klarna the following applies:
In cooperation with Klarna, cusati provides the customer with the option to purchase on account (invoice) as well as in instalments with the financing service Klarna. When purchasing through Klarna, there is no need for the customer to submit his account data. The customer pays following receipt of order.
Please note that for payments with Klarna on invoice or instalment, the delivery address and the invoice address must be the identical. cusati thanks its customers for their understanding.
Klarna Account (Invoicing)
When purchasing through a Klarna account, the customer first receives his goods, and payment is due within 14 (fourteen) days. Further information about purchasing on invoice and Klarna's General Terms can be found on the Klarna website under 'Terms and Conditions'.
Klarna Installment Purchase
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 here.
Klarna’s complete General Terms and Conditions can be downloaded from the Klarna Website.
Klarna Privacy Protection
Klarna verifies and assesses the customer’s financial history and, if the justifiable necessity arises, exchange the data with other companies and credit reference agencies (credit assessment). If creditworthiness is not assured, Klarna AB is reserved the right to decline business relations with said customer and will endeavour to suggest alternative paypent options. The customer’s personal or corporate data will be used in accordance with the Data Protection Act and will not be passed on to third parties other than those aforementioned. More information about Klarna's privacy statement can be found at the Klarna website
For more information about Klarna please visit www.klarna.com/uk
Klarna AB, Organisation No.: 556737-0431
VII. Cash Payments
If the customer opts for cash payment, payment is due immediately upon purchase, i.e. contract closure. Once the customer order is completed, cusati sends him a payment form for printout. This form is then to be handed in at a Barzahlen location for scanning and easy online cash payment. The customer may also opt to receive an If you decide to receive a text message with a code. In that case, the customer simply communicates the code to the cashier at Barzahlen for easy cash payment online. The payment confirmation is then transmitted to Expert Sales GmbH, and your package is dispatched immediately.
§ 8 Data Protection
I. For information regarding data protection please refer to the cusati data protection statement.
§ 9 Delivery
I. cusati delivers in normal household quantities. cusati reserves the right to reduce the amount of ordered merchandise after the customer has been previously informed of such an intention by e-mail.
II. Information about stock status is stated in the description of each product.
III. If a product, due to force of nature, termination of production, or production difficulties, is out of stock and cusati cannot procure the ordered merchandise at reasonable conditions, cusati reserves the right to cancel a contract if the grounds stated above evolved after order confirmation and cusati is not responsible for their occurrence. Should this situation arise, cusati undertakes to notify the customer immediately and refund any payments made by the customer in conjunction to said order. Following refund, no further claims against cusati may be levied by the customer.
IV. Product images are examples and do not necessarily represent the current vintage of a wine or the exact content of the bottle. For detailed information, the customer must refer to the current product description. Furthermore, cusati cannot guarantee that labels and secondary packaging will be delivered undamaged.
V. Merchandise will be shipped to the delivery address specified by the customer or to an alternative address. Please indicate addresses when ordering.
VI. The customer is responsible for ensuring that a person authorised to receive deliveries in present at the delivery address.
VII. The customer verifies delivery of the order with his signature. If the delivery is cancelled due to reasons for which the customer is responsible, the customer is charged for the costs of re-delivery.
VIII. The customer must report any damage caused by the carrier during transport immediately upon delivery, or within three days of delivery at latest, otherwise no claim against cusati may be levied.
IX. Packaging material for transport is composed of recyclable material and can be disposed of at your local recyclable waste disposal centre.
X. Information concerning the recycling of packaging material: Used glass, paper and cardboard are disposed of by the customer at his local waste disposal/ recycling centre.
XI. Spirits will not be sold to persons under the age of 18. The carrier will verify the age of the recipient upon delivery of the merchandise.
§ 10 Liability for Defective Goods
I. Cusati shall be liable for defects according to applicable German law.
§ 11 Liability for Damages
I. The liability of cusati for contractual breach of duty or tort is limited to cases caused with 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). In such cases cusati shall be liable for every degree of negligence.
II. The aforementioned exclusion of liability applies to negligent violations of obligations by commercial employees or agents 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, the limitation of the claim is one 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 employees, staff, workers, representatives and vicarious agents.
§ 12 Liability for the Content of External Links
This website contains hyperlinks to other websites on the Internet. cusati explicitly declares that it has no influence on the content and design of such external web sites. cusati offers no guarantee for the accuracy, truth, completeness or quality of the information provided on such websites. Therefore, cusati hereby expressly disassociates itself from the content of all pages its website links to. This statement applies to all links displayed on all cusati websites and to the entire content of the pages to which the links placed on cusati websites may lead.
§ 13 Reservation of Proprietary Rights
I. In the case of contracts with consumers, cusati retains full ownership of the merchandise until full payment of the invoice amount has been made. In the case of contracts with entrepreneurs, who are exercising commercial or freelance activity, legal entities of public law or foundations under public law, cusati reserves the ownership of purchased merchandise until all payments resulting from any outstanding business debts with the purchaser have been paid in full. The corresponding security interests may be conferred to third parties.
II. The right to offset will only be granted if the customer’s counterclaims have been legally established, are undisputable or have been accepted by cusati. Furthermore, the right of retention is only granted if the customer’s counterclaim is based upon the identical relevant contractual relationship.
III. If the customer defaults any payment obligations, all existing claims become due immediately.
§ 14 Statue of Limitations to cusati's Own Claims
cusati’s claims for payment shall lapse in accordance with §195 German Civil Code (BGB) within three years. §199 of the German Civil Code (BGB) or current equivalent law shall apply with regard to the commencement of the period of limitation.
§ 15 Form of Declaration
Legally relevant declarations and notifications which are made by the customer to cusati or a third party must be in written form.
§ 16 Place of Fulfillment, Governing Law, Place of Jusrisdiction
I. Unless otherwise contractually agreed to, place of fulfilment is cusati's registered place of business.
II. The law of the German Federal Republic is applicable to all contracts.
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 any contract.