Terms and Conditions
§ 1 General - Scope of Application
We sell our products according to the terms of sale stated below, provided nothing to the contrary has been agreed upon individually. We do not recognize any deviating conditions by the purchaser, except in individual cases where we have granted our express approval.
§ 2 Offer - Offer Documents
(1) Customers transmitting an order via internet, e-mail, phone, fax or by any other means of communication are making an offer for the purpose of §§ 145 ff BGB (German Civil Code) to conclude a purchase agreement with us. Customers receive confirmation of receipt of their order by e-mail (order confirmation). This confirmation does not constitute an acceptance of their order but serves to inform the customer that his order has been received. Where required, we shall inform the customer of any errors contained in the catalogue or on the website concerning our product range and make a corresponding alternative proposal.
(2) The agreement shall take effect if we accept this offer by sending the ordered product to the customer or if we confirm dispatch to the customer by e-mail or by mail (dispatch confirmation). Products from the same order which are not listed in the dispatch confirmation are not part of the purchase agreement.
(3) Instead of informing the customer that his order has been accepted, we shall inform the customer of the non-availability immediately, if we are unable to accept his order. Any payments already made by the customer shall be immediately refunded.
(4) We only sell and deliver to customers who are over the age of 18. By placing his order, the customer confirms that he is of the legal age to purchase alcoholic beverages according to the applicable laws in his country.
§ 3 Prices - Terms of Payment
(1) Our invoices must be settled in advance per credit card or using PayPal. Prices are exclusive of delivery.
(2) The customer shall only be entitled to set-off if his counterclaims if they have been established as final and absolute, if they are undisputed or where they have been recognized by us. He may only exercise retention rights if his counterclaim relates to the same contractual relationship.
§ 4 Delivery times
(1) We shall deliver the ordered products as soon as possible to the address indicated by the customer on his order. We shall have the right to make partial deliveries and render partial performance to a reasonable extent. If we make partial deliveries we shall bear any additional postage costs.
(2) We would like to refer to the fact that the delivery periods specified by us are approximate, since we are more or less unable to influence the time shipping companies assigned need for the shipment.
(3) Deliveries to countries outside Germany may be subject to import duties which must be settled by the customer. Such duties vary according to the customs area. The customer shall be responsible for duly paying any required customs duties and fees.
§ 5 Warranty
We shall remedy any defects of the products which may be present at the time of their handover pursuant to statutory provisions. Related claims may not be assigned. The crystallization of wine scale is a natural phenomenon and does not represent a defect.
§ 6 Liability
(1) We shall be fully liable for damages caused by malice or gross negligence, if defects are concealed maliciously, when taking over quality guarantees and for harm caused to body, health or life. This does not affect the provisions of product liability regulations.
(2) We shall only be liable for other damages caused by simple negligence if obligations are breached which are of paramount importance for realizing the contractual purpose (“cardinal obligations”) and where such damages are typical and foreseeable due to the contractual use of the products. Any further liability for damages shall be excluded, in particular with regard to damages which do not affect the delivered products, with regard to lost profits or other pecuniary losses.
Where we have excluded or limited our liability, this shall equally apply to the personal liability of employees, representatives and vicarious agents.
§ 7 Return policy
Customers may return products within 14 days of purchase pursuant to the following conditions. Returns are excluded
- for products which were manufactured according to customer specifications;
- if the ordered products are destined for use within the scope of commercial or professional use by the customer.
You may cancel your contractual statement within 14 days without giving any reasons. The period of notice shall be 14 days starting from the day on which either you or any third party appointed by you, who is not the shipping company, has taken possession of the goods. For the cancellation to be valid, the cancellation request must be made by way of a clear statement sent to:
Ômina Romana Distribution GmbH
Phone: +49 (0)841 658-0
Fax: +49 (0)841 658-12
(e.g. by postal letter, telefax or via e-mail). You may use the enclosed sample cancellation form, which is not mandatory. In order to stay within the cancellation period of notice it will be sufficient for you send the information that you are going to make use of your cancellation right before expiry of the cancellation period of notice.
Consequences of cancellation
In the event that you wish to cancel the agreement, we shall reimburse to you all payments we have received by you including the delivery costs (with the exception of any additional costs resulting from the fact that you have chosen a delivery option other than the less expensive standard delivery option offered by us) without delay and within a period of 14 days at the latest. We shall use the same payment means for such reimbursement that you have used for making the original transaction, unless another payment method has been expressly agreed upon with you, and you definitely not be charged additionally for such reimbursement.
We are entitled to deny reimbursement until we have received the goods returned to us or until you have submitted proof that you have despatched the goods already depending on which event has occurred earlier.
You shall return or transfer the goods back to us within 14 days at the latest in any case starting from the day on which you have notified us about your cancellation of the agreement. This period shall be deemed safeguarded, if you despatch the goods before expiry of the period of 14 days.
You shall bear any costs directly incurred for the return of the goods. In the event that the goods cannot be returned using the normal method via post due to their properties and if such goods were delivered to your home at the time when the agreement was concluded, we shall collect the goods from your home at our own costs.
You shall only pay any loss of value regarding the goods, if such loss of value is attributable to any unneccessary handling of the products for the purpose of verifying their condition, properties and functions.
End of cancellation policy
§ 8 Retention of title
We shall retain the title to the purchased products until we have received all payments from the supply contract. In case of breaches of contract committed by the customer, in particular delays in payment, we shall have the right to take back the purchased products. If we take back products, this shall constitute a rescission of the agreement. We shall be entitled to utilize products taken back by us; the proceeds from such utilizations shall be offset from the obligations of the customer after deduction of reasonable utilization costs.
§ 9 Jurisdiction - place of fulfilment
(1) Where the customer relocates his domicile or place of residence to a location outside the Federal Republic of Germany after the contract has been concluded, our legal domicile shall be the place of jurisdiction. This shall equally apply if the domicile or the place of residence of the customer is unknown at the time when a lawsuit is filed.
(2) The statutory provisions of the Federal Republic of Germany shall apply; the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded.
Cancellation Form Sample
If you wish to cancel the agreement, please fill in and return this form to:
Ômina Romana Distribution GmbH
Phone: +49 (0)841 658-0
Fax: +49 (0)841 658-12
I/We (*) hereby revoke the agreement made by me/us regarding the sale of the following goods (*)
Ordered on (*) /received on (*) ____________________________
Name of consumer(s) ____________________________________
Address of consumer(s) __________________________________
Consumer’s signature ____________________________________
(only for information given on paper)
(*) delete as applicable