basket

Terms & Conditions

Terms of Service 
I. Provider, validity of the conditions 
1. The provider of the website weinauktionator.de is 

Wine & Art Bernd Riepenau e.k. 
Beethovenstrasse 21
24568 Kaltenkirchen 
Managing director: Bernd Riepenau 
Phone:+49 4191 920108 (Mon - Fri: 9.30 a.m. - 6 p.m.) 
email: bernd@weinauktionator.de 

2. The following terms and conditions apply exclusively to all contracts for services and deliveries by Wein & Kunst Bernd Riepenau e.K. (hereinafter referred to as "Wine Auctioneer"). 

3. If the customer is a merchant, the following also applies: References to the inclusion of other general terms and conditions, business or purchasing conditions are expressly rejected. This also applies if there are references to such inclusions in commercial letters of confirmation. II. Online offer and use of the website 1. Offers and prices from WeinAuktionator are always non-binding and are subject to availability. Unless otherwise stated, all prices on the website are bottle prices ex stock. The sale takes place only in commercial quantities. 2. Due to the Youth Protection Act, use of the website is only permitted by people over the age of 18. 3. By registering / logging in on the website, the customer confirms that the information he has provided is correct and complete. The correct name or the correct company name must be given. The use of a pseudonym is not permitted. The customer further undertakes to inform immediately of any changes to the information provided by him and to update them on the website. 4. Use of the website is only permitted in accordance with the applicable laws and taking into account the rights of third parties. With the content and data provided by the customer, the customer must not violate legal prohibitions, morality and the rights of third parties (copyright, trademark and data protection rights, etc.). The website may not be used for fraudulent or criminal activity, harassment or other inconvenience. 5. The use of automated technical possibilities, such as Scripts or macros to monitor or manipulate the website are prohibited. 6. The customer undertakes to keep all access data to the personalized area of ​​the website secret and to inform WeinAuktionator immediately if this data is no longer secret. This also applies if the customer suspects or gains knowledge that his access data has been misused. In any case, however, the customer remains responsible for unauthorized use. All declarations of intent made using his online access or other access data work for and against the customer, unless the customer is not responsible for the misuse of his online access because there is no violation of the existing duties of care. 7. WeinAuktionator points out that, given the current state of technology, hardware and software errors cannot be completely ruled out. A guarantee cannot therefore be given for this. Due to technically necessary maintenance work, 100% availability of the website cannot be guaranteed. 8. WeinAuktionator reserves the right to delete data entered by customers without giving reasons, to block user profiles and to block access to the website or individual services provided free of charge. WeinAuktionator is particularly entitled to do this if the customer violates applicable law or the terms of use. The blocking of chargeable services is only permitted if there is an important reason. 9. The customer can delete his profile stored on the website at any time. The corresponding function in the profile can be used for this. III. Conclusion of contract, customer's obligation to provide information, prices 1. The contract language is German, regardless of the language selected on the website. In case of doubt, the German language version is decisive. 2. Sale of goods a) The auction is voluntary, in the name and for the account of the consignor. The condition of the wines can be taken from the detailed information of each lot. In addition, pictures document each lot. b) The descriptions are made to the best of our knowledge and belief. According to § 459ff. BGB, however, these do not represent guaranteed properties. c) The knockdown goes to the highest bidder. The bid steps are as follows: 0 - 99 euros: 5 euros 100 - 199 euros: 10 euros 200 - 999 euros: 20 euros 1000-1999 euros: 50 euros 2000 -5000 euros: 100, 5000 - 10000: 200  euro, >10000: 500euros d) Every successful bid must be accepted. Once the bid has been accepted, any risk of damage is transferred to the bidder e) addTerms of Service I. Provider, validity of the conditions 1. The provider of the website weinauktionator.de is Wine & Art Bernd Riepenau e.k. Beethovenstrasse 21st 24568 Kaltenkirchen Managing director: Bernd Riepenau Phone: 04191 920108 (Mon - Fri: 9.30 a.m. - 6 p.m.) Fax: 04191 920109 email: bernd@weinauktionator.de 2. The following terms and conditions apply exclusively to all contracts for services and deliveries by Wein & Kunst Bernd Riepenau e.K. (hereinafter referred to as "Wine Auctioneer"). 3. If the customer is a merchant, the following also applies: References to the inclusion of other general terms and conditions, business or purchasing conditions are expressly rejected. This also applies if there are references to such inclusions in commercial letters of confirmation. II. Online offer and use of the website 1. Offers and prices from WeinAuktionator are always non-binding and are subject to availability. Unless otherwise stated, all prices on the website are bottle prices ex stock. The sale takes place only in commercial quantities. 2. Due to the Youth Protection Act, use of the website is only permitted by people over the age of 18. 3. By registering / logging in on the website, the customer confirms that the information he has provided is correct and complete. The correct name or the correct company name must be given. The use of a pseudonym is not permitted. The customer further undertakes to inform immediately of any changes to the information provided by him and to update them on the website. 4. Use of the website is only permitted in accordance with the applicable laws and taking into account the rights of third parties. With the content and data provided by the customer, the customer must not violate legal prohibitions, morality and the rights of third parties (copyright, trademark and data protection rights, etc.). The website may not be used for fraudulent or criminal activity, harassment or other inconvenience. 5. The use of automated technical possibilities, such as Scripts or macros to monitor or manipulate the website are prohibited. 6. The customer undertakes to keep all access data to the personalized area of ​​the website secret and to inform WeinAuktionator immediately if this data is no longer secret. This also applies if the customer suspects or gains knowledge that his access data has been misused. In any case, however, the customer remains responsible for unauthorized use. All declarations of intent made using his online access or other access data work for and against the customer, unless the customer is not responsible for the misuse of his online access because there is no violation of the existing duties of care. 7. WeinAuktionator points out that, given the current state of technology, hardware and software errors cannot be completely ruled out. A guarantee cannot therefore be given for this. Due to technically necessary maintenance work, 100% availability of the website cannot be guaranteed. 8. WeinAuktionator reserves the right to delete data entered by customers without giving reasons, to block user profiles and to block access to the website or individual services provided free of charge. WeinAuktionator is particularly entitled to do this if the customer violates applicable law or the terms of use. The blocking of chargeable services is only permitted if there is an important reason. 9. The customer can delete his profile stored on the website at any time. The corresponding function in the profile can be used for this. III. Conclusion of contract, customer's obligation to provide information, prices 1. The contract language is German, regardless of the language selected on the website. In case of doubt, the German language version is decisive. 2. Sale of goods a) The auction is voluntary, in the name and for the account of the consignor. The condition of the wines can be taken from the detailed information of each lot. In addition, pictures document each lot. b) The descriptions are made to the best of our knowledge and belief. According to § 459ff. BGB, however, these do not represent guaranteed properties. c) The knockdown goes to the highest bidder. The bid steps are as follows: 0 - 200 euros: 10 euros 200 - 500 euros: 20 euros 500 - 1000 euros: 50 euros 1000-2500 euros: 100 euros 2500 -5000 euros: 200 Over 5000 euros: 500 euros d) Every successful bid must be accepted. Once the bid has been accepted, any risk of damage is transferred to the bidder e) addIn addition to the surcharge, a commission of 15% must be paid. The commission amount is subject to VAT. f) The invoices are due immediately and must be credited to the account specified on the invoice no later than 10 days after the end of the auction. The lot will only be released after the invoice has been fully settled. b) According to the Youth Protection Act, alcoholic beverages can only be sold to people over the age of 18. When registering, the customer assures that he has reached the age of 18. Furthermore, an age verification takes place within the scope of the delivery. c) WeinAuktionator confirms the receipt of a successful bid by email. WeinAuktionator saves the contract text and all data that the customer provides when registering. With the email sent after the order, WeinAuktionator also sends the customer the data saved for processing the order as well as these terms and conditions. The confirmation of receipt does not yet include acceptance of the customer's offer. d) The customer's offer of a contract is only accepted when the dispatch confirmation is sent or, if the customer has chosen the payment option “advance payment”, by requesting payment. If no dispatch confirmation is sent, the customer's contract offer is accepted by sending the goods or by handing the goods over to the customer. 3. Consignment of goods for an auction a) Customers can send in their wine lists by email or post. The assessment form can also be used on our website under "Deliver wines". b) WeinAuktionator confirms receipt of the offer briefly by e-mail, stating the data entered by the customer. c) A legally binding auction contract between the customer and the wine auctioneer only comes into existence through the express written acceptance of the customer's offer by the wine auctioneer. d) The delivery of wines requires personal consultation. In principle, deliveries can be picked up personally from the customer by WeinAuktionator, or delivered by the customer to the WeinAuktionator warehouse, or delivered by courier or forwarding agency. 4. The customer is obliged to provide truthful information about the data required for processing the contract, in particular name, address and email address. The customer will notify Riepenau immediately of any changes. If the customer provides incorrect information about name, address and / or email address, WeinAuktionator can withdraw from the contract, provided that a contract has been concluded. The withdrawal can be declared in writing or in text form. 5. All prices include all taxes, in particular VAT and other price components. The prices at the time of the order are decisive for the contract. In addition, shipping costs are incurred, which the customer is informed of separately during the ordering process before the binding order is concluded. -à out IV. Shipping area and shipping costs 1. Wine auctioneer always offers his auction lots ex warehouse Kaltenkirchen. Self-collectors must notify WeinAuktionator of their collection in good time. Shipping by WeinAuktionator can be offered at cost price after consultation with the customer. The customer receives a transport offer for this. Goods are shipped exclusively to addresses in countries of the European Union. Unfortunately, orders outside of this area cannot be accepted. 2. The shipping costs for shipping within Germany amount to a flat rate of EUR 10.00 for up to 12 bottles. If the shipping unit is more than 12 bottles, the transport price can be requested from UPS or DB Schenker. The transport costs are subject to sales tax. V. Payment Options 1. Depending on availability, the customer can choose between the following payment options: bank transfer, cash or PayPal are possible. a) "Prepayment" payments are to be made by bank transfer. The customer takes the bank details from the wine auctioneer invoice. b) Credit card payments are processed using an automatic payment program ("pay engine") for which the credit card data is collected by an external service provider during the ordering process. c) Payment with PayPal is made by forwarding to the PayPal payment system. 2. Payments or repayments by WeinAuktionator are made exclusively by bank transfer. In this case, the customer is obliged to provide his bank details by email or in writing. VI. Delivery times 1. Wine auctioneer dispatches the goods after consultation with the customer and receipt of full payment from the customer or after confirmation of payment by the credit card company. The delivery time is usually 1 week from receipt of payment, unless otherwisespecified when ordering. The paid goods must have been picked up no later than 4 weeks after the end of the auction or, if requested, dispatched. 2. If the non-compliance with an agreed delivery time is due to force majeure, industrial action, fire, unforeseeable obstacles or other circumstances for which WeinAuktionator is not responsible, the delivery time is extended for the duration of these circumstances. This also applies if Riepenau is in default of delivery when the obstructing circumstance occurs. If the impediment to performance lasts more than a month, both the wine auctioneer and the customer are entitled to withdraw from the contract without further ado. Any further rights of the customer remain unaffected. WeinAuktionator will immediately inform the customer of any impediment to performance and, in the event of withdrawal, immediately reimburse the customer for services already provided. VII. Delivery, transport, risk bearing 1.WinAuktionator selects the transport company for the transport of the goods by WeinAuktionator that offers the most favorable shipping method in relation to price, reliability and speed, these are currently UPS and DPD. WeinAuktionator is entitled to make partial deliveries. 2. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration is transferred to the customer when the goods are handed over to the transport company. WeinAuktionator is released from the obligation to perform when the goods are handed over to the transport company. The transport of the goods is at the risk of the customer. At the customer's request, WeinAuktionator can take out transport insurance. The customer has to bear the costs of the insurance. VIII. Warranty and liability 1. WeinAuktionator takes over the guarantee for the delivered goods and services rendered within the framework of the legal regulations. 2. If the customer is an entrepreneur, the warranty period, in deviation from the statutory provisions, is one year. The provisions of § 478 BGB remain unaffected. The customer is also obliged to notify WeinAuktionator of defects, in particular transport damage, in writing immediately after receipt of the goods. Otherwise the assertion of warranty claims is excluded. 3. WeinAuktionator is only liable for damage suffered by the customer if this is due to willful or grossly negligent behavior on the part of WeinAuktionator. In the case of slightly negligent breaches of duty, WeinAuktionator is only liable for the breach of essential contractual obligations. In this case, liability is limited to the direct damage suffered by the customer that is typical for the contract and foreseeable when the contract was concluded. This also applies to breaches of duty by legal representatives and / or vicarious agents of Riepenau. Liability for culpable injury to life, limb or health remains unaffected. IX. Retention of title 1. All goods delivered by WeinAuktionator remain the property of WeinAuktionator until full payment has been made. For the duration of the retention of title, the customer assigns to WeinAuktionator all claims due to the destruction or deterioration of the reserved goods (e.g. from breach of contractual obligations or insurance claims), in each case in the amount of the outstanding payment amount. WeinAuktionator accepts the assignment. 2. If the purchase item is inseparably connected or mixed with other items that are not owned by WeinAuktionator, WeinAuktionator acquires co-ownership of the new item in the ratio of the value of the purchase item to the other connected or mixed items at the time of combining or mixing. 3. If third parties access the reserved goods, e.g. B. by way of foreclosure, the customer is obliged to inform the third party about the property of WeinAuktionator and to inform WeinAuktionator immediately in writing about the third party access. 4. If the customer is a merchant, the following also applies: WeinAuktionator remains the owner of the goods delivered until all payments from the business relationship with the customer have been received. The customer is obliged to insure the goods subject to retention of title against fire, water, theft and burglary for the duration of the retention of title. He assigns all rights from this insurance to Riepenau. Riepenau accepts the assignment. The customer is only entitled to resell, pledge, transfer by way of security, rent or move the reserved goods abroad with the prior written consent of Riepenau. X. Copyright and other property rights All content and graphics contained or provided on the website are the property of WeinAuktionator and may be protected by copyrights or other property rights. This content may not be used without the consent of WeinAuktionator In the case of slightly negligent breaches of duty, WeinAuktionator is only liable for the breach of essential contractual obligations. In this case, liability is limited to the direct damage suffered by the customer that is typical for the contract and foreseeable when the contract was concluded. This also applies to breaches of duty by legal representatives and / or vicarious agents of Riepenau. Liability for culpable injury to life, limb or health remains unaffected. IX. Retention of title 1. All goods delivered by WeinAuktionator remain the property of WeinAuktionator until full payment has been made. For the duration of the retention of title, the customer assigns to WeinAuktionator all claims due to the destruction or deterioration of the reserved goods (e.g. from breach of contractual obligations or insurance claims), in each case in the amount of the outstanding payment amount. WeinAuktionator accepts the assignment. 2. If the purchase item is inseparably connected or mixed with other items that are not owned by WeinAuktionator, WeinAuktionator acquires co-ownership of the new item in the ratio of the value of the purchase item to the other connected or mixed items at the time of combining or mixing. 3. If third parties access the reserved goods, e.g. B. by way of foreclosure, the customer is obliged to inform the third party about the property of WeinAuktionator and to inform WeinAuktionator immediately in writing about the third party access. 4. If the customer is a merchant, the following also applies: WeinAuktionator remains the owner of the goods delivered until all payments from the business relationship with the customer have been received. The customer is obliged to insure the goods subject to retention of title against fire, water, theft and burglary for the duration of the retention of title. He assigns all rights from this insurance to Riepenau. Riepenau accepts the assignment. The customer is only entitled to resell, pledge, transfer by way of security, rent or move the reserved goods abroad with the prior written consent of Riepenau. X. Copyright and other property rights All content and graphics contained or provided on the website are the property of WeinAuktionator and may be protected by copyrights or other property rights. This content may not be used without the consent of WeinAuktionator. In particular, it is forbidden to read out parts of the website without the consent of WeinAuktionator and to use the data for other purposes, especially in one's own databases. XI. Final provisions 1. The customer can only offset claims from WeinAuktionator with undisputed or legally established claims. The assertion of rights of retention that are not based on the same contractual relationship is excluded. 2. Should individual provisions of these terms and conditions be or become void, ineffective and / or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. 3. German law applies exclusively to all contracts. The validity of the uniform UN sales law is excluded. If the customer is a consumer and is not domiciled in Germany, but in another state of the European Union, the mandatory consumer law provisions of the law applicable at the customer's domicile remain unaffected. 3. If the customer is a consumer and does not have a place of residence in the European Union, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contract is Kaltenkirchen (Germany). 4. If the customer is a merchant, a legal entity under public law or a special fund under public law, the following also applies: For all claims from the contract between the customer and Riepenau, the place of performance is the headquarters of Riepenau. The exclusive place of jurisdiction for all disputes arising directly or indirectly from the contract is Kaltenkirchen (Germany).