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Terms & Conditions

General Terms and Conditions of Business


I. Provider, validity of the terms and conditions

1. provider of the website weinauktionator.de is 

Wine & Art Bernd Riepenau e.k.
Beethovenstr. 21
24568 Kaltenkirchen
Managing director: Bernd Riepenau
Local court Kiel HRA 8213 KI
Phone: 04191 920108 (Mo. - Fr.: 9.30 - 18.00 o'clock)
fax: 04191 920109
e-Mail: bernd@weinauktionator.de

2. the following terms and conditions apply exclusively to all contracts for services and deliveries of Wein & Kunst Bernd Riepenau e.K., (hereinafter referred to as "WeinAuktionator"). 

3. contract language is German, regardless of the language selected on the website. In case of doubt, the German language version shall prevail in each case.

4. the sale of goods by WeinAuktionator takes place exclusively in the name and for the account of the consignors, who remain unnamed in the auction before the conclusion of the contract. WeinAuktionator is entitled to refuse information about the person of the consignor even after the auction, if and insofar as WeinAuktionator at the same time assumes directly enforceable liability for any liabilities of the consignor.

5. references to the inclusion of other general terms and conditions, terms and conditions of business or terms and conditions of purchase are expressly rejected. This also applies if there are references to such inclusions in commercial letters of confirmation.


II Online offers and use of the website

1. offers and prices of WeinAuktionator are always subject to change and are subject to availability. All prices on the website are - unless otherwise stated - ex warehouse as bottle prices. The sale takes place only in quantities customary in the trade.

2. due to the law for the protection of minors, the use of the website is only permitted for persons over the age of 18. According to the law for the protection of minors, the sale of alcoholic beverages is only allowed to persons over the age of 18. The customer assures during registration that he has reached the age of 18. Furthermore, an age verification takes place within the scope of the delivery.

By registering/logging in on the website, the customer confirms that the information provided by him is correct and complete. The correct name or company name must be given. The use of a pseudonym is not permitted. Furthermore, the Customer undertakes to inform immediately of any changes in the information provided by him and to update this information on the Website. 

4. the use of the website is only permitted in accordance with the applicable laws and in consideration of the rights of third parties. The Customer may not violate any legal prohibitions, morality and third party rights (copyright, trademark, data protection rights, etc.) with the content and data provided by him. The website may not be used for fraudulent activities or activities related to a criminal offense, harassment or other inconveniences. 

5. the use of automated technical means, such as scripts or macros, to monitor or manipulate the Webiste is prohibited.

6. the customer undertakes to keep secret all access data to the personalized area of the website and to inform WeinAuktionator immediately if these data are 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 the unauthorized use. All declarations of intent made using his online access or other access data are effective for and against the customer, unless the customer is not responsible for the misuse of his online access, because there is no violation of existing duties of care.

7 WineAuctioneer points out that according to the current state of technology hardware and software errors can not be completely excluded. A guarantee can therefore not be assumed. Due to technically necessary maintenance work, no 100% accessibility of the website can be guaranteed.

8 WeinAuktionator reserves the right to delete data entered by customers, to block user profiles and to block access to the website or individual services provided free of charge without giving reasons. In particular, WeinAuktionator is entitled to do so if the customer violates applicable law or the terms of use. The blocking of chargeable services is only permissible if there is an important reason. 9.

9. the customer can delete his profile deposited on the website at any time. The corresponding function in the profile can be used for this purpose. 

III. conditions for consignors/sellers
 
1. consignors can send in their wine lists by email or by post. They can also use the estimation form on the website under "Submit wines". WeinAuktionator will confirm receipt of the consignor's offer by email, stating the data entered by the consignor. An auction contract between the consignor and WeinAuktionator is only concluded upon WeinAuktionator's express written acceptance of the consignor's offer. 
 
The consignment of wines requires personal agreement. In principle, consignments can be collected by WeinAuktionator personally from the customer, or delivered by the customer to WeinAuktionator's warehouse, or delivered by courier or forwarding agency.
 
The consignor is obliged to provide truthful information on the data required for the execution of the contract, in particular name, address and e-mail address. The customer shall inform WeinAuktionator immediately of any changes. Each consignor guarantees WeinAuktionator that he/she is the unrestricted owner of the goods posted for sale or, in any case, that he/she is authorized to dispose of them and that the posted goods are not encumbered by the rights of third parties. 4. 
 
(4) The Vendor shall indemnify and hold WeinAuktionator harmless from and against any and all claims, not based on a fault of WeinAuktionator itself, which may be raised for any reason whatsoever on the occasion of the auction. For all information provided by the consignor, the consignor assumes warranty and liability towards the respective buyer. 5.
 
The consignor pays to WeinAuktionator 15% of the hammer price plus currently valid sales tax as commission, unless otherwise agreed in individual cases. In case of non-sale of consigned goods, no commission is payable. The commission covers the costs for storage, description, catalog production, photos, advertising measures and exhibition.
 
6. wineAuctionator is not liable for the fulfillment of the purchase price claim by the buyer. If the buyer does not pay the purchase price, the seller is free to demand fulfillment from the buyer in his own name and for his own account or to assert his legal rights for non-fulfillment.
 
7. the payment of the auction proceeds (less commission, legal sales tax and possibly incurred additional costs) will be made, as far as the proceeds have been received by WeinAuktionator, after personal or telephone inquiry of the consignor. In case of doubt, the amount to be paid out will be transferred - there is no claim to cash payment. The costs of a non-cash payment shall be borne by the Consignor. 
 
 
III. realization of the auction
 
1 WineAuctioneer announces the auction dates and times on www.weinauktionator.de. Until the beginning of an auction, WeinAuktionator is entitled to shorten or extend the running time or to withdraw the auction completely. 
 
Any presentation of the goods in the auction catalog or on the website does not constitute a legally binding offer, but a non-binding invitation to bidders to place bids on the goods. All product information, in particular any pictorial representations, as well as quantity, origin or age information represent - subject to a different explicit and written determination in individual cases - no determination of the quality of the goods, in particular no guarantee of quality is assumed. 
 
WineAuctioneer bindingly determines a starting or fixed price, as well as the increments of the bids and the period within which bids can be submitted. Unless otherwise determined by WeinAuktionator, the following bid increments apply:
 
- 0 - 200 Euro: 10 Euro
- 200 - 500 Euro: 20 Euro
- 500 - 1.000 Euro: 50 Euro
- 1.000-2.500 Euro: 100 Euro
- 2.500 -5.000 Euro: 200 Euro
- Over 5.000 Euro: 500 Euro
 
4. by placing a bid, the bidder makes a binding and irrevocable offer to purchase. A bid expires if a higher bid is made by another bidder during the bidding period. 
 
5. WineAuctionator confirms the receipt of a successful bid by e-mail. WeinAuktionator stores the contract text and all data provided by the customer during registration. With the transmitted e-mail, WeinAuktionator also sends the customer his data stored for the processing as well as these GTC. The confirmation of receipt does not imply acceptance of the customer's offer. 

5. the acceptance of the contract offer of the customer (bidder) takes place only by transmission of a confirmation sent by email or, if the customer has chosen the payment option "prepayment", by requesting the payment. If no confirmation is sent, the acceptance of the contract offer of the customer takes place by sending the goods or by handing over the goods to the customer. 6. 
 
In addition to the purchase price, the buyer must pay a commission of 15% of the net purchase price to WeinAuktionator plus VAT. 
 
 
IV. Shipping area and shipping costs
 
1) WeinAuktionator offers the goods to be auctioned ex warehouse Kaltenkirchen. Customers collecting the goods themselves must notify WeinAuktionator of their collection in good time by telephone. A shipment by WeinAuktionator can be offered after consultation with the customer at cost price. The customer will receive a transport offer. Goods are shipped exclusively to addresses in countries of the European Union. Orders outside this area can unfortunately not be accepted.
 
2. the shipping costs for the dispatch within Germany amount to up to 12 bottles all-inclusive EUR 15.00. If the dispatch unit lies over 12 bottles the transport price with UPS and/or forwarding business DB Schenker is inquired and to be carried by the Ersteigerer. The transport costs are subject to VAT. 
 
If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration passes to the buyer with the transfer to the transport company. WeinAuktionator is released from the obligation to perform with the handover to the transport company. The transport of the goods is at the risk of the buyer. At the request of the buyer, WeinAuktionator takes out a transport insurance. The costs for the insurance have to be paid by the buyer.
 
 
V. Payment Options
 
1. the buyer can choose between the following payment options, depending on availability: Bank transfer, cash payment or PayPal.
 
a) Payments "in advance" are to be made by bank transfer. The customer can find the bank details on the WeinAuktionator invoice.
 
b) Payments with credit card are processed via an automatic payment program ("pay engine"), for which the credit card data are collected within the ordering process by an external service provider.
 
c) Payments with PayPal are 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 e-mail or in writing.
 
 
VI. delivery times
 
1. wineAuctionator will ship the goods after consultation with the buyer and receipt of full payment from the buyer or after confirmation of payment by the credit card company. The delivery time is usually 1 week from receipt of payment, unless otherwise stated in the order. The paid goods must be picked up at the latest 4 weeks after the end of the auction or shipped upon request.
 
2. if the non-compliance with an agreed delivery time due to force majeure, labor dispute, fire, unforeseeable obstacles or other circumstances beyond the control of WeinAuktionator, the delivery time is extended for the duration of these circumstances. This also applies if WeinAuktionator is in default of delivery when the impeding circumstance occurs. If the impediment to performance lasts for more than one month, both WeinAuktionator and the successful bidder are entitled to withdraw from the contract without further ado. Any further rights of the buyer remain unaffected. WeinAuktionator will immediately inform the buyer of an impediment to performance and, in the event of withdrawal, will immediately reimburse any services already rendered by the buyer.
 
VIII. Warranty and Liability
 
(1) Since the contract of sale is concluded between the Vendor and the Purchaser, Weinauktionator shall not assume any liability for defects of any kind. Any warranty claims are to be asserted directly against the seller in whose name the auction took place.
 
2 WeinAuktionator is liable for damages of the customer without limitation only if these are due to intentional or grossly negligent conduct of WeinAuktionator. In the case of slightly negligent breaches of duty, WeinAuktionator is only liable in the event of a breach of essential contractual obligations. In this case, the liability is limited to the contract-typical and at the time of conclusion of the contract foreseeable, direct damage to the customer. This also applies to breaches of duty by legal representatives and / or vicarious agents of Riepenau. Liability for culpable injury to life, body or health remains unaffected.

IX. Retention of Title
 
Title to the auctioned goods shall not pass to the buyer until the purchase price plus commission has been paid in full. Before the transfer of ownership is a pledge, transfer by way of security, processing or transformation without the consent of WeinAuktionator not allowed.
 
X. Copyright and other proprietary rights
 
All content and graphics contained or provided on the website are the property of WeinAuktionator and may be protected by copyright or other intellectual property rights. These contents may not be used without the consent of WeinAuktionator. In particular, it is prohibited to extract parts of the website and to use the data otherwise, in particular in one's own databases, without the consent of WeinAuktionator.
 
XI Final Provisions
 
1. the customer can set off against claims of WeinAuktionator only with undisputed or legally established claims. The assertion of rights of retention that are not based on the same contractual relationship is excluded.
 
Should individual provisions of these terms and conditions be or become void, invalid and / or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected thereby.
 
(3) German law shall apply exclusively to all contracts. The validity of the UN Convention on Contracts for the International Sale of Goods is excluded. If the customer is a consumer and is not domiciled in Germany but in another country of the European Union, mandatory consumer law provisions of the law applicable at the domicile of the customer shall remain unaffected. 3.
 
If the customer is a consumer and is not domiciled in the European Union, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contract shall be Kaltenkirchen (Germany).
 
(4) If the customer is a merchant, a legal entity under public law or a special fund under public law, the following shall apply in addition: For all claims arising from the contract existing between the customer and Riepenau, the place of performance is the registered office of Riepenau. Exclusive place of jurisdiction for all disputes arising directly or indirectly from the contract is Kaltenkirchen (Germany).