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Terms & Conditions

1 General, Scope of these GTCs

a) The following General Terms and Conditions apply to the contracts concluded between Champagne Characters oHG, contact person: Nicola Neumann, Pappelallee 30, D-80995 Munich (hereinafter referred to as: CHAMPAGNE-CHARACTERS) and the Customer (hereinafter referred to as: CUSTOMER).

b) The order processing and contacting also take place via e-mail and automated order processing. The CUSTOMER shall ensure that the e-mail address provided by him is correct so that e-mails sent by the VENDOR can be received at this address. When using SPAM filters, it must be ensured that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

2. protection of minors

a) By placing an order with CHAMPAGNE-CHARACTERS, the customer confirms that he has reached the age of 18.

b) The customer is obliged to take care that only he himself or persons of full age authorized by him to accept the delivery accept the delivery of goods. In the case of delivery, the logistics service provider commissioned is entitled to demand proof of age.

c) If persons of age do not initiate orders, CHAMPAGNE-CHARACTERS hereby already revokes the contract as a precaution according to § 109 BGB. The persons of full age authorized to take care of or represent the minor ordering under false statements are liable according to the legal provisions for all damages arising from the orders placed under false statements.

3. conclusion of the contract

a) The goods offered by CHAMPAGNE-CHARACTERS on the Internet do not constitute a binding offer to conclude a purchase contract, but an invitation to place an order (purchase offer of the customer).

b) The order via the Internet store represents in each case an offer to CHAMPAGNE-CHARACTERS to conclude a purchase contract. CHAMPAGNE-CHARACTERS may accept the Customer's offer within five days after the Customer has sent its offer by sending an order confirmation to the Customer, whereby the conclusion of the contract shall be based on the receipt of the order confirmation by the Customer or on the delivery of the ordered goods to the Customer (in this case the receipt of the goods by the Customer is decisive) or on the request for payment by CHAMPAGNE-CHARACTERS to the Customer after the submission of the order.
If there are more than one of the aforementioned alternatives, the contract is concluded at the time when the first alternative occurs. If no acceptance of the offer takes place within the period, the customer is no longer bound to his offer.

c) The contract text is not stored by CHAMPAGNE-CHARACTERS and cannot be retrieved after completion of the order process. However, the customer can print out the order data immediately before submitting the order by using the print function of his browser and will receive an e-mail after the order in which the customer's order is listed again.

d) The contract language is German.

4. order process

The customer can submit his purchase offer at present in the following way: by telephone, in writing by E-Mail or over the CHAMPAGNE-CHARACTERS Onlineshop. The data provided by the customer will only be used for the execution and delivery of the order and will not be disclosed by CHAMPAGNE-CHARACTERS to third parties.

When ordering through our online store, proceed as follows:

a) Enter the desired number of the product in the selection field and place it in the shopping cart by means of the button "Add to cart". Afterwards you can display the shopping cart or continue shopping. If you need further information about the product, please click on the respective product image and you will receive all details about the respective product.

b) You can call up the shopping cart at any time by clicking on the shopping cart symbol in the upper right information field. Check your selection. If you change your selection, you can change the input of the desired quantity. By clicking the button "Proceed to checkout" you will get to the next section.

c) After entering your data and selecting the payment method and shipping method, the entire shopping cart will be displayed again.

d) Before placing the order, you must accept our terms and conditions, the privacy policy and the cancellation policy.

e) Finally, you place your order with the button "Order for payment" legally binding.

5. prices and payment methods

a) The prices at the time of the order by the customer shall apply. All prices are final prices, i.e. including the statutory value added tax and, if applicable, the excise tax. Any shipping costs incurred are not included in the purchase price. Additional costs for special deliveries or costs incurred as a result of multiple delivery attempts will be charged to the customer.

b) As payment methods CHAMPAGNE-CHARACTERS currently offers the following possibilities:
- Payment by invoice
- Payment by credit card
- Payment by PayPal
- Payment by direct debit
- Cash payment at pickup (please select also for subscription orders!).

c) Please note the following for the payment method "PayPal": You must always be registered there or register first, legitimize with your access data and confirm the payment instruction to us (exception if applicable guest access). When paying by means of a payment method offered by PayPal, the payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at:
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
or - if you do not have a PayPal account - under the terms and conditions for payments without a PayPal account, available at:
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

6. shipping costs

The customer takes the shipping costs from the specific information in the order process.

7. delivery

a) Collection in the store of CHAMPAGNE-CHARACTERS after agreement (self-collection).

b) Deliveries are made to the delivery address specified by the customer according to the shipping conditions valid at the time of the order.

c) The delivery is made by parcel service or forwarding agency. The standard delivery time is stated as 3-4 working days, excluding delivery on Sundays and public holidays.

d) If the customer is in default of acceptance or if he culpably violates other obligations to cooperate, CHAMPAGNE-CHARACTERS is entitled to claim compensation for the damage caused thereby, including any additional expenses. Further claims remain expressly reserved. Likewise, in case of default of acceptance by the Customer, the risk of accidental loss or deterioration of the goods shall pass to the Customer.

e) If the customer is not a consumer, delivery and shipment shall be at his risk.

8. cancellation policy

Consumers in the sense of § 13 BGB have a statutory right of withdrawal.
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. To exercise your right of withdrawal, you must:

Champagne Characters
Nicola Neumann
Pappelallee 30
80995 Munich
Phone: +49 (0)177 / 4900519
e-mail: nicola@champagne-characters.com

by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

The right of withdrawal does not apply to distance contracts

* for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded,

* for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery,

* for the delivery of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can be delivered at the earliest 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence.

9. return modalities

a) The customer is required to avoid damage and contamination so that the goods can be returned to CHAMPAGNE-CHARACTERS in a resalable condition. If possible, the original packaging should be used for this purpose. If the original packaging is no longer available, the customer can provide adequate protection against transport damage by using other suitable packaging.

b) The aforementioned paragraph is not a prerequisite for the effective exercise of the right of withdrawal.

10. transport damages

If goods are delivered with obvious transport damages, the customer should claim such defects as soon as possible to the deliverer and contact CHAMPAGNE-CHARACTERS immediately. Failure to complain or contact CHAMPAGNE-CHARACTERS will have no consequences for the customer's legal claims and their enforcement, in particular his warranty rights. CHAMPAGNE-CHARACTERS is thereby enabled to assert its own claims against the carrier or transport insurance.

11. retention of title

CHAMPAGNE-CHARACTERS reserves the right of ownership of the delivered goods until full payment of all claims resulting from the delivery contract.

12. warranty

a) For all goods from the online store of CHAMPAGNE-CHARACTERS legal warranty rights exist.

b) If the customer is an entrepreneur in the sense of the German Civil Code (BGB), he is obliged to give notice of defects immediately due to § 377 HGB. Thus, he has to notify CHAMPAGNE-CHARACTERS of the defect in writing immediately after receipt of the goods. If he fails to do so, the assertion of warranty claims is excluded.

13. tartar etc.

Tartar and deposit are not quality-reducing and no reasons for a complaint. Cork taint and other clear wine defects will be replaced against presentation of the wine up to a maximum of 2 years after purchase.

14. dispute resolution

a) CHAMPAGNE-CHARACTERS hereby informs about the Online Dispute Resolution (ODR). Under the following link the EU provides a dispute resolution platform: https://ec.europa.eu/consumers/odr/.

b) According to § 36 para. 1 No. 1 Consumer Dispute Resolution Act (VSBG) CHAMPAGNE-CHARACTERS points out that CHAMPAGNE-CHARACTERS is neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

15. Jurisdiction

a) If the Customer is an entrepreneur, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and CHAMPAGNE-CHARACTERS shall be the court in Munich, which is competent for the registered office of CHAMPAGNE-CHARACTERS.

b) Notwithstanding the foregoing, CHAMPAGNE-CHARACTERS shall in any case be entitled to bring an action against the Customer at any other statutory place of jurisdiction.

c) If, on the other hand, the Customer is a consumer within the meaning of the German Civil Code (BGB), the following shall apply:
Lawsuits of CHAMPAGNE-CHARACTERS against the consumer are to be filed at the domicile of the customer according to the legal place of jurisdiction according to § 13 ZPO.

Status: December 2020

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