Terms of service
1. General, scope of these General Terms and Conditions
a) The following General Terms and Conditions apply to the contracts concluded between Champagne Characters GmbH, contact person: Nicola Neumann, Pappelallee 30, D-80995 Munich (hereinafter referred to as: CHAMPAGNE-CHARACTERS) and the purchaser (hereinafter referred to as: CUSTOMER).
b) Order processing and contact also take place via email and automated order processing. The customer must ensure that the email address he provides is correct so that emails sent by the seller can be received at this address. When using SPAM filters, it must be ensured that all emails sent by the seller or by third parties commissioned to process the order can be delivered.
2. Protection of minors
a) By placing an order with CHAMPAGNE-CHARACTERS, the customer confirms that he or she has reached the age of 18.
b) The customer is obliged to ensure that only he himself or adult persons authorized by him to accept the delivery accept the delivery of goods. When delivering, the commissioned logistics service provider is entitled to request proof of age.
c) If people who are not of legal age place orders, CHAMPAGNE-CHARACTERS hereby revokes the contract as a precautionary measure in accordance with Section 109 of the German Civil Code (BGB). The adult persons who have custody or representation for the minor who orders under false information are liable in accordance with the statutory provisions for all damages arising from orders made under false information.
d) Marked with a red sticker
Our packaging is marked with a red sticker indicating that it will not be handed over to people under 18 years of age. In addition, if there is the slightest doubt, the deliverers are obliged to have their majority confirmed by showing their identity card.
3. Conclusion of the contract
a) The product offers from CHAMPAGNE-CHARACTERS on the Internet do not represent a binding offer to conclude a purchase contract, but rather an invitation to place an order (purchase offer from the customer).
b) The order via the internet shop represents an offer to CHAMPAGNE-CHARACTERS to conclude a purchase contract. CHAMPAGNE-CHARACTERS can accept the customer's offer within five days after the customer has sent his offer by CHAMPAGNE-CHARACTERS sends the customer an order confirmation, whereby the conclusion of the contract depends on the receipt of the order confirmation by the customer or on the delivery of the ordered goods to the customer (the decisive factor here is the receipt of the goods by the customer) or on the payment request from CHAMPAGNE-CHARACTERS to the customer must be turned off after the order has been submitted.
If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which the first alternative occurs. If the offer is not accepted within the deadline, the customer is no longer bound to his offer.
c) The contract text is not saved by CHAMPAGNE-CHARACTERS and can no longer be accessed after the ordering process has been completed. However, the customer can print out the order data immediately before sending using the print function of their browser and, after placing the order, they will receive an email in which the customer's order is listed again.
d) The contract language is German.
4. Order process
The customer can currently submit his purchase offer in the following ways: by telephone, in writing by email or via the CHAMPAGNE-CHARACTERS online shop. The data transmitted by the customer will only be used for the execution and delivery of the order and will not be passed on to third parties by CHAMPAGNE-CHARACTERS.
When ordering via our online shop, please proceed as follows:
a) Enter the desired number of products in the selection field and place it in the shopping cart using the “Add to cart” button. You can then view 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 the details about the respective product.
b) You can access the shopping cart at any time using the shopping cart symbol in the top right information field. Check your selection. If you change your selection, you can change the number you want to enter. The “Checkout” button will take you 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 general terms and conditions, the data protection declaration and the cancellation policy.
e) Finally, place your order legally using the “Order with obligation to pay” button binding.
5. Prices and payment methods
a) The prices apply at the time the customer places the order. All prices are final prices, i.e. including statutory VAT and, if applicable, consumption tax. The shipping costs are not included in the purchase price. Additional costs for special deliveries or costs that arise as a result of multiple delivery attempts will be charged to the customer.
b) CHAMPAGNE-CHARACTERS currently offers the following payment options:
- Payment by invoice (for new customers we reserve the right to insist on advance payment)
- Payment with credit card
- Payment via PayPal
- Payment by direct debit
- Cash payment upon collection (please also select when ordering a subscription!).
c) Please note the following when using the “PayPal” payment method: You must always be registered there or register first, identify yourself with your access data and confirm the payment instructions to us (except for guest access). When paying using a payment method offered by PayPal, payment is processed via 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 - subject to the terms and conditions for payments without a PayPal account, which can be viewed 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 ordering process.
7. Delivery
a) Collection from the CHAMPAGNE-CHARACTERS store by appointment (self-collection).
b) Deliveries are made to the delivery address specified by the customer under the shipping conditions applicable at the time of the order.
c) Delivery takes place via parcel service or freight forwarding company. The standard delivery time is 3-4 working days, excluding delivery on Sundays and public holidays.
d) If the customer defaults on acceptance or culpably violates other obligations to cooperate, CHAMPAGNE-CHARACTERS is entitled to demand compensation for the resulting damage, including any additional expenses. Further claims are expressly reserved. Likewise, in the event of default in acceptance by the purchaser, the risk of accidental loss or deterioration of the item passes to the purchaser.
e) If the customer is not a consumer, delivery and dispatch takes place at his risk.
8. Cancellation policy
Consumers within the meaning of Section 13 of the German Civil Code (BGB) have a legal right of withdrawal.
You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. To exercise your right of withdrawal, you must contact us:
Champagne Characters GmbH
Nicola Neumann
Pappelallee 30
80995 Munich
Telephone: 089 51 99 68 99
Email: info@champagne-characters.com
inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample cancellation form, although this is not mandatory. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods.
You will only be responsible for any loss in value of the goods if this loss in value is due to handling other than what is necessary to check the nature, properties and functionality of the goods.
The right of withdrawal does not apply to distance selling contracts
* for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded,
* for the delivery of sealed goods that are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery,
* for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered no earlier than 30 days after conclusion of the contract and whose current value 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. If the original packaging is no longer available, the customer can use other suitable packaging to ensure sufficient protection against transport damage.
b) The aforementioned paragraph is not a prerequisite for the effective exercise of the right of withdrawal.
10. Transport damage
If goods are delivered with obvious transport damage, the customer should complain about such errors to the delivery person as soon as possible and contact CHAMPAGNE-CHARACTERS immediately. Failure to make a complaint or contact us has no consequences whatsoever for the customer's legal claims and their enforcement, in particular their warranty rights. This enables CHAMPAGNE-CHARACTERS to assert its own claims against the carrier or transport insurance.
11. Retention of title
CHAMPAGNE-CHARACTERS reserves ownership of the delivered item until all claims arising from the delivery contract have been paid in full.
12. Warranty
a) Statutory warranty rights exist for all goods from the CHAMPAGNE-CHARACTERS online shop.
b) If the customer is an entrepreneur within the meaning of the German Civil Code (BGB), he is obliged to report defects immediately based on Section 377 of the German Commercial Code (HGB). He must therefore report the defect in writing immediately after receiving the goods from CHAMPAGNE-CHARACTERS. If he fails to do this, the assertion of warranty claims is excluded.
13. Weinstein etc.
Weinstein and Depot do not reduce quality and are not reasons for a complaint. Cork stains and other obvious wine defects will be replaced upon 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). The EU provides a dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr/
b) In accordance with Section 36 Paragraph 1 No. 1 of the Consumer Dispute Settlement Act (VSBG), CHAMPAGNE-CHARACTERS points out that CHAMPAGNE-CHARACTERS is neither willing nor obliged to take part 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 is the court in Munich responsible for the company headquarters on this side.
b) Regardless of this, CHAMPAGNE-CHARACTERS is in any case entitled to bring legal action against the customer at another legal place of jurisdiction.
c) If the customer is a consumer within the meaning of the German Civil Code (BGB), the following applies:
Actions by CHAMPAGNE-CHARACTERS against the consumer must be brought in accordance with the legal place of jurisdiction in accordance with Section 13 ZPO at the customer's place of residence.
16. Product Reviews
Every customer review is checked for authenticity before it is published, ensuring that reviews only come from consumers who have actually purchased/used the products reviewed.
As of: May 2022
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