Terms of Sale
1 Scope of application
(1) These terms and conditions of Nampelka – owner Alisa Sydow (here inafter referred to as “Seller”) shall apply to all sales, deliveries and services of the seller which the customer buys from the seller via their online shop. The inclusion of conditions of the customer is contradicted, unless the parties have expressly agreed otherwise.(2) “customers” means both consumers and contractors, whereby a consumer is any natural person who enters into a legal transaction for purposes which cannot be predominantly attributed to either his commercial or self-employed occupation. On the other hand, a contractor is any natural or legal person or a legal person who is acting in the exercise of his independent professional or commercial activity when a legal transaction is concluded.(3) The offers of the Seller, which contain alcohol, are directed exclusively to customers, who are authorized to purchase these goods according to the respective delivery country and the provisions of the Youth Protection Regulations applicable.
2 Conclusion of contract
(1) The product offers of the seller merely represent a request to the customer to make a purchase offer. The customer issues a binding purchase offer against the seller by the conclusion of the order process. Acceptance of this purchase offer by the seller is only made by a separate declaration of acceptance within 2 business days after receipt of the purchase offer.(2) The ordering process by the customer begins by inserting a product into the shopping basket. This is done with the “Add to Cart” button on the product details page.In the shopping basket, the customer first has the possibility to change the order quantity by entering the desired number and the activation of the “Update shopping cart” button or delete a product from the shopping cart by pressing the “X” button.If the customer has filled his personal shopping cart with the products he wants, he can proceed to the order process via the “Continue to Checkout” or “Express Purchase with Paypal” button on the following page.A) Orders via the button “Continue to Checkout”If the customer has already registered for the seller’s online shop, he can complete his order by entering his e-mail address and the corresponding password in field A. If the customer has not yet registered, he can either create a customer account with the seller using field B. “FIND CLIENT’S ACCOUNT” or proceed as a customer without opening a client account via field C. “PURCHASE WITHOUT CLIENT ACCOUNT”. In both cases, the customer must store his personal data and can select a payment method offered by the seller via the “drop-down” menu.If the customer selects the option “credit card”, he is first redirected to the input mask of the credit card data.By clicking the “OK” button, the customer confirms the above information and his order overview is displayed.B) Orders via the “Express purchase with Paypal”:If the customer opts for an order using the “Express purchase with Paypal” system, by using the button “Express purchase with Paypal” in the shopping cart, it will be forwarded to the PayPal registration form. After successful registration of the customer with his e-mail address registered with PayPal and the corresponding password, the address and account data entered by the customer at PayPal are displayed and accepted. Via the “Next” button, the customer returns to the Seller’s Onlineshop and can be found in the order overview.Any corrections to the entered data that the customer wishes to make can be made via the respective button “change”.In order to be able to carry out his order, the customer must also read the general terms and conditions and the information on the right of revocation by activating the field “I have read the terms and conditions and agree to their validity. I have taken notice of the cancellation. ”The binding order via the products inserted in the shopping cart is given by the customer via the “Buy” button.(3) Purchase processing and contact are made by e-mail with the help of the automated purchase processing software. The customer must therefore ensure that the e-mail address specified by him for the purchase processing is correct so that the correspondence can be made. When using spam filters, the customer must ensure that all e-mails sent by the seller or their purchase processing service providers are received for the purchase process.(4) We deliver our goods only to customers within Germany.
3 Retention of Title
In the confirmation of the order, which follows the acceptance of the order in the event of the acceptance of the contract, the customer will be sent his order data, customer information of the terms of sale and the revocation instruction together with the sample revocation form by e-mail. The contract text will not be saved by the seller after conclusion of the contract. This means that the customer himself must be prompted to make long-lasting backups of the offer (eg. by means of a screenshot).4 Prices and shipping costs(1) The prices stated in our onlineshop contain the statutory value added tax.(2) The shipping is at the expense of the customer. An overview of the shipping options and the resulting shipping costs can be found under the link Shipping & Delivery. The shipping costs are also shown to the customer before placing the order on the overview page.5 Terms of paymentPayments can be made as follows:– Payment by bank transfer (prepayment)After the purchase, the seller will be informed of the seller’s payment details. After crediting the payment amount on the seller’s specified account, the goods are dispatched;– Payment with credit cardDuring the ordering process, the customer is forwarded to a subpage, whereby the customer can release the payment by entering his credit card data. The debit of the bank account or of the credit card is dependent on the processing of the customer banks or the customer’s credit card issuing institution and is made at the earliest with conclusion of the contract. After confirmation of the payment by the credit card provider the dispatch of the goods takes place;– Payment by direct debiting schemeIn the case of payment by direct debiting scheme, the debit of the account specified by the customer is effected at the earliest after the dispatch of the goods. Upon completion of the order, the customer shall issue a SEPA direct debit mandate to collect payments due, as long as this is not already present, and instruct his financial institution to pay the direct debits. The pre-information for the collection of the SEPA direct debits shall be sent to the customer at least one day before the load by e-mail to the e-mail address specified by him during the ordering process.– Payment by PayPalAfter ordering via the “Buy” button, the customer is forwarded to the PayPal page, which causes the payment to the seller by the customer. The customer’s PayPal account will be debited only upon conclusion of the contract. After confirmation of the payment by PayPal the dispatch of the goods;– Payment by invoicePayments can be made by invoice, assuming creditworthiness. With the goods, the customer receives a commercial invoice from the seller.
(1) The delivery times indicated in the products start with the day following the day of the conclusion of the contract or with PayPal payments and the customer’s payment instruction to his payment service provider. The delivery takes place at the latest within the indicated delivery time. If the last day of the delivery period falls on a Saturday, Sunday or a public holiday recognized by the state of receipt at the place of reception, the next working day shall be replaced by this date.(2) If an ordered article is not available because we are not supplied by our supplier despite our fault despite our contractual obligation, we are entitled to withdraw from the contract. In this case, we will inform the customer immediately that the ordered goods are not available, and to refund any payments already made.
You have the right to revoke this contract within a period of fourteen days without giving reasons.
The period of revocation shall be fourteen days from the day on which you or a third party you designate who is not the carrier who has or has taken possession of the goods. In order to exercise your right of revocation, you must inform us (Nampelka GmbH owner Alisa Sydow, Himmelsthürer Straße 9, 31137 Hildesheim, phone: +49 5121 2829900, E – Mail: email@example.com) by means of a clear explanation (eg Mail or e-mail) about your decision to revoke this agreement. You can use the enclosed sample revocation form, but this is not required. In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we will pay you all the payments we have received from you, including the cost of delivery (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us ) Within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same means of payment that you have used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for these repayment fees. We may refuse the repayment until we have returned the goods or until you have demonstrated, That you have returned the goods, whichever is earlier.
You have the goods immediately and in any case no later than fourteen days from the date on which you inform us of the revocation of this contract:
Nampelka GmbH – owner Alisa Sydow
c / o Fabian Hartmann – Hartmann ‘s Weincompany
To return or to deliver. The deadline is respected if you send the goods before the end of the deadline of 14 days. They bear the direct costs of returning the goods. They shall only be liable for any loss in value of the goods if this loss in value is attributable to a handling which is not necessary for the purpose of checking the quality, characteristics and functioning of the goods.
End of revocation
Retention of title
(1) Until the fulfillment of all claims arising from the contract, the delivered goods remain the property of the seller.
(2) If the customer is an entrepreneur, a legal person of public law or a public special fund, the retention of title shall also apply to the current business relationship up to the settlement of all claims which the seller is entitled to in connection with the contract.
(3) The customer has to notify us immediately of any access by third parties to the reserved goods.
(1) All claims for defects shall become statute barred within two years from delivery.
Liability for damages
The following disclaimers and limitations apply to liability for damages for us, without prejudice to the other statutory requirements.
(1) We are liable, if intent or gross negligence is a burden. We shall be liable for simple negligence only in the case of a breach of a duty, the fulfillment of which allows the proper execution of the contract at first and on whose compliance the contractual partner may regularly rely (so-called cardinal obligation). Furthermore, liability for damages for all kinds of damages, irrespective of the legal basis, including liability for fault at the time of conclusion of contract, is excluded.
(2) Provided that, (1) for a simple negligence, our liability is limited to the damage, which we had to anticipate according to the circumstances known at the conclusion of the contract.
(3) The above liability exclusions and restrictions shall not apply if we have assumed a guarantee for the quality of the goods, nor for damages which are to be replaced according to the Product Liability Act, or for damage to life, body or health or for legal claims.
(4) The above disclaimers and limitations also apply to our employees, vicarious agents and other third parties, whom we use to fulfill the contract.
The law of the Federal Republic of Germany under the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) applies to the terms of business and all legal relations between us and our contract partners.
The contract language is German and English.
(2) The choice of law pursuant to paragraph 1 shall only apply in the case of customers who do not conclude the contract to self-employed professional or commercial activities (consumers in the sense of § 1 (2) sentence 1), insofar as the protection afforded by mandatory provisions of the law of the state, In which the consumer is habitually resident.
(1) This Agreement shall contain all agreements between the Parties concerning the subject matter of the Agreement. Verbal collateral agreements do not exist.
(2) Should individual provisions of this contract be invalid or impracticable, the effectiveness of the remaining provisions shall not be affected thereby.
Supplier identification, chargeable address
Our address for complaints and other declarations of intent as well as our chargeable address is:
Is operated by:
Nampelka GmbH – owner Alisa Sydow
Himmelsthürer Straße 9
Phone: +49 5121 2829900
Business owner: Alisa Sydow
Model withdrawal form
(If you want to revoke the contract, please fill out this form and return it.)
– To [insert the name, address and, where applicable, the fax number and e-mail address of the entrepreneur]:
– I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*):
– Name of the consignee (s)
– Address of the consignee (s)
– Signature of the consumer (s) (only for the communication on paper)
(*) Delete as appropriate.
To download the revocation form.
Shipping and delivery
We deliver your order within Germany from receipt of the order within 1-3 working days, from Monday to Friday with UPS. Shipping costs: 4.90 EUR
The prices stated on the product pages include the statutory value added tax and other price components. In addition to the prices stated, we charge a flat rate of EUR 4.90 per order for delivery within Germany up to an order value of EUR 35.00 (excluding vouchers).
From an order value of 35.00 EUR, we deliver free of charge.
Important services at a glance:
Delivery in UPS partner shops
ADDRESS FOR RETURNS:
c/o United Vintner