General Terms and Conditions
General Terms and Conditions
All our deliveries and services shall be carried out subject to the present general terms of sale and delivery.
2. Conclusion of agreement
For an order, it is mandatory that you are registered in our shop. Your contractual partner will be Noble Wine GmbH, Landsberger Str. 183, 80687 Munich, Germany. By placing an order in our webshop, you make a binding declaration that you intend to purchase the goods ordered. We will confirm receipt of your order immediately with an e-mail summarizing the ordered items.
The acceptance of your order, for which we reserve a period of two weeks, shall be effected by sending a separate confirmation of your order or by dispatching an invoice or the goods. Thereupon – and not upon our automatic order summary – the agreement shall become effective.
The details of the product specifications on the webpages are subject to change, unless they are expressly specified as binding. In the event of any mistakes in writing or calculation or of misprints on the web site, we are entitled to cancel the agreement.
Supply to ourselves:
We obtain most of our goods directly from the domaines or chateaux. The conclusion of the agreement shall therefore be subject to the proviso that if we are not supplied with the correct goods or in proper form, we, too, will not be able to deliver the goods or part of them. If goods ordered can definitely not be delivered, we reserve ourselves the right to cancel the buying agreement, but of course informing you on the non-availability of the goods without delay and immediately refund any payments received. In any event we will try to find an amenable solution for all parties involved.
We conclude the agreement on the condition of an allocation mode for the sale of the wines. Rare and highly sought-after wines, which we, too, only receive if we also purchase additional batches of other wines, will be passed on by us under the same conditions. The price system is a result of this and therefore isparticularly favourable. If you want to purchase individual wines without accepting the allocation mode, we have to give our express consent and raise an additional charge, which we will indicate to you in advance.
3. Prices / shipping and handling
Prices on our website are ex warehouse (EXW).
All prices are gross prices including VAT for customers within the EU. For verified merchants having a valid EU VAT-ID and customers outside the EU, prices are indicated as net prices (no VAT included) in the customer section.
The charges for shipping and handling depend on the order value. The shipping charges per order are 9 € within Germany. From an order value of 500 € we offer free delivery within Germany. We are happy to quote shipping fees to other EU countries upon request.
4. Terms of payment
Payment shall be effected by direct debit, EU bank transfer or cheque.
We exclusively deliver to shipping addresses within the EU. Please note that the billing address has to be in the EU as well.
Any specific statements regarding delivery times shall not be binding. Delivery dates shall be dependent on the availability of the products.
6. Right of cancellation
In the event that the goods ordered by you do not come up to your expectations, you have a period of 2 weeks upon receipt of the goods to return the goods or declare in writing (also by e-mail) that you withdraw from the agreement.
To comply with this term, it is sufficient to dispatch the written cancellation (e. g. by letter, fax or e-mail) to the following address in due time:
Noble Wine GmbH
Landsberger Str. 183
or to return the goods within the set period to the address which you can obtain under the following phone number: +49-89-37957747.
Please do not return any goods to the above-named address without prior notification and approval from our side!
Directions for the return of goods:
Return consignments must be supplied with sufficient postage, as additional costs for consignments with insufficient or without postage will be deducted from the reimbursement sum. If the returned goods are damaged or used or if the original packaging is missing, we are entitled to deduct the statutory amount.
Any mailing expenses beyond this amount cannot be considered in case of reimbursement. The costs for the return of goods of a value above EUR 40 shall be reimbursed. If the value of the goods is less than EUR 40, you have to assume the costs for returning the goods. As far as this is possible, the original condition of the consignment has to be restored in using the original packaging.
In any case the goods have to be returned to Noble wine in a packaging which is adequate for safe carriage, including solid outer packaging.
Consequences of return of goods:
In case of an effective exertion of the right to return the goods, the services received by both parties have to be returned and, if applicable, compensation has to be made for any derived benefits (e. g. benefits from use). In the event of a deterioration of the goods, you can be asked to make compensation for lost value. This shall not apply if the deterioration of the goods is exclusively due to their inspection – as it would have been possible for you to do in a retail shop for example. Anyway you can avoid having to make compensation for lost value by not taking the goods into use like a proprietor and by not doing anything which could impair it value.
7. Claims for Damages
The warranty period for wines which have not been produced recently, i. e. such wines which are usually older than three years, shall be 12 months, and 24 months for younger wines and other commodities.
During the first 6 months after receipt of the product, you can contact the customer service centre of Noble Wine Mo - Fri 8.30 am to 6.30 pm under the following phone number: +49-89-65113009.
Please note that in accordance with statutory warranty, after more than 6 months from delivery it shall be incumbent on you to prove that the product already had been defective upon receipt. Please contact the following phone number in this respect: +49-89-65113009. Please keep a proof of purchase (sales slip, invoice, consignment note, delivery note etc.) to provide evidence of the beginning of the warranty/guarantee period.
We try to minimize wines which taste corked by selecting our suppliers very carefully. Nevertheless, there is the inevitable risk of wines becoming corked. The causes still have not been fully investigated and an ultimate remedy is not in sight for the time being. In any case neither the producer nor the wine grower is liable to compensate us for the damage. For this reason we, too, have to stick to international practice and cannot give any warranty for corked wines. In the individual case we are ready to consider accommodating arrangements. For this purpose, however, we have to inspect the bottles ourselves and ask you to return the wine to us as soon as possible.
8. Subsequent vintages
If any vintage of a wine with a sales price of below 15 Euro is sold out, we will deliver the respective subsequent vintage, unless you expressly object to this term when placing your order.
9. Protection of minors
Any order and delivery of alcoholic beverages and other products which are subject to statutory conditions of sale shall only be effected to persons of full age. By accepting these general terms and conditions during the ordering procedure, the customer declares that he/she is of full age and is entitled to buy alcoholic products in accordance with the national laws of the buyer..
10. Retention of title
We shall retain title to the products delivered until the purchase price has been fully and finally paid.
We shall assume unlimited liability for any damages caused wilfully or through gross negligence, as well as in those cases in which liability is mandatory according to the Product Liability Act.
In the event of slight negligence, we shall only assume liability in case of a violation of substantial contractual obligations endangering the purpose of the agreement. In this case, as far as the merits and the amount of the compensation are concerned, it shall be limited to such defects the occurrence of which we could reasonably have foreseen on conclusion of the agreement, considering the circumstances known to us at that time. Compensation for mere financial losses, e. g. loss of production or lost profit, shall be limited by the general principles of good faith, for example in cases of a disproportion between the amount of the compensation and the extent of the damages. We shall not assume liability for any delay in performance or any violations of obligations if they are due to causes which we cannot influence at any justifiable expense. For concurring tortious claims, the provisions of this clause shall apply accordingly. Any further liability on our part shall be excluded.
In case of (re) exporting the products, you are liable to comply with the relevant import or export regulations, in particular the export control regulations of the Federal Republic of Germany and the .
The customer can only assert a right of set-off or retention for claims which are either uncontested or have been recognized by declaratory judgment.
Should any provision of this agreement be invalid or unenforceable, the validity or enforceability of the remaining provisions shall remain unaffected.
This agreement shall be subject to the law of the Federal Republic of Germany. The customer and Noble Wine herewith expressly agree to exclude the applicability of the UN sales convention.
For a fast and accurate processing of your order, your address will be stored in our electronic database. We reserve the right to pass on your data to the companies commissioned with the performance of the agreement by Noble Wine such as parcel services (UPS, DHL, or DPD). The handling of the data given to us shall be carried out in accordance with the Federal Data Protection Act and the Telecommunication Services Act.
For any claims under or relating to this agreement, the courts of Munich, Germany shall have exclusive jurisdiction, provided the customer is a merchant; this shall also apply to any proceedings restricted to documentary evidence (“Urkundsprozess”). Noble Wine shall further be entitled to assert claims before the court having jurisdiction for the customer’s residence.