Conditions of Use
1. Scope of application and supplier
2. Conclusion of the contract
3. Prices
4. Shipping costs
5. Terms of delivery
6. Terms of payment
7. Retention of title
8. Right of cancellation
9. Damage in transit
10. Warranty
11. Liability
12. Final provisions
Contract text
1. Scope of application and supplier
These General Terms and Conditions apply to all orders placed by individuals via the online shop of A Taste of Opera, Stindestraße 28, 12167 Berlin, Germany, represented by Summer Carne.
2. Conclusion of the contract
2.1 The product presentations in the online shop are used to submit a purchase offer. By clicking on the button ‘Order’ you submit a binding purchase offer.
2.2 We may accept your order by sending a confirmation via e-mail or by delivering the goods within five days. Confirmation of receipt of the order does at that stage not constitute an acceptance of the purchase offer.
2.3 Should our order confirmation contain any clerical or printing errors, or if our prices as stated should be incorrect due to a technical transmission error, we are entitled to contest the order, whereby we must provide evidence of our error to you. Any payments that have already been made shall be refunded without delay.
2.4 The sale of alcoholic beverages to persons under the age of 18 is prohibited. Our offers are therefore directed exclusively to adults. By submitting your order you confirm that you are over the age of 18.
3. Prices
The prices listed on the product pages include the statutory value-added tax as well as other price components and are quoted excluding postage. Should a vintage of a certain wine be sold out, the price is automatically invalidated.
4. Shipping costs
For shipping within Germany, we charge a fixed amount of 6.50 EUR per order. Shipping is free of charge within Germany for orders exceeding 100.00 EUR. Delivery is exclusive to Germany.
5. Terms of delivery and reservation of delivery subject to our own receipt of delivery
5.1 Delivery within Germany shall ensue via DHL, UPS or DPD.
5.2 All articles are immediately available. Any differing delivery times are indicated on the appropriate product pages.
5.3 As a rule, all orders are dispatched in a single consignment. Should one or more ordered products be out of stock, we reserve the right to make partial deliveries at our expense, insofar as this is acceptable to you.
5.4 Should delivery of the goods be unsuccessful despite three attempts to deliver, we can withdraw from the contract. Any payments that have already been made shall be refunded without delay.
5.5 Should the product ordered be unavailable because our supplier failed to make the scheduled deliveries to us through no fault of our own, we may withdraw from the contract. In this event, we shall inform you without delay and, where appropriate, propose the delivery of a comparable product to you. If no similar product is available or if you do not want delivery of a similar product, we will immediately refund any payments you have already made.
5.6 Should the vintage of an ordered wine no longer be available; we reserve the right to deliver an equivalent wine or the following vintage.
5.7 Delivery times to locations in Germany are between 3 to 10 business days from order confirmation.
5.8 Goods are delivered solely in Germany.
5.9. Once goods are handed over to the respective third-party delivery company (e.g., DHL, DPD, Hermes, etc.) for delivery, all responsibility for the shipment passes to the courier service.
5.10. Upon receipt of the goods and signing of the delivery confirmation, the customer acknowledges that the shipment was delivered in accordance with the courier's terms.
5.11. Any issues arising after the goods have been signed for, such as loss, damage, or missing items, must be directed to the third-party delivery company, as the customer is responsible for contacting them to resolve such matters.
5.12. While we are happy to assist by providing shipment details or proof of dispatch, we are not liable for the handling of goods once they are under the courier's care.
5.13. For transparency, we ensure accurate packing and dispatch records and will provide proof of handover to the third-party delivery company upon request.
5.14. By proceeding with a purchase, the customer agrees to these terms and accepts that our responsibility ends once the goods are handed to the third-party delivery company.
6. Terms of payment
6.1 Payment shall be made either by payment in advance, credit card, Debit card, or PayPal.
6.2 Should you choose to pay in advance, we will send you our banking details with the order confirmation. The invoice amount is to be transferred to our account within 10 days. For payments by credit card, your credit card account is charged after order placement; direct debits will be submitted 3 days after receipt of order. If we have provided service in advance, for example in cases of purchase on account or via direct debit, in order to protect our legitimate interests, we may obtain a credit report on the basis of mathematical and statistical methods from SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden, Germany. For this purpose, we send the personal data required for a credit assessment to SCHUFA Holding AG; we then use the information we receive on the statistical probability of a default in payment to make a balanced decision on the establishment, execution or termination of the contractual relationship. The credit report can include probability values (score values) that are calculated based on scientifically recognized mathematical and statistical methods. Amongst others, address data are taken into account for the calculation of these probability values. During the data processing, your legitimate interests are taken into consideration in accordance with statutory provisions.
6.3 In the event of delay in payment, the purchase price is subject to interest during the delay at the rate of 5% above the base interest rate. We reserve the right to prove and claim higher damages due to arrears.
6.4 If payment is made by direct debit you are responsible for any costs resulting from a chargeback due to a lack of funds or due to incorrect banking data provided by you.
6.5 You are entitled to a set-off only if your counterclaims have been legally and judicially established or are uncontested or have been acknowledged by us in writing.
6.6 You may exercise a right of retention only insofar as claims arise from the same contractual relationship.
7. Retention of title
The merchandise remains our property until complete payment is affected. Prior to transfer of ownership, pledging, assignment as security, processing and modification without our consent are prohibited.
8. Right of withdrawal
Instructions on withdrawal:
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us (A Taste of Opera, Carne, Stindestraße 28, Berlin, Germany, tasteofopera@gmail.com, Telephone: +49 177 6539060, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
8.1 Right of withdrawal does not apply to the delivery of goods manufactured according to customer specifications (e.g. Wine depicting your photo and name) or that have been clearly tailored to personal requirements or to the delivery of audio or video recordings or software if the delivered data carriers have been unsealed by you.
8.2 Please return the goods as an insured parcel and retain the certificate of posting.
8.3 Before returning the goods, please call us at +49 177 6539060 to notify us of the return. This enables us to allocate the products as quickly as possible.
8.4 Please note that the provisions as described in sections 8.2 and 8.3 are not prerequisites to the effective exercise your right of withdrawal.
9. Damage in transit
9.1 If goods are delivered with obvious transport damage, please complain about such faults immediately to the deliverer and contact us without delay at +49 177 6539060.
9.2 Failure to complain or to notify us in a timely manner will have no effect whatsoever on your statutory warranty rights. However, your timely complaint and notification will help us to validate our own claims against the carrier and/or the transport insurance.
10. Warranty
The applicable statutory warranty applies unless otherwise specified in these General Terms and Conditions of Business.
Bottles of wine presenting wine faults (undesirable phenomena in terms of taste (e.g. cork taint), smell (aroma taints) or appearance that severely impair or spoil the desired impression) shall be replaced upon return of the wine within a maximum of two years after purchase or the customer shall receive a refund upon request.
Characteristics such as tartrate crystals, sediment, turbidity, age-related changes of the wine, etc., due to the fact that wine is a natural product are not deemed to be wine faults.
We assume no liability whatsoever for improper handling during consumption, storage or other handling; likewise, we assume no liability whatsoever for normal wear and tear, deterioration or changes in the products.
11. Liability
We exclude our liability for slightly negligent violations of obligations, insofar as these do not affect any material obligations pursuant to the contract, damages due to injury to life, limb or health or guaranties, or claims subject to product liability law. The same applies to violations of obligations by our vicarious agents.
12. Final provisions
12.1 Should a provision of these General Terms and Conditions be or become invalid, the validity of the remainder of the contract is unaffected. The relevant statutory provisions shall apply in place of any invalid provision.
12.2 German law shall apply exclusively to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Should the purchaser be a consumer, this applies only to the extent that the protection granted by the mandatory provisions under the law of the country in which the consumer has his habitual residence is not withdrawn.
The language of the contract is English.
Berlin, Germany, August 2024
The text of the contract is saved on our internal systems. The General Terms and Conditions can be viewed at any time on this page. To view your customer data as well as previous orders at any time, please go to `Your Account ́