Disclaimer & Legal

Disclaimer

Limitation of liability for internal content

The content of our website has been compiled with meticulous care and to the best of our knowledge. However, we cannot assume any liability for the up-to-dateness, completeness or accuracy of any of the pages.

Pursuant to section 7, para. 1 of the TMG (Telemediengesetz – Tele Media Act by German law), we as service providers are liable for our own content on these pages in accordance with general laws. However, pursuant to sections 8 to 10 of the TMG, we as service providers are not under obligation to monitor external information provided or stored on our website. Once we have become aware of a specific infringement of the law, we will immediately remove the content in question. Any liability concerning this matter can only be assumed from the point in time at which the infringement becomes known to us.

Limitation of liability for external links

Our website contains links to the websites of third parties („external links“). As the content of these websites is not under our control, we cannot assume any liability for such external content. In all cases, the provider of information of the linked websites is liable for the content and accuracy of the information provided. At the point in time when the links were placed, no infringements of the law were recognisable to us. As soon as an infringement of the law becomes known to us, we will immediately remove the link in question.

Copyright

The content and works published on this website are governed by the copyright laws of Germany. Any duplication, processing, distribution or any form of utilisation beyond the scope of copyright law shall require the prior written consent of the author or authors in question.

Data protection

A visit to our website can result in the storage on our server of information about the access (date, time, page accessed). This does not represent any analysis of personal data (e.g., name, address or e-mail address). If personal data are collected, this only occurs – to the extent possible – with the prior consent of the user of the website. Any forwarding of the data to third parties without the express consent of the user shall not take place.

We would like to expressly point out that the transmission of data via the Internet (e.g., by e-mail) can offer security vulnerabilities. It is therefore impossible to safeguard the data completely against access by third parties. We cannot assume any liability for damages arising as a result of such security vulnerabilities.

The use by third parties of all published contact details for the purpose of advertising is expressly excluded. We reserve the right to take legal steps in the case of the unsolicited sending of advertising information; e.g., by means of spam mail.

Terms & Conditions

§ 1 Area of Application & Provider

(1) The following terms & conditions aply to all orders placed within the online-shop of:

Isabell Lübkemann

Heidestraße 9

39112 Magdeburg

Saxony-Anhalt

Germany

Managing Director: Isabell Lübkemann

(2) All offers are, without exclusion, only available to costumers that fulfill the legal requirements of adulthood within their respective country.

(3) All shipments, services and offers are executed exclusively based on these terms & conditions. These terms & conditions apply to all future business relationships towards other companies, even without an explicit recapitulation. Every additional terms & conditions by costumers, that conflict with the presented one, are hereby automatically dismissed.

(4) Contract language is english or german.

(5) You can download and print out the current terms & conditions here: www.vinachiaburke.com/terms+conditions 

§2 Conclusion of Contract

(1) The presentation of goods and services within the online-shop does not guarantee any form of purchase contract. It is rather a suggestion to buy products in the online-shop.

(2) By clicking the button „Place my order now.“ you will create a liable offer for a purchase contract. Immediately before placing the order you can check and, if needed, correct your data.

(3) After receipt of the offer you will get an automatically generated email with a corresponding confirmation. This confirmation does not represent any form of confirmation of the offer. The contract is hereby not yet created.

(4) The purchase contract will be created whenever the offer is confirmed or whenever the purchased services have been shipped.

(5) However if a digital product was chosen. The purchase contract is created the moment you gain access to the chosen contents.

§3 Prices

(1) Prices displayed in the online-shop are without tax and without other price-components.

§4 Terms of Payment

(1) Payments are accepted via

Credit Card or

Paypal.

(2) The selection of payment methods is incumbent upon the site owner.

(3) If you chose to pay via credit card the purchase price will be reserved the moment you place the order. The actual booking happens in the moment the goods or services are send out.

(4) If you chose to pay via Paypal you will be redirected towards the website of Paypal. To pay the invoice amount via Paypal, you have to be registered or create an account, to legitimate your data and confirm the payment. After your order has been placed, Paypal will be asked to start the transaction. You will reveice further information while placing the

order. The payment transaction will be lead through automatically by Paypal immediately after the request.

§5 Set-off / Right of retention

(1) The right to have a set-off is only available to you if your counterclaim has been legally proven and is not challenged by the site owner.

(2) You can only use your right of retention as long as your counterclaim is based upon the same contractual relationship.

§6 Shipment; Retention of title

(1) Unless otherwise agreed, physical products will be shipped from the site owners storage to the costumers verified address.

(2) Unless otherwise agreed, access to digital products and services will be shipped via the costumers verified email-address.

(3) All products and services are, until complete payment, property of the site owner.

(4) The site owner is exceptionally not obligated to ship the ordered products, if he has not been supplied correctly or in-time. Precondition therefore is the no fault of the site owner, of the missing product availability, a compatible costumer information and the site owner may not have taken over the risk for product supply. If products are not available, all payments will be refunded. The site owner does not take any risk of product supply. The site-owner is only obligated to ship products from supplier orders or from stock.

§7 Cancellation Terms

Right of Withdrawal

You have a right of withdrawal within fourteen days after your purchase. The revocable time for a withdrawal is fourteen days after the costumer or a third party named by the costumer and which is not the deliverer, receives the shipment.

To make use of your right of withdrawal the site owner needs a clear explanation about this decision. Therefore you are invited to use the enclosed withdrawal template.

You are within the given time-frame, if the information has been send before the end of the revocable time.

Consequences of Withdrawal

If you withdraw from the contract, the site owner will refund all costs immediately and latest within fourteen days after receiving the goods. Refund will be processed through the same payment method as used for the purchase. There will be no fee for any refund.

Refunds can be denied until the site owner has received the goods or the costumer can prove his shipment.

Goods have to be send back within fourteen days after informing the site-owner about the withdrawal.

Return costs are paid by the costumer.

Template for withdrawal

If you want to use your right of withdrawal, please fill our this form and send it to:

Address: Isabell Lübkemann

Heidestraße 9

39112 Magdeburg

Saxony-Anhalt

Germany

Email: legal@vinachiaburke.com

I/We (*) hereby withdraw from the agreement which I/we (*) concluded for the purchase of the following goods

(*)/the provision of the following services (*):

Ordered on (*)/received on (*): Name of the consumer(s): Address of the consumer(s):

Date: ____________________

(*) Delete as applicable.

Signature of the consumer(s): _________________________________

(only for notification on paper)

End of cancellation terms

(1) There is no right of withdrawal if:

• The product has been individually costumated for your needs.

• The product is inseparable form other goods.

(2) Please avoid any damage or pollution. Please return goods in their original packaging and with all additional extras.

(3) Please note, that all mentioned modalities in paragraph 2 are are not a necessary requirement to make use of your withdrawal.

§8 Shipping damage

(1) If goods have been obviously damaged by shipment transport, please contact the

deliverer and notice the site owner as soon as possible.

§9 Warranty

(1) Unless otherwise agreed the costumers warranty claims depend on german law in purchase rights (§433 ff. BGB).

§10 Liability

(1) The site owner has unlimited liability if intent and gross negligence according to german product liability law is evident. In the case of slight negligence is the site owner liable for damages of life, body and health of people.

(2) In the case of slight negligence the site owner is only liable if an essential contractual obligation has been violated.

§11 Copyright

(1) All products sold by the site owner, including digital contents, are copyrighted.

(2) The costumer acquires a timely unlimited, simple, not transferable usage right exclusively for non-commercial use. The costumer acquires no exploitation rights. It is especially forbidden to publish parts or the whole product or make it accessible to third parties. The right for duplication is limited only for private use.

(3) The customer acquires a usage right only after the whole price has been paid.

(4) It is forbidden for the costumer to remove copyright notices or symbols from the product.

(5) The site owner has the right to visibly or invisibly mark digital products to make them traceable for law enforcement in the case of misuse.

(6) In the case of unauthorized usage of digital contents produced by the site owner trough a costumer or a third party, the costumer is obliged to pay contractual penalties. Those penalties can be chosen by the site owner and can also be verified by a court.

§12 Alternative dispute resolution

The EU Commission has provided a platform for out-of-court dispute resolution. This gives costumers the opportunity to settle disputes in connection with their online order without intervention of a court. The Dispute Settlement Platform can be reached at the external link:

http://ec.europa.eu/consumers/odr/

The site owner endeavors to settle any disputes arising from contracts by mutual agreement. In addition, the site owner is not obliged to participate in a conciliation procedure and unfortunately can not offer participation in such a procedure.

§13 Final Provisions

(1) Should one or more provisions of these terms & conditions become ineffective, the effectiveness of all other provisions still remain unharmed.

(2) Contracts between the site owner and a costumer are exclusively grounded upon german law, excluding the provisions of the United Nations Convention on Contracts for the International Sales of Goods (CISG, "UN Sales Convention"). Compulsory regulations of the country in which you usually reside, remain unaffected by the choice of law.

(3) If the costumer is a merchant, a legal entity under public law or a special fund under public law, the site owners place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between the site owner and the costumer.

April, 2019

Responsibility

Isabell Lübkemann

Heidestraße 9 

39112 Magdeburg 

Saxony-Anhalt

Germany 

Mail: legal@vinachiaburke.com

Phone: (+49) 0176-67173944