T&C

Antique Wines and Spirits (subsequent: AWS) hosts a platform under the domain www.antiquewinesandspirits.com that enables the implementation of eCommerce via web applications.

By using, downloading, purchasing or otherwise accessing the services provided by AWS, you agree to the terms and conditions.

The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Jörg Matzdorff) via the www.antiquewinesandspirits.com website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.

A "consumer" in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term "businessman" refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.

These terms and conditions (T&C) apply to all contracts with AWS.

The user's terms and conditions shall only apply if this has been expressly agreed in writing between the parties.

The services provided by AWS are subject to the general provisions as a digital service.

The eCommerce platform provided by AWS comes in the form of the following applications:

• eCommerce web application

In addition, the following services are provided:

• Online webinars and offline events

The contents stored on the web applications of AWS do not replace individual advice, but merely provide information on the subject of "Antique Wines and Spirits". They are not to be understood as an assurance of future successful enjoyment, but rather as predictions of success, which by their very nature are associated with risks and uncertainties. The services provided by AWS should not be used for long-term planning of enjoyment. AWS does not guarantee the personal success of its users.

The user expressly agrees that AWS may change or remove features or services from the platform at any time without notice.

The key features of the goods and/or services can be found in the respective quote.

The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations mentioned in this section.

The subject-matter of the contract is the selling of products.

As soon as you place the respective product on our website, we shall submit to you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

The purchase agreement takes place via the online shopping cart system as follows: The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time. After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, you are finally shown the order data again as an order overview. If you use an instant payment system (e.g. PayPal/PayPal Express, Amazon Payments or instant transfer) as your payment method, you will either be taken to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system. If you are forwarded to the relevant instant payment system, choose and/or enter your data as appropriate. Finally, on the website of the provider of the instant payment system or, after you have been directed back to our online shop, the order data will be displayed as an order overview. Before submitting the order, you have the option once more to review or change (you may also use the "Back" button on your web browser) any information on the order summary page, or to cancel the purchase. By clicking the "purchase" button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.

You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via email), which you can accept within a period of 5 days.

The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via mail, in a partially-automated manner. Consequently, you have to ensure that the email address that you have deposited with us is the correct one, and that the receipt of the respective emails is guaranteed. In particular, you have to ensure that the respective emails are not blocked by a SPAM filter.

You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.

The goods remain our property until the purchase price is paid in full.

The personal data from the contact form will be stored. This data will not be disclosed to third parties.

After completion of the order, the parties have the right to hand over the documents received to the other party or to destroy them. If the documents are originals, the consent of the other party must be obtained before they are destroyed.

A retention obligation, unless this is determined by law, is not agreed.

Revocation policy

You have the right to cancel this contract within 14 days without giving any reason. The revocation period starts 14 days from the day of the conclusion of the contract.

In order to exercise your right of revocation, you must inform us, AWS (Antique Wines & Spirits, Jörg Matzdorff, Habichtweg 7, 51429 Bergisch Gladbach, Germany, info@antiquewinesandspirits.com, +49 151 14 73 83 83) of your decision to revocate from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached model revocation form for this purpose, which is, however, not mandatory.

Download formular for right of revocation

Consequences of revocation

If you revocate from this contract, we must refund all payments we have received from you immediately and at the latest within 14 days of the day on which we received notification of your revocation from this contract. For the repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you, in which case you will be charged fees for this repayment.

If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.

Expiry of the right of revocation

The right of revocation shall expire in the case of a contract for the performance of a digital content not on a data carrier even if AWS has started the performance of the contract after the user:

Expressly consented to AWS commencing performance of the contract before the expiry of the revocation period and confirmed his knowledge that, by consenting, he would lose his right of revocation upon commencement of performance of the contract.

The services offered by AWS are still under development and are therefore subject to constant adjustments. AWS does not guarantee the error-free processing of automatically created content.

AWS and the services it provides may be subject to cyber-attacks. This could result in the loss of personal data and the unlawful use of stolen data.

Liability for defects is governed by the provisions in the previous section "Warranty".

These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service

The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.

The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.

If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.

You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.

The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.

Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.

The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.

If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.

The parties undertake to be loyal to each other. They shall inform each other without delay of all circumstances arising in the course of project execution or service provision that could influence processing.

By using the services provided by AWS, the user consents to the collection and processing of his/her personal data by AWS. The collection and processing of personal data is carried out in compliance with the applicable data protection regulations. Further information on this can be found in the privacy policy.

AWS undertakes to protect all business and trade secrets of the user and to comply with the GDPR. Disclosure to third parties not involved in the execution of the order shall require the written consent of the user. AWS shall oblige all persons employed by us for the execution of the order to comply with these regulations accordingly. AWS is authorized, within the scope of the purpose of the order, to process the personal data entrusted to it in compliance with the GDPR or to have such data processed by third parties.

The content, graphics, texts and images provided on the platform are subject to the copyright of AWS and may not be used or changed without permission.

All reports, evaluations, drafts, calculations, drawings, etc. prepared by AWS are and shall remain the intellectual property of AWS and may only be used by user for the contractually agreed purposes and may only be disclosed to third parties or made known to them or published with the express written consent of AWS. Any infringement shall result in a contractual penalty in the amount of 25,000.00 € (EUR).

In the event of conflicts in the current contractual relationship, as well as in the event of disputes due to the amendment or termination of the contractual relationship, the parties bindingly agree to conduct a mediation procedure in accordance with the provisions of the mediation act (MediatationsG).

Furthermore, it is agreed that during an ongoing mediation process the initiation of legal proceedings is generally excluded. An exception shall apply in the event that legal action is permissible for the purpose of compulsory preclusion or time limits for legal action.

Should the filing of an action be admissible in order to comply with mandatory preclusion or time limits for filing an action, the parties agree to request the suspension of the initiated proceedings until the conclusion of the mediation proceedings, insofar as this is procedurally possible.

AWS offers customer support for software-related questions and problems. If errors or misuse of the platform are detected, support should be contacted at info@antiquewinesandspirits.com.

The EU Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr.

We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

For the sale of goods, that are subject to the regulations of child welfare protection law, we only deal with contractual relationships with customers who have reached the legally prescribed minimum age. Any age restrictions are referred to in the respective item descriptions.

By submitting your order, you assure that you have reached the legally prescribed minimum age and that your details as regards your name and your address are correct. You are under obligation to ensure that only you or other persons authorised by you to accept the delivery, who have reached the legally prescribed minimum age, can take delivery of the goods.

As long as we are under obligation by the legal provisions to carry out an age verification, we instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legally prescribed minimum age, and in case of doubt, to request for the identity card of the person accepting the product for the purpose of age verification.

As far as we show, beyond the legally prescribed minimum age in the respective item description, that you must have completed 18 years of age to be able to purchase the item, the aforementioned sections are applicable providing that instead of the legally prescribed.

Contract language shall be English.

The complete text of the contract is not saved. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally mandated details related to distance selling contracts and the standard business terms are sent to you via email.

You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation requests outside the online shopping basket system, which can be printed out or saved electronically in a secure manner.

German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-thedoubt principle).

The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.