Terms of service

  1. Scope and Provider This website is operated by Tapas y Vino – Inh. J. Lopes Einzelunternehmerin. Throughout the site, the terms “we”, “us” and “our” refer to Tapas y Vino – Inh. J. Lopes Einzelunternehmerin. This website, including all information, tools, and services available from this site, is offered to you conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions", "Terms"), including those additional terms and conditions and policies referenced herein. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms and Conditions carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

     

  2. Online Store Terms By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or country of residence, or that you are the age of majority in your state or country of residence and you have given us your consent to allow any of your minor dependents to use this site under your responsibility. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

     

  3. General Conditions We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment information is always processed in accordance with applicable technical standards during the checkout process. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

     

  4. Accuracy, Completeness and Timeliness of Information The material on this site is provided for general information only. We are not responsible if information made available on this site is not accurate, complete, or current. Historical information on this site is provided for your reference only and is not necessarily current. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site, except where required by law. You agree that it is your responsibility to monitor changes to our site.

  5. Prices and Modifications to the Service and Products All prices in the shop are stated in Euros including statutory value-added tax (VAT), unless expressly stated otherwise. We reserve the right to change prices at any time without prior notice. We reserve the right at any time to modify, restrict, or discontinue the Service (or any part or content thereof) without notice at any time.

  6. Products, Availability and Display Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or refund only according to our applicable Return Policy. We have made every effort to display as accurately as possible the colors, images, and descriptions of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color or appearance will be accurate. We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction where objectively justified. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer and to discontinue any product at any time.

Availability of Items All items offered in the shop are generally available, subject to prior sale or unavailability from the supplier. Since we do not maintain our own warehouse, but procure goods directly through our suppliers, the actual availability of an item can only be bindingly checked after receipt of your order in individual cases. If an ordered item should unexpectedly be unavailable after receipt of your order, we will inform you of this immediately by email. In this case, we offer you the following options:

You wait for the next available delivery of the item, or we will fully refund the purchase amount already paid; in this case, the order will be canceled. Statutory rights remain unaffected. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your personal expectations.

  1. Conclusion of Contract and Billing/Account Information By submitting an order, you place a binding offer to purchase the goods contained in the shopping cart. The contract is only concluded when we expressly accept your order or dispatch the goods. We reserve the right to reject orders in individual cases, particularly in the event of obvious pricing errors, unavailable goods, or suspected fraudulent orders. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was made. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store and to promptly update your account and other information so that we can complete your transactions and contact you as needed.

  2. Shipping and Delivery Shipping takes place after receipt of payment. Unless a different delivery time is specified in the respective offer, shipping takes place within the delivery period specified in the shop. Please note that our shipping service provider generally only collects packages Monday through Friday. Orders received on Fridays or Saturdays can therefore regularly only be shipped on the following Monday, unless a different delivery time is specified. Delivery delays due to force majeure, unforeseen disruptions, or failure of our own suppliers to deliver through no fault of our own extend the delivery time appropriately. In this case, we will inform you immediately.

  3. Optional Tools and Third-Party Services We may provide you with access to third-party tools or services over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk. Future new services and/or features offered through the website shall also be subject to these Terms and Conditions.

     

  4. Third-Party Links Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

     

  5. User Comments, Feedback and Other Submissions If you send us comments, reviews, ideas, suggestions, or other materials, you grant us a non-exclusive right to use, edit, copy, publish, or otherwise exploit these contents as necessary for the presentation, processing, or marketing of our offerings. We are and shall be under no obligation:

to maintain any comments in confidence; to pay compensation for any comments; or to respond to any comments. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, misleading, hateful, discriminatory, or otherwise objectionable. You agree that your comments will not violate any right of any third party and will not contain any malware or viruses. You are solely responsible for any comments you make and their accuracy.

  1. Personal Data Your submission of personal information through the store is governed by our Privacy Policy.

  2. Errors, Inaccuracies and Omissions Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice. Unless required by law, we undertake no obligation to update, amend, or clarify information in the Service or on any related website.

  3. Prohibited Uses In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content:

for any unlawful purpose; to solicit others to perform or participate in any unlawful acts; to violate any international or national regulations, rules, or laws; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Service or any related website. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

  1. Limitation of Liability We are liable without limitation in cases of intent and gross negligence, as well as for culpable injury to life, body, or health. In cases of slightly negligent breach of essential contractual obligations, our liability is limited to the foreseeable damage typical for the contract. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer may regularly rely. Any further liability for light negligence is excluded to the extent permitted by law. The above limitations of liability also apply in favor of our legal representatives, employees, and vicarious agents. Mandatory statutory liability regulations, in particular under the Product Liability Act (Produkthaftungsgesetz), remain unaffected.

  2. Warranty Statutory warranty rights apply. For business entities/entrepreneurs, the following applies to contracts for the purchase of goods:

obvious defects must be reported in writing immediately, at the latest within 7 days of receipt of the goods; hidden defects must be reported in writing immediately upon discovery. If a timely notification is not made by business entities, the statutory provisions on the duty to inspect and give notice of defects apply.

  1. Special Terms and Conditions for Business Customers (B2B) Scope for Business Customers If orders are processed via a customer account registered as a business customer, the following provisions apply in addition to these Terms and Conditions. A business customer is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial, independent, or professional activity.

Registration and Discount Codes Business customers may receive a discount code after successful registration and verification. The use of such discount codes is subject exclusively to the conditions communicated in each case. There is no entitlement to a permanent discount code.

Prices and Payment Terms For business customers, the prices indicated in the shop apply, unless otherwise agreed individually. Unless otherwise agreed in writing, payments are due immediately without deduction.

Large Quantities / Individual Offers Deliveries of larger quantities, in particular over 20 kg, as well as special combinations, event packages, or customized orders can be calculated separately. In these cases, we will prepare an individual offer.

Warranty and Liability in the B2B Sector With respect to business customers, statutory regulations apply with the proviso that permissible restrictions or specification in commercial business transactions can be applied.

Inclusion By registering and using a business customer account, the business customer accepts these supplementary conditions.

  1. Indemnification You agree to indemnify, defend, and hold harmless us and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from any claim or demand made by any third party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party. This includes reasonable attorney's fees.

  2. Severability In the event that any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions; such determination shall not affect the validity and enforceability of any other remaining provisions. Statutory provisions shall apply in place of the invalid provision.

     

  3. Termination The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. We reserve the right to terminate or restrict your use of our Service or website at any time if you fail to comply with any term or provision of these Terms and Conditions.

  4. Applicable Law The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that compulsory statutory provisions of the state in which the consumer has their habitual residence are not restricted.

  5. Place of Jurisdiction If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship is our place of business, provided there is no exclusive statutory place of jurisdiction.

  6. Contact Information Questions about the Terms and Conditions should be sent to us at: Tapas y Vino – Inh. J. Lopes Einzelunternehmerin Up´n Sand 1b, 21217 Seevetal info@tapasyvino.de Phone: 01590 6424394