General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Weinist GmbH) via the website cafecarlier.com. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject matter of the contract is the sale of goods.

(2) By placing the respective product on our website, we are already making you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart.” You can access the “shopping cart” at any time by clicking on the corresponding button in the navigation bar and make changes there.
After clicking on the “Checkout” or “Proceed to order” button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will be displayed to you as an order overview.

If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting the order, you have the option of checking the details in the order overview again, changing them (also using the “back” function of your internet browser) or canceling the order.

By submitting your order using the corresponding button (“order with obligation to pay,” “buy” / “buy now,” “order with obligation to pay,” ‘pay’ / “pay now,” or similar designation), you declare your legally binding acceptance of the offer, thereby concluding the contract.

(4) Your requests for quotations are non-binding for you. We will send you a binding offer in text form (e.g., by email), which you can accept within 5 days (unless a different period is specified in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided us with is correct, that the receipt of emails is technically ensured and, in particular, that it is not prevented by spam filters.

§ 3 Special agreements on offered payment methods

(1) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via “PayPal” / “PayPal Checkout,” payment will be processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods via ‘PayPal’ are displayed on our website under a correspondingly labeled button and in the online ordering process. “PayPal” may use other payment services for payment processing; if special payment conditions apply, you will be notified of this separately. For more information about PayPal, please visit https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(2) Payment via Stripe
If you select a payment method offered via Stripe, payment processing will be handled by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; Stripe). The individual payment methods via Stripe are displayed on our website under a correspondingly labeled button and in the online ordering process. Stripe may use other payment services for payment processing; if special payment terms apply, you will be notified of this separately. For more information about Stripe, please visit https://stripe.com/de.

§ 4 Right of retention, retention of title

(1) You may only exercise a right of retention if the claims arise from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 5 Warranty

(1) The statutory rights of liability for defects apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so shall not affect your statutory warranty claims.

(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of this by us before the contractual declaration was made and the deviation was expressly and separately agreed between the contracting parties.

§ 6 Choice of law, place of performance, place of jurisdiction

(1) German law shall apply. For consumers, this choice of law shall only apply insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country of their habitual residence (principle of favorability).

(2) The place of performance for all services arising from the business relationships with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

§ 7 Protection of minors

(1) When selling goods that are subject to the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the minimum age required by law.
Existing age restrictions are indicated in the respective item description.

(2) By submitting your order, you confirm that you have reached the minimum age required by law and that your name and address details are correct. You are obliged to ensure that only you or persons authorized by you to receive the delivery who have reached the minimum age required by law receive the goods.

(3) Insofar as we are obliged by law to carry out age checks, we instruct the logistics service provider responsible for delivery to only hand over the delivery to persons who have reached the minimum age required by law and, in case of doubt, to ask the person receiving the goods to show their identity card for age verification purposes.

(4) If we indicate in the respective item description that you must be at least 18 years of age to purchase the goods, the above paragraphs 1-3 shall apply with the proviso that you must be of legal age instead of the minimum age prescribed by law.

II. Customer information

1. Identity of the seller

Weinist GmbH
Auf den Gänsewiesen 18a
65835 Liederbach am Taunus
Germany
Phone: +49 176 99 55 22 00
Email: info@cafecarlier.com

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

We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself, and the options for correction are carried out in accordance with the provisions of “Conclusion of the Contract” in our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. The contract language is German.

3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser’s print function. After we receive the order, the order data, the information required by law for distance contracts, and the General Terms and Conditions will be sent to you again by email.

3.3. For requests for quotations outside the online shopping cart system, you will receive all contract data in the form of a binding quotation in text form, e.g. by email, which you can print out or save electronically.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective quotation.

5. Prices and payment terms

5.1. The prices stated in the respective offers and the shipping costs represent total prices. They include all price components, including all applicable taxes.

5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.

5.3. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

5.4. Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Delivery conditions

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment is only transferred to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.

7. Statutory liability for defects

Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information were created by the Händlerbund’s lawyers specializing in IT law and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and is liable in the event of warnings. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last update: August 29, 2025