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General terms and conditions of the Heinemann online shop

Welcome to the Heinemann online shop!

Once you have registered, you will benefit from both of the following services:

Delivery service

If you have a valid flight ticket, you can make a binding order for any of the products that we offer, up to 6 months before your day of travel and have your purchases delivered conveniently to your home. 

Click & Collect

Take advantage of the opportunity to make a non-binding reservation for products in one of our Heinemann shops at the airport and pick your purchases up in person at a convenient time.

The following section contains our general terms and conditions for business relationships between Gebr. Heinemann SE & Co. KG and you as a user of our delivery and Click & Collect services via our online platform www.heinemann-shop.com. Please read through these general terms and conditions, as well as our data protection statement,carefully.

You may download our terms and conditions document here.

Section I: General provisions

  1. Scope of application and provider
  2. Registration, account, access data
  3. Order process
  4. Coupons and discounts
  5. Image rights and trademarks

Section II: Specific conditions for using our Heinemann delivery service

  1. Conclusion of contract
  2. Conditions of delivery and self-supply reservation
  3. Prices and shipping costs
  4. Payment terms
  5. Retention of title
  6. Cancellation rights
  7. Contractual return rights
  8. Warranty claims and liability
  9. Information in accordance with the BattG

Section III: Specific conditions for using our Click & Collect service

  1. Click & Collect order and confirmation of receipt
  2. Binding offer/missing delivery options/cancellation/change
  3. Conclusion of contract

Section IV: Final provisions

  1. Governing law
  2. Information regarding extrajudicial settlements
  3. Legal consequences if individual regulations become invalid

 

Section I: General provisions

  1. Scope of application and provider
    1. The general terms and conditions set out below apply to your registration as a customer in our Heinemann online shop, your use of the website (see sections I and IV), your use of the Heinemann delivery service (see sections I, II and IV) and your use of the Click & Collect service (see sections I, III and IV).
    2. The Heinemann online shop is operated by

      Gebr. Heinemann SE & Co. KG
      Koreastrasse 3
      D-20457 Hamburg
      Tel: +49 (0) 40 3 01 02 - 0
      E-mail: info[@]gebr-heinemann.de

      Managing Directors: Max Heinemann, Raoul Spanger, Inken Callsen, Dr. Kai Deneke, Florian Seidel
      Hamburg commercial register: No. A 15017
      EU VAT no. DE118908680

      Our international customer service hotline is available to take your call from Monday to Friday from 8:00 am to 6:00 pm (excluding public and bank holidays):

      Telephone: 00800 222 44 222 (fees may apply depending on the country or network provider)
      German land line number: +49 (0) 40 80 00 45 40
      E-mail: service[@]heinemann-shop.com
  2. Registration, account, access data
    1. To register in our Heinemann online shop and be able to use our Heinemann delivery service and/or Click & Collect service, you must
      1. be at least 18 years old and
      2. be authorized to enter into a binding contract with us, without being constrained by the applicable laws.
    2. You guarantee that the information that you submit to us during registration is accurate, correct and complete, and that you will notify us immediately of any changes to this information.
    3. Each user is permitted to create only one account.
    4. As a user, you are not permitted to give third parties access to the login details for your account in our Heinemann online shop. This is to ensure that no third parties can misuse your account.
    5. You hereby acknowledge that you are responsible each time that your user name and password are used to access our Heinemann online shop, as far as this was caused by at least your negligent acts or omissions.
    6. If you lose your user name and password, if they are stolen or if you realize that your account has been used by a third party without your knowledge, you must contact us and change your password as soon as possible.
  3. Order process
    1. You can place the products available at heinemann-shop.com in your shopping cart for the Heinemann delivery service or the Click & Collect service. You can see and change your selection of items at any time before the order or Click & Collect is dispatched.
    2. The Heinemann delivery service and Click & Collect service may not both be used together as part of one order.
    3. You are permitted to use our Heinemann delivery service and Click & Collect service only if you accept the general terms and conditions by clicking on the "Accept GTC" button.
  4. Coupons and discounts
    Coupons, discounts and other benefits must not be used in combination and are for use only upon conclusion of the contract and in consideration of the relevant conditions. A cash payment is not possible.
  5. Image rights and trademarks
    All image rights and trademarks are held by Gebr. Heinemann SE & Co. KG or its partners. Use of these without express permission is prohibited.

Section II: Specific conditions for using our Heinemann delivery service

The conditions stated in Section II apply only if you select the "[Buy now]" option.

  1. Conclusion of contract
    1. The products presented in our Heinemann online shop do not constitute a binding offer. By pressing the "[Buy now]" button, you are making a legally binding offer to buy the products that are in your shopping cart. Our products are sold for personal use in standard household quantities only.
    2. An automated e-mail will be sent immediately after you have placed the order to confirm its receipt. This e-mail documents only that we have received your order and does not constitute the acceptance of your order.
    3. We may accept your order by sending you a separate order confirmation by e-mail or by shipping the goods within three business days. You will be informed promptly of the shipment by e-mail.
    4. We will save the terms of our contract and send you the order information (consisting of your order, the GTCs and order confirmation) by e-mail. You can view past orders in your account.
    5. Contracts with customers of our online shop are made exclusively in German or in English, depending on whether the customer places an order on the German-language or English-language pages of the online shop. If your order is placed on the German-language website, only the German version of these general terms and conditions is relevant. If your order is placed on the English-language website, only the English version of these general terms and conditions is relevant.
    6. Customers warrant that they are over 18 years of age by submitting their order. Customers further warrant that their information regarding their age, name and address are correct.
  2. Conditions of delivery and self-supply reservation
    1. Delivery is made within Germany only.
    2. Unless otherwise stated on product selection, the delivery period usually is two to three business days. The delivery period indicated by us begins when we confirm the order, provided the purchase price has been paid in advance.
    3. We may deliver ordered products separately, provided that the products can be used individually, in which case we will pay any additional shipping costs.
    4. If the goods cannot be delivered after three delivery attempts and this is your fault, we reserve the right to rescind the contract. In this case, full reimbursement will be made immediately for all payments made.
    5. If the ordered product is not available despite concrete cover transactions because, through no fault of our own, we have not received this product from our supplier and will not receive the product in the foreseeable future, we reserve the right to rescind the contract. In this case, we will inform you immediately and, if possible, propose the delivery of a comparable product. If no comparable product is available or you do not wish to receive a comparable product, we will promptly refund any purchase price and relevant shipping costs paid by you.
    6. Due to necessary technical processes within our goods management system, in rare instances a particular vintage of wine may be temporarily out of stock. In such cases, we will automatically provide you with the following year's vintage, provided that it is similar in variety, price and quality. Should this wine fail to meet your expectations, we would ask you to send the delivery back to us, stating the reason for the return. We will then immediately refund the full purchase price.
    7. We take the protection of minors very seriously and deliver goods that are subject to an age restriction only to persons over the age of 18 in accordance with the Youth Protection Act. For this purpose, our parcel will be marked with a sticker stating that no delivery may be made to persons under the age of 18. The delivery person carries out a visual age check. In this way, we ensure that the recipient of the parcel has reached the required minimum age and the goods are only handed over after the visual age check has been carried out. In case of doubt, the recipient will be identified by means of an ID card. Shipping to packing stations is not possible for these goods due to the age verification.
  3. Prices and shipping costs
    1. The prices quoted on the product pages of our Heinemann online shop include the relevant legal VAT and other price components.
    2. The prices quoted also include shipping costs, if starting from an order amount of at least EUR 75.00. If the order amount is less than this, you are responsible for a flat shipping charge of EUR 4.95. As part of promotions we may make exceptions to this in favor of individual or all customers.
  4. Payment terms
    1. The purchase price is due for payment when we accept the order.
    2. You may pay by credit card, invoice (Klarna) or PayPal.
      1. Credit card
        You will enter your credit card details during the order process. After successful identification as legitimate cardholder, the payment transaction will be carried out automatically and the card will be charged. To ensure the security of your payment, credit card payments are managed by our payment partner Adyen N.V. (Simon Carmiggeltstraat 6-50, 1011 DJ Amsterdam, The Netherlands). You will receive further instructions during the ordering process.
      2. On account
        Purchase on account is made in cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm. In this case, payment must be made to Klarna. You must make payment within a term of 14 days after receiving the goods. Klarna will check your creditworthiness in this connection to determine whether you can be granted payment on account. Please understand that the availability of purchase on account depends on the result of this credit check. Klarna's complete terms and conditions for purchase on account are available under the following link: https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en_de/invoice
      3. PayPal
        The payment method PayPal is handled by PayPal (Europe) S.à r.l. & Cie, S.C.A., 5th floor, 22-24 Boulevard Royal, L-2449 Luxembourg. In this case, the payment data you enter will be transmitted to PayPal. The bases for this payment are art. 6 para. 1 a) DSGVO (consent) and art. 6 para. 1 b) DSGVO (processing for the fulfillment of a contract). You can revoke consent you have granted at any time with effect for the future.
    3. If you are late with payment, interest on the purchase price shall accrue at the rate of 5% p.a. above the base interest rate until the date of payment. We reserve the right to prove and recover additional damages due to non-payment.
  5. Retention of title
    We retain the title to all goods until full payment is received. Prior to transfer of title, products may not be pledged, assigned for security purposes, processed or redesigned without our consent.
  6. Cancellation rights
    1. If you are a consumer (i.e. a natural person who places an order for purposes that do not primarily involve commercial or freelance business activities), you have a right to cancellation as provided by applicable law.
    2. With respect to your cancellation rights, we hereby advise you as follows:

      If you have ordered several goods by placing one single order and the goods are delivered in one delivery, your cancellation rights are as follows:

      – Start of the cancellation policy without partial deliveries –

      Cancellation policy

      Cancellation rights

      You have the right to cancel this contract within 14 days for any or no reason.

      The cancellation period is 14 days from the day on which you or a third party designated by you, other than the carrier, received the goods.

      To exercise your cancellation right, you must notify us (Gebr. Heinemann SE & Co. KG, Koreastrasse 3, D-20457 Hamburg, Germany, E-mail: service[@[heinemann-shop.com, Telephone: 00800 222 44 222 (fees may apply depending on the country or network provider), German land line number: +49 (0) 40 80 00 45 40) by sending us a clear, written statement (e.g. by post or e-mail) of your decision to cancel this contract. You may, but have no obligation, to use the attached cancellation form.

      Notice of cancellation is considered timely provided it is sent before the end of the cancellation period.

      Consequences of cancellation

      If you cancel this agreement, we must refund you all the payments we have received from you, including the cost of delivery (except for any additional costs resulting from the fact that you have chosen a different type of delivery than the lowest cost standard delivery offered by us) within a period of fourteen days from the date on which the notice of cancellation of this contract has been received by us. The refund will be made using the same method of payment you used for the original transaction, unless expressly agreed otherwise with you; we will not charge you any fees for this refund under any circumstances.

      We may refuse to refund your payment until you have returned the goods to us or have provided proof that you have shipped the goods back to us, whichever event occurs first.

      You must ship the goods back to us personally or return them promptly, in any event not later than 14 days from the date on which you provide us with notice of cancellation, to Gebr. Heinemann SE & Co. KG, Retourenabteilung HD, Marie-Curie-Straße 7-9, D-63526 Erlensee, Germany. Returns are timely provided the goods are returned before the end of the 14-day period. We will pay the costs of return shipping.

      You are responsible for any depreciation of the products only if such depreciation results from your handling of the products in a manner not necessary for inspecting the condition, features or functionality of the product.

      – End of the cancellation policy without partial deliveries –
      If you have ordered several goods by placing one single order and the goods are delivered in multiple partial deliveries, your cancellation rights are as follows:

      – Start of the cancellation policy with partial deliveries –

      Cancellation policy

      Cancellation rights

      You have the right to cancel this contract within 14 days for any or no reason.

      The cancellation period is 14 days from the day on which you or a third party designated by you, other than the carrier, received the final goods.

      To exercise your cancellation right, you must notify us (Gebr. Heinemann SE & Co. KG, Koreastrasse 3, D-20457 Hamburg, Germany, Email: service[@]heinemann-shop.com, Telephone: 00800 222 44 222, German land line number: (+49 040 80 00 45 40) by sending us a clear, written statement (e.g. by mail or e-mail) of your decision to cancel this contract. You may, but have no obligation, to use the attached cancellation form.

      Notice of cancellation is considered timely provided it is sent before the end of the cancellation period.

      Consequences of cancellation

      If you cancel this agreement, we must refund you all the payments we have received from you, including the cost of delivery (except for any additional costs resulting from the fact that you have chosen a different type of delivery than the lowest cost standard delivery offered by us) within a period of fourteen days from the date on which the notice of cancellation of this contract has been received by us. The refund will be made using the same method of payment you used for the original transaction, unless expressly agreed otherwise with you; we will not charge you any fees for this refund under any circumstances. We may refuse to refund your payment until you have returned the goods to us or have provided proof that you have shipped the goods back to us, whichever occurs first.

      You must ship the goods back to us personally or return them promptly, in any event not later than 14 days from the date on which you provide us with notice of cancellation, to Gebr. Heinemann SE & Co. KG, Retourenabteilung, Marie-Curie-Strasse 7-9, D-63526 Erlensee, Germany. Returns are timely provided the goods are returned before the end of the 14-day period. We will pay the costs of return shipping.

      You are responsible for any depreciation of the products only if such depreciation results from your handling of the products in a manner not necessary for inspecting the condition, features or functionality of the product.

      – End of the cancellation policy with partial deliveries –
      To return goods, print out a return package slip from the "Customer Account" page of heinemann-shop.com/en/global/account. Sending goods back with the return package slip is free.
    3. There is no right of cancellation for the following contracts:
      1. Contracts for the delivery of products that are not pre-manufactured and the manufacture of which requires individual selection or specification by the consumer or which clearly are custom-tailored to the personal needs of the consumer,
      2. Contracts for the delivery of products that are perishable or have a short expiration date,
      3. Contracts for delivery of sealed products which for health or hygiene reasons are not suitable for return if the seal has been removed after delivery,
      4. Contracts for the delivery of goods if, due to the nature of the goods, these were mixed inseparably with other goods after delivery,
      5. Contracts for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract but which can only be delivered 30 days after completion of the contract at the earliest, and for which the actual value depends on fluctuations in the market over which the company has no influence.
    4. The cancellation form is available to download here.
  7. Contractual return rights
    1. In addition to your contractual cancellation rights and contractual warranty claims, we also voluntarily grant you contractual return rights on all purchases made in our Heinemann online shop for a total of 14 days from receipt of the goods. These return rights mean that you are entitled to withdraw from the contract by returning the goods to us within 14 days of their receipt (beginning on the day of receipt of the goods). Shipping the goods on time is sufficient to meet the deadline.
    2. If you would like to return one or multiple ordered goods, please select the required order under "Orders" in your customer account and mark the items that you wish to return, as well as the reasons for the return. You can select whether we should send you a replacement or reimburse your money. Then please print out the return receipt, cut out the return label and stick it to the package. If your return consists of multiple packages, you may print out multiple labels. You can now take the package(s) to your DHL branch.
    3. In order to exercise your return rights you must have unpacked, tried or worn the goods only to see what the goods are like the goods must be returned complete, in their original condition, intact and without any damages in their original packaging or equally appropriate packaging.
    4. Please send the items that you wish to return to:

      Gebr. Heinemann SE & Co. KG
      Retourenabteilung 
      Marie-Curie-Strasse 7-9
      D-63526 Erlensee
      Germany
       
    5. Your contractual cancellation rights (clause 11) and your contractual warranty claims are not affected by compliance with our regulations for additional contractual (voluntary) right of return and remain independent of these.
  8. Warranty claims and liability
    1. Defective delivered products are subject to contractual warranty claims.
    2. We are liable in all instances of contractual and extra-contractual liability in cases of intent or gross negligence in accordance with the legal provisions for claiming compensation or replacement parts for expenses incurred.
    3. In some cases we are liable - unless regulated otherwise in clause 13.2 - only in the event of a breach of a contractual obligation, which must be met for the contract to be fulfilled properly in the first place and on the compliance with which you as a customer can regularly rely (cardinal duty), limited as this is to the replacement of foreseeable and typical damage. In all other cases, our liability is excluded subject to the provisions in clause 13.2.
    4. Our liability for damages resulting from injury to life, the body or health, remains unaffected by the above limitations and exclusions of liability for guaranteed characteristics and in accordance with the German Product Liability Act.
  9. Information in accordance with the German Act on the Sale, Return and Environmentally Friendly Disposal of Batteries (BattG)
    As a distributor of items which may include single-use and rechargeable batteries, we are legally obligated under the German Act on the Sale, Return and Environmentally Friendly Disposal of Batteries (BattG) to inform you as follows:

    Single-use and rechargeable batteries must not be disposed of as household waste. You may return single-use or rechargeable batteries after use to us by mail or drop them off without charge at a specialist location near you (e.g. municipal waste collection center or retailer). As the end-consumer, you are legally obligated to do so.

    The adjacent graphic means that single-use and rechargeable batteries must not be disposed of as household waste. The improper disposal of single-use and rechargeable batteries can have a harmful effect on the environment and on human health, due to the chemicals contained in the batteries. For this reason, disposing of old batteries separately is particularly important for the environment and health.

    Single-use and rechargeable batteries are also marked with the chemical symbols for the harmful substances that they contain. Batteries containing more than 0.0005% by mass of mercury, more than 0.002% by mass of cadmium or more than 0.004% by mass of lead are marked with the appropriate chemical symbols for those metals (e.g. Cd for cadmium, Pb for lead ad Hg for mercury).

Section III: Specific conditions for using our Click & Collect service

The conditions stated in Section III apply only if you select the "[Click & Collect]" option.

  1. Click & Collect and confirmation of receipt
    1. If, during the order process (clause 3), you click on "[Click & Collect Button]" to opt for the Click & Collect service, your Click & Collect acts as a request to us to apply to complete a purchase order with us. This is not the same as a binding statement.
    2. Depending on the airport, the Click & Collect must be made between 9 and 24 hours before the flight departure time for us to consider it.
    3. After your Click & Collect has been completed, you will receive a confirmation of receipt by e-mail, which contains the order data and travel information and provides you with an order number. This confirmation is for informative purposes only and does not constitute a binding obligation. This is therefore no guarantee that the Click & Collected items will be at the pick-up point or cash desk of the Heinemann shops that you have selected.
  2. Binding offer/missing delivery options/cancellation/change
    1. Once you have checked and confirmed the delivery options, order composition and item provision at the pick-up point or the cash desk, you will receive a Click & Collect confirmation by e-mail. The confirmation contains the order number, a guide to the pick-up point/cash desks and a link to your personal customer area, where you can access the order status at any time. The Click & Collect confirmation constitutes a binding obligation to complete a purchase order.
    2. If the price of the item is lower upon collection at the pick-up point/cash desk than the confirmed item price in the Click & Collect confirmation, this lower price shall be valid.
    3. We will inform you immediately if, upon checking the delivery options, it seems that the item that you have ordered is not available. If only one part of the ordered item is available, the Click & Collect confirmation will bind you to purchase this item. At the same time, you will be informed immediately about the delivery option that is not available for the other items. In rare cases, a particular vintage of wine can completely sell out very quickly. In such cases, you will be provided with the following year's vintage, provided that it is similar in variety, price and quality.
    4. You have the right to cancel your order at any time. We will promptly confirm cancellation by e-mail. Changes are unfortunately not possible. However, depending on the airport it might be possible to place a new Click & Collect up to 24 hours before departure.
    5. You are in no circumstances obliged to pick-up or purchase Click & Collect items. If you have not picked up the item by your flight's departure time, we will cancel the Click & Collect. Our binding obligation is no longer valid if items are not picked up by flight departure time.
  3. 17. Conclusion of contract
    1. The contract comes into effect only after you accept our obligation by purchasing the Click & Collect goods at the cash desk in the Heinemann shop that you have selected.
    2. The price listed in the Click & Collect confirmation is due for payment upon collection. If the price of the item is lower upon collection at the pick-up point/cash desk than the confirmed item price in the Click & Collect confirmation, this lower price shall be valid.

Section IV: Final provisions

  1. Governing law
    Taking into account compulsory international private law regulations, the business relationship that exists between you and us is subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
  2. Information regarding extrajudicial settlements
    The European commission provides a platform for online dispute resolution, which you can find at http://ec.europa.eu/consumers/odr. We are also obliged by law to inform you of the competent extrajudicial settlement body: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Strassburger Strasse 8, 77694 Kehl am Rhein, http://verbraucher-schlichter.de. Gebr. Heinemann SE & Co. KG does not participate in either dispute resolution or settlement processes. Please refer to our customer services.
  3. Legal consequences of the invalidity of individual regulations
    If a provision of these general terms and conditions is invalid, this shall not affect the validity of the contract as a whole. The relevant legal regulations shall apply in place of the ineffective provisions.

Date: September 2023