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wein.plus Legal notice

Contact information, privacy policy, terms and conditions and more

Contact information

Wein-Plus Limited liability company

Head office: Wein-Plus GmbH, wetterkreuz 19, D-91058 Erlangen
It is best if you send us your enquiry by e-mail . You will receive an answer promptly and in any case. We will also be happy to call you back if you email us your enquiry, your telephone number and a call-back time.

Legal data

Tax information

Register number:
HRB 10563, Fürth Local Court

Tax number:
216/142/20519

Sales tax ID number:
DE246259578

Privacy policy

Personal data - No disclosure to third parties

To optimise your use of wein.plus, you can create a so-called user profile in which you can also enter personal data about yourself. This allows us to customise wein.plus specifically to your needs. However, you only enter the information that you really want to leave behind. We only require more detailed data for paid premium memberships and the registration of companies.

We also store important administrative activities of our users, such as changing the user profile, logging in and out of services or important user e-mails. This helps us to help you with problems or to recognise improper use of wein.plus services. However, we do not store which pages you visit on wein.plus, so we do not create any user profiles of this kind.

All personal data will of course be treated confidentially. As a matter of principle, we do not make your data available to third parties for use unless you have given your consent or we are obliged to disclose this data, for example due to a court order.

In your own interest, we ask you to use secure access data (user name and password) to prevent unauthorised access to your personal data.

Cookies

Cookies are only used on wein.plus if they are essential for the functioning of the website:

Storage of your login data: When you log in to the system, your user name is stored in a cookie. You decide whether this cookie is deleted again after you close your browser (temporary cookie) or whether it is retained. If you use the "stay logged in" option, the user name is saved permanently so that you do not have to re-enter your user data when you visit the site again. It is not possible for cookies to be read by other websites (third-party providers).

No tracking cookies are used. Cookies are only used for necessary purposes (see above). Therefore, unlike many other websites, the use of cookies does not have to be confirmed by a consent banner when the page is called up.

Double opt-in for your security

Your e-mail address will only be used for wein.plus services (newsletters, e-mail notifications, etc.) if you expressly register for them. For your security, we also send a confirmation to the e-mail address provided, which must be confirmed again by the recipient (double opt-in). This takes place when you first register with wein.plus.

You can unsubscribe from all e-mail services etc. at any time in your profile or with the help of an unsubscribe link in the respective e-mails.

Secure transmission of payment information

For your security, the wein.plus website always uses a secure transmission mode https://. This ensures that your data, in particular credit card information or account information, is secure.

Facebook and other social media plugins

For your security, we do not use Facebook plugins or other plugins on our website that transfer data to social networks when you visit Advertisement. Instead, we use direct links, the use of which is voluntary and which are always clearly recognisable as links to the social networks.

Google Maps

We use Google Maps (API) from Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google") on parts of the website (e.g. in the places or for Advertisement of wine regions). Google Maps is a web service for displaying interactive maps to visualise geographical information.

Google Maps is only used if you expressly agree to this before accessing the relevant areas of our website. Google Maps will therefore not be used if you do not agree to this.

When you access the subpages in which the Google Maps map is integrated, information about your use of our website (such as your IP address) will be transmitted to Google servers and stored there after you have given your consent. This may also result in transmission to the servers of Google LLC. in the USA. Your data will be transmitted regardless of whether Google provides a user account that you are logged in to or whether a user account exists. If you are logged in to Google, your data will be assigned directly to your account. In order to avoid an association with your Google profile, you must log out before activating the button.

Google stores your data (even for users who are not logged in) as usage profiles and analyses them. The collection, storage and evaluation are carried out in accordance with Art. 6 para. 1 lit. f GDPR on the basis of Google's legitimate interest in the display of personalised advertising, market research and/or the needs-based design of Google websites. You have the right to object to the creation of these user profiles by contacting Google to exercise this right.

If you do not agree to the future transmission of your data to Google in connection with the use of Google Maps, you do not have to give your consent before accessing the relevant areas. In this case, Google Maps and thus the map display on our website cannot be used. All other areas of the website will function without restriction regardless of this.

further information on data protection in connection with the use of Google Maps can be found in Google's privacy policy ("Google Privacy Policy"): https://www.google.de/intl/de/policies/privacy/.

You can view Google's terms of use at https://www.google.de/intl/de/policies/terms/regional.html

Further information on the additional terms of use for Google Maps can be found at https://www.google.com/intl/de_US/help/terms_maps.html

Etracker

The provider of this website uses the services of etracker GmbH from Hamburg, Germany(www.etracker.com) to analyse usage data. We do not use cookies for web analysis by default. If we use analysis and optimisation cookies, we will obtain your explicit consent separately in advance. If this is the case and you give your consent, cookies are used to enable a statistical analysis of the reach of this website, to measure the success of our online marketing measures and test procedures, e.g. to test and optimise different versions of our online offering or its components. Cookies are small text files that are stored by the Internet browser on the user's end device. etracker cookies do not contain any information that enables a user to be identified.

The data generated with etracker is processed and stored by etracker exclusively in Germany on behalf of the provider of this website and is therefore subject to the strict German and European data protection laws and standards. etracker has been independently audited and certified in this respect and has been awarded the ePrivacyseal data protection seal of approval.

Data processing is carried out on the basis of the legal provisions of Art. 6 para. 1 lit. f (legitimate interest) of the General Data Protection Regulation (GDPR). Our concern within the meaning of the GDPR (legitimate interest) is the optimisation of our online offering and our website. As the privacy of our visitors is important to us, the data that may allow a reference to an individual person, such as the IP address, login or device identifiers, are anonymised or pseudonymised as soon as possible. No other use, combination with other data or transfer to third parties takes place.

You can object to the data processing described above at any time. The objection has no negative consequences.

link

Further information on data protection at etracker can be found here.

Amazon SES

We send transactional emails and newsletters via the "Amazon SES" service. We use the Amazon data centre in Ireland. We have concluded a contractual agreement with Amazon for the processing of data within the meaning of Art. 28 GDPR in order to protect your data.

Changes to this privacy policy

This privacy policy may be amended at any time. However, this will never have the effect of restricting the promises to pass on your data to third parties.

Questions on the subject of data protection

If you have any unanswered questions, please send us an e-mail.

General Terms and Conditions

1. Scope of application

1.1 The following terms and conditions apply to services provided by wein.plus on the wein.plus website operated by Webpages, including the newsletters offered there. This includes in particular advertising banners and text advertising in newsletters (hereinafter "online advertising").

1.2 Deviating, conflicting or supplementary general terms and conditions shall not become part of the contract, even if wein.plus is aware of them, unless wein.plus expressly agrees to their validity in writing.

2. Conclusion of contract

2.1 A contract between wein.plus and the advertiser, an advertising agency or another third party (hereinafter uniformly referred to as "customer") is concluded upon acceptance of the customer order by wein.plus.

2.2 A contract for advertising with an advertising agency or an advertising intermediary is only concluded by wein.plus for named customers. Upon request, the advertising agency or advertising agent must provide proof of their commission.

3. Rights and obligations of wein.plus

3.1 wein.plus will fulfil the advertising order in accordance with the details in the order form. The customer has no claim to placement of the advertisement in a specific position on the respective website or printed work.

3.2 If the remuneration for online advertising is calculated on a CPM basis, wein.plus will inform the customer on request (before placing the order) about the number of page impressions and the click rate (ratio of page impressions to clicks) of Webpages on which the customer's online advertising is placed.

3.3 If the advertising is not obviously recognisable as advertising, wein.plus may identify it as such, in particular by marking it with the word "advertisement" and/or separating it from the editorial content in order to clarify its advertising character.

3.4 In consultation with the customer, wein.plus is authorised to provide partial services.

3.5 wein.plus reserves the right to postpone the date of publication of an advertisement if there are legal concerns (e.g. copyright, criminal law) against the publication, if the relevant service for online advertising is not available for legal reasons or if technical circumstances prevent publication on the agreed date. wein.plus will take into account the customer's known interests when postponing the date.

3.6 wein.plus is authorised to interrupt the advertising or to reject materials and contents provided by the customer for the advertising if there is a justified suspicion that the contents and materials, including the contents to which reference is made by means of a link within the online advertising, violate the applicable law of the Federal Republic of Germany or infringe the rights of third parties. wein.plus will inform the customer of the blocking immediately, stating the reasons.

wein.plus in such a case, can offer the customer to change the respective advertisement. Additional costs due to a new or reprogramming of Webpages with the online advertising are to be borne by the customer in accordance with the prices stated in the media data; expenses are to be reimbursed.

3.7 wein.plus may also reject content and materials if they do not meet the set requirements in terms of content or quality. In this case, the customer is entitled to send wein.plus a modified version of the advertisement. If this replacement advertising is not received by wein.plus in good time, i.e. at least 12 hours before the first publication in the case of online advertising or 60 working days before publication in the case of print advertising, wein.plus retains the right to the contractually agreed remuneration even if the advertising is not published or not published on time.

3.8 wein.plus further reserves the right to reject advertising from competitors of wein.plus. The parties agree that wein.plus is entitled to extraordinary cancellation if wein.plus only becomes aware of the circumstances justifying the rejection after the conclusion of the contract. Further claims of the customer do not exist in such a case.

3.9 wein.plus has the right to conclude advertising contracts with competitors of the customer.

3.10 wein.plus does not owe the creation of graphics and advertising copy. Insofar as wein.plus provides these services on the basis of an individual written agreement, the costs for the creation of graphics and advertising texts shall be remunerated separately.

4. Rights and obligations of the customer

4.1 The customer shall provide wein.plus with the materials and information required for print and online advertising in full and free of errors no later than five working days before the planned publication. The customer must check the legality of the materials and type of advertising beforehand. The customer guarantees that the material is suitable for the agreed purposes, in particular for screen display, in the appropriate environment and in the contractually agreed type and size.

4.2 The customer undertakes to comply with the technical and content specifications in accordance with the contractual provisions. In addition, the specifications of the media data available at the URL shall apply, which can also be requested in written form from wein.plus.

For the creation/revision of adverts, we charge the graphic work, depending on the work involved, at the in-house rate of 60 euros per hour, but at least a flat rate of 30 euros. Design work/new creation of adverts will be charged separately according to the time required in accordance with the collective agreement for design services SDSt / AGD. With the approval of drafts, final versions or final artwork by the client, the client assumes responsibility for the correctness of text and images.

The Advertisement designed by the publisher remains the property of the publisher and may not be passed on to third parties without prior agreement with the publisher. Infringements will be prosecuted.

4.3 The customer must examine the online advertising immediately after publication and report any errors without delay, but at the latest within five working days of the first publication. After expiry of this period, the online advertising is deemed to have been accepted.

4.4 All services provided by wein.plus are subject to correct and timely delivery to and the fulfilment and performance of the customer's obligations and cooperation. The customer names wein.plus an employee as contact person.

4.5 The customer undertakes to comply with the applicable data protection regulations - in particular the Federal Data Protection Act and the Teleservices Data Protection Act - and to impose this obligation on its employees.

4.6 The customer warrants that the advertising as such and its content comply with all relevant legal provisions and, in particular, that it does not violate any criminal or competition law provisions and does not infringe any third-party rights.

5. Granting of rights

5.1 The customer grants wein.plus the worldwide simple rights of use, limited in time to the term of this contract, to the content provided in connection with the advertising, in particular the advertising content, which are necessary for unrestricted use on the Internet for the implementation of this agreement.

This includes in particular the online access and transmission right as well as the right to make available on demand, the broadcasting right, the reproduction and distribution right and the archiving and database right, in each case including all digital and analogue transmission and retrieval technologies, in particular via cable, radio (terrestrial) and microwaves, including all methods (such as in particular GSM and UMTS etc.), satellites, including direct-to-home and direct-to-home transmission and retrieval technologies.), satellites including direct satellites, using all known protocols (in particular TCP/IP, HTTP, WAP, HTML, XML etc.) and including all receiving devices such as in particular PCs and computer networks, mobile phones, pocket PCs, radio devices and other end devices.

5.2 The granting of rights is limited in time for the duration of this contract. The rights of use are expressly transferred only as simple rights, i.e. the customer remains authorised to dispose of the rights to the contractual content and materials himself. Upon termination of this agreement, wein.plus shall transfer the use of the content provided to the customer and either return any materials supplied by the customer or demonstrably destroy them.

5.3 The customer guarantees that he is authorised to set the hyperlinks associated with the advertising.

5.4 The customer guarantees that he is authorised to dispose of the rights granted by this contract wein.plus, in particular the necessary rights of use under copyright and ancillary copyright law. The customer further guarantees that personal rights of third parties or other rights of third parties are not violated by a contractual utilisation of the content.

5.5 The customer shall indemnify wein.plus against any third-party claims that may be asserted in connection with the contractual utilisation of the content or due to non-compliance with the customer's obligation pursuant to Section 4.6. Reimbursable costs also include the reasonable costs of legal prosecution and legal defence which wein.plus should incur in enforcing the rights transferred to wein.plus under this agreement or in defending against third-party claims. wein.plus will, however, inform the customer immediately of any legal prosecution and legal defence measures to be taken and give the customer the opportunity to take legal action against the third party or parties.

6. Prices, terms of payment, Sepa direct debit, cancellation periods

6.1 Insofar as the remuneration is not expressly regulated in the order form, it is based on the current version of the media data.

6.2 wein.plus reserves the right to change the remuneration set out in the media data. Changes will be made no more than twice a year. If these prices are changed, the new conditions shall also apply to current contracts, with immediate effect in the case of price reductions and after the expiry of one month following receipt of the price change notification in the case of price increases.

6.3 In the event of price increases of more than 5% compared to the previous price, the customer has an extraordinary right of cancellation. The customer must exercise this right in writing to wein.plus within ten working days of receipt of the notification of the price increase, otherwise the price change is deemed to have been approved.

6.4 The prices published by wein.plus are net amounts. wein.plus will show any applicable statutory VAT separately.

6.5 Advertising services of wein.plus are due for payment on the first day of publication of the advertisement against invoice from wein.plus. Insofar as advertising cannot be placed due to non-fulfilment of customer obligations or due to section 3.6, the first day of the planned publication is decisive for the due date.

6.6 For advance notifications (prenotification) for basic direct debits, a shortened period of 3 calendar days applies
of 3 calendar days.

6.7 The cancellation period for Premium Membership is four weeks before expiry. If it is not cancelled by then, it will be extended for a further year.

7. Warranty/liability

7.1 In the event of defects in the advertising, wein.plus shall, at its discretion, initially provide rectification or replacement. If the subsequent fulfilment fails, the customer may, at his discretion, demand a reduction in payment or cancellation of the contract. In the case of only minor defects, the customer has no right of cancellation.

7.2 The customer must report obvious defects in the advertising in writing within a period of 2 weeks from the live placement of the advertising; otherwise the assertion of the warranty claim is excluded. Timely despatch of the notification of defects shall suffice to meet the deadline.

7.3 Events of force majeure that make the fulfilment of a service or obligation significantly more difficult or impossible shall entitle the affected party to postpone the fulfilment of this service or obligation for the duration of the hindrance and a reasonable start-up period. Industrial disputes in the companies of the parties or industrial disputes in third-party companies shall be deemed equivalent to force majeure. If, due to the nature of the hindrance, it cannot be expected that the service will be provided within a reasonable period of time, each party shall be entitled to withdraw from this contract in whole or in part due to the part of the service not yet fulfilled.

7.4 Otherwise, wein.plus shall only be liable if wein.plus, its vicarious agents and/or legal representatives are guilty of intentional or grossly negligent behaviour. This does not apply if main contractual obligations are violated by wein.plus, its vicarious agents and/or legal representatives.

7.5 In the event of slight negligence, liability on the part of wein.plus and/or its vicarious agents and legal representatives for financial losses is excluded with regard to indirect losses, in particular consequential losses, unforeseeable losses or atypical losses and loss of profit.

7.6 In the case of financial losses in the event of slight negligence, the liability of wein.plus is limited to the total remuneration to be paid by the customer in accordance with Section 6.

7.7 Any statutory strict liability of wein.plus - in particular liability under the Product Liability Act and statutory warranty liability - remains unaffected by the above limitations of liability (clauses 7.4-7.6). Likewise, sections 7.4 to 7.6 do not apply to the liability of wein.plus in the event of culpable injury to life, limb or health of the customer.

7.8 Sections 7.4 to 7.7 include all contractual and non-contractual claims arising from this agreement or the use of the services and/or wein.plus site.

7.9 Claims of the customer against wein.plus due to poor performance or defects in advertising shall lapse one year after the claim arises and knowledge or grossly negligent or wilful ignorance of the circumstances giving rise to the claim. This does not apply to tort claims or claims based on wilful behaviour on the part of wein.plus.

8. Right of cancellation

8.1 You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.

8.2 To exercise your right of cancellation, you must inform us (wein.plus GmbH, wetterkreuz 19, 91058 Erlangen, E-Mail: info@wein.plus, telephone 09131 7550-0 (Mon.-Fri., 9 am - 5 pm)) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form, but this is not mandatory.

8.3 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

8.4 If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

8.5 We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

8.5 You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.

8.6 You shall bear the direct costs of returning the goods.

8.7 You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

8.8 There are legal exceptions to the right of cancellation (§ 312g BGB), whereby we reserve the right to invoke the following regulations against you: There is no right of cancellation for contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. It may expire prematurely in the case of contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature, as well as in the case of contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

8.9 Sample cancellation form The cancellation form specified in III. No. 1 above can be found below. You do not have to use it.
Sample cancellation form (If you wish to cancel the contract, please complete this form and return it to us)

Wein-Plus Ltd
At wetterkreuz 19


Phone: 09131 7550-0
E-Mail: info@wein.plus

- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
Date _____ (*)
Delete as applicable.

9. Final provisions

9.1 Amendments or additions to these General Terms and Conditions must be made in writing, by fax or by e-mail. If they do not fulfil this requirement, they shall be null and void. This also applies to amendments to this clause.

9.2 The place of jurisdiction is the registered office of wein.plus (Erlangen) if the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law. The same applies if the customer does not have a registered office or usual place of residence in the Federal Republic of Germany when legal action is brought.

9.3 The customer is only authorised to assign or transfer claims arising from this contract with the prior written consent of wein.plus. The customer is only entitled to set-off or retention with undisputed or legally established claims.

9.4 The contracting parties will only issue, publish or otherwise make available to third parties any press releases, press statements and other public statements about the conclusion or implementation of this agreement by prior mutual agreement. wein.plus has the right to refer to the co-operation regulated by this agreement independently of this.

9.5 The law of the Federal Republic of Germany shall apply. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.


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