Terms of service

Section 1 Scope and providers

Section 2 Conclusion of the contract

Section 3 Child protection / Age of majority

Section 4 - Packaging / Shipping / Delivery

Section 5 Prices / Terms of payment

Section 7 Reservation of ownership

Section 8 Cancellation policy

Section 9 Shipping damages

Section 10 Warranty

Section 11 Liability

Section 12 Shop account

Section 13 Concluding provisions

Section 1 Scope and providers

The General Terms and Conditions of Business apply to all business relationships between the RICH AG online shop and its affiliated companies and each ordering party in the version applicable at the time of order placement. Terms and conditions of the ordering party that deviate from those of RICH will not be recognized by RICH unless RICH has explicitly consented to their applicability in writing.

The offers from RICH apply only to the German market, are subject to change and are not binding.

Section 2 Conclusion of the contract

The product descriptions in the online shop are provided for the purpose of submission of an offer to purchase. By clicking the button “Order now” you are submitting a binding offer to purchase. Our products are sold only for private use in normal household quantities.

RICH can accept your order by sending an order confirmation via e-mail or by delivering the goods within eight days. The confirmation of the receipt of the delivery does not represent acceptance of the offer to purchase. RICH herewith notes that the delivery option is reserved to and remains the right of RICH. The acceptance of the offer of the ordering party ensues subject to the terms and conditions specified on the website.

The rights of the ordering party arising from this contract are transferable only with the prior consent of RICH.

Should our order confirmation contain spelling or printing errors or should our pricing be based on transmission errors due to technical problems, we are entitled to contest it, whereby we must provide proof of our error to you. Payments already made will be returned to you without delay.

Insofar as goods are offered by partners of RICH, RICH itself is not the contractual partner of the ordering party with regard to these goods. These contracts will be concluded between the ordering party as the end user and the relevant partner. In this case the general terms and conditions of business of the partner apply.

The contract is concluded exclusively in German.

Section 3 Child protection / Age of majority

The RICH product range includes alcoholic sparkling wines and wine-based beverages. Alcoholic beverages may be sold only to persons 18 years of age and older in accordance with the Child Protection Act.

The party ordering the goods confirms with his/her order that he/she is at least 18 years old. The ordering party is responsible for ensuring that the recipient accepting the delivery of the goods is 18 years old or older. RICH is not liable in the event of non-compliance with these General Terms and Conditions of Business. The parents/guardians are liable for ordering parties and recipients who are minors.

Section 4 - Packaging / Shipping / Delivery

Packaging and shipping are subject to charges. We charge a flat fee of € 4.50 per order for delivery within Germany.

RICH has the right to divide the order into several packages.

Should delivery not be possible despite three attempts, RICH can cancel the contract. Any payments made will be refunded without delay.

If the ordered product is not available because RICH was not supplied with this product by the vendor through no fault of its own, RICH can cancel the contract. In this case RICH will inform you without delay and, if applicable, propose the delivery of a comparable product. If no comparable product is available or you do not want delivery of a comparable product, RICH will immediately refund to you any payments already made.

Delivery ensues via post/DHL.

Unless otherwise specified in the offer, the delivery period is approximately 3-5 days. In the case of orders based on advance payment, receipt of payment is a prerequisite for delivery, insofar as the customer does not exercise his right to cancel the order.

In the event of cancellation, the customer is responsible for the costs of the return shipment if the goods supplied correspond to those ordered and if the price of the goods to be returned does not exceed € 40.00 or, in the case of a higher price of the goods at the time of cancellation the customer has not yet made full or contractually agreed partial payment. Otherwise the supplier will bear the cost of the return shipment.

Section 5 Prices / Terms of payment

For the business relationship with the ordering party, the prices applicable at the time of order placement are binding. These are end prices in euros including the relevant applicable V.A.T. plus any shipping costs.

The ordering party can offset the invoice with counterclaims only if these are undisputed or legally valid receivables.

Payment can be made via bank transfer in advance, credit card or PayPal.

When you select the bank transfer in advance as the payment method, RICH will inform you of the bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days. If you pay by credit card, your account will be charged upon shipment of the goods.

Section 7 Reservation of ownership

The goods remain our property until full payment has been received. Before transfer of ownership, pledging, assignment of goods, processing or modification is not permitted without our consent.

Section 8 Cancellation policy

Consumers have the right to cancel a contract within two weeks.

CANCELLATION POLICY

Cancellation rights

You can cancel your contract in written form (e.g. via letter, fax, e-mail) within two weeks without stating grounds, or - if the goods are transferred to you before the expiration of the two-week period - by returning the goods. The period begins upon receipt of these instructions in text form, but not before the receipt of the goods by the recipient (in the event of repeated deliveries of identical goods, not before the receipt of the first partial delivery) and not before the fulfillment of our duties to provide information in accordance with Article 246, Section 2 in conjunction with Section 1, Paragraphs 1 and 2 of the Implementation Act for the German Civil Code.

The timely dispatch of the cancellation or the goods suffices for compliance with the cancellation period. The cancellation should be directed to:

RICH AG

Heiliggeiststrasse 1

80331 Munich, Germany

+49 (0) 89 23237268-99

eMail: info@richprosecco.com

Consequences of cancellation

In the event of a valid cancellation, the goods/services provided by both parties are to be returned/refunded and any benefits obtained therefrom (e.g. interest) are to be handed over. If you cannot return the goods/services provided or return them only in part or in diminished/deteriorated form, you must replace the value of the goods/services used to the relevant extent. This does not apply if the deterioration of the item is exclusively due to its inspection - as would have been possible for you in a store, for example. Otherwise, you can avoid the obligation to replace the value of the goods for the deterioration of the goods caused by appropriate use by refraining from using the goods as your property and refraining from all actions that would diminish their value. Goods which can be shipped as packages are to be returned at our risk. You are responsible for the costs of the return shipment if the goods supplied correspond to those ordered and if the price of the goods to be returned does not exceed € 40 or, in the case of a higher price of the goods at the time of cancellation you have not yet made full or contractually agreed partial payment. Otherwise the return is free of charge for you. Goods that cannot be shipped in packages will be picked up at your address. Obligations to refund payments must be met within 30 days. The period begins for you upon the dispatch of your cancellation notice or the goods; for us it begins with their receipt.

The right of cancellation does not apply to the delivery of goods produced according to customer specifications (e.g. T-shirts bearing your photo and your name) or that are clearly tailored to personal needs or for the delivery of audio or video recordings or software, insofar as the data carriers delivered have been unsealed by you (e.g. software CDs of which the cellophane cover has been opened).

Please prevent damage and contamination of the goods. Please return the goods in the original packaging as far as possible with all accessories and with all parts of the packaging to RICH. If necessary, use protective additional packaging. If you no longer have the original packaging, please ensure with suitable packaging that the goods are protected from shipping damage in order to avoid claims for compensation of damage due to damage resulting from insufficient packaging.

Keep the dispatch receipt when you post the goods. RICH will happily reimburse you for the postage costs upon request, if you are not obligated to pay them yourself. Please note that this point is not a prerequisite for the effective exercise of the right of cancellation.

Return shipping costs in the exercise of the right of cancellation

If you exercise your statutory right of cancellation (see cancellation policy), you are responsible for the regular costs of the return shipment if the goods supplied correspond to those ordered and if the price of the goods to be returned does not exceed € 40 or, in the case of a higher price of the goods at the time of cancellation you have not yet made full or contractually agreed partial payment. Otherwise the return is free of charge for you.

Section 9 Shipping damages

If goods with obvious shipping damage are delivered, please file a complaint immediately with the delivery agent and contact us as soon as possible at customercare@richprosecco.com.

Failing to file a complaint or to contact us has no consequences with regard to your statutory warranty rights. However, by filing such a complaint and contacting us, you assist us in asserting our own claims against the forwarding agent and the shipping insurance company.

Section 10 Warranty

Warranty is provided in accordance with the statutory requirements.

Section 11 Liability

For all other damage except that resulting from harm to life, limb and health, RICH is liable only if these are due to malicious or grossly negligent culpable behavior, in particular due to violation of a substantive contractual obligation by RICH or a vicarious agent of RICH. Beyond that, all liability is excluded. Claims based on the Product Liability Act remain unaffected by the aforementioned liability exclusions.

In the event of violation of a substantive contractual obligation, the liability of RICH is limited to the foreseeable consequences.

Section 12 Shop account

Upon request, RICH will set up password-protected direct access for the customer for orders in the RICH online shop. The customer undertakes to maintain the secrecy of this password and to protect it from unauthorized use by third parties. In the event of violation of this provision, in particular in the event of abusive password use, RICH is not liable to the customer.

Section 13 Concluding provisions

The personal data received in the context of the business relationship with the ordering parties will be handled by RICH in compliance with the German Data Protection and Privacy Act, in particular in compliance with the provisions of the Telecommunications Data Protection Act.

The exclusive court of jurisdiction, insofar and to the extent that this is subject to the disposition of the parties, is Munich. This applies particularly in the event that the ordering party has no general court of jurisdiction domestically or has relocated his residence or customary residence abroad after conclusion of the contract or his residence or customary residence is unknown at the time a suit is filed.

The business relationship is governed exclusively by German law; the provisions of the United Nations Convention on Contracts for the International Sale of Goods are excluded.

Should any of these provisions or parts thereof be or become invalid, the validity of the remaining provisions remains hereby unaffected.

German law shall apply.

FAQ

1. How does the shopping cart system work?

2. Do I have to register?

3. When does my order become binding?

4. Is the text of the contract stored?

How does the shopping cart system work?

Here you’ll find information on the order process.

Do I have to register?

After selecting the products, you will be asked to enter your data. The mandatory fields are marked with an *. You have the option to open a customer account; this will enable you to place orders in the future after entering your user name and password without having to re-enter your address data.

When does my order become binding?

Will the text of the contract be stored?

We store the text of the contract. The order data and the General Terms and Conditions of Business will be e-mailed to you. You can also view your previous orders at My User Account. You can view, print and save the General Terms and Conditions of Business here.