Here you can find the General Terms and Conditions of Meininger Verlag GmbH and its subsidiaries.
For better guidance, they are divided into topics:
The cancellation policy can be found here »
With regard to 1)
- User: All users registered with MEININGER ONLINE.
- Client: All users who can create a profile and/or register wines and/or post classified ads
- Subscriber: Registered users with a valid subscription
- Vendor: Meininger Verlag GmbH and its subsidiary Mundus Vini GmbH
The operator of the database and the Client’s contractual partner, if applicable, is
Meininger Verlag GmbH
represented by its Managing Directors:
Andrea Meininger-Apfel, Christoph Meininger and Peter Meininger
Telephone: +49 (0)6321 8908-0
Fax: +49 (0)6321 8908-73
3. Use of the database/registration
To use extra features such as registering samples at wine tastings or listing classified ads, users have to register for this service. You can register free of charge online via www.meininger.de.
Access to the extra features is password-protected. The Client/User sets the password himself when registering.
The Client is obliged to provide accurate, up-to-date and full details when registering and to notify the Vendor immediately if these details change at a later date. If the Client/User amends his/her details himself in his/her online client profile, this constitutes notification.
The Client/User is obliged to keep his login details secret and to prevent third parties from using his/her login details. In the event of misuse, the Vendor is entitled to deny access. The Client/User is also liable for any misuse of his/her login details. The User/Client must ensure that those using the database on his/her behalf comply with the obligation to keep the login details secret.
4. Right to withdraw
You can find all information on your right to withdraw here.
5. Scope of services/availability
The Vendor strives to keep the database up-to-date at all times. A database is not a static product, but is subject to ongoing technical and content-related maintenance, updates and development.
Therefore, the Vendor is entitled to continuously amend and update the content of its databases. This also includes the right to remove data and collections of data from the database, in part or in full.
During data administration, the possibility of errors occurring, of changes not being incorporated or of updated content not being displayed cannot be ruled out. Therefore, the agreed quality does not relate to whether the database is accurate, complete and up-to-date, nor to the relevant results lists. The Vendor strives to protect the database against attacks by viruses, computer worms, Trojans and any other kinds of malware that are harmful to computers. However, the Vendor cannot rule out the possibility of documents and parts of documents being infected by malware or similar during use or download, which may lead to errors, loss of data or other damage to the User’s system environment. The Client/User bears the risk of such virus transmission. He shall protect his/her system environment with up-to-date anti-virus software. The Vendor accepts no liability for losses suffered by Clients as a result of virus transmission in this way. The database is available 24 hours a day on weekdays, Sundays and holidays, in general. However, brief periods of downtime cannot be avoided when carrying out technical work to develop and improve the database and system environment. Maintenance-related periods of downtime of this kind are hereinafter referred to as “maintenance times”. Maintenance times are not considered a deviation from the agreed quality as long as the duration of the outage is no longer than 5% of the relevant billing period. When calculating admissible maintenance times, periods of downtime due to unforeseeable system failures that the Vendor is not responsible for are not taken into account (force majeure, system backup, etc.).
The Vendor reserves the right to display its own advertisements and third-party advertisements within the system environment of the database to a reasonable extent. Therefore, the contractually agreed quality does not include the absence of advertising.
6. Copyright and rights of use
All of the Vender’s databases are protected by copyright. This applies for both individual documents and entire databases that are covered by database protection. The Vendor grants the Client and User an ordinary, non-exclusive, non-transferable right to use the relevant database, which does not include the right to grant sub-licenses. In the fee-based area, the right of use is limited to the term of the usage agreement.
The registered user is permitted to print the documents or parts of documents that he has accessed to a reasonable extent and to archive these for his/her own personal purposes. Copying in the above sense is no longer considered reasonable when a private User prints more than 20 documents per day or a commercial Client accesses more than 200 documents per day and licensed workplace.
The User is not entitled to remove copyright notices, trademarks or other legal reservations, serial numbers or other features used for program identification from the documents accessed via or printed out from the database.
The Client/User may only use the database personally for his/her own purposes. He is not permitted to give third parties access to the database or to share the contents of the database with third parties.
If the fee-based area of the database contains a major deviation from the contractually quality, the Client shall immediately inform the Vendor of this in writing. After receiving notifications of defects, the Vendor will endeavor to remedy the defects within a reasonable period of time. Regardless of the fact that a longer period of time may be necessary in certain cases, a period of three days from receipt of the notifications of defects is considered by all means reasonable for remedying the defects.
The Vendor accepts no liability for disruptions to the accessibility of the database, unless these are due to intentional or grossly negligent conduct on the Vender’s part, in particular because the causes of faults are out of the Vender’s control. This includes disruptions in the Internet connection with the server on which the database is stored as well as power cuts and server failures, unless the servers are under the Vender’s control.
Any liability on the Vender’s part for losses resulting from the misuse, disclosure or loss of the Client’s/User’s login details is precluded.
Any liability on the Vender’s part is subject to the Vendor, its statutory representatives, executives or agents being at fault. Strict liability is excluded, except for in the case of express warranty statements by the Vendor. This also applies for liability for defects already in existence when a contract is concluded. In principle, the Vendor only accepts liability if and to the extent that it and its legal representatives, executives or agents are guilty of intent, gross negligence or violation of a fundamental contractual obligation (material obligations).
The above exclusion of liability does not apply for losses due to injury to life, body, or health, and where there are mandatory legal regulations.
The Vender’s liability for loss of the Client’s/User’s data and/or programs due to simple negligence is limited to the typical restoration costs that would be incurred if the contracting parties backed these up regularly.
Except for in the event of intent or gross negligence, the Vender’s liability is limited in terms of amount to the damage considered foreseeable and typical, based on the nature of the violation of the duty of care in question.
Except for in the event of intent or gross negligence, liability for the reimbursement of indirect losses, particularly for loss of profit, is excluded.
The Vendor makes a reasonable effort to provide accurate, complete information on its website. However, the Vendor accepts no liability or provides no guarantee for whether the information provided on this website is up-to-date, accurate and complete.
Where the Vendor refers or provides links to third-party websites on its own website, it cannot provide any guarantee and accept any liability for the accuracy or comprehensiveness of the contents and data security of these websites. Because the Vendor has no control over third parties’ compliance with the provisions of data protection law, the Client/User should check the data protection policies provided separately.
8. General provisions
If the Client is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch, HGB), the headquarters of Meininger Verlag GmbH is the place of jurisdiction for all disputes arising from or in relation to contracts. Usage agreements and these Terms and Conditions are subject exclusively to German law, to the exclusion of the conflict of laws provisions of international private law. The UN Sales Convention does not apply.
There are no additional verbal agreements. All amendments and addenda to the usage agreement or these Terms and Conditions must be laid down in writing to be effective. This also applies to an amendment of the written form agreement.
None of the Client’s own terms and conditions are accepted, even if the Client makes explicit reference to his/her applicability.
Should individual provisions of these Terms and Conditions of Use be ineffective or become ineffective due to a circumstance occurring at a later date, the Terms and Conditions will otherwise remain effective.
Last Update: 24. May 2022
Table of contents
- Validity of the GTC
- Contact and service details
- General Information on Offers and Orders
- Ordering Process and Conclusion of Contract
- Contract Text and Contract Language
- Payment Methods and Terms
- Purchase on account
- Delivery, Availability of Goods
- Digital Contents
- Sale of Tickets
- Promotional vouchers
- Copyright and Rights of Use
- Instructions on Withdrawal
- Warranty and Liability
- Final provisions
1. Validity of the GTC
- The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply exclusively to the business relationship between Meininger Verlag GmbH (hereinafter referred to as "Vendor") and the purchaser, who is hereinafter referred to as "Customer", of the Vendor's products, goods and services (hereinafter referred to as "Products" or "Goods").
- Deviating terms and conditions of the Customer shall not be accepted, even if the Vendor fulfils his/her contractual obligations without objection, unless the Vendor expressly agrees to the validity of the Customer's deviating terms and conditions.
- A "Consumer" within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to his commercial nor to his independent professional activity.
- "Entrepreneur" within the meaning of the GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
2. Contact and service details
- Please note the following information about the availability of our customer service.
- E-mail address: [email protected]
- Phone number: 06321 - 8908 - 0
3. General Information on Offers and Orders
- The presentation of the products in the shop, on websites and in digital printed brochures or catalogues or comparable product presentations of the Vendor does not constitute a legally binding offer, but an invitation to place an order and thus the offer of the Customer.
- Customers are responsible for ensuring that the details they provide are accurate and for notifying any changes to the Vendor if they are necessary for the Vendor's fulfilment of the contract. In particular, Customers are responsible for ensuring that the e-mail and delivery addresses they provide are accurate and that any obstructions to receipt for which Customers are responsible are taken into account accordingly (e.g. by checking the spam folder of the email software used).
4. Ordering Process and Conclusion of Contract
- The Customer can select from the products offered in the Vendor's assortment to the Customer and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.
- By clicking on the button that concludes the ordering process, the Customer makes a binding offer to the Vendor to purchase the products in the shopping basket.
- The Vendor may accept the Customer's offer within five days (hereinafter referred to as the "Acceptance Period"). The Acceptance Period begins with the completion of the order process by the Customer. The Acceptance Period begins with the completion of the order process by the Customer (in the store, or if used and named, on the platform used or by means of other communication channels) and ends with the expiry of its last day. The Vendor may accept the Customer's offer by means of an explicit acceptance of the offer, also by e-mail. Acceptance may also be affected by dispatch of the goods and their receipt by the Customer within the Acceptance Period, as well as by a request for payment addressed by the Vendor to the Customer and at the latest by the completion of the payment process. In the event of several acceptance events, the earliest acceptance date shall be decisive. If the Vendor does not accept the Customer's offer within the Acceptance Period, no contract shall be concluded and the Customer shall no longer be bound by his/her offer.
5. Contract Text and Contract Language
- The Vendor saves the text of the contract and makes it available to the Customers in text form (e.g. by e-mail or printed with the delivery of the order). The Customer can print the text of the contract before submitting the order to the Vendor by using the print function of his browser or the save function for web pages in the last step of the ordering process.
- If Customers have created a customer account, they can view their placed orders in their account. The full text of the contract is not accessible in the account area.
- The contractual language is German, contracts can be concluded in this language.
6. Payment Methods and Terms
- When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notes as well as information within the framework of the payment process. This is particularly because the provision of payment methods or the course of the payment procedure may also depend on the agreements between the Customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
- The Customer shall ensure that the Customer fulfills the conditions incumbent upon the Customer, which are necessary for successful payment by means of the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorization with payment services and confirmation of transactions.
- If a payment is not made or reversed due to insufficient funds in the Customer's account, the provision of incorrect bank details or an unjustified objection by the Customer, then the Customer shall bear the fees incurred as a result, provided that the Customer is responsible for the failed or reversed booking and, in the case of a SEPA credit transfer, was informed of the transfer in good time (so-called "pre-notification").
- Credit card payment - When placing an order, Customers provide their credit card details. The Customer's credit card will be charged immediately after completion of the order and after the Customer's authorisation as the legitimate cardholder.
7. Purchase on account
If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full.
8. Delivery, Availability of Goods
- The ordered goods will be delivered to the specified delivery address, unless otherwise agreed.
- If a payment service provider is used with whom a delivery address is deposited and this delivery address is notified to the Vendor as being decisive for the ordered delivery through the use of the means of payment by the Customer, the goods shall be delivered to the deviating delivery address.
- If a delivery of goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred for the outward and return shipment. Insofar as the costs arise from the exercise of the right of withdrawal for consumers, the aforementioned obligation to bear the costs shall only apply to the costs of sending the goods there, while the regulations in the instructions on withdrawal shall apply to the costs of returning the goods.
- Should the delivery of the goods fail through the fault of the Customer despite three attempts at delivery, the Vendor may withdraw from the contract. Any payments made will be refunded to the Customer without delay.
- If the ordered product is not available because the Vendor is not supplied with this product by its supplier through no fault of its own, in particular with regard to securing the supply and a possible as well as reasonable effort on its part, the Vendor may withdraw from the contract. If no comparable product is available or if the Customer does not wish a comparable product to be delivered, the Vendor shall immediately reimburse the Customer for any payments already made.
- In the case of delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the Vendor, the Vendor shall not be responsible for such delays with respect to Customers who are entrepreneurs, even in the case of bindingly agreed deadlines and dates. In this case, the Vendor shall be entitled to postpone the delivery or service by the duration of the impediment plus a reasonable start-up period. The right to postpone the deadline shall also apply to Customers who are entrepreneurs in cases of unforeseeable events which affect the operations of a pre-supplier and for which neither the pre-supplier nor the Vendor are responsible. For the duration of such hindrance, the Customer shall also be released from his contractual obligations, in particular payment. If the delay is unreasonable for the Customer, the Customer may withdraw from the contract by means of a written declaration after a reasonable period of time to be set by the Customer or after mutual consultation with the Vendor.
- Customers are requested to report obvious transport damage as soon as possible to the transport company or carrier or otherwise to notify us of the transport damage. This does not create any obligation for Customers who are consumers, the non-notification does not limit the legal rights of the Customer, in particular the warranty and revocation rights as well as the enforcement of these rights.
9. Digital Contents
- "Digital Contents" is content such as software, video as well as audio content, e-books or apps if it is provided digitally, e.g. as a download or stream (i.e. not delivered on data carriers such as CDs or Blu-Rays).
- The provisions of these GTC apply accordingly to the sale of Digital Content.
- Digital Contents are provided to the Customer in the form of a download possibility.
- Digital content is sent to the Customer by e-mail to the e-mail address provided.
- The Customer will be informed expressly and with reasonable advance notice before the possibility of accessing the purchased Digital Content expires.
- For the use of the Digital Content, access to the Internet as well as common and usual display options that are reasonable for the Customer (e.g. a browser or PDF display software) are required. The Vendor assumes no responsibility for any impediments to accessing or retrieving Digital Content if such impediments are the responsibility of the Purchaser (this applies in particular to the Purchaser's access to the Internet).
- In the case of sales via app/play stores, we ask Customers to observe the contractual terms and customer information applicable in these stores.
10. Sale of Tickets
- These GTC apply accordingly to the sale of tickets.
- The Customer will be provided with the possibility to download the ordered tickets.
- The ordered tickets will be sent to the Customer at the e-mail address provided.
- The tickets are provided to the Customer in the Customer Account, provided that a Customer Account has been created.
- The ordered tickets will be sent to the Customer by postal mail to the specified delivery address.
- With the tickets, the Customer acquires the rights embodied in the tickets in accordance with the product description to participate in the named events. Unless otherwise agreed, participation is based on a legal relationship established with the event organisers on the basis of their terms and conditions and the Vendor does not become a contractual partner or otherwise obligated under this legal relationship. The respective organiser is responsible for the event.
- "Subscription" is understood to mean the regular purchase of products or other services by "Subscribers" (how Customers are referred to under Subscription Agreements) within the framework of an ongoing contractual relationship (also referred to as a "Subscription Agreement") for a defined period of time (also referred to as a "Subscription Period").
- A Subscription Agreement obliges the Vendor to deliver the services covered by the Subscription Agreement or to perform other services at the agreed times or intervals and within the agreed subscription period. The details of the individual Subscriptions are specified in each case with their respective offers.
- Termination shall be effective as of the next service or delivery due date or the next service or delivery within the Subscription Period.
- Subscriptions are billed in advance at the beginning of each Subscription Period.
- After cancellation before the end of the Subscription Period, the Subscriber will be refunded the prepaid fee for the remainder of the Subscription Period.
- Trial subscriptions automatically convert to a paid subscription unless cancelled within the trial period.
- The Subscriber shall notify the Vendor immediately of any changes in the delivery or shipping address and shall otherwise be responsible for any impediment to delivery due to failure to notify the Vendor.
- The right to termination of the Subscription Agreement for good cause is reserved in accordance with the statutory provisions.
- Subscription contracts can be terminated in text form (e.g. e-mail).
12. Promotional vouchers
- "Promotion Vouchers" are vouchers which are issued free of charge by the Vendor within the scope of, for example, promotional campaigns (e.g. discount vouchers with percentage or fixed discounts). In contrast, vouchers that embody a certain monetary or material value and are purchased by the Customer as a product shall not be considered Promotion Vouchers.
- Promotion Vouchers can only be accepted on the terms and conditions communicated, subject to restrictions, e.g. validity for certain product groups, frequency of use and, in particular, only within the specified time limit.
- Unless otherwise stated, Promotional Vouchers cannot be combined with other Promotional Vouchers.
- Unless otherwise stated, the Promotional Vouchers issued to recipients may not be transferred to third parties.
- Promotion vouchers issued by the Vendor may only be redeemed with the Vendor.
- Unless otherwise stated, Promotion Vouchers can only be redeemed prior to completion of the order process.
- If an amount remains to be paid after a Promotional Voucher has been redeemed, this can be settled using the payment options offered by the Vendor.
- If a Promotion Voucher exceeds a value of goods, it will only be taken into account up to the value of the goods without any payment of the remaining amount.
13. Copyright and Rights of Use
- The products sold by the Vendor are protected by intellectual property rights (in particular trademark and copyright). The rights of use and exploitation are held by the Vendor or the respective rights holders. Customers commit themselves to recognize and comply with these property rights.
- The Customer shall receive the non-exclusive rights to use the acquired products for purposes in accordance with the contractual agreement. Otherwise, use and exploitation of the products is not permitted. In particular, copyrighted products of the Vendor may not be reproduced, distributed, made publicly available or in any other way made available to third parties on the internet or intranets. Public reproduction, duplication or other further publication are not part of this contract and are therefore prohibited. Copyright notices, trademarks and other legal reservations may not be removed from the products unless this is necessary for the contractual use of the products or is permitted by law.
- The rights granted are limited to private use purposes and do not include business or corporate use.
- If the Vendor performs in advance, the granting of the rights of use to the Customer shall only be provisional and shall only become effective when the Customer has paid the complete purchase price of the relevant Goods.
14. Instructions on Withdrawal
- The information on the right of withdrawal for Consumers can be found in the Vendor's instructions on withdrawal.
- The right of withdrawal does not apply to Consumers whose domicile, habitual residence or delivery address at the time of conclusion of the contract and delivery is outside a Member State of the European Union (EU) or the European Economic Area (EEA) and who do not belong to any of these Member States.
15. Warranty and Liability
- Subject to the following provisions, the warranty (statutory liability for defects) shall be determined in accordance with statutory provisions.
- The Vendor shall not be liable for the Customer's Internet connection or the software and hardware used by the Customer or any disruptions caused by them to the conclusion or performance of the contract between the Customer and the Vendor.
- The Vendor shall be liable for damages without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the Vendor shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the compliance with which the customer regularly relies (cardinal obligations) or in the case of agreed guarantee commitments. In this case, however, the Vendor shall only be liable for the foreseeable, contract-typical and expectable damage. The Vendor shall not be liable for the slightly negligent breach of obligations other than those mentioned above. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the product liability law remains unaffected. Insofar as the Vendor's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. In all other respects, claims for damages by the Customer shall be excluded. The above liability provisions shall also apply to claims for damages by the Customer under the Vendor's statutory warranty.
- The limitations of warranty and liability obligations as well as shortening of deadlines in this respect shall not apply to claims for damages and reimbursement of expenses of the Customer, goods that have been used in accordance with their customary use for a building and have caused its defectiveness as well as to existing update obligations in the case of contracts for digital products.
16. Final provisions
- The legal relationship between the Customer, insofar as the Customer is an entrepreneur, and the Vendor shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
- The place of jurisdiction shall be at the Vendor's (registered) office if the Customer is an entrepreneur, a legal entity under public law or a special fund under public law or if the Customer does not have a general place of jurisdiction in the Vendor's country of business. The right of the Vendor to choose another admissible place of jurisdiction will remain unaffected.