General Terms and Conditions of Business of Spanische-Bodega (as of August 22nd 2007)

1. Scope of application
In respect to business relations between Spanische-Bodega and its customers (purchasers), who use the Internet product offer from Spanische-Bodega, the following General Terms and Conditions of Business hold true in their legally valid versions, respectively.
The management of the firm "Spanische-Bodega" is in hands of
Mr. José Salgado Garcia
Wilhelmstr. 26
D-58840 Plettenberg

Hence whenever Spanische-Bodega is mentioned below, the corresponding provision shall also apply for Mr. José Salgado Garcia.
Any terms and conditions stipulated by the customer will not be recognized by Spanische-Bodega, even if Spanische-Bodega does not expressly object to such terms and conditions and the delivery and/or service occurs without qualification or if the customer declares that he/she purchases the goods on his/her conditions.

2. Storage and printing possibility
Customers can store these General Terms and Conditions of Business if they choose "File - Save as" in Internet browser, as well as print them if they choose "File - Print" in Internet browser

3. Placing an order
Orders for the Internet products offered by Spanische-Bodega can be placed online, by telephone or by fax. Orders placed by the customer -whether they be transacted by telephone, fax or Internet- are considered as binding offers.
Spanische-Bodega can accept this offer within two weeks by sending an order confirmation by e-mail or fax, or by shipping the goods within the above mentioned period. The contract shall only become legally binding after this confirmation.
Spanische-Bodega reserves the right to deny the promised service/order if the delivery address is located outside the valid delivery area, if customer's behaviour is contrary to the contract, if a previous order of the same customer could not be repeatedly carried out, if the customer's creditworthiness cannot be assured or if the person who has placed the order is under 18 years old, especially with regard to goods that can infringe the Laws for Protection of Minors.

4. Terms of delivery
There is no minimum order value.
The delivery of goods shall be effected through a company entrusted by Spanische-Bodega. Goods can be exclusively sent to EU-countries and Switzerland.
Unless otherwise provided in the agreement or contract, all deliveries will be sent ex warehouse to the delivery address mentioned by the customer.
Should a product not be available for delivery and the purchase contract has not been fulfilled yet with the purchaser, Spanische-Bodega will contact the purchaser and -depending on the purchaser's request- will cancel the order, supply the corresponding goods at a later date or submit an alternative proposal concerning a product of similar price and quality (as far as it is possible). The customer is free to accept or not the modified offer.
Spanische-Bodega reserves the right to carry out partial deliveries as far as this seems advantageous for a swift settlement of the order. Resulting increased shipping costs shall be borne by Spanische-Bodega..
Unless otherwise agreed or accounted for in the order, the purchaser shall pay for any additional costs that accrue due to special forms of delivery requested by him/her (e.g. express delivery). The charge shall be in accordance with local custom.
Should the customer delay acceptance of the goods or if he/she fails to meet any other duty to cooperate, Spanische-Bodega is entitled to claim damages, including any possible additional expenditure which may have arisen as a result. We reserve the right to make further claims where relevant. In any case, the purchaser reserves the right to prove that damage was not suffered at all or it was substantially less than the aforesaid amount. The risk of accidental loss, destruction or deterioration passes to the purchaser during the time in which he/she runs into default of acceptance or debtor's delay.

5.Delivery times
Any information concerning delivery dates is not legally binding, unless a definite date of delivery has been set in writing by Spanische-Bodega upon confirming the order. In general, products that are in stock in Spanische-Bodega will be dispatched within five working days.
The agreed delivery period specified by Spanische-Bodega commences with the date of the order confirmation and it assumes the timely, orderly fulfilment of the customer's obligations. Spanische-Bodega reserves the right to put in a plea in case of non-fulfilment of these contractual obligations.
Where the date of delivery cannot be met due to Force Majeure (labour disputes, strikes...) or any other unforeseeable obstacles for which Spanische-Bodega is not responsible, the date of delivery will be extended accordingly.

6. Terms of Payment
Payment can be done in advance -by bank transfer or by PayPal- or by cash on delivery. here is an extra charge of eight (8) EUR for using the cash on delivery method.
A delivery on account is also possible for regular customers. In this case invoices are due for payment immediately after receipt of the goods.
Should the customer default on payment or fail to settle open items, even after receiving the corresponding request for payment, Spanische-Bodega shall be entitled to put the case in hands of a debt collection agency or an attorney designated for that case. Any costs incurred shall be at the cost of the customer liable to pay.

7. Setoff / Withholding of payment
Any setoff made by purchaser against Spanische-Bodega shall be precluded unless purchaser claims are confirmed by a court order or are acknowledged by Spanische-Bodega in writing.
The purchaser is only allowed to make use of his/her right of withholding for demands from the same contractual relationship.

8. Offers/Prices/Reservation of ownership
Pictures and descriptions are not binding. Therefore minor variations and changes cannot be excluded.
Prices mentioned on the Internet shop at the moment of placing the order shall be applied.
All prices are final prices in euros, included the current German value added/sales tax, as well as other ensuing charges, excluding shipping costs.
Shipping costs depend on the weight of the goods and on the delivery location.
Deliveries outside Germany can be subject to additional taxes, customs duties or costs that are not contained in the prices mentioned here. In such cases, theses costs shall be at the cost of the purchaser.
Spanische-Bodega shall reserve the propriety rights to the object sold until payment of all existing and accruing receivables arising from the business relations.

9. Warranty and Liability
he warranty period offered by Spanische-Bodega for new products extends to 24 months. If the customer is a businessman, a businesswoman o entrepreneur the warranty period for new products extends to 12 months. The warranty period begins on the date of delivery. The warranty period extends to 12 months for used products. If the customer is a businessman, businesswoman or entrepreneur, all liability based on warranty is excluded.
For orders made by a businessman, businesswoman or entrepreneur claims for product defects or damages must be made immediately and at the latest within 14 days of receipt of the product. For observing the time limit, the timely dispatch of the notice of defects will be deemed sufficient. The failure to timely give notice of defects shall exclude any claims for defects within the warranty. If the customer is a businessman or businesswoman, Section 377 German Commercial Code (Handelsgesetzbuch, HGB) shall be applied.
Spanische-Bodega cannot be held responsible for defects or damages arising from improper or abnormal use or handling of the products, or from non-compliance with operating and/or maintenance instructions. This is especially true in case of inappropriate storage of goods, unless the purchaser can prove that the defect has not occurred as a result of these factors.
The customer may, at his own option, demand the remedy of the defects of the goods by way of a rectification of the defect or a replacement. However Spanische-Bodega has the right to refuse the option selected by the customer if this is associated with disproportionate costs and the other form for removing the defect does not imply substantial losses or disadvantages for the customer. If the customer is a businessman, businesswoman or entrepreneur, Spanische-Bodega shall remedy the defects at his own option.
If Spanische-Bodega is not able or ready to remedy the defect or replace the product, or if the remedy of the defect does not occur within a reasonable period of time for reasons attributable to Spanische-Bodega, or if the remedy of the defect does not succeed in any other way, the customer may demand a reduction in the purchase price or rescind the contract. Otherwise, claims for compensation can only be carried out in congruence with the usual legal regulations. Should a defect reduce the value or the suitability of the product only minimally, any demand claims for rescission or compensation shall be excluded.
The firm Spanische-Bodega is liable for damages arising from other causes than the detriment to life, body and health only to the extent these have their basis in a premeditated act, gross negligence or the culpable violation of a fundamental contractual obligation on the part of the firm Spanische-Bodega or its legal proxies. Liability for compensation claims above and beyond this are excluded. These claims have a limitation of time of two years. If Spanische-Bodega has assumed a guarantee of quality or has fraudulently concealed a defect, some exclusions and/or limitations are also not applicable. If the manufacturer has made a special guarantee for a product sold, this guarantee remains unaltered by these limitations.
If Spanische-Bodega has excluded or limited its responsibility or if above exceptions are regulated out of this, these exclusions, limitations and exceptions are also applicable for the personal responsibility of employees, legal representatives and assistants of Spanische-Bodega.

10. Other liabilities
Otherwise, Spanische-Bodega shall be liable for claims for compensations -especially for defects or damages owing to faulty or inappropriate handling, defective organization or defects in the contract execution, or for damages due to violation of a fundamental contractual obligation- only to the extent these have their basis in a premeditated act, gross negligence or the culpable violation of a fundamental contractual obligation on the part of the firm Spanische-Bodega, or in a violation of an obligation pursuant to Sections 1 and 4 of the German Product Liability Act (Produkthalftungsgesetz).
This exclusion of liability for the case of simple negligence is not applicable for damages due to detriment to life, body and health, or in the case Spanische-Bodega has assumed a guarantee of quality or has fraudulently concealed a defect pursuant section 444 of German Civil Code (Bürgerliches Gesetzbuch, BGB). In these cases Spanische-Bodega is also liable for simple negligence.
This guarantee regulation is also applicable for employees, representatives and assistants of Spanische-Bodega.

11. Protection of minors
Contracts shall only be executed with partners who have reached the legal majority of age. Spirits, tobacco and any products subject to legal limitations for minors will only be delivered to persons who have reached the legal majority of age. In the case of new customers, Spanische-Bodega reserves the right to ask for a copy of the identity card before delivering the ordered goods. Otherwise, in order to guarantee the legal limitations for sale, the firm shall be entitled to make the delivery conditional upon the presentation of a personal identity card.

12. Data Protection
Spanische-Bodega undertakes to preserve the privacy and the personal data of its customers, as well as to use and process the personal data exclusively according to the strict restrictions of the German Federal Protection Data Act.

a. Collection of data
Prospective customers can visit the Web site of Spanische-Bodega without leaving traces of their personal data.
Spanische-Bodega shall only store personal data if the customer communicates it to us himself/herself, for example, in order to place an order, to make a query, to subscribe to a newsletter orders or to register for customized services (e.g. draws). The customer accepts the collection of personal data and also accepts the usage of this data through the firm.
This consent can be revoked any time, total or partially, by sending a notification to info@Spanische-Bodega.de .

b. Use of the gathered information
Spanische-Bodega processes and uses personal data for execution of orders, fulfilment of guarantees, maintenance of client relationships and purposes of advertising.
When necessary, these data will be transferred to the service provider (e.g. logistic company) responsible for the delivery of the ordered goods.
Should the occasion arise, Spanische-Bodega shall also use personal data in order to collect information about the customer's creditworthiness. The consent to use these data for purposes of advertising can be revoked any time by sending a notification to info@Spanische-Bodega.de. In these cases Spanische-Bodega will include the customer in the list of blocked recipients.

c. Cookies:
Spanische-Bodega does use cookies in some parts of this Web site in order to offer the customers a more individual and comfortable use of the page. Cookies are pieces of information passed by the website to your server and are used to track and identify the visits to the site. Internet browsers are usually set by default to automatically accept cookies. However, you can set the browser to reject cookies, or to inform the user about the location of the cookies.

d. Protection of the collected data
Spanische-Bodega shall not resell or cede to third parties said data received from users without the consent of the user, unless this is necessary for the execution of the order.
Data received from users are only visible in the client area, which is password-protected to avoid unauthorized access. The customer commits himself to treat access information confidentially and not to disclose this data to unauthorized third persons. Spanische-Bodega declines responsibility for the misuse or abuse of passwords.
he server used by Spanische-Bodega is also protected against unauthorized access by means of a firewall.
Data is transferred in encrypted form in order to prevent any misuse of it by third-parties.

13. Revocation by the customer

a. Rights of revocation
The customer is entitled to revoke his/her contract declaration within four weeks without stating reasons by giving written notice (e.g. by post, fax or e-mail) or by returning the goods. The term starts by taking notices of this instruction at the earliest by written notice and not before the entry of goods. For observing the time limit, the timely dispatch of the revocation or the goods will be deemed sufficient.
 The revocation must be addressed to::
 Spanische-Bodega
 Herrn José Salgado Garcia
 Königstrasse 70
 58840 Plettenberg

b. Effects of revocation
In the event of an effective revocation, the goods and services received by each party are to be returned and any benefit obtained (e.g. interest) surrendered. If the customer is unable to return the received goods and services or only can return them in a deteriorated condition, compensation for the value must be provided. This does not apply to the provision of goods if the deterioration of the goods results exclusively from inspecting them (as would have been possible, for example, in a shop). Otherwise the customer can avoid the obligation to provide compensation for the value by not taking the goods into use as if they were his/her own, and by refraining from any action that could impair the goods' value. The customer has to bear the costs of the return consignment if the delivered goods were the goods ordered and if the price of the goods does not exceed 40 euros. Otherwise the return consignment will be free of charge to the customer.

14. Concluding provisions
All services and products negotiated in business transactions with the firm Spanische-Bodega shall be subject to the laws of the Federal Republic of Germany. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (abbrev. CISG) shall be excluded. For contracts with an objective which cannot be assigned to the customer's professional or commercial activity, these laws shall only apply in as far as protection provided by mandatory provisions of the law in the country in which the customer usually resides has not been revoked.
With respect to business transactions with merchants, legal persons under public law or special assets, Plettenberg (58840), Germany shall be the place of jurisdiction for all legal disputes arising from the contract, including actions or dishonoured bills or cheques.
Should any of these individual general terms and conditions of business -for which reasons whatsoever- not be legally enforceable or cease to be effective, the legal validity of other provisions shall remain unaffected.

 Date: 22. August 2007