General Terms and Conditions

1. Introduction

1.1 This website is owned and operated by Casa Select GmbH. Our company information is at the end of this document.

1.2 Please read these terms and conditions carefully. They apply when you buy any goods via this site or otherwise use this site. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future. These terms and conditions are available in the English language only for the UK version of this site.

1.3 Where we refer to “Consumer” below we mean an individual acting for purposes which are wholly or mainly that person’s trade, business, craft or profession.

1.4 We are legally required to remind Consumers that we are under a legal duty to supply goods that are in conformity with the contract. Furthermore, nothing below affects Consumers’ legal rights in relation to goods that are not in conformity with the contract, whether because they are faulty, not as described or otherwise. You can get advice about your legal rights from your local Trading Standards office or Citizens' Advice Bureau.

1.5 Certain goods on our site may only be bought if you fulfil the minimum legal age requirements. Otherwise we are legally forbidden from supplying the goods to you. You must not attempt to buy the goods if you are below the relevant age as follows: alcoholic beverages: 18 years.

1.6 You are not eligible to buy any goods via this site if it is unlawful for you to buy or use the goods in, or import them into, your country.

1.7 Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.

1.8 We may change these terms and conditions at any time. Please check them carefully as they will apply to any new purchases or use of our site occurring after the effective date shown.

2. Order process and conclusion of contract

2.1 The display of goods on the homepage of Casa Select does not constitute a binding offer but rather a non-binding online catalogue. Errors remain reserved.

2.2 A legal contract is formed by selecting goods, placing them in the shopping cart and transmitting the order to us by clicking on the “Buy”(binding offer of the customer) button on the one hand and by Casa Select accepting the order by sending an order confirmation to the e-mail address provided by the customer on the other hand. A binding contract is formed at the latest when the goods are delivered. Casa Select reserves the right to accept the order.

2.3 The automatic order receipt confirmation which the customer receives after the order has been placed does not constitute an acceptance of the contract offer. The automatic order receipt confirmation provides the customer with information on his right to return in text form.

2.4 Any type errors during the submission of the order can be detected on the final order page and corrected with the “edit” feature on the website and the use of the “back” feature of the web browser before the placement of the order. The contract text will not be saved by Casa Select. The customer can see, save or print the contract terms which are depicted in under “terms and conditions” on our website.

2.5 Contracts are solely formed with the company Casa Select.

2.6 The contract language is English.

3. Price and payment terms

3.1 The prices specified respectively at the time of the order on our shop are applicable. Depending on the payment option you choose we may charge in Euros. Dispatch of the goods is subject to our receipt of full payment in cleared funds.

3.2 Our prices may change from time to time. The price for the goods you order is as stated on our site at the time you send us your order. Prices are shown with and without VAT or sales tax. For delivery to the UK we will charge without VAT but VAT will be collected where necessary by the Carrier before delivery is made. The amount of VAT due may change if the VAT rate changes.

3.3 If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we notify you before we dispatch it. If we do notify you, then you can decide if you want to order the item at the correct price but, if you do not, we will provide a full refund of any payments already made.

3.4 Delivery costs are charged extra at the rate shown on our site at the time you place your order. These will depend on the delivery method chosen. NB Our charges do not include customs or import duties which may be applied to your order by the relevant authorities. We have no control of these and it is your separate responsibility to pay for them. We recommend that you check with your local customs office in advance.

3.5 You must contact us immediately with full details if you dispute any payment.

3.6 If any amount due to us is unpaid, or unjustifiably charged back, we may cancel this agreement on written notice (including email).

4. Delivery and ownership of goods

4.1 Delivery will be complete when we deliver to the address which you specify when ordering. We may deliver different parts of your order on different dates.

4.2 Delivery is only to the countries we specify and is otherwise subject to any restrictions on our delivery page. The delivery of wine racks made of stone is only available upon request. Our return policy does not apply to stone wine racks.

4.3 Unless otherwise stated, delivery dates given on our website are estimates only. If you are a Consumer, we have no liability for any losses arising from delay in delivery to the extent that this is due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay. If you are not a Consumer, we have no liability for any losses arising from delay in delivery.

4.4 If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery. If nobody is available to receive the goods, we reserve the right to leave them at the doorstep, hall or reception as available.

4.5 If your order includes goods which may not be sold to under 18s as specified above, you must ensure that a person who is 18 years or over is available to accept delivery. We reserve the right to refuse delivery if we think that the recipient may be under 18.

4.6 You become owner of the goods after the later of delivery of the goods and payment of the price plus delivery charges. Until that happens, you hold the goods on our behalf. If you are not a Consumer, title is transferred only when you pay all sums due to us as at the date of delivery and you must identify the goods as ours and keep them separate from your other goods until ownership passes.

6. 5 Month Casa Select return policy

Casa Select offers in addition to the legal right to cancel a 5 month Casa Select return policy. You may return the goods received without stating reasons within 5 months by notifying us of your return request and sending back the goods. The 5 month right to return period shall commence upon receipt of the goods. In any event the return shall be made at our expense and risk. You must inform us at and send the returned goods to:

Casa Select GmbH
Logistikzentrum, Richard-Klinger-Str. 11
D – 65510, Idstein, Germany
Email: info@winerack-plus.co.uk

Consequences of returns
In the event of an effective return the mutually received benefits must be given back and where applicable derived profits must be returned. Subject to receipt of the goods, we will refund the purchase price and delivery charges but we can deduct a reasonable amount from the refund if we receive the goods in a damaged state. You are only 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.
Obligations for the refund of payments must be fulfilled within 30 days. The grace period shall commence for you with the sending of the goods and for us with the receipt.

Hints and requests for return processing
If still available, you send the goods back to us in the original packaging with all accessories and with all packaging components. Please use protective outer packaging if necessary. If you no longer possess the original packaging, you must provide suitable protective packaging. Please use the return label enclosed with the invoice for the return. Please contact us if you require additional labels and we will then send you these immediately.

Exclusion/ Expiration of the right of withdrawal
As stipulated in § 312g para. 2 BGB the right of cancellation does not apply to the supply of goods manufactured according to customer specification or clearly designed and produced to meet the customer's individual demand, or the nature of which makes them unfit to be returned. Our return policy does not apply to stone wine racks.

Our returns policy does not apply to the following: items ordered in larger quantities which must be specially ordered for you, custom-made wine racks and other products, e.g. personalized wine boxes, the Cavispace wine climate cabinet, the Vitrus glass cabinet, climate-controlled wall wine racks, wine climate control units and specially procured and configured wine refrigerators.

7. Manufacturer Guarantees

7.1 Some of the goods that we sell may be subject to a manufacturer’s guarantee. If so, please read the term and conditions of those guarantees.

7.2 A manufacturer’s guarantee does not affect your legal rights as a Consumer. You can get advice about your legal rights from your local Trading Standards office or Citizens' Advice Bureau.

8. Our Guarantee

8.1 For those goods which we state on our website are subject to a guarantee, we guarantee that, subject to the other provisions of this agreement, upon delivery and for the period thereafter stated in the relevant product description, the goods will be free from material defects.

8.2 The Guarantee does not affect your legal rights as a Consumer. You can get advice about your legal rights from your local Trading Standards office or Citizens' Advice Bureau.

8.3 We shall not be liable for a breach of any of the Guarantee unless:
a) you have given us written notice of the defect within ten working days of the time when you discover or ought to have discovered the defect; and
b) you send the relevant goods plus original invoice / proof of purchase to us at Casa Select GmbH, Logistikzentrum, Richard-Klinger-Str. 11, D – 65510, Idstein / Germany at our expense.

8.4 The Guarantee does not apply:
a) if you make any further use of such goods after giving such notice;
b) if the defect arises because you failed to follow the instructions or appropriate procedures as to the storage, installation, use or maintenance of the goods or from fair wear and tear or from deliberate damage, accidents or negligence;
c) if you have not paid the total price for the goods by the due date for payment;
or d) you alter or repair such goods without our written consent.

8.5 Subject to the foregoing, if any of the goods do not conform with the Guarantee, we shall at our option repair or replace such goods (or the defective part) or refund to you the price of the goods (or a proportionate part of the price) provided that, if we so request, you return to us at our expense the goods or the part of such goods which are defective.

9. Guarantee

9.1 The statutory guarantee of 2 years applies to all products.

9.2 Extended 10 year guarantee on wine racks

The following conditions, which describe the requirements and scope of our warranty service, do not affect the warranty obligations arising from the purchase contract with consumers. The statutory warranty period of 2 years applies to all items.

Our products are manufactured to the highest quality standards. For this reason, we offer you an extended warranty of 10 years on all our wine racks. Thanks to this special additional warranty, you will continue to have security even after the statutory warranty period has expired.

Warranty scope: The warranty covers damage and defects to our wine racks that can be proven to be due to a material and/or manufacturing defect. If you make use of the warranty, we reserve the right to choose whether to arrange a repair, deliver a replacement item, or refund the purchase price.

Exclusions: The extended warranty does not cover damage caused by the following:
• Normal wear and tear
• Incorrect installation or assembly
• Improper use
• Failure to follow operating or assembly instructions
• Failure to observe the recommended environmental conditions

Important safety information: Our wine racks are intended exclusively for use in rooms with a humidity level between 45% and 65%. Damage caused by storage or use in excessively damp cellars or rooms with higher humidity is not covered by the warranty.

Warranty conditions:
• Warranty services do not extend the warranty period nor do they start a new warranty period.
• The warranty begins on the date of delivery. The invoice serves as proof of warranty or purchase.
• In the event of a warranty claim, please enclose a copy of the original invoice and send the item to:

Casa Select GmbH
Logistikzentrum
Richard-Klinger-Str. 11
65510 Idstein / Germany

9.3 Even after the warranty has expired, our service team is happy to assist you in finding quick solutions for any necessary repairs.

10. Minor variations in goods

10.1 We will take reasonable care to ensure that representations and descriptions of goods appearing on our website are correct. We have made reasonable efforts to display as accurately as possible the appearance / colour / texture / finish of our goods. However, what you see will depend on your monitor and computer equipment and so you acknowledge and accept that there may be minor differences between the actual goods and the way that they appear on the screen. For example, the colour tone may differ.

10.2 Although we have made reasonable efforts to be accurate, all weights, dimensions, sizes, measurements and capacities referred to on our site may vary by up to 3%.

10.3 The packaging of the goods you receive may differ from the pictures of packaging which you see on our site.

11. Liability

11.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited.

11.2 You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.

11.3 The following clauses apply only if you are a Consumer:
a) We are not responsible for any loss or damage caused by us or our employees or agents in circumstances where:
i) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
i) such loss or damage was not foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
i) such loss or damage is caused by you, for example by not complying with this agreement; or
i) such loss or damage relates to a business (as we do not intend for goods bought by Consumers to be used for business).
b) You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).

11.4 The following clauses apply only if you are not a Consumer:
a) In this clause, any reference to us includes our employees and agents.
b) Our liability of any kind (including our own negligence) is limited to the price paid for the goods.
c) In no event (including our own negligence) will we be liable for any:
i) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
i) loss of goodwill or reputation; i) special, indirect or consequential losses; or
i) damage to or loss of data (even if we have been advised of the possibility of such losses).
d) You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement.
e) This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
f) To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.

12. Privacy Policy

You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy policy.

13. Events outside our control

We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.

14. General

We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce any term of this agreement except insofar as expressly stated otherwise.

15. Complaints

If you have any complaints, please contact us via the contact details shown on our website or write to us at our trading address below.

16. Platform for out-of-court settlements of the EU comission

From February 15th 2016 the EU commission will provide a platform for out-of-court settlements. This offers consumer the possibility to settle disputes associated with your order without judicial intervention. The dispute resolution platform can be found on the following external link: https://ec.europa.eu/consumers/odr/
We strive to settle possible disputes amicably. Furthermore we are not obliged in engaging in an alternative dispute resolution process and cannot offer you to participate in such a procedure.

17. Company information

Company name: Casa Select GmbH
Country of incorporation: Germany
Registered number: HRB 31289
Registered office: District Court Wiesbaden
Main trading address: Hagenauer Straße 1, D – 65203, Wiesbaden / Germany
Phone: +49 611 50 400 400
VAT number: DE 327 100 835
Tax-ID Nr.: 040 230 03219

Version: September 2020