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Conditions for the use of this website

Scope of application

The following terms and conditions apply to the use of the website FOCUS.WINE (hereinafter “website”). For the use of the website, it is important that you, as a user, read and accept the following terms. We kindly recommend that you also read the Privacy Policy of this website.

By using our website, you automatically agree to these Terms of Use. By agreeing, you warrant to us that you will not make any postings or actions that violate the Terms of Use.

The owner of the website (hereinafter “we”), detailed below, reserves the right to change, delete or supplement the information on this website at any time without prior notice.

Availability of the website and error disclaimer

FOCUS.WINE has an availability of 24 hours a day. However, there may be interruptions in availability due to system-required maintenance. Interruptions in availability may occur, among other things, due to force majeure or other causes for which we are not responsible, such as intent or gross negligence.

To the maximum extent permitted under applicable law, we, on our own behalf and on behalf of our affiliates and the respective licensors and service providers, expressly disclaim all warranties, whether express, implied, statutory, or otherwise, with respect to the website or service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of a course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking and make no representation of any kind that the website or service will meet your requirements, achieve any intended results, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

The website or service is provided “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. We would like to point out:
– that it is technically impossible to provide the website free of errors of any kind and that, therefore, we accept no responsibility for them,
– that errors may lead to the temporary shutdown of the website,
– that the availability of these web pages is dependent on conditions and services outside our control, such as transmission capacities and telephone connections between the individual parties. We are not responsible for any disruptions falling into this area.

Links to third-party websites

Our website may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly recommend you read the terms of use and privacy policies of any third-party websites or services that you visit.

Electronic Communication
When you use a form or send an email, text messages or other communications to us from your computer or mobile device, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, including through email, text messages, or by posting electronic messages or other communications on our website or as part of other services provided by us. For contractual purposes, you agree to receive electronic communications from us and that all consents, notices, disclosures and other communications that we send to you electronically do not, to that extent, require a writing unless mandatory applicable law requires another form of communication.
Privacy Policy and use of cookies

Please refer to our Privacy Policy page.

Registration and/or user accounts

In some sections of our website we may offer the possibility to register or create a user account (e.g. to write comments). When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the terms, which may result in the immediate termination of your account on our website or service.

You are responsible for safeguarding the password that you use to access the website or service and for any activities or actions under your password, whether it is with our website or service or a third-party social media service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Comment sections, discussion boards and forums

To the extent that we offer comment sections or discussion forums on some of our web pages, either temporarily or permanently, participants are expected to observe the usual rules of communication, such as mutual respect. If you participate, you may not disseminate or post any offensive, possibly derogatory, foul, indecent, defamatory, or obscene material or material that infringes the intellectual property rights of third parties.

Content and restrictions

Our website may allow you to post content. You are responsible for the content that you post on the website, including its legality, reliability, and appropriateness.

By posting content of any kind on our website, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such content on and through the website and/or social media. You retain any and all of your rights to any content you submit, post, or display on or through our website and you are responsible for protecting those rights. You agree that this license includes the right for us to make your content available to other users, who may also use your content subject to these terms.

You represent and warrant that:
– the content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these terms,
– the posting of your content on or through the website does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

We are not responsible for the content of the users. You expressly understand and agree that you are solely responsible for the content and for all activity that occurs under your account, whether done so by you or any third person using your account.

You may not transmit any content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable.

Claims from intellectual property rights

We respect the intellectual property rights of others. If you believe that your intellectual property rights have been used in a manner that gives rise to concern of infringement, please follow our procedure for notifying us of infringement.

Copyright and database rights

All content included in or provided through any of our web pages or online services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is our property or third parties supplying content or making it available on the website and is protected by German copyright and database right laws.

You may not extract, reuse and/or publish any part of our website or service without our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of any web page or service without our written consent.

Limitation of liability

We shall have unlimited liability to the extent that the cause of the damage is based on an intentional or grossly negligent breach of duty by us or a legal representative or vicarious agent of us.

Furthermore, we are liable for the slightly negligent breach of essential obligations. Essential obligations are obligations whose breach jeopardizes the achievement of the purpose of the contract or whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance you regularly rely. In this case, however, we shall only be liable for the foreseeable damage typical for the contract. We are not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

Insofar as our liability is excluded or limited, this shall also apply to the personal liability of employees, representatives, and agents.

Changes to these Terms of Use

We reserve the right, at our sole discretion, to make changes to this website and its services, rules and regulations, terms and conditions, including these terms of use, at any time.

If a revision is material we will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

You are subject to the terms and conditions, contract terms, and terms of use in effect at the time you use this website and its services. If any of these terms and conditions are held invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

By continuing to access or use our website or service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the service. If you violate these Terms of Use and we do nothing about it, we will still be entitled to exercise our rights on any other occasion on which you violate these Terms of Use.

No waiver
If you violate these Terms of Use and we do nothing about it, we will still be entitled to exercise our rights on any other occasion on which you violate these terms.
Jurisdiction and applicable law

If you have any concerns or disputes about the use of our website or service, you agree to first try to resolve the dispute informally by contacting us.

The law of the Federal Republic of Germany shall apply exclusively to differences of opinion and disputes on the occasion of this contract, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Contact details and legal information

If you have any questions regarding our website, you can reach us at the following contact details:

Email: info (at) focus (dot) wine

Responsible for editorial content according to § 55 paragraph 2 RStV (German Copyright and Media Law):
CEO (please refer to our Legal Notice page)