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General Terms and Conditions
General Terms and Conditions of Hausberg Spirituosen GmbH represented by Mr. Peter Schmütz Lichtenhainer Straße 40, D ‐ 28205 Bremen, Telephone: ++ 49 151 46171857 E ‐ Mail: [email protected], VAT ID No .: DE319834091, commercial register entry: HRB 33762 HB, Bremen District Court.
§ 1 scope
1.1 The following general terms and conditions (GTC) apply to all business relationships between Hausberg Spirituosen GmbH (hereinafter: "Seller"), and the customer for all of the seller's services, which are provided via the seller's web shop, at the time of the order Frame.
1.2 These terms and conditions apply to both consumers and entrepreneurs, unless a differentiation is made in the respective clause.
1.3 Consumers within the meaning of these General Terms and Conditions are, according to § 13 BGB, every natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or independent professional activity.
1.4 Entrepreneur in the sense of these General Terms and Conditions is, according to § 14 BGB, a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
1.5 Customers in the sense of these terms and conditions are both consumers and entrepreneurs.
1.6 The seller enters into contractual relationships only with adults. Persons under the age of eighteen (18) years of age cannot become customers of the seller.
1.7 General terms and conditions or other conditions of the customer do not become part of the contract, unless otherwise agreed in individual cases.
§ 2 conclusion of contract
2.1 The product descriptions contained in the seller's web shop do not constitute binding offers for the seller to conclude a contract. On the other hand, they represent a request for the customer to submit a binding offer.
2.2 The customer can submit the offer via the seller's online ordering system. The customer can select individual products and add them to the virtual shopping basket by clicking on the "Add to shopping basket" button. The content of the virtual shopping cart is then displayed in a separate window. The customer can choose to add more products by clicking on the "Continue shopping" button or by clicking on the "Show shopping cart" button to go to the ordering process. As an introduction to the ordering process, the customer is shown an overview of the products in the shopping cart. There he has the option to change the number of individual products by clicking on "Quantity" or "Change" (pencil symbol) or to remove individual products from the shopping cart ("Remove" button). A click on the "Continue shopping" button takes the customer back to the web shop, where he can select other products as required. If you click on the "continue" button, the customer will be directed to the ordering process. A total of three (3) steps follow, namely "Select address", "Shipping & payment method" and "Check & send". In the first step, the customer can specify the shipping and possibly a different delivery address and also choose whether he wants to log into an existing customer account, create a new customer account or order as a guest. After clicking on the "Next" button, the customer goes to the next step. The desired payment method must be selected there. Another click on the "Next" button leads the customer to the order overview page in the next step. Here, all information given in the order can be checked again and corrected if necessary, such as the products, their number, the method of payment or the delivery or billing address. If no corrections are necessary and the customer wants to send his order with the data listed in the overview, it is sufficient to click on the button "order with payment". In this way, the customer makes a legally binding offer to conclude a purchase contract for the goods in the shopping cart. However, the customer can cancel the order process at any time (e.g. by closing the browser window) or go to the previous step (by clicking on the "Back" button or using the "Page back" function of the browser).
2.3 The seller can accept the customer's offer within five (5) days by sending the customer a confirmation (e.g. by email) or by delivering the ordered goods to the customer; in the first case the receipt of the declaration of acceptance is decisive, in the latter case the receipt of the goods by the customer. If there is no acceptance by the seller within the period, this is considered a rejection of the offer. In this case, the customer is no longer bound to his declaration of intent.
2.4 The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth (5th) day after the offer has been sent.
2.5 The text of the contract is saved by the seller and sent to the customer after sending his order including the terms and conditions and the cancellation policy in text form (e.g. email). In addition, the customer receives a message about it in the browser window after placing the order; this message contains the option to print out the order confirmation. In addition, the text of the contract is stored in the seller's web shop and can be called up by the customer in his customer area at any time after entering his access data under the menu item "User account".
2.6 Only the German language is available for the conclusion of the contract.
§ 3 right of withdrawal
3.1 Consumers generally have a right of withdrawal. However, entrepreneurs are not granted a voluntary right of withdrawal.
3.2 More detailed information on the right of cancellation can be found in the seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.
§ 4 prices / terms of payment
4.1 The prices stated in the seller's web shop are final prices, unless stated otherwise. The prices include VAT in particular. Shipping costs are not included, they can be found on the corresponding subpage.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The following payment options are available to the customer: PayPal, advance payment / transfer, Secupay direct debit / credit card
4.4. If you choose the payment method prepayment / transfer, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
4.5 If you choose the PayPal payment method, payment is made immediately after entering your PayPal account details and their confirmation (provider: PayPal (Europe) S.à rl et Cie, SCA, 22‐24 Boulevard Royal, L ‐ 2449 Luxembourg), so that we Deliver the goods directly after a successful PayPal transaction.
4.6 If the payment method Secupay direct debit / credit card is selected, the purchase price claim is sent to the provider secupay AG, Goethestr. 6, 01896 Pulsnitz, ceded. The customer's bank account is debited when the order is completed, so that we can deliver the goods directly after a successful Secupay transaction.
§ 5 delivery / shipping conditions
5.1 The delivery of the goods takes place at the latest within five (5) working days (Monday to Friday, excluding public holidays) after conclusion of the contract.
5.2 The goods will be shipped to the delivery address specified by the customer in the ordering process, unless otherwise agreed in individual cases.
5.3 If the goods are returned to the seller by the transport company because delivery to the customer was impossible, the customer bears the costs incurred due to unsuccessful shipping (e.g. costs of return transport, etc.). However, this only applies if the customer does not effectively exercise his right of cancellation, if he is responsible for the circumstance that led to the impossibility of delivery or if no temporary obstruction has made it impossible for him to accept the service; in the latter case, the customer is released from the costs if the seller has not announced the service a reasonable time in advance.
5.4 If the customer is an entrepreneur, the place of fulfillment for deliveries of goods to this is the registered office of the seller, unless otherwise agreed.
5.5 If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold passes to the consumer when the goods are handed over.
5.6 If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods in the case of mail order purchases is transferred to the entrepreneur upon delivery of the goods to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment.
§ 6 retention of title
6.1 If the seller makes advance payment, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.
6.2 If the customer is an entrepreneur, the following also applies: - The seller retains ownership of the goods until all claims from the current business relationship have been fully settled. Pledging or transfer by way of security is not permitted before the transfer of ownership of the reserved goods. - The customer may resell the goods in the ordinary course of business. In this case, he already assigns all claims in the amount of the invoice amount that arise from the resale to the seller, who in turn accepts the assignment. The customer is also authorized to collect the debt. If he does not properly meet his payment obligations, the seller reserves the right to collect the claim himself.
- If the reserved goods are combined and mixed, the seller acquires co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed objects at the time of processing.
- The seller undertakes to release the securities to which he is entitled at the customer's request insofar as the realizable value of the securities exceeds the claim to be secured by more than ten percent (10%). The choice of securities to be released is incumbent upon the seller.
§ 7 warranty
7.1 If the customer is a consumer, the statutory liability for defects applies to him.
7.2 If the customer is an entrepreneur, only the seller's own information or the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements.
7.3 If the customer is an entrepreneur, the seller initially provides a guarantee for defects in the goods by rectification or replacement.
7.4 If the supplementary performance fails, the customer can in principle choose between a reduction in the remuneration (reduction) or cancellation of the contract (withdrawal) and compensation.
7.5 If the customer is an entrepreneur, the delivered goods must be examined immediately for quality and quantity deviations and the seller must be informed of any visible defects within a period of one (1) week from receipt of the goods in text form (e.g. by email); Otherwise the assertion of warranty claims is excluded. Hidden defects must also be reported to the seller in text form within a period of one (1) week from discovery. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all claims, in particular for the defect itself, for the time the defect was discovered and for the timely notification of the defect.
7.6 Claims due to material defects (including compensation) for new items become time-barred against consumers two (2) years after delivery of the goods, against entrepreneurs one (1) year after delivery of the goods. This does not apply if the law prescribes longer deadlines in individual cases, as well as in the event of injury to life, limb or health, in the event of an intentional or grossly negligent breach of duty by the seller and in the event of fraudulent concealment of a defect. The regulations regarding the suspension of expiry, the restart of deadlines and the liability of the seller according to the Product Liability Act remain unaffected. The regulations regarding the suspension of expiry, the restart of deadlines and the liability of the seller according to the Product Liability Act remain unaffected. The statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
7.7 The seller gives no guarantees to customers in the legal sense. Manufacturer guarantees remain unaffected.
§ 8 liability
8.1 According to the current state of the art, communication via the Internet can neither be guaranteed error-free nor available at all times. In this respect, the seller is not liable for the constant or uninterrupted availability of his website and the offers provided there.
8.2 The seller is fully liable for damage resulting from injury to life, limb or health. Furthermore, he is liable without restriction in all cases of intent and gross negligence, fraudulent concealment of a defect, acceptance of the guarantee for the quality of the object of purchase and in all other cases regulated by law.
8.3 If essential contractual obligations are affected, the liability of the seller in the event of slight negligence is limited to the contract-typical, foreseeable damage. Essential contractual obligations are essential obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract as well as obligations that the contract imposes on us to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and the customer can regularly rely on compliance. Liability for slightly negligent breaches of duty is excluded in the event of a breach of insignificant contractual obligations.
§ 10 protection of minors
10.1 The offers of the seller are aimed exclusively at adult customers, contracts with minors are therefore excluded.
10.2 By sending his order, the customer assures that he has reached the legally required minimum age and that his details (name, age, address) are correct. The goods are delivered and handed over exclusively to persons of legal age. The customer is therefore obliged to ensure that only he or those authorized by him to accept the delivery who have reached the legally required minimum age receive the goods.
10.3 The conclusion of the contract is also conditional on proof that the customer is of legal age. This is done by a) checking the age as part of the ordering process and b) when delivering the goods. The customer or the person authorized to receive the goods is obliged to prove their identity upon presentation of the delivery of goods by showing their ID card or another suitable ID document. If an age check is not possible, the package will be stored in a nearby post office for seven (7) days and can be picked up upon presentation of the ID. If delivery fails due to an identification omitted by the customer, the seller reserves the right to demand the additional costs for the return, regardless of any further claims.
10.4 If the seller receives positive knowledge of an order that was triggered by providing incorrect data (especially name and age), he reserves the right to initiate criminal proceedings in addition to the revocation in accordance with § 111 BGB.
§ 11 Alternative dispute settlement
11.1 The EU Commission provides an internet platform for online dispute resolution (so-called OS platform). This OS platform serves as a contact point for out-of-court settlement of disputes in connection with contractual obligations from online sales contracts or online service contracts. The OS platform can be reached at the following link: www.ec.europa.eu/consumers/odr. You can find our email address, among other things. in the imprint of the web shop.
11.2 The seller is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
§ 12 applicable law
12.1 The law of the Federal Republic of Germany applies to all legal relationships between the seller and the customer, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.
12.2 Furthermore, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.
§ 13 place of jurisdiction
13.1 If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business.
13.2 If the customer is based outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the professional or commercial activity of the customer.
13.3 In the above cases, however, the seller is entitled to appeal to the court at the customer's registered office. "