General Terms and Conditions (as of 26.03.2019)
§ 1 Scope
These terms and conditions apply to orders for goods from our online shop, eBay shop and cash purchase.
§ 2 contracting party
Whisky Rarities Andermann, owner: Dirk Andermann, Anno-Knütgen-Str. 1b, 56203 Höhr-Grenzhausen, Germany
The contract is concluded exclusively in German. VAT number. DE309492670.
§ 3 customer service
You can reach us under Tel .: +49 2624 948426 or via E-Mail: Whiskyhandel@gmx.de.
We'll get in touch with you as soon as possible.
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§ 4 Conclusion of contract
(1) The presentation of the products in our online shop is a non-binding online catalog and not a legally binding offer within the meaning of § § 145 ff. BGB dar. The insertion of items in the shopping cart is not a submission of a purchase offer. Only by clicking on the button "Buy now" you place a legally binding order of the goods contained in the shopping cart.
(2) Immediately after sending the order, we will confirm the receipt of the order by e-mail and inform you of details of your order. This confirmation of receipt does not constitute an acceptance of the contract. Only the receipt of the confirmation of the dispatch or the dispatch of the goods ordered by you represents the acceptance of your offer. The contract is only concluded at this time. However, in the event that the stock is used up, we reserve the right not to accept the order or to restrict the order. Whiskey Rarities Andermann also reserves the right to refuse incoming order requests - even without justification. Of course you will be informed about this. Payments already made will be refunded to you as soon as possible via the payment medium you used to pay for your order. A storage of the shopping cart and the contract text is not systemic. However, you are free to print the relevant page of the online shop during the ordering process using the print function of your browser.
The sale of the goods takes place only in normal household quantities. Also, the task of multiple orders of the same product, in which the individual orders each contain customary amounts, can exceed the usual household amount. Natural persons can register as a customer.
§ 5 bottle illustrations, descriptions
Please note that the bottle illustrations in the online shop are partially sample illustrations. Packaging and gift boxes are usually part of the product, individual bottles without gift box are explicitly stated.
§ 6 self-supply reservation
(1) If the ordered product is not available because we are not supplied with this product by our supplier through no fault of our own, we can withdraw from the contract. In this case, we will inform you immediately and, if necessary, propose the delivery of a comparable product.
(2) If no comparable product is available or if you do not wish to receive a comparable product, we will immediately reimburse you for any consideration already paid. The burden of proof for a lack of delivery by our supplier lies with us.
§ 7 Retention of title
The goods remain our property until full payment. Before transfer of ownership, a pledge, transfer, processing or transformation without our consent is not permitted.
§ 8 protection of minors
(1) In accordance with the Youth Protection Act, we only supply alcoholic beverages to persons from the age of 18 years. We reserve the right to take an exam. By clicking on the check-box and accepting our terms and conditions in the context of the ordering process, you declare that you are of age and full legal capacity. By placing your order, you assure that you are over 18 years old and that all age, name and address information is correct. As a customer, you are obliged to ensure that only you or one of your authorized persons of full age can accept the delivery of goods. Unless persons of legal age cause orders stating false facts and / or without the authorization of their responsible or authorized legal representatives, Whiskey-Raritäten Andermann hereby withdraws these contracts as a precaution according to § 111 BGB. (2) In the context of the delivery an additional age verification by the shipping service provider can take place, if the person, who receives the delivery, gives justified cause for this. A delivery of the ordered goods to persons under 18 years does not take place. If the delivery can not be handed over due to the age verification at the front door, you have to bear the additional costs for the return of the order.
§ 9 Preise und befristete Sonderangebote
Alle Preisangaben sind Endverbraucherpreise. Sie verstehen sich in Euro und beinhalten die jeweilige anwendbare gesetzliche Mehrwertsteuer zuzüglich Versandkosten, die extra ausgewiesen sind. Es gilt der Preis zum Zeitpunkt der Bestellung.
§ 10 delivery times and costs
(1) Delivery takes place in the delivery time specified in the order and according to the delivery method selected by you and is measured from the time of receipt of the money. When ordering multiple goods with different delivery times, the delivery is expected to be in the delivery time of the product with the longest delivery time specified.
(2) If the specified delivery time can not be met, we will inform you automatically by e-mail.
(3) Per order under 150.00 EUR we charge a shipping fee of 7.90 EUR for shipping within Germany.
(4) From an order value of 150.00 EUR we deliver free of charge within Germany. If, for technical or logistical reasons, a shipment is only possible in several stages, the shipping costs will only be incurred once.
(5) Delivery abroad: We usually deliver only within the European Union (exceptions are sales through our eBay shop). From an order value of 1500.00 EUR we deliver free of charge within the European Union.
(6) Please ensure that the goods can be received at the agreed time accordingly.
(7) When shipping pallets of large and bulky goods, we ship with different shipping companies. Please be sure to let us know your phone number so that the shipping company can advise you of delivery. So we can ensure that the pallet is delivered and you or a representative of you can receive the goods. The delivery is free of charge for you within the Federal Republic of Germany.
§ 11 Liability for defects
(1) The statutory provisions apply. The limitation period for claims for defects is two years from the delivery of the goods.
(2) Should special warranties apply to products, your statutory claims for defects remain unaffected. The contact person for the respective guarantee is named in the warranty terms that accompany the ordered product. If you do not have these instructions at hand or if this is not a technical item, please contact our customer service.
(3) If delivered items have obvious material, manufacturing defects or transport damage, please report such errors immediately to us or to the carrier who delivers the items. There is no obligation to do so and is not a prerequisite for the assertion of your claims. However, otherwise we can not assert any claims against the carrier. Compliance with the above regulation does not affect your legal claims, as far as you have ordered for private purposes as a consumer. Commercial customers are informed of their obligation to complain under § 377 HGB.
§ 12 Payment, Billing, Promotional Products
(1) Payment, billing: The payment of the goods (if applicable, including a deposit) and the service fee will be made by invoice, credit card or PayPal after the conclusion of the contract on delivery of the goods and settlement of any refunds, vouchers, etc. The other payment methods via our payment service PayPal. By selecting the payment method debit, you issue a SEPA mandate, with which our payment service provider PayPal is entitled to collect the invoice amount from your account. PayPal reserves the right to conduct a credit check with external credit bureaus such as SCHUFA, Arvato / Infoscore or eBay to cover the credit risk and to further charge any fees of the credit institution. This applies in particular to unauthorized return debits.
(2) You will receive your invoice in parallel by e-mail. Whiskey rarities Andermann reserves the right to block the customer's registration and thus the access to the online shop, as long as payment defaults or delays occur or when the order itself is repeatedly misappropriated. To secure the credit risk, PayPal reserves the right to limit the choice of payment methods. Repayments are made in the same way as we or our payment service provider PayPal received payments from the customer.
(3) When purchasing by bank transfer: The customer transfers the invoice amount before delivery of the goods within 7 days. If the invoice amount is not transferred within this time, the order will be canceled by us without notice. After receipt of payment within the deadline, we send the goods immediately and confirm by email. All necessary information about payment transactions will be sent to the customer with the order confirmation. The order number must be specified in the "Purpose" field.
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Bank details:
Netbank Hamburg
Dirk Andermann / Whiskey Rarities
IBAN: DE33 2009 0500 0002 5781 90
BIC: AUGBDE71NET
§ 13 Privacy
All personal data we need to deal with you will be stored. Of course, we commit ourselves to a comprehensive protection of your personal data in accordance with the provisions of the Federal Data Protection Act. For further information on data protection please refer to our privacy policy.
§ 14 Cancellation Policy for Consumers
Consumers are entitled to a statutory right of withdrawal. A consumer is any natural person who concludes a legal transaction for purposes which can not be attributed to their commercial or independent professional activity. Cancellation policy for the delivery of goods or the uniform delivery of goods from a single order process
Cancellation
Withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must (whiskey rarities, Dirk Andermann, Anno-Knütgen-Str. 1b, 56203 Höhr-Grenzhausen, phone +49 2624/948426, email: whiskyhandel@gmx.de) by means of a clear statement (eg. A letter or e-mail sent by post) informing you of your decision to withdraw from this contract. In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we will use the same form of payment that you used in the original transaction, unless expressly agreed otherwise with you, in no case will you be charged for any such repayment. We may refuse to repay you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You have the goods immediately and in any event no later than fourteen days from the day on which you inform us about the cancellation of this contract, to return to us or to hand over. The deadline is met if you send the goods before the expiry of the period of fourteen days. You are responsible for the immediate cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to a handling that is not necessary for the purpose of checking the nature, characteristics and functioning of the goods. Shipments abroad will be refunded only the ordered value of goods, not the incurred shipping costs.
§ 15 Instructions for the smoothest possible handling of the return
(1) You would like to return a product purchased from us? Please complete the goods return slip before return, which you will receive on request from our customer service. This can greatly speed up the transaction.
(2) If possible, please return the item completely with the original packaging to us. Please use the return slip (please enter the reason for return) and attach it to the package to be returned. The use of the return of goods and the original packaging is not a mandatory requirement for the assertion of your right, but simplifies and secures the settlement. Returns and misuse of the return option incur costs. We will not accept goods returned to us unfree.
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§ 16 Final provisions, choice of law clause and jurisdiction agreement
(1) Should any provision of these General Terms and Conditions be invalid, the remainder of the contract remains valid.
In place of the invalid provision, the relevant statutory provisions apply.
(2) All disputes arising in connection with the initiation, execution or execution of the contractual relationship shall be governed exclusively by German law, unless mandatory consumer protection regulations of the country in which you have your habitual residence have priority. The application of the UN Sales Convention is excluded.
(3) If the contracting party is a merchant, a legal entity under public law, the exclusive place of jurisdiction (Amtsgericht 56410 Montabaur) shall be all claims arising out of or on the basis of this contract. The same applies to persons who have no general place of jurisdiction in Germany or persons who have relocated their place of residence or habitual residence outside of Germany after conclusion of the contract or whose domicile or habitual residence is not known at the time the complaint is filed.
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§ 17 Verbraucherschlichtung
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Platform of the European Commission for online dispute resolution: OS Plattform "Information on liability for defects: It is the statutory liability for defects"