General Terms and Conditions (GTC) - ch.whisky.de
Your supplier and contractual partnerWhisky.de GmbH & Co. KG You can also reach our customer service under these contact details. |
§ 1 Scope of application
(1) These General Terms and Conditions apply to all orders that you place in the Swiss online shop (https://ch.whisky.de/shop) of
Whisky.de GmbH & Co. KG
Am Grundwassersee 4
D-82402 Seeshaupt
Managing directors: Benedikt Lüning, Theresia Lüning
- hereinafter also referred to as "Whisky.de".
(2) The goods offered in our online shop are aimed exclusively at buyers who have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to all future business relationships with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our General Terms and Conditions is hereby rejected.
(4) The contract language is exclusively German
(5) You can retrive and print the currently valid General Terms and Coniditons of Business here. You can also download the General Terms and Conditions as a PDF file when you place your order. There is no further storage of the text of the contract.
§ 2 Consumers, scope of the order
(1) Our offer is directed at consumers. Consumers are natural persons for whom the purpose of the order cannot be attributed to a commercial, self-employed or freelance activity.
(2) Please note that the following regulations regarding the return costs and the right of withdrawal only apply to orders from consumers in the aforementioned sense. In particular, the statutory right of withdrawal does not apply to commercial resellers. We reserve the right not to accept orders that exceed one bottle per product or are obviously intended for resale.
§ 3 Contract Conclusion
(1) The presentation of goods in the online shop does not represent a binding application for the conclusion of a sales contract. Rather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking on the button "Order now" in the last step of the checkout, you submit a legally binding purchase offer (contract offer). Right before submitting this order, you can review it one last time and correct it if necessary.
(3) After your purchase offer was submitted to us, you will receive an automatically generated email which confirms that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute an acceptance of your purchase offer. A binding contract is not yet concluded by this confirmation of receipt.
(4) A binding purchase contract is only concluded when we expressly declare acceptance of the purchase offer (order confirmation). A dispatch confirmation for the dispatch of the goods is deemed to be an order confirmation. Your application can only be accepted by us up to the point in time at which you can expect to receive the response under normal circumstances.
(5) The appearance of the bottles may differ from the photos shown in the shop. The taste descriptions on the website and in the videos are non-binding.
(6) Orders are only possible in household quantities.
§ 4 Prices
The prices stated on the product pages include statutory VAT and other price components. Any additional shipping costs will be displayed on the product pages and in the shopping basket before the order is completed.
Further information on shipping costs can be found under Shipping and delivery
§ 5 Conditions of payment
(1) Payment can be made either by:
- Credit card,
- Paypal,
- Apple Pay, or
- G Pay (Google Pay)
(2) The eventual selection of the available payment methods rests with us. In particular, we reserve the right to offer you only selected payment methods, for example only advance payment, to safeguard our credit risk.
(3) We allow payment upon receipt of your invoice, given a positive result of your credit assessment. You will receive an electronic invoice upon shipment of your products. The processing of the order and its related correspondence is as a general rule conducted via e-mail. Electronic invoices are sent to you by e-mail in PDF format. For this purpose, the customer has to ensure that the provided e-mail address(es) are correct so these e-mails can be successfully delivered. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by Whisky.de or by third parties commissioned by Whisky.de in the course of processing the order can be delivered to the address(es) provided. Please settle the invoice immediately and in full. We ask for your understanding if we request a different payment method (e.g. cash in advance or cash on delivery) due to your credit assessment result or internal risk checks.
(4) If paying by credit card, the total amount is reserved on your credit card and collected once your order has been dispatched.
(5) If paying via PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. To be able to pay the total amount via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
(6) In the case of payment by direct debit, you may be liable for any costs incurred as a result of a chargeback of a payment transaction due to a lack of funds in your account or due to incorrect bank details provided by you.
(7) If paying by eps transfer, you will be redirected to the website of the respective online provider before completing the order process. There you can legitimise yourself via the access data of your online banking at your bank and release the payment directly via the usual legitimation of your online banking (e.g. chiptan or app identification).
(8) If paying via Apple Pay / G Pay, the purchase price will be settled with your Apple Pay or G Pay account upon completion of the order process. In order to be able to use these payment methods, you need a corresponding account with the respective provider and must deposit a means of payment there (e.g. your current Giro or credit card). The use of Apple Pay also requires the use of an Apple device. For further information chceck the websites of the respective provider.
(9) If you choose payment in advance, we will provide you with our bank details in the order confirmation. The total amount is to be transferred to our account within 10 days after receipt of the order confirmation.
(10) If you are in arrears with a payment, you are obliged to pay the statutory default interest of 5 percentage points above the base interest rate. You may be charged a reminder fee of 1 EUR for each reminder sent to you after the arrears occurred, unless lower or higher damages are proven in individual cases.
You can find more information about the payment methods in our webshop at Payment methods.
§ 6 Offsetting/right of retention
(1) You shall only have a right to offset if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship with our claim.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 7 Delivery, title retention
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address provided by you. Delivery will be made within approx. 3-6 working days (Mon. - Fri. with the exception of public holidays in Bavaria) after receipt of order.
(2) Deliveries from the Swiss webshop (ch.whisky.de/shop) are only possible within Switzerland.
(3) The goods shall remain our property until the purchase price has been paid in full.
(4) The delivery of ordered goods is subject to the availability of the goods. If the goods are not available when placing the order, the customer will receive a notification with the expected delivery date and the order will be reserved by us. As soon as the goods are back in stock, they will be dispatched to the customer without any further notification. If an item cannot be restocked, in particular when stock of goods marked as limited has been exhausted (e.g. certain batches / bottling years), we shall inform the ordering party. Payments already made will then be refunded immediately.
(5) The sale of whisky and spirits to minors is prohibited by law. As a new customer, therefore please state your date of birth. In the case of delivery of spirits or other items that are subject to legal sales restrictions, the goods will only be handed over to recipients who meet the legal requirements. We reserve the right to check the age by providing/presenting the identity card or passport when the order is placed and when the goods are handed over by the delivery service.
(6) As an exception, we are not obliged to deliver the ordered goods if we have duly ordered the goods on our part but have not been supplied correctly or on time (congruent covering transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. In the event of corresponding unavailability of the goods, we will immediately reimburse you for any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for goods which are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
(7) For items marked with an earliest delivery date in the online shop and in the order process (stock note "expected to be available from"), in addition to the above points, it applies in particular that even in the case of a legally valid conclusion of a purchase contract, a delivery obligation exists starting from the delivery date announced in the order only.
(8) If the shipping company commissioned by Whisky.de for delivery returns the goods sent to the customer to Whisky.de because delivery to the customer was not possible, the customer shall bear the costs and shipping charges for the unsuccessful delivery.
§ 8 Returns
If you wish to return ordered goods to us, you may do so within 14 days of receipt of the order. Please inform us of your intention to do so in advance by e-mail to info@Whisky.de so that we can support you in processing the return.For returns, the goods must be unopened, in their original packaging and undamaged. The customer bears the costs for such a return, unless it is a defect or a wrong delivery.
Please note that returns to our warehouse in Germany, which are carried out by you without prior consultation with us, may lead to problems with the reversal of Swiss customs duties and taxes. In such a case, Whisky.de reserves the right to charge these costs to the customer.
§ 9 Transport damages
(1) If goods are delivered with obvious transport damage, please complain about such defects immediately to the delivery company and contact us as soon as possible.
(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
§ 10 Warranty
The statutory liability for defects applies. If the order in the webshop was not initiated by a consumer, but the customer acts as an entrepreneur, the periods for warranty claims against Whisky.de GmbH & Co KG are shortened to one year.
§ 11 Alternative dispute resolution
We strive to reach an agreement with the customer at all times. Please use our service contact at info@Whisky.de or our other specified contact options.
The European Commission provides a platform for online dispute resolution (ODR) with further information which can be accessed on the Internet at https://ec.europa.eu/consumers/odr/.
However, we do not participate in a formal dispute resolution procedure before consumer arbitration boards.
§ 12 Final clause
(1) Should one or more provisions of these terms be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory consumer law provisions of the country in which you usually reside remain unaffected by the choice of law (in particular with regard to the conclusion of the contract and warranty law).
(3) If the customer does not act as a consumer within the meaning of §2 of these GTC, German law shall apply exclusively and the place of jurisdiction for all disputes arising from this contract shall be the registered office of Whisky.de & GmbH Co KG.
Status: 20.09.2024
Copyright note: The GTC are are partly based on a template of Bundesverband E-Commerce und Versandhandel Deutschland e.V. (German E-Commerce and Distance Selling Trade Association), provided by HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13, 10115 Berlin, Tel. +49 (030) 28 30 57 40, Fax +49 (030) 28 30 57 4