General terms and conditions of business
Terms of contract in the context of purchase contracts via the platform theduke-gin.de
THE DUKE Distillery
Maximilian von Pückler
Feldkirchner Strasse 1, 85609 Aschheim b. Munich
Tel: 089 - 45 47 30 60, Email: email@example.com
– hereinafter referred to as “provider” –
the users of this platform designated in § 2 of these General Terms and Conditions – hereinafter “customer/customers” – are closed.
§ 1 Scope
The following general terms and conditions apply exclusively to the business relationship between the provider and the customer in the version valid at the time of the order. Deviating conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
§ 2 Conclusion of contract
(1) The customer can select products from the range of the provider and collect them in a so-called shopping cart by clicking on the "Add to shopping cart" button. By clicking on the "Buy now" button, he submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.
(2) The provider then sends the customer an automatic confirmation of receipt by e-mail with the subject "Confirmation of your order at THE DUKE Distillery", in which the customer's order is listed again and which the customer can print out using the "Print" function can. The customer's order (1) represents the offer to conclude a contract with the respective content of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. The content of the order is summarized in this. In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, general terms and conditions and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout). The text of the contract is stored in compliance with data protection.
(3) The contract is concluded in the languages: German/English.
§ 3 Delivery, availability of goods, payment terms
(1) Delivery times specified by us are calculated from the time of our order confirmation (§ 3 (2) of these General Terms and Conditions), provided the purchase price has been paid in advance.
(2) If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case the provider is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.
(3) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and who can provide a delivery address in the same country: Germany.
(4) The customer can make the payment via PayPal or credit card.
(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline.
§ 4 Retention of title
The delivered goods remain the property of the provider until the purchase price has been paid in full.
§ 5 Prices, shipping costs and delivery information
(1) All prices stated on the provider's website include the applicable statutory sales tax.
(2) The corresponding shipping costs are given to the customer in the order form and are to be borne by the customer unless the customer makes use of any right of withdrawal.
(3) In the event of a cancellation, the customer must bear the direct costs of the return shipment.
(4) Shipping to packing stations (DHL) is not possible for reasons of age verification 18+.
(5) We only deliver within Germany.
§ 6 deposit
(1) The customer can return the returnable returnable bottles ordered via our online shop to the provider. The provider then transfers the deposit amount to the account specified by the customer.
(2) The customer has to bear the costs of returning the returnable bottles.
§ 7 Liability
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contract-typical, foreseeable damage if this was caused simply by negligence, unless the customer claims for damages resulting from injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply to the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 8 Notes on data processing
(1) The provider collects data from the customer as part of the processing of contracts. In particular, he observes the provisions of the EU General Data Protection Regulation (GDPR). Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data to the extent that this is necessary for the execution of the contractual relationship. The legal retention periods are observed and implemented.
(2) Without the consent of the customer, the provider will not use the customer's data for advertising, market or opinion research purposes.
§ 9 Final Provisions
(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN sales law and international private law.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the location of the provider.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions, if any, apply. Insofar as this would represent unreasonable hardship for one of the contracting parties, the contract as a whole will become ineffective.
§ 10 Age limit for the sale of alcohol
(1) The purchase of alcoholic beverages is only permitted to persons over the age of 18. By placing an order in our shop you confirm that you are over 18 years old.
(2) The shipping service provider may only deliver the alcohol order you have ordered if a person who can be proven to be of legal age can accept the order. (Visual age check 18+)
Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG
The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr . We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.