General terms and conditions of business
Contractual terms and conditions within the framework of purchase contracts concluded via the platform theduke-gin.de
between
THE DUKE Distillery
Maximilian von Pückler
Feldkirchner Straße 1, 85609 Aschheim near Munich
Tel: 089 – 45 47 30 60, Email: info@theduke-gin.de
– hereinafter referred to as “Provider” –
and
the users of this platform referred to in Section 2 of these General Terms and Conditions – hereinafter referred to as “customer/customers”.
§ 1 Scope
The following General Terms and Conditions, in the version valid at the time of the order, apply exclusively to the business relationship between the provider and the customer. Deviating terms and conditions of the customer will not be recognized unless the provider expressly agrees to their validity in writing.
§ 2 Conclusion of contract
(1) The customer can select products from the provider's product range and collect them in a so-called shopping cart by clicking the "Add to cart" button. By clicking the "Buy now" button, the customer submits a binding request to purchase the goods in the shopping cart. The customer can change and view the data at any time before submitting the order.
(2) The provider will then send the customer an automatic confirmation of receipt by email with the subject "Confirmation of your order from THE DUKE Distillery," which will list the customer's order again and which the customer can print out using the "Print" function. The customer's order (1) represents the offer to conclude a contract with the respective contents of the shopping cart. The confirmation of receipt (order confirmation) represents the provider's acceptance of the offer. This confirmation summarizes the contents of the order. In this email or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of the order, General Terms and Conditions, and order confirmation) will be sent to the customer on a permanent data medium (email or paper printout). The contract text will be stored in compliance with data protection regulations.
(3) The contract shall be concluded in the following languages: German/English.
§ 3 Delivery, availability of goods, payment terms
(1) Delivery times stated by us are calculated from the date of our order confirmation (Section 3 (2) of these General Terms and Conditions), provided that 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 notify the customer of this immediately. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. Furthermore, in this case, the provider is also entitled to terminate the contract. In doing so, the provider will promptly refund 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 can provide a delivery address in the same country: Germany.
(4) The customer can make 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 shall be in default simply by missing the due date.
§ 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 value added tax.
(2) The corresponding shipping costs will be indicated to the customer in the order form and are to be borne by the customer unless the customer exercises any right of withdrawal.
(3) In the event of a cancellation, the customer shall bear the direct costs of returning the goods.
(4) Shipping to packing stations (DHL) is not possible due to age verification (18+).
(5) We only deliver within Germany.
§ 6 Deposit
(1) The customer can return the reusable deposit bottles ordered through our online shop to the provider. The provider will then transfer the deposit amount to the account specified by the customer.
(2) The customer shall bear the costs of returning the deposit bottles.
§ 7 Liability
(1) The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer has claims for damages resulting from injury to life, body or health.
(3) The restrictions in paragraphs 1 and 2 shall also apply to the benefit of the provider’s legal representatives and vicarious agents if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 8 Information on data processing
(1) The Provider collects customer data as part of the contract processing. In doing so, it particularly 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 necessary for the execution of the contractual relationship. The statutory retention periods will be observed and implemented.
(2) Without the customer’s consent, the provider will not use the customer’s data for advertising, market or opinion research purposes.
§ 9 Final provisions
(1) Contracts between the provider and the customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods 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 registered office of the provider.
(3) Even if individual provisions are legally invalid, the remaining parts of the contract remain binding. The invalid provisions shall be replaced, where applicable, by the statutory provisions. However, to the extent that this would constitute an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.
§ 10 Age restriction for the sale of alcohol
(1) The purchase of alcoholic beverages is only permitted to persons over 18 years of age. By placing an order in our store, you confirm that you are over 18 years of age.
(2) The shipping service provider will only deliver your alcohol order if a person of proven adult age can accept the order. (Age verification 18+)
Alternative dispute resolution according to Art. 14 para. 1 ODR-VO and Section 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.