Terms of service
General Terms and Conditions
Contractual Terms and Conditions for Purchase Agreements concluded via the platform theduke-gin.de
between
THE DUKE Destillerie
Maximilian von Pückler
Feldkirchner Straße 1, 85609 Aschheim near Munich
Phone: +49 (0)89 45 47 30 60
Email: support@theduke-gin.de
– hereinafter referred to as the “Provider” –
and
the users of this platform as defined in § 2 of these General Terms and Conditions
– hereinafter referred to as “Customer(s)” –
§ 1 Scope of Application
The business relationship between the Provider and the Customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.
§ 2 Conclusion of Contract
(1) The Customer may select products from the Provider’s assortment and place 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 offer to purchase the goods contained in the shopping cart. Prior to submitting the order, the Customer may review and amend the entered data at any time.
(2) The Provider shall then send the Customer an automatic order confirmation by email with the subject line “Confirmation of your order with THE DUKE Destillerie,” in which the Customer’s order is listed again and which can be printed using the “Print” function.
The Customer’s order pursuant to paragraph (1) constitutes the offer to conclude a contract with the respective contents of the shopping cart. The order confirmation constitutes the acceptance of this offer by the Provider. The contents of the order are summarized therein.
The contract text (consisting of the order, these General Terms and Conditions, and the order confirmation) shall be sent to the Customer on a durable medium (email or paper printout) either in this email or in a separate email, but no later than upon delivery of the goods. The contract text shall be stored in compliance with data protection regulations.
(3) Contracts may be concluded in the following languages: German / English.
§ 3 Delivery, Product Availability, Payment Terms
(1) Delivery times stated by us shall be calculated from the date of our order confirmation (§ 3 (2) of these General Terms and Conditions), provided that payment of the purchase price has been made in advance.
(2) If a product specified by the Customer in the order is temporarily unavailable, the Provider shall inform the Customer without undue delay. In the event of a delivery delay exceeding two weeks, the Customer shall be entitled to withdraw from the contract. In such case, the Provider shall also be entitled to withdraw from the contract and shall promptly refund any payments already made by the Customer.
(3) The following delivery restrictions apply: The Provider delivers only 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 may make payment via PayPal or credit card.
(5) The purchase price shall be due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the Customer shall be in default upon failure to meet the payment deadline.
§ 4 Retention of Title
The delivered goods shall remain the property of the Provider until full payment of the purchase price has been received.
§ 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 applicable shipping costs shall be indicated to the Customer in the order form and shall be borne by the Customer, unless the Customer exercises a statutory right of withdrawal.
(3) In the event of withdrawal, the Customer shall bear the direct costs of returning the goods.
(4) Delivery to DHL Packstations is not possible due to age verification requirements (18+).
(5) Delivery is made exclusively within Germany.
§ 6 Deposit (Pfand)
(1) The Customer may return reusable deposit bottles and disposable deposit cans ordered via our online shop to the Provider. The Provider shall subsequently refund the deposit amount to the bank account specified by the Customer.
(2) The Customer shall bear the costs of returning the deposit bottles and deposit cans.
§ 7 Liability
(1) Claims of the Customer for damages are excluded. This shall not apply to claims for damages arising from injury to life, body or health, or from the breach of essential contractual obligations (cardinal obligations), nor to liability for other damages resulting from intentional or grossly negligent breaches 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 be liable only for the typical, foreseeable damage if caused by slight negligence, unless the claim for damages arises from injury to life, body or health.
(3) The limitations of liability set out in paragraphs (1) and (2) shall also apply in favor of the Provider’s legal representatives and vicarious agents if claims are asserted directly against them.
(4) The provisions of the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
§ 8 Information on Data Processing
(1) The Provider collects Customer data in the course of processing contracts. In doing so, it shall comply in particular with the provisions of the EU General Data Protection Regulation (GDPR). Without the Customer’s consent, the Provider shall collect, process or use Customer inventory and usage data only to the extent necessary for the performance of the contractual relationship. Statutory retention periods shall be observed and implemented.
(2) Without the Customer’s consent, the Provider shall not use Customer data for advertising, market research or opinion research purposes.
§ 9 Final Provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the Provider and the Customer, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and private international 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 shall be the Provider’s place of business.
(3) Should individual provisions of this contract be or become legally invalid, the validity of the remaining provisions shall remain unaffected. Statutory provisions shall replace the invalid provisions where applicable. If this would result in unreasonable hardship for one party, the contract shall be deemed invalid in its entirety.
§ 10 Age Restriction for the Sale of Alcohol
(1) The purchase of alcoholic beverages is permitted only to persons aged 18 years or older. By placing an order in our shop, you confirm that you are at least 18 years of age.
(2) The shipping service provider may deliver alcoholic orders only if the delivery can be accepted by a verifiably adult person (age verification 18+).