Terms and Conditions
Terms of agreement within the context of sales contracts made via the platform theduke-gin.de
THE DUKE Destillerie
Maximilian von Pückler
Feldkirchner Straße 1, 85609 Aschheim b. München
Tel: 089 – 45 47 30 60, Email: firstname.lastname@example.org
in the following referred to as “Supplier”
the users of this platform designated in § 2 of these Terms and Conditions – hereinafter referred to as “Customer/Customers” – are agreed upon.
§ 1 Scope
For the business relationship between the supplier and the customer, the following General Terms and Conditions apply exclusively in the version valid at the time of the order. Deviating conditions of the customer are not recognised, unless the supplier agrees to their validity expressly in writing.
§ 2 Conclusion of contract
(1) The customer can select products from the assortment of the supplier and gather them in a so-called shopping cart by clicking the button “add to cart”. By clicking on the button “Buy now”, he submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the details at any time.
(2) The supplier then sends the customer an automatic confirmation of receiving the order with the subject “Confirmation of your order at THE DUKE Distillery” by e-mail. In this e-mail the customer’s order is listed again and the customer can print it out by using the function “Print”. The customer’s order (1) represents the offer to conclude a contract with the respective contents of the shopping cart. The confirmation of receiving the order (order confirmation) represents the acceptance of the offer by the supplier. The content of the order is summarised in this confirmation. 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 order, terms and conditions and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout). The text of the contract will be stored in compliance with the privacy protection policy.
(3) The contract is concluded in the languages: German/English.
§ 3 Delivery, availability of goods, terms of payment
(1) Delivery times stated by us are calculated from the date of our order confirmation (§ 3 (2) of these General Terms and Conditions), prior payment of the purchase price required.
(2) If the product specified by the customer in the order is only temporarily unavailable, the supplier will also inform the customer immediately. In case of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In doing so, he will immediately refund any payments already made by the customer.
(3) The following delivery restrictions apply: The supplier 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 pay by PayPal or credit card.
(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline.
§ 4 Reservation of ownership
Until full payment of the purchase price, the delivered goods remain the property of the supplier.
§ 5 Prices, shipping costs and delivery information
(1) All prices that are indicated on the website of the supplier are inclusive of the respective valid legal sales tax.
(2) The applicable shipping costs are specified to the customer in the order form and are to be covered by the customer, unless the customer exercises a possible right of withdrawal.
(3) In case of a revocation the customer has to bear the direct costs of the return shipment.
(4) Shipment 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 deposit bottles ordered via our online shop to the supplier. The supplier then transfers 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) Claims of the customer for compensation are excluded. Excluded from this are claims for compensation by the customer from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty by the supplier, his legal representatives or vicarious agents. Cardinal contractual obligations are those the fulfilment of which is necessary to achieve the objective of the contract.
(2) In the event of a breach of fundamental contractual obligations, the supplier shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer’s claims for damages are based on injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the supplier if claims are made directly against them.
(4) The regulations of the product liability law remain unaffected.
§ 8 Information on data processing
(1) The supplier collects data of the customer in the context of the processing of contracts. He observes in particular the regulations of the EU data protection basic regulation (DSGVO). Without the customer’s consent, the supplier will only collect, process or use the customer’s existing and user data to the extent that this is necessary for the execution of the contractual relationship. The legal preservation periods are followed and applied.
(2) Without the consent of the customer, the supplier will not use the customer’s data for advertising, market or market research purposes.
§ 9 Final clauses
(1) On contracts between the supplier and the customers the right of the Federal Republic of Germany under exclusion of the UN-purchase right as well as the international private law applies.
(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 supplier is the registered address of the supplier.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the legal regulations, if any, shall apply. If this would represent an unacceptable hardship for one of the contracting parties, the contract as a whole shall become ineffective.
§ 10 Age limit for the sale of alcohol
(1) The purchase of alcoholic beverages is only permitted to people over the age of 18. With an order in our shop you confirm that you are 18 years old or older.
(2) The shipping service provider may only deliver the alcohol order you have placed if a person of legal age can be proven to be able to accept the order. (Age visual inspection 18+).
Alternative dispute resolution under Art. 14 (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.