GENERAL TERMS AND CONDITIONS (ONLINE SHOP)
§ 1 Scope and provider
(1) These general terms and conditions apply to all orders placed in the online shop of the
Zahlersberg Distillers Bavaria
83703 Gmund am Tegernsee, Germany
(2) The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18. §9 Youth Protection Act, §2 BGB
(3) Our deliveries, services and offers are made exclusively on the basis of these general terms and conditions. The general terms and conditions apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of a customer's general terms and conditions that contradict our general terms and conditions is already contradicted.
(4) The contract language is exclusively German.
(5) You can view the currently valid general terms and conditions on the
Call up the website www.zahlersberg-distillers.de and print it out.
§ 2 Conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking on the button "Order now with payment" / "Buy"] you submit a binding purchase offer (§ 145 BGB). Immediately before placing this order, you can check the order again and correct it if necessary.
(3) After receipt of the purchase offer you will receive an automatically generated email with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not yet constitute acceptance of your purchase offer. A contract does not yet come into being through the confirmation of receipt.
(4) A purchase contract for the goods only comes into existence if we expressly declare acceptance of the purchase offer (order confirmation) or if we send the goods to you - without prior express declaration of acceptance. Exception: with payment in advance and PayPal, the order is accepted immediately with your order.
(5) Orders are only possible in normal household quantities.
§ 3 Prices
The prices stated on the product pages include VAT and other price components and are exclusive of the respective shipping costs and, where indicated, plus a deposit.
§ 4 Terms of payment; Delay
(1) Payment can be made by:
Invoice in advance, cash on delivery, credit card, PayPal or direct debit.
(2) It is our responsibility to select the payment methods available. In particular, we reserve the right to offer you only selected payment methods for payment, for example, only to secure our credit risk in advance.
(3) If you choose the payment method prepayment, we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation.
(4) If payment is made by cash on delivery, an additional fee of 5 EUR is due, which the deliverer charges on site. There are no further costs and taxes.
(5) When paying by credit card, the purchase price is reserved on your credit card at the time of the order (authorization). Your credit card account is actually debited when we send the goods to you.
(6) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You'll get more information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.
(7) When paying by direct debit, you may have to bear the costs that arise as a result of a chargeback of a payment transaction due to insufficient funds or due to incorrectly transmitted bank details.
(8) If you are in arrears with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. You will be charged a reminder fee of EUR 2.50 for each reminder letter that is sent to you after the default occurs, unless lower or higher damage is proven in individual cases.
§ 5 Offsetting / Right of retention
(1) You only have the right to offset if your counterclaim has been legally established, is not disputed or recognized by us, or is closely synallagmatically related to our claim.
(2) Likewise, you can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery
(1) Unless otherwise agreed, the goods are delivered from our warehouse to the address you specified.
(2) Deliveries are only possible within Germany. Deliveries to Europe or worldwide are possible plus the respective shipping costs.
(3) If not all ordered products are in stock, we are entitled to make partial deliveries, as far as this is reasonable for you. Any deadlines only begin with the receipt of the last partial delivery.
(4) If the delivery of perishable goods is the subject of this contract, the following applies: The customer ensures the acceptance of perishable goods on the agreed delivery date by taking suitable precautions, e.g. by accepting the goods himself, by instructing a person to accept them at the specified delivery address or by informing the seller of the name and address of a neighbor who is ready to accept them and who is authorized to do so.
(5) The delivery of ordered goods is subject to the availability of the goods. If this is not available at the time of ordering, the customer will receive a notification of the expected delivery date and the order will be noted by us. As soon as the goods are in stock, they are sent to the customer without any further notification to the customer. In the event of unavailability, in particular because a limited stock of goods marked as such is exhausted (e.g. limited editions), we will inform the customer. Payments already made will then be refunded immediately.
(6) When delivering spirits that are subject to statutory sales restrictions, the goods will only be handed over to recipients who meet the legal requirements and only after presentation of the identity card.
(7) In exceptional cases, we are not obliged to deliver the ordered goods if we have ordered the goods properly on our part, but were not delivered correctly or on time (congruent cover transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and have informed you immediately of this fact. In addition, we must not have assumed the risk of procuring the goods ordered. If the goods are not available, we will immediately reimburse you for payments already made. We do not assume the risk of having to procure an ordered product (procurement risk). This also applies to the ordering of goods that 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 we have ordered from our suppliers.
§ 7 Retention of title
(1) The goods remain our property until the purchase price has been paid in full.
(2) If you are an entrepreneur within the meaning of § 14 BGB, the following also applies:
- We reserve ownership of the goods until all claims from the current business relationship have been fully settled. Pledging or transfer by way of security is not permitted before the transfer of ownership of the reserved goods.
- You may resell the goods in the ordinary course of business. In this case, you now assign to us all claims in the amount of the invoice amount that accrue from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not meet your payment obligations properly, we reserve the right to collect claims ourselves.
- When combining and mixing the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed objects at the time of processing.
- We committed to release the securities to which we are entitled on request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%. It is our responsibility to select the collateral to be released.
§ 8 Cancellation policy
In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. make a purchase for purposes that are predominantly neither your commercial nor your independent professional activity, you have a right of withdrawal in accordance with the following provisions.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must contact us
Zahlersberg Distillers Bavaria
83703 Gmund am Tegernsee, Germany
Tel +49 8022 70 60 960
inform you of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You can use the attached sample cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication regarding your right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we have made all payments we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You have to return or hand over the goods to us or to, or in any event within 14 days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, properties and functionality of the goods.
Model withdrawal form
If you want to cancel the contract, please fill out this form and send it back.
I / we (*) hereby cancel the contract concluded by me / us (*) for the purchase of the following goods (*):
Ordered on (*) / received on (*)
Name of the consumer (s):
Address of the consumer (s):
Signature of the consumer (s)
(only for notification on paper)
(*) Delete where inapplicable.
End of revocation
(1) The right of withdrawal does not exist
- for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer,
- When delivering goods that can spoil quickly or whose expiration date would quickly be exceeded,
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery,
- for the delivery of goods if, due to their nature, they have been inseparably mixed with other goods after delivery, or
- for the delivery of alcoholic beverages, the price of which was agreed when the contract was concluded, but which can be delivered at the earliest 30 days after the contract was concluded and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.
(2) Please avoid damage and contamination. If possible, send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage in order to avoid claims for damages due to damage due to defective packaging.
(3) Bitte rufen Sie vor Rücksendung unter der 08022 70 60 960 bei uns an, um die Rücksendung anzukündigen. Auf diese Weise ermöglichen Sie uns eine schnellstmögliche Zuordnung der Produkte.
(4) Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.
§ 9 Transport damage
(1) If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and please 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
(1) Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the law on sales (§§ 433 ff. BGB).
(2) If you are an entrepreneur within the meaning of § 14 BGB, the legal provisions apply with the following modifications:
- For the quality of the goods, only our own information and the manufacturer's product description are binding, but not public promotions and statements and other advertising by the manufacturer.
- You are obliged to examine the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects ascertained later on from discovery. In the event of violation of the obligation to inspect and give notice of defects, the assertion of warranty claims is excluded.
- In the event of defects, we provide a guarantee of our choice through rectification or replacement (supplementary performance). In the event of rectification, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
- If the subsequent performance fails twice, you can request a reduction or withdraw from the contract.
- The warranty period is one year from date of delivery.
§ 11 Liability
(1) Unlimited liability: We have unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act. We are liable for slight negligence in the event of damage to life, limb or human health.
(2) In addition, the following limited liability applies: In the event of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you can regularly rely (cardinal obligation). The amount of liability for slight negligence is limited to the damage that was foreseeable when the contract was concluded
Origin typically has to be expected. Limitation of liability also applies to our vicarious agents.
§ 12 Alternative dispute resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with your online order without the involvement of a court. The dispute settlement platform can be reached at the external link http://ec.europa.eu/consumers/odr/.
We endeavor to settle any disagreements from our contract by mutual agreement. In addition, we are not obliged to participate in arbitration proceedings and, unfortunately, cannot offer you participation in such proceedings.
§ 13 final provisions
(1) Should one or more provisions of these terms and conditions be or become ineffective, the effectiveness of the other provisions will not be affected.
(2) Only German law is applicable to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Law"). Mandatory provisions of the country in which you usually reside are not affected by the choice of law.
(3) If you are a businessman, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you is our place of business.
As of March 2020