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
Zahlersberg 1
83703 Gmund am Tegernsee, Germany
servus@zahlersberg-distillers.de
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.

To
Company:

Address:

E-Mail:

Fax:

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)

Date
(*) 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