General terms and conditions of business and consumer information
§ 1 Basic provisions
(1) The following terms and conditions of business apply to all contracts concluded between Burgunderhof digestif’s GmbH, Am Sonnenbuehl 70, 88709 Hagnau, Germany – hereinafter referred to as the supplier – and the customer via the supplier’s online shop. Unless agreed otherwise, the customer’s own terms and conditions shall not apply.
(2) Within the meaning of the following provisions, a consumer is any natural person who concludes a legal transaction that can neither be attributed to their commercial nor their independent professional activities. A businessperson is any natural or legal person or legal partnership acting in an independent professional or commercial capacity when concluding a legal transaction.
(3) The contractual language is German. The contractual text is stored by the supplier and can no longer be accessed by the customer once the order has been submitted. Before submitting the order, the customer can print out the contractual text using the browser’s print function, electronically save a copy or request one from the supplier.
Irrespective of this, the order details and the general terms and conditions of business will be sent to the customer by email.
§ 2 Subject of the contract
The subject of the contract is the sale of goods. The details, particularly the essential features of the goods can be found in the item description and additional information on the supplier’s website.
§ 3 Conclusion of the contract
(1) The products presented by the supplier online do not constitute a legally binding offer to conclude a contract, but merely an invitation to place an order (customer offer).
(2) The customer can submit their offer to purchase goods by telephone, email or fax or in writing via the online ordering system.
When purchasing goods via the online order form, the goods intended for purchase are placed in the ‘basket’. The customer can view the ‘basket’ via the corresponding button in the navigation bar and make changes at any time. After viewing the ‘checkout’ page and entering personal information and payment and shipping details, all order details will be displayed one final time on the order overview page.
The customer has the option to review all of the details once again before submitting the order. They can also change the order (also by using the Internet browser’s ‘back’ function) or terminate the order process. By clicking on the corresponding order button, the customer is submitting a binding offer to the supplier.
The customer will initially receive an automated email stating that the order has been received, although this does not yet constitute the conclusion of a contract.
(3) Acceptance of the offer (and thus the conclusion of the contract) will always be confirmed either in text form (e.g. by email) – in which the customer will be given confirmation of processing of the order or the intention to deliver the goods – or by dispatching the goods.
If the customer has received no order confirmation or delivery information or has not received the goods within five days, they are no longer bound to their order. Any payments already made will be immediately refunded in such cases.
(4) Upon request, the supplier will draw up an individual offer for the customer, which will be sent to the customer in text form. The supplier will be bound by the terms of the offer for a period of seven days. The customer will accept the offer by providing confirmation in text form.
(5) The processing of the order and the sending of all information required in connection with the conclusion of the contract will be done via email in a partially automated manner. Accordingly, the customer must ensure that the email address sent to the supplier is correct. The customer must further ensure that they are technically able to receive emails and especially check that emails are not blocked by a spam filter.
§ 4 Prices, shipping costs
(1) The prices stated for the various goods on offer and the shipping costs are the final prices. They comprise all price components, including all taxes.
(2) The shipping costs are not included in the sale price. These can be viewed on the ‘Payment and shipping’ page. They are shown separately in the course of the ordering process and must be paid by the customer in addition to the cost of the goods, unless free delivery has been assured.
(3) The customer will receive an invoice stating the amount of VAT that has been paid on the order.
§ 5 Terms and conditions of payment and shipping
(1) You can find the terms and conditions of payment and shipping by clicking on the button of the same name in the navigation bar.
(2) Unless otherwise stated for the individual payment methods, payment is due immediately for goods purchased as part of a concluded contract.
(3) If, contrary to expectations, a product ordered by the customer is not available for reasons beyond the control of the supplier, despite arranging sufficient cover in a timely manner, the customer will be immediately informed and any payments already made will be refunded without delay if the supplier has to withdraw from the contract.
(4) There are legal measures in place for the customer regulating for the fact that the risk of accidental destruction and accidental impairment of the sold goods during shipment transfers to the customer only once the goods have been delivered, irrespective of whether the consignment is insured or not.
If the customer is a businessperson, goods are shipped at their own risk.
§ 6 Return costs when exercising the right to cancel
In the event that the customer exercises their right to cancel the order in connection with distance contracts, it is agreed that the customer shall bear the regular return costs, as long as the returned item’s value does not exceed 40 euros or, in the case of goods valued above 40 euros, if the customer has not yet paid the full amount or a contractually agreed partial payment at the time of cancellation, unless the goods delivered do not correspond to the goods ordered. In all other cases, the supplier shall bear the return costs.
§ 7 Offsetting and the right of retention
(1) The customer may only exercise a right of retention if it relates to claims from the same contractual relationship.
(2) The goods remain the property of the supplier until the full purchase price has been paid.
(3) If the customer is a businessperson, the following shall apply:
a) The supplier retains ownership of the goods until all payments due from the ongoing business relationship have been made in full. Goods subject to reserved right of ownership may not be pledged nor may the ownership of such goods be transferred to any other party before ownership of the goods has been transferred from the supplier to the customer.
b) The customer may sell on the goods in the normal course of business. In such cases, they hereby assign all claims to the invoice amount arising from the further sale to the supplier accepting the assignment. Furthermore, the customer is authorised to collect the claims. If the customer does not duly meet the payment obligations, however, the supplier reserves the right to collect the claims.
c) In cases where the retained goods are combined and mixed with other goods, the supplier will acquire co-ownership of the new item equivalent to the invoice value of the retained goods in proportion to the other processed objects at the time of processing.
i) The supplier undertakes to release the securities to which he is entitled at the customer’s request if the realisable value of the supplier’s securities exceeds the payment to be secured by more than 10%. The decision rests with the supplier in respect of which securities to release.
§ 8 Warranty
(1) Statutory regulations apply.
(2) As a consumer, the customer is requested to immediately check that the goods are complete and inspect them for any obvious defects or signs of transport-related damage and notify the supplier and carrier as soon as possible. If the customer does not comply with this request, this will have no bearing on any entitlement to assert statutory warranty claims.
(3) If the customer is a businessperson, the following applies in deviation from Paragraph 1:
a) Only the supplier’s own information and the manufacturer’s product description shall be deemed as understood with regard to the condition of the goods as opposed to any other advertising, public promotion or statements made by the manufacturer.
b) The customer is obliged to exercise due diligence and immediately inspect the goods for discrepancies in terms of quality and quantity and notify the supplier in writing of any obvious defects within seven days of receipt of the goods. Any such notification only needs to be sent within the permissible time in order to comply with this deadline. This deadline also applies to hidden defects determined at a later date from the time of their discovery. No warranty claims may be asserted if the duty to inspect the goods and give notice of any defects is breached.
c) In the event of any defects, the supplier undertakes to rectify them or deliver a replacement. If two attempts to rectify the defect fail, the customer may choose to either request a reduction or withdraw from the contract. If a defect is rectified, the supplier shall not bear the higher costs arising from the shipment of goods to a location other than the place of fulfilment, insofar as the shipment does not correspond to the intended use of the goods.
d) The warranty period is one year from the delivery date of the goods. The shortened warranty period shall not apply to any culpably caused damages attributable to the supplier arising from loss of life or injury to body or health and any damages arising from gross negligence or malicious intent or deceit on the part of the supplier, nor shall it apply to any recourse action taken in accordance with Sections 478 and 479 of the German Civil Code (Bürgerliches Gesetzbuch, BGB).
§ 9 Liability
(1) The supplier shall be unconditionally liable for any damages arising from loss of life or injury to body or health in all cases of malicious intent and gross negligence, fraudulent concealment of a defect, provision of a guarantee relating to the condition of the purchased item, damages covered by the German Product Liability Act (Produkthaftungsgesetz) and all other cases governed by law.
(2) If fundamental contractual obligations are affected, the supplier’s liability shall be limited to foreseeable damages typical of the contract in cases of minor negligence. Fundamental contractual obligations are fundamental obligations arising from the nature of the contract, whose infringement would jeopardise achievement of the purpose of the contract as well as obligations imposed on the supplier by the contents of the contract in order to achieve the purpose of the contract, the fulfilment of which makes the due execution of the contract possible and compliance with which the customer may regularly rely upon.
(3) No liability is assumed for slight negligence if minor contractual obligations are breached.
(4) Based on the current state of technology, no guarantee can be provided that data communication over the Internet is either free of errors and/or permanently available. Accordingly, the supplier assumes no liability for ensuring the constant, uninterrupted availability of the website and the services provided on it.
§ 10 Choice of law, place of performance, place of jurisdiction
(1) German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. As far as consumers are concerned, this choice of law applies only to the extent that the protection granted by the mandatory legal provisions in the consumer’s usual country of residence is not revoked (favourability principle).
(2) The place of performance for all obligations arising from the business relationship with the supplier and place of jurisdiction is the registered office of the supplier, unless the customer is not a consumer, but instead a merchant, legal entity under public law or special fund under public law. The same applies if the customer has no general jurisdiction in Germany or the EU or the domicile or usual place of residence at the time of action is unknown. However, the authority to appeal to a court in a different place of jurisdiction shall remain unaffected.
§ 11 Protection of young persons
(1) When selling goods subject to the regulations of the German Protection of Young Persons Act (Jugendschutzgesetz), the supplier will only enter into contractual relationships with customers of legal age.
(2) By submitting an order, the customer provides an assurance that they are at least 18 years of age and that all information relating to the supplied name and address is correct. The customer undertakes to ensure that delivery of the goods is either taken by themselves or by another authorised person of legal age. The supplier will instruct the appointed logistics provider to hand over the consignment only to persons of legal age and to demand identification from the person taking delivery to prove their age in case of doubt.
(3) If any underage persons order goods, the supplier hereby cancels the contract as a precautionary measure in accordance with Section 109 of the German Civil Code. In accordance with statutory regulations, the custodians or authorised representatives of the underage persons who order goods by providing false information shall be liable for all damages arising from goods being ordered on the basis of false information.
THE CONSUMER’S RIGHT TO CANCEL
(A consumer is any natural person who concludes a legal transaction that can neither be attributed to their commercial nor their independent professional activities.)
The right to cancel
You may cancel your contractual declaration in writing (e.g. by letter, fax or email) within 14 days without stating any reasons or – if the goods have been delivered before the period expires – by returning the goods. The period shall begin on receipt of this information in text form, although not before the recipient has received the goods (in the case of repeated deliveries of similar goods, not before receipt of the first partial consignment) and also not before fulfilment of our information obligations under Article 246 Section 2 in conjunction with Section 1 Paragraphs 1 and 2 of the Introductory Act to the German Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuche, EGBGB) and our obligations under Section 312g Paragraph 1 Sentence 1 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) in conjunction with Article 246 Section 3 of the Introductory Act to the German Civil Code (EGBGB). Any such cancellation notification only needs to be sent within the permissible time in order to comply with the cancellation deadline. The cancellation should be sent to: Burgunderhof digestif’s GmbH, Am Sonnenbühl 70, 88709 Hagnau, Germany. You may use the sample cancellation form for this purpose, although this is not mandatory. You can download it from here.
At this juncture, we also refer you to the European Commission’s Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/
The consequences of cancellation
In the event of effective cancellation, mutually received benefits must be returned; any benefits already derived (e.g. interest) must also be returned. If you are unable to return the benefits (e.g. use and enjoyment) or are only able to do so in part, or are only able to return them in impaired condition, you must compensate us in this respect. You must only compensate us for impaired goods if the signs of use or impairment are due to handling of the goods that goes beyond examining the features and functionality. ‘Examining the features and functionality’ is understood to mean testing and trying out the goods in the same way as is possible and customary in a shop, for example. Items that can be sent by parcel post are returned at our own risk. You must meet the regular cost of return postage if the goods delivered are as ordered and if the value of the goods to be returned is less than €40.00 or, in the case of a higher price, you have not yet paid for the goods in full or made a contractually agreed partial payment at the time of cancellation. Return postage is otherwise free of charge. Goods that cannot be sent by parcel post will be collected from you. Obligations to reimburse payments must be met within 30 days. The period begins for you when you submit your cancellation declaration or the return the goods; for us it begins when the goods are received.
Exclusion of the right to cancel
The right to cancel shall not apply to contracts regulating the delivery of goods that are manufactured to customer specifications or have clearly been tailored to personal needs. Furthermore, it shall not apply to goods that are unsuitable for a return shipment due to the nature of the goods or the fact that they are easily perishable or would be past their expiry date, nor shall it apply to audio or video recordings or software in cases where you have broken the seal of the data media. Finally, the right to cancel shall not apply to the delivery of newspapers, journals and magazines (unless you have submitted your contractual statement for the delivery of newspapers, journals and magazines over the telephone).
End of the cancellation policy
If possible, please do not return any goods to us without paying the postage. We will be happy to reimburse you for the shipping costs in advance if we are liable for these costs.
Please avoid damaging or soiling the goods. If possible, please return the goods to us in their original packaging, including all accessories and all packaging material. If you no longer have the original packaging, please ensure that the goods are suitably packaged in order to avoid any damage during transport.
The above-mentioned arrangements are not a requirement for the effective exercising of the right to cancel.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.