General Terms & Conditions
Your contractual partnerWhisky.de GmbH & Co. KG You can also contact our service team via the above data. |
§ 1 Scope of application
(1) These Terms and Conditions ("terms") apply to all orders you place within the Austrian online shop (https://at.whisky.de/shop) of
Whisky.de GmbH & Co. KG
Am Grundwassersee 4
D-82402 Seeshaupt
Managing directors: Benedikt Lüning, Theresia Lüning
(2) The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.
(3) Our delivery, services and offers are based exclusively on these General Terms and Conditions ("terms"). The terms shall therefore also apply to all future business relations with companies, even if there is no explicit agreement expressed again. The inclusion of a customer's terms which contradict our terms is hereby already objected to.
(4) The contractual language is German exclusively.
(5) You can retrieve and print the currently valid General Terms and Conditions of Business here. There is no further storage of the text of the contract.
§ 2 Consumer, scope of order
(1) Our offer is directed at consumers. Consumers are natural persons for whom the purpose of the order cannot be attributed to a commercial, self-employed or freelance activity.
(2) Please note that the following regulations regarding the return costs and the right of withdrawal only apply to orders from consumers in the aforementioned sense. In particular, the statutory right of withdrawal does not apply to commercial resellers. We reserve the right not to accept orders that exceed one bottle per product or are obviously intended for resale.
§ 3 Contract conclusion
(1) The presentation of goods in the online shop does not represent a binding application for the conclusion of a sales contract. Rather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking the button "Order now" in the last step of the checkout, you submit a legally binding purchase offer (§ 145 BGB). Right before submitting this order, you can review it one last time and correct it if necessary.
(3) After your purchase offer was submitted to us, you will receive an automatically generated email which confirms that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute an acceptance of your purchase offer. A binding contract is not yet concluded by this confirmation of receipt.
(4) A binding purchase contract is only concluded when we explicitly declare acceptance of the purchase offer (order confirmation). A shipment confirmation of the goods is considered as an order confirmation. Your request can only be accepted by us up to the point in time at which you may expect the receipt of the response under regular circumstances (§ 147 para. 2 BGB). Exception: in case of payment in advance or direct payment during checkout (e.g. PayPal, GiroPay), acceptance of the order takes place immediately with receiving your order.
(5) The appearance of the bottles may differ from the photos shown in the shop. The taste descriptions on the website and in the videos are non-binding.
(6) Orders are only possible in household quantities.
§ 4 Prices
The prices stated on the product pages include the statutory VAT and other price components and are exclusive of the respective shipping costs and any cash on delivery charges.
For more information on shipping costs, please visit our website at shipping fees & delivery times.
§ 5 Conditions of payment
(1) We accept following payment methods:
- Payment upon receipt of invoice
- Credit card
- PayPal
- SEPA Direct Debit
- eps bank transfer
- SOFORT bank transfer
- Apple Pay
- G Pay (Google Pay)
- Advance payment
(2) The eventual selection of the available payment methods rests with us. In particular, we reserve the right to offer you only selected payment methods, for example only advance payment, to safeguard our credit risk.
(3) We allow payment upon receipt of your invoice, given a positive result of your credit assessment. You will receive an electronic invoice upon shipment of your products. The processing of the order and its related correspondence is as a general rule conducted via e-mail. Electronic invoices are sent to you by e-mail in PDF format. For this purpose, the customer has to ensure that the provided e-mail address(es) are correct so these e-mails can be successully delivered. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by Whisky.de or by third parties commissioned by Whisky.de in the course of processing the order can be delivered to the address(es) provided. Please settle the invoice immediately and in full. We ask for your understanding if we request a different payment method (e.g. cash in advance or cash on delivery) due to your credit assessment result or internal risk checks.
(4) When paying by credit card, the total amount is reserved on your credit card and collected once your order has been dispatched.
(5) When paying via 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 total amount via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
(6) In the case of payment by direct debit, you may be liable for any costs incurred as a result of a chargeback of a payment transaction due to a lack of funds in your account or due to incorrect bank details provided by you.
(7) When paying by eps transfer or Sofort transfer, you will be redirected to the website of the respective online provider before completing the order process. There you can legitimise yourself via the access data of your online banking at your bank and release the payment directly via the usual legitimation of your online banking (e.g. chiptan or app identification).
(8) If paying via Apple Pay / G Pay, the purchase price will be settled with your Apple Pay or G Pay account upon completion of the order process. In order to be able to use these payment methods, you need a corresponding account with the respective provider and must deposit a means of payment there (e.g. your current Giro or credit card). The use of Apple Pay also requires the use of an Apple device. For further information chceck the websites of the respective provider.
(9) If you choose payment in advance, we will provide you with our bank details in the order confirmation. The total amount is to be transferred to our account within 10 days after receipt of the order confirmation.
(10) If you are in arrears with a payment, you are obliged to pay the statutory default interest of 5 percentage points above the base interest rate. You may be charged a reminder fee of 1 EUR for each reminder sent to you after the arrears occurred, unless lower or higher damages are proven in individual cases.
You can find more information about the payment methods in our webshop at payment methods.
§ 6 Offset, right of retention
(1) You shall only have a right to offset if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship with our claim.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 7 Delivery, title retention
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address provided by you. Delivery will be made within approx. 1-5 working days (Mon. - Fri. with the exception of public holidays in Bavaria) after receipt of order. If it is necessary to reorder goods that are not in stock, the delivery time is 1-2 weeks. If you haven't received your goods within one week, please check with your post office or postal agency. In most cases, the parcel is already waiting for you there. If you have provided us with an e-mail address within the ordering process, you will receive a dispatch notification as soon as the goods have left our premises.
(2) Deliveries are only possible within Austria.
(3) The goods shall remain our property until the purchase price has been paid in full.
(4) The delivery of ordered goods is subject to the availability of the goods. If the goods are not available when placing the order, the customer will receive a notification with the expected delivery date and the order will be reserved by us. As soon as the goods are back in stock, they will be dispatched to the customer without any further notification. If an item cannot be restocked, in particular when stock of goods marked as limited has been exhausted (e.g. certain batches / bottling years), we shall inform the ordering party. Payments already made will then be refunded immediately.
5) The sale of whisky and spirits to minors is prohibited by law. As a new customer, therefore please state your date of birth. In the case of delivery of spirits or other items that are subject to legal sales restrictions, the goods will only be handed over to recipients who meet the legal requirements. We reserve the right to check the age by providing/presenting the identity card or passport when the order is placed and when the goods are handed over by the delivery service.
(6) As an exception, we are not obliged to deliver the ordered goods if we have duly ordered the goods on our part but have not been supplied correctly or on time (congruent covering transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. In the event of corresponding unavailability of the goods, we will immediately reimburse you for any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for goods which 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 ordered by us from our suppliers.
(7) For items marked with an earliest delivery date in the online shop and in the order process (stock note "expected to be available from"), in addition to the above points, it applies in particular that even in the case of a legally valid conclusion of a purchase contract, a delivery obligation exists starting from the delivery date announced in the order only.
§ 8 Right of withdrawal
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HerroepingsrechtU hebt het recht binnen veertien dagen zonder vermelding van redenen deze overeenkomst te herroepen. De herroepingstermijn bedraagt veertien dagen vanaf de dag waarop u of een door u genoemde derde, die niet de vervoerder is, de laatste goederen in ontvangst heeft genomen. Om gebruik te maken van uw herroepingsrecht dient u ons (Whisky.de GmbH & Co. KG, Am Grundwassersee 4, D-82402 Seeshaupt, telefoon: +49 88 01 - 30 20 000, Fax: +49 (0) 88 01 - 26 37, E-mailadres: info@Whisky.de), door middel van een eenduidige verklaring (bijv. een via de post verstuurde brief, een fax of e-mail) over uw besluit, dit contract te herroepen, op de hoogte te stellen. U kunt hiervoor het meegeleverde herroepingsformulier gebruiken, wat echter niet verplicht is. Voor het waarborgen van de herroepingstermijn is het voldoende, dat u de kennisgeving over uw beroep op het herroepingsrecht voor afloop van de herroepingstermijn verstuurt. Gevolgen van de herroeping Als u dit contract herroept, dienen wij u alle betalingen, die wij van u hebben ontvangen, inclusief de leveringskosten (behalve de bijkomende kosten, die daaruit resulteren, dat u voor een andere soort levering als de door ons aangeboden, gunstigste standaardlevering heeft gekozen), zonder verzuim en uiterlijk binnen veertien dagen terug te betalen, gerekend vanaf de dag, waarop de kennisgeving over uw herroeping van dit contract door ons werd ontvangen. Voor deze terugbetaling maken wij gebruik van hetzelfde betaalmiddel, dat u voor de oorspronkelijke transactie hebt gebruikt, tenzij uitdrukkelijk iets anders werd overeengekomen; Wij zullen in geen geval kosten voor deze terugbetaling in rekening brengen. Wij kunnen de terugbetaling weigeren, totdat wij de goederen retour hebben ontvangen of totdat u een bewijs hebt geleverd dat u de goederen hebt geretourneerd, al naargelang wat eerder plaatsvindt. U dient de goederen direct en in ieder geval uiterlijk binnen veertien dagen vanaf de dag waarop u ons over de herroeping van dit contract op de hoogte hebt gesteld, aan ons te retourneren of te overhandigen. De termijn wordt in acht genomen, als u de goederen voor afloop van de termijn van veertien dagen verzendt. De directe kosten voor het retourneren van de goederen zijn voor uw rekening. U hoeft alleen de waardevermindering van de goederen te betalen als deze waardevermindering het gevolg is van een behandeling van de goederen die niet noodzakelijk is voor het testen van de kwaliteit, de kenmerken en de werking van de goederen. |
End Right of withdrawal
(1) The right of withdrawal does not apply to the delivery of
- sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
- goods if they have been inseparably mixed with other goods after delivery due to their nature.
- alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can be delivered 30 days after the conclusion of the contract at the earliest and the current value of which depends on fluctuations on the market on which the entrepreneur has no influence.
(2) Please avoid damage and contamination. If possible, please return the goods to us in the 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 with suitable packaging in order to avoid claims for damages due to insufficient packaging.
(3) Before returning the goods, please call us at +49 (0) 8801 30 20 000 to announce the return. By doing so, you will enable us to allocate the products as quickly as possible.
(4) Please note that the modalities mentioned in the above paragraphs 2 and 3 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 complain about such faults immediately to the delivery company and contact us as soon as possible.
(2) Failure to make a complaint or to 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
The statutory warranty regulations apply.
§ 11 Terms & Conditions Whisky.de Club
(1) To participate in the Whisky.de Club, you place an order for the Club membership including the Club bottle which runs for 12 months once we have accepted your order. Your participation ends automatically if you do not renew it within the 12 months. The Whisky.de Club is no subscription, you do not incur any liabilities or obligations. You pay a EUR 60 participation fee (repeatedly, at each renewal) and are then entitled to the Club services according to the following terms and conditions with the restrictions included. Please note that your Club membership is bound to the customer account with which it was ordered. It is not possible to transfer Club benefits to other customer accounts.
(2) Your Club membership includes the delivery of a bottle of Scotch single malt whisky, chosen by Whisky.de, with a retail value of approximately EUR 50. Whisky.de is entitled to supply a substitute product instead of the bottle specified on the Internet.
(3) During your club participation you will receive a 5% discount on the order value (value of goods incl. VAT without shipping costs, delivery fees, etc.) on every order in the Whisky.de Shop. The only exceptions constitue the monthly special offers, low prices and books. They cannot or may not be discounted. Other goods that are placed in the shopping basket with the application for Club membership are already eligible for discount - a separate order for Club membership is therefore not necessary.
(4) Club renewal: Participation ends automatically if you do not renew it. A Club renewal takes place in the same way as the initial participation. If you already have a Club membership, this will be extended for a further 12 months. A membership renewal is only possible if more than 90 days have passed since the last membership order and the remaining term of your existing membership is less than one year.
(5) Restrictions on participation: Whisky.de is free to accept an application for participation. There is no entitlement to admission to participating in The Whisky Club. Membership is exclusively reserved for consumers. The benefits for participants are only intended for orders for personal use. Collective buyers, legal entities (e.g. limited liability company or a registered association) and natural persons as buyers who apparently order for commercial purposes, in particular resellers, are not admitted to participation. A discount that has been granted does not entitle the holder to renewed discounts.
(6) Premature termination of club membership: If Whisky.de determines that the participation requirements are not met, a requested participation may be refused or a participation that has begun may be terminated prematurely. The participant has the right to terminate participation at any time. Termination shall be effected by a simple notification in text form. Fulfilled orders and granted benefits remain unaffected unless they were fraudulently obtained. A claim to benefits not yet granted does not exist after termination of participation.
§ 12 Alternative dispute resolution
We strive to reach an agreement with the customer at all times. Please use our service contact at info@Whisky.de or our other specified contact options.
The European Commission provides a platform for online dispute resolution (ODR) with further information which can be accessed on the Internet at https://ec.europa.eu/consumers/odr/.
However, we do not participate in a formal dispute resolution procedure before consumer arbitration boards.
§ 13 Final clause
(1) Should one or more provisions of these terms be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory consumer law provisions of the country in which you usually reside remain unaffected by the choice of law (in particular with regard to the conclusion of the contract and warranty law).
Status: 05.12.2022
Copyright notice: The General Terms and Conditions are partly based on a template of Bundesverband E-Commerce und Versandhandel Deutschland e.V. (German E-Commerce and Distance Selling Trade Association), provided by HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13, 10115 Berlin, Tel. +49 (030) 28 30 57 40, Fax +49 (030) 28 30 57 4
