1. Scope of Application
2. Conclusion of Contract
3. Right of Revocation
4. Prices and Payment Conditions
5. Terms of Delivery and Shipping
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Redemption of Promotional Vouchers
10. Redemption of Gift Vouchers
11. Applicable Law
12. Place of Jurisdiction
13. Alternative Dispute Resolution

1) Scope of Application
 

1.1 These General Terms and Conditions (hereinafter ‘GTC’) of Whisky Arena UG (limited liability) & Co. KG (hereinafter ‘Seller’), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter ‘Customer’) concludes with the seller with regard to the goods displayed by the seller in his online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
 

1.2 These Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
 

1.4 An entrepreneur in the sense of these terms and conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
 

2.2 The customer can submit the offer via the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by email, by online contact form, by post or by telephone.
 

2.3 The seller can accept the customer's offer within five days by

• sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the date of receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the date of receipt of the goods by the customer is decisive, or
   
• by requesting payment from the customer after the order has been placed.

If several of the above alternatives apply, the contract shall be concluded at the point in time at which one of the above alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
 

2.4 If you choose a payment method offered by PayPal, payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as ‘PayPal’), subject to the PayPal terms of use, which can be viewed at or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at . If the customer pays by means of a payment method offered by PayPal that can be selected during the online ordering process, the seller declares acceptance of the customer's offer at the point in time at which the customer clicks the button that concludes the ordering process.
 

2.5 When an offer is made using the seller's online order form, the text of the contract is stored by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer has sent his order. The seller does not make the contract text available in any other way. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed by the customer via his password-protected user account free of charge by entering the corresponding login data.
 

2.6 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser's magnification function, which is used to enlarge the display on the screen. During the electronic order process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks the button that concludes the order process.

2.7 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.8 As a rule, the order is processed and contact is made by email and automated order processing. The customer must ensure that the e-mail address provided by him for the order process is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
 

2.9 When ordering alcoholic beverages, the customer confirms that they are of the legally required minimum age by sending the order. The seller uses an age verification system to ensure that the customer is of the legally required minimum age. The goods will therefore only be handed over if the customer's age has been successfully verified and they have been authenticated.

3) Right of withdrawal
 

3.1 Consumers are generally entitled to a right of cancellation.

3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory sales tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
 

4.2 The customer is informed of the payment option(s) in the seller's online shop.

4.3 If the ‘IMMEDIATELY’ payment method is selected, the payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter ‘IMMEDIATELY’). In order to pay the invoice amount via ‘SOFORT’, the customer must have an online banking account that is activated for participation in ‘SOFORT’, must identify themselves accordingly during the payment process and must confirm the payment instruction to ‘SOFORT’. The payment transaction is carried out immediately afterwards by ‘SOFORT’ and the customer's bank account is debited. The customer can find more information about the ‘SOFORT’ payment method online at .

4.4 If a payment method offered via the ‘mollie’ payment service is selected, the payment will be processed by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: ‘mollie’). The individual payment methods offered by mollie are communicated to the customer in the seller's online shop. To process payments, mollie may use additional payment services that may be subject to special payment terms, which the customer may be notified of separately. Further information about ‘mollie’ is available on the Internet at .

5) Delivery and shipping terms
 

5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. When the transaction is processed, the delivery address specified in the seller's order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.
 

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs of the initial shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the regulation set out in the seller's cancellation policy shall apply to the costs of returning the goods.
 

5.3 If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the goods to the carrier, freight forwarder or other person or organisation designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle only pass to the customer or a person authorised to receive the goods when the goods are handed over. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment has commissioned the freight forwarder, the carrier or any other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
 

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller. This only applies in the event that the seller is not responsible for the non-delivery and the seller has taken due care to conclude a specific hedging transaction with the supplier. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 If the seller offers the goods for collection, the customer can pick up the ordered goods within the business hours specified by the seller at the address provided by the seller. In this case, no shipping costs will be charged.

5.6 Vouchers are provided to the customer as follows:

- by email
 

6) Retention of title

If the seller provides advance performance, he reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (guarantee)

Unless otherwise provided for in the following provisions, the provisions of the statutory liability for defects shall apply. Deviating from this, the following shall apply to contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur,
 

• the seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for defects is one year from delivery of the goods;
• for used goods, rights and claims due to defects are excluded;
• the limitation period does not start again if a replacement delivery is made under the warranty for defects.
   

7.2 If the customer is acting as a consumer, the following shall apply to contracts for the delivery of used goods, with the restriction of the following clause: The limitation period for claims for defects is one year from delivery of the goods, if this has been expressly and separately contractually agreed between the parties and the customer has been specifically informed of the reduction of the limitation period before making his contractual declaration.
 

7.3 The above limitations of liability and reductions in time limits shall not apply

• to claims for damages and reimbursement of expenses by the customer,
• in the event that the seller has fraudulently concealed the defect,
• to goods that have been used for a building in accordance with their usual purpose and have caused the defectiveness of the building,
   
• for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
   

7.4 Furthermore, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected for entrepreneurs.

7.5 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), the commercial duty to inspect and give notice of defects applies in accordance with § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations set out therein, the goods shall be deemed to have been approved.
 

7.6 If the customer is acting as a consumer, he is asked to complain to the delivery agent about goods delivered with obvious transport damage and to inform the seller of this. If the customer fails to do so, this will not affect his statutory or contractual claims for defects.

8) Liability
 The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1 The seller is liable without limitation for any legal reason

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, limb or health,
   
• due to a guarantee promise, unless otherwise regulated,
• due to mandatory liability, such as under the Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the preceding clause. Material contractual obligations are obligations that the contract imposes on the seller in order to achieve the purpose of the contract, the fulfilment of which is essential to the proper performance of the contract and on the observance of which the customer may regularly rely.

8.3 In all other respects, the seller's liability is excluded.

8.4 The above liability provisions also apply with regard to the seller's liability for his agents and legal representatives.
 

9) Redemption of promotional vouchers

9.1 Vouchers issued free of charge by the seller as part of a promotional campaign with a specific period of validity and which cannot be purchased by the customer (hereinafter referred to as ‘promotional vouchers’) can only be redeemed in the seller's online shop and only within the specified period.
 

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher promotion if the content of the promotional voucher indicates a corresponding restriction.

9.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.5 Only one promotional voucher can be redeemed per order.
 

9.6 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

9.7 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

9.8 The credit balance of a promotional voucher will neither be paid out in cash nor will interest be paid on it.
 

9.9 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of cancellation.

9.10 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
 

10) Redemption of gift vouchers

10.1 Vouchers that can be purchased through the seller's online store (hereinafter ‘gift vouchers’) can only be redeemed in the seller's online store, unless otherwise stated in the voucher.
 

10.2 Gift vouchers and the remaining balance of gift vouchers can be redeemed up to the end of the third year following the year of purchase. Remaining credit will be credited to the customer up to the expiry date.

10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
 

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

10.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
 

10.7 The balance of a gift voucher will not be paid out in cash and does not bear interest.

10.8 The gift voucher is intended only for use by the person named on it. Transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.

11) Applicable law
 

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

12) Place of jurisdiction
 

If the customer is a merchant, a legal entity under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the seller is entitled in any case to appeal to the court at the customer's place of business.
 

13) Alternative dispute resolution

13.1 The European Commission provides a platform for online dispute resolution, which can be accessed via the following link:

This platform is designed to be a point of contact for out-of-court resolutions of disputes arising from online sales or service contracts in which a consumer is involved.
 

13.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Copyright notice: These terms and conditions were created by the specialist lawyers of the IT law firm and are protected by copyright (https://www.it-recht-kanzlei.de)

As of: 27/09/2024, 19:10:31