§ 1 Provider and scope of application
1.1 These General Terms and Conditions (GTC) apply to all orders placed in the online store of the
St. Kilian Distillers GmbH (supplier)
Managing Directors: Andreas Thümmler, Philipp Trützler
Hauptstr. 1-5 - 63924 Rüdenau
Phone: +49 9371 40712-0 - Fax: +49 9371 40712-99
E-mail: email@example.com - Web: www.lichtschreiber.de
1.2 All offers, deliveries and other services of the Provider shall be made exclusively on the basis of these General Terms and Conditions. The customer's own terms and conditions shall not be taken into account and are hereby contradicted.
1.3 Customers within the meaning of these GTC are consumers and entrepreneurs. A consumer is any natural person who enters into a legal transaction that can be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who concludes a legal transaction for the purpose of exercising his independent professional or commercial activity.
§ 2 Conclusion of contract
By clicking the order button "Order now with costs", the customer makes a binding offer to the provider to purchase the goods in the shopping cart. The contract is concluded by a confirmation e-mail from the provider after sending the order. This confirmation e-mail is sent to the customer immediately after the order has been placed.
§ 3 Prices
The prices stated on the product pages include the statutory sales tax and other price components and do not include shipping costs.
§ 4 Delivery conditions
4.1 Delivery is made only within Germany with DHL.
4.2 Unless otherwise stated in the offer, the delivery time is 2 - 4 days.
4.3 If not all ordered products are in stock, we are entitled to make partial deliveries at our expense, provided this is reasonable for you.
4.4 If the delivery of the goods fails through your fault despite three delivery attempts, we may withdraw from the contract. Any payments made will be refunded to you immediately.
§ 5 Shipping costs
The provider ships only within Germany to the address provided by the customer. For delivery within Germany, the provider charges a flat rate of EUR 5.90 per order. From an order value of EUR 50, - the provider delivers within Germany free of shipping costs.
§ 6 Terms of payment
6.1 Payment shall be made either in advance or by credit card or Paypal or by cash payment upon collection by the customer.
6.2 If you choose payment in advance, we will provide you with our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days.
6.3 In case of payment by credit card, the account will be debited upon acceptance of the order.
6.4 If the payment method Paypal is selected, the customer pays the invoice amount via the online provider Paypal. The customer must be registered there in principle or register first, with the access data he legitimizes himself and confirms the payment instruction to the provider (exception if necessary guest access). The customer receives further instructions during the ordering process.
6.5 Payment by invoice. In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer purchase on account as a payment option. The payment period is 14 days from the date of dispatch of the goods/ticket/ or, in the case of other services, the provision of the service. The payment is made to Klarna. Please note that invoice is only available for consumers and that the use of this payment method requires a positive credit check. You can find the complete terms and conditions for purchase on account here.
6.6 If the Customer is in default of payment, interest shall be charged on the purchase price at a rate of 5% above the base interest rate during the period of default. The Provider reserves the right to prove and assert higher damages caused by default.
§ 7 Retention of title
The goods remain the property of the supplier until full payment of the purchase price.
§ 8 Right of withdrawal
8.1 Consumers have a fourteen-day right of withdrawal. You have the right to revoke this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.
To exercise your right of withdrawal, you must send us
St. Kilian Distillers GmbH
Hauptstr. 1-5 - 63924 Rüdenau
Phone: +49 9371 40712-0 - Fax: +49 9371 40712-99
by means of a clear statement (eg a letter sent by mail or e-mail) about your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, but it is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
8.2 Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of 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 must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You will 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 testing the condition, properties and functioning of the goods.
8.3 Only consumers are entitled to the right of withdrawal.
8.4 The right of withdrawal does not apply to:
8.4.1. contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
8.4.2. contracts for 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,
8.4.3. contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature,
8.5 Sample cancellation form at the end of these GTC.
§ 9 Warranty
The customer's warranty claims shall be governed by the statutory provisions of the German Civil Code (§§ 433 et seq. BGB).
§ 10 Customer account / access data
Insofar as the customer orders whisky, spirits or other goods that may only be given to persons of full age, the customer assures that he will not pass on the ordered goods to children or adolescents under the age of 18. Insofar as the customer receives access data for a customer account with the provider, he will store the access data for the customer account in such a way that misuse by children or adolescents under the age of 18 is excluded.
§ 11 Alternative Dispute Resolution
The provider is not willing to participate in dispute resolution proceedings before a consumer arbitration board.
§ 12 Contractual language / Applicable law
12.1 The contract language is German. Even if the text of the contract should be translated into another language, the German text of the contract shall remain binding.
12.2 All legal relations between the Customer and the Supplier shall be governed by German law in addition to these provisions, to the exclusion of the provisions of the Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980.
§ 13 Protection of minors
13.1 The offers of the Seller are directed exclusively to adult customers, contract conclusions with minors are therefore excluded.
13.2 By sending his order, the customer assures that he has reached the legally required minimum age and that his information (name, age, address) is correct. The delivery and handing over of the goods shall only be made to persons of legal age. The customer is therefore obliged to ensure that only he himself or such persons authorized by him to receive the delivery, who have reached the legally prescribed minimum age, receive the goods.
13.3 The conclusion of the contract is also conditional upon proof of the customer's age of majority. This is done by a) checking the age during the ordering process and b) upon delivery of the goods. The customer or the person authorized to receive the goods is obliged to prove his identity by showing his identity card or another suitable identification document when accepting the delivery of goods. If age verification is not possible, the package will be stored for seven (7) days at a nearby post office and can be picked up upon presentation of the ID. Alternatively, the package will be deposited at a Packstation if this is indicated when the order is placed. If the goods are dropped off at a Packstation, it is assumed that the recipient has reached the legal minimum age. If a delivery fails due to an identification omitted by the customer, the seller reserves the right to demand the additional costs for the return shipment, regardless of any claims beyond this.
13.4 If the Seller receives positive knowledge of an order that was initiated by providing false data (in particular name and age), the Seller reserves the right to initiate criminal proceedings in addition to revocation in accordance with § 111 BGB.