§ 1 Provider and scope of application
1.1. These General Terms and Conditions (GTC) apply to all orders placed in the online store of
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: shop@stkiliandistillers.com – Web: www.lichtschreiber.de
1.2. All offers, deliveries and other services of the supplier are provided 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 concludes a legal transaction that cannot be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that concludes a legal transaction for the purpose of exercising its independent professional or commercial activity.
§ 2 Conclusion of contract
By clicking on the order button “Order now for a fee”, the customer makes a binding offer to the supplier to purchase the goods in the shopping cart. The contract is concluded by a confirmation e-mail from the provider after the order has been sent. This confirmation e-mail is sent to the customer immediately after the order is placed.
§ 3 Prices
The prices stated on the product pages include statutory VAT and other price components and are exclusive of VAT. Shipping costs.
§ 4 Terms of delivery
4.1 Delivery is only made within Germany with DHL.
4.2 Unless otherwise stated in the offer, the delivery time is 2 – 4 days.
4.3 If not all products ordered are in stock, we are entitled to make partial deliveries at our expense, provided this is reasonable for you.
4.4 Should the delivery of the goods fail through your fault despite three delivery attempts, we may withdraw from the contract. Any payments made will be refunded immediately.
§ 5 Shipping costs
The provider only ships within Germany to the address specified by the customer. The supplier charges a flat rate of EUR 5.90 per order for delivery within Germany. From an order value of EUR 50, the supplier delivers free of charge within Germany.
§ 6 Terms of payment
6.1 Payment can be made either in advance or by credit card or Paypal or by cash payment on collection.
6.2 If you select the payment method prepayment, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days.
6.3. If payment is made by credit card, the account will be debited when the order is accepted.
6.4. If the payment method Paypal is selected, the customer pays the invoice amount via the online provider Paypal. The customer must always be registered there or register first, legitimize himself with the access data and confirm the payment instruction to the provider (exception: guest access). The customer receives further information during the ordering process.
6.5. Payment by invoice. In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you purchase on account as a payment option. The payment period is 14 days from 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 full terms and conditions for purchase on account here.
Klarna checks and evaluates your data and exchanges data with other companies and credit agencies if there is a legitimate interest and reason to do so. Your personal data will be treated in accordance with the applicable data protection regulations and in accordance with the information in Klarna’s privacy policy.
6.6 If the customer defaults on payment, interest shall be charged on the purchase price at a rate of 5% above the prime rate for the duration of the default. The provider reserves the right to prove and claim higher damages caused by delay.
§ 7 Retention of title
The goods remain the property of the supplier until the purchase price has been paid in full.
§ 8 Right of withdrawal
8.1 Consumers have a fourteen-day right of withdrawal. You have the right to withdraw from 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, took 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
E-mail: shop@stkiliandistillers.com
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
8.2 Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from 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; under no circumstances will you be charged any fees for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send 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 their condition, properties and functionality.
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 supply 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 withdrawal 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 ff. BGB).
§ 10 Customer account / access data
If the customer orders whisky, spirits or other goods that may only be supplied to persons of legal age, the customer assures that he will not pass on the ordered goods to children or young people under the age of 18. If the customer receives access data for a customer account with the provider, the customer shall store the access data for the customer account in such a way that misuse by children or young people under the age of 18 is excluded.
§ Section 11 Alternative dispute resolution
The provider is not prepared to participate in dispute resolution proceedings before a consumer arbitration board.
§ 12 Contract language / Applicable law
12.1. The contract language is German. Even if the contract text is translated into another language, the German contract text remains binding.
12.2. In addition to these provisions, German law shall apply to all legal relationships between the customer and the supplier, excluding the provisions of the Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG).
§ 13 Protection of minors
13.1. The seller’s offers are aimed exclusively at adult customers; contracts with minors are therefore excluded.
13.2. By submitting his order, the customer assures that he has reached the legally required minimum age and that his details (name, age, address) are correct. The delivery and handover of the goods shall only be made to persons of legal age. The customer is therefore obliged to ensure that only he himself or persons authorized by him to accept the delivery who have reached the legally prescribed minimum age take delivery of the goods.
13.3. The conclusion of the contract is also conditional on proof that the customer is of legal age. This is done by a) the verification of 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 their identity by showing their identity card or another suitable identification document when accepting the delivery of goods. If an age check is not possible, the parcel will be stored at a nearby post office for seven (7) days and can be collected on presentation of ID. Alternatively, the parcel will be deposited at a Packstation if this is specified when the order is placed. If the goods are delivered to a Packstation, it is assumed that the recipient has reached the legal minimum age. If a delivery fails due to the customer’s failure to identify the goods, the seller reserves the right to demand the additional costs for the return shipment, irrespective of any further claims.
13.4. If the seller receives positive knowledge of an order that was placed using false data (in particular name and age), he reserves the right to take criminal action in addition to revocation in accordance with § 111 BGB.
