General Terms and Conditions
1. Scope and operator of the online shop
(1) These General Terms and Conditions apply to all orders placed by you with the online shop https://www.thewhiskykingdom.com and all contractual relationships that arise between the operator of the online shop and you as a result of using the aforementioned website.
(2) Operator of the online shop is:
The Whisky Kingdom UG (haftungsbeschränkt)
Nibelungenstr. 9a
80639 München
Commercial register entry: HRB 240197
VAT ID No.: DE318581357
(3) The goods in our online shop are intended exclusively for buyers who have reached the age of 18.
(4) Our deliveries, services and offers are based on these General Terms and Conditions. The General Terms and Conditions shall therefore also apply to companies for all future business relations, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our General Terms and Conditions is hereby already contradicted.
(5) You can download the currently valid General Terms and Conditions of Business at https://thewhiskykingdom.com/agb/
and print it out.
2. Conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a sales contract. Rather, it is a non-binding request to order goods in the online shop.
(2) By clicking on the button "Order with costs" you submit a binding offer to purchase (§ 145 BGB).
(3) After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
(4) A sales contract for the goods shall only be concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we send the goods to you - without prior express declaration of acceptance.
3. Prices
The prices stated on the product pages include the statutory value added tax and other price components and are exclusive of the respective shipping costs. For further information on shipping costs, please visit our website under Shipping and payment options.
4. Terms of payment; Default
(1) Payment shall be made optionally by:
Invoice by bank transfer or credit card
(2) The selection of the respective available payment options is incumbent on us.
(3) In the case of 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 14 days after receipt of the order confirmation.
(4) In case of payment by credit card, the purchase price will be reserved on your credit card at the time of the order (authorization). The actual debiting of your credit card account takes place at the time we ship the goods to you.
(5) If you are in arrears with a payment, you shall be obliged to pay the statutory interest on arrears of 5 percentage points above the base rate. For each reminder letter sent to you after the default has occurred, you will be charged a reminder fee of EUR 1.50, unless lower or higher damages are proven in the individual case.
5. Delivery; Retention of ownership
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address provided by you.
(2) The goods remain our property until the purchase price has been paid in full.
(3) We are only obliged to deliver from our stock and the goods ordered by us from our suppliers. This also applies to orders of goods which are only described in terms of their type and characteristics (generic goods). Furthermore, we do not assume the risk of having to procure ordered goods (procurement risk).
(4) As an exception, we are not obliged to deliver the ordered goods if we have ordered the goods properly 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 immediately. Furthermore, we may not have assumed the risk of procuring the ordered goods. If the goods are unavailable, we will immediately refund any payments already made.
(5) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following shall apply additionally:
- We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted.
- You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly fulfil your payment obligations, we reserve the right to collect claims ourselves.
- We undertake to release the securities to which we are entitled on request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is at our discretion.
6. Transport damages
(1) If goods are delivered with obvious transport damages, please complain about such errors immediately to the deliverer and contact us as soon as possible.
(2) Failure to make a complaint or contact us will not affect your statutory warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.
7. Warranty
(1) Unless expressly agreed otherwise, warranty rights and obligations are governed by the statutory provisions of the law on sales.
8. Liability
(1) Unlimited liability: We are liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. For slight negligence, we shall be liable for damages resulting from injury to life, body and health of persons.
(2) Im Übrigen gilt folgende beschränkte Haftung: Bei leichter Fahrlässigkeit haften wir nur im Falle der Verletzung einer wesentlichen Vertragspflicht, deren Erfüllung die ordnungsgemäße Durchführung des Vertrags überhaupt erst ermöglicht und auf deren Einhaltung Sie regelmäßig vertrauen dürfen (Kardinalpflicht). Die Haftung für leichte Fahrlässigkeit ist der Höhe nach beschränkt auf die bei Vertragsschluss vorhersehbaren Schäden, mit deren Entstehung typischerweise gerechnet werden muss. Diese Haftungsbeschränkung gilt auch zugunsten unserer Erfüllungsgehilfen.
9. Alternative dispute resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online orders without the need to go to court. The dispute resolution platform is available at the external link http://ec.europa.eu/consumers/odr/erreichbar.
We will endeavour to settle any disputes arising from our contract amicably. In addition, we are not obliged to participate in a mediation procedure and unfortunately we cannot offer you the participation in such a procedure.
10. Final provisions
(1) Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected.
(2) German law shall apply exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our registered office shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
(4) Contract language is exclusively German.
Status: May 2018
Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13,10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4; Adjustments by online shop owner.