§1 SCOPE OF APPLICATION
(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded between us, the
The Illusionist Distillery GmbH
Otto-Hahn-Str. 26 | 85521 Hohenbrunn | GERMANY
Managing Director: Tim Steglich
and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract arise in particular from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.
(3) The version of the GTC valid at the time of conclusion of the contract shall apply.
(4) We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object to the inclusion.
§2 CONCLUSION OF CONTRACT
(1) The presentation and advertising of items in our online shop does not constitute a binding offer to conclude a purchase contract.
(2) By submitting an order via the online shop by clicking the button "complete order", you place a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your right to revoke your order, if any, pursuant to § 3 remains unaffected.
(3) We will immediately confirm receipt of your order placed via our online shop by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, the acceptance is declared at the same time.
(4) A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items.
(5) We can only consider orders for deliveries abroad from a minimum order value. You can find the minimum order value in the price information provided in our online shop.
(6) If it is not possible to deliver the goods you have ordered, for example because the goods in question are not in stock, we shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.
§3 RIGHT OF WITHDRAWAL
(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions.
(2) If you, as a consumer, make use of your right of revocation in accordance with clause 1, you shall bear the regular costs of the return shipment.
(3) In all other respects, the right of revocation shall be governed by the provisions which are set out in detail in the following
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.In order to exercise your right of withdrawal, you must inform us [The Illusionist Distillery GmbH, Otto-Hahn-Str. 26, 85521 Hohenbrunn, DE, 089-1500-184-0, email@example.com] by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. You can also fill in and submit the model withdrawal form or another clear declaration electronically on our website [www.]. If you make use of this option, we will send you a confirmation of receipt of such revocation without delay (e.g. by e-mail).
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you withdraw from this contract, we must refund 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 cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal 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; in no case will you be charged for this repayment. We may refuse 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 or to (insert here the name and address of the person authorised by you to receive the goods, if applicable) without undue delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract. The time limit shall be deemed to have been observed 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 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 the condition, properties and functioning of the goods.
- End of the cancellation policy -
(4) The right of revocation does not exist for distance contracts
(a) for the delivery of goods that have been manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or whose expiry date would be exceeded,
(b) for the delivery of audio or video recordings or of software, provided that you have unsealed the data carriers delivered.
§4 TERMS OF DELIVERY AND RESERVATION OF ADVANCED PAYMENT
(1) We are entitled to make partial deliveries insofar as this is reasonable for you.
(2) The delivery period is approximately five (5) working days, unless otherwise agreed. It begins - subject to the provision in paragraph 3 - with the conclusion of the contract.
(3) In the case of orders from customers with their place of residence or business abroad or in the case of justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). If we make use of the reservation of advance payment, we will inform you immediately. In this case, the delivery period begins with the payment of the purchase price and the shipping costs.
§5 PRICES & SHIPPING COSTS
(1) All prices quoted in our online shop are gross prices including the statutory value-added tax and are exclusive of any shipping costs incurred.
(2) The shipping costs are indicated in our price quotations in our online shop. The price including VAT and applicable shipping costs is also displayed in the order mask before you submit the order.
(3) If we fulfil your order in accordance with § 4 para. 1 by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) If you effectively revoke your contractual declaration in accordance with § 3, you can demand reimbursement of costs already paid for shipping to you (delivery costs) under the statutory conditions (cf. on other consequences of revocation § 3 para. 3).
(5) For an order with a merchandise value under €49.90, we charge a flat shipping fee of €3.90 (incl. VAT).
§6 CONDITIONS OF PAYMENT & SET-OFF & RIGHT OF RETENTION
(1) The purchase price and the shipping costs must be paid within two (2) weeks of receipt of our invoice at the latest.
(2) You can choose to transfer the purchase price and the shipping costs to our account stated in the online shop, give us a direct debit authorisation or pay by PayPal, Apple Pay, Google Pay, EC/Maestro or credit card. In the case of a direct debit authorisation or payment by PayPal, Apple Pay, Google Pay, EC/Maestro or credit card, we will arrange for your account to be debited at the earliest at the time stipulated in paragraph 1. A direct debit authorisation granted shall also apply to further orders until revoked.
(3) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract.
(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
§7 RETENTION OF TITLE
The delivered goods remain our property until the purchase price has been paid in full.
(1) We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(2) Any seller's warranties given by us for certain items or manufacturer's warranties granted by the manufacturers of certain items shall be in addition to the claims for material defects or defects of title within the meaning of para. 1. Details of the scope of such warranties can be found in the warranty conditions which may be enclosed with the items.
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, we shall only be liable - unless otherwise stipulated in para. 3 - in the event of a breach of a contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in para. 3.
(3) Our liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
We have copyrights to all pictures, films and texts published in our online shop. Use of the images, films and texts is not permitted without our express consent.
§11 APPLICABLE LAW & PLACE OF JURISDICTION
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller, Munich. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.
(3) Dispute resolution: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr . We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.