Terms of Service
The following general terms and conditions (GTC) regulate the contractual relationship between MATS Spirits GmbH represented by its owner Marcel Tschampel (Albertusstr. 13-17, 50667 Cologne, Germany) and consumers and entrepreneurs, when ordering and purchasing goods and / or services via the online shop at www.matsspirits-onlineshop.com
2. Contractual partner
Contracting party for orders via the online shop is MATS Spirits GmbH owner Marcel Tschampel Albertusstr. 13-17, 50667 Cologne, Germany.
3. Prices and shipping
3.1. The prices listed in the offer at the time of the order apply. All prices mentioned are total prices and include the statutory sales tax or value added tax as well as other price components.
3.2. The order will be sent to the address you provided. The delivery takes place at the currently valid conditions / price list within Germany.
3.3. If the recipient's address is incorrect, the buyer bears the additional costs. The same applies if the shipment cannot be delivered.
3.4. For international deliveries, unless otherwise stated, the price for packaging and shipping is calculated by weight and / or volume weight. If the buyer desires a special shipping method (e.g. express shipping) that incurs higher costs, the additional costs incurred must also be borne by the customer.
3.5. When shipping outside of Germany to another EU country or to a non-EU country, the buyer is responsible for import customs clearance.
3.6. Information on delivery times can be found on the respective article details page. This information is non-binding, unless otherwise agreed.
4. Payment options and invoice
4.1. Online orders are paid by bank transfer, credit card or PayPal.
4.2. When paying via PayPal, the debit is made immediately when ordering.
4.3. You will usually receive the invoice with the delivery in your package. However, we reserve the right to create and transmit invoices and credit notes only in electronic form.
5. Order process and conclusion of contract
5.1. The presentation of the products in the catalog / price list does not constitute a legally binding offer. You only make a binding offer to conclude a purchase contract by placing a written order.
5.2. With the confirmation sent by e-mail that we have received the order, the acceptance of your offer is also declared and the purchase contract is thereby concluded.
5.3. You can also place your confirmed reservation by phone. If you place an order by telephone, the purchase contract is concluded if we immediately accept your offer. If the offer is not accepted immediately, you are no longer bound by it.
6. Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation 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 goods.
In order to exercise your right of withdrawal, you must provide us (MATS Spirits GmbH, owner Marcel Tschampel, Albertusstr. 13-17, 50667 Cologne, Germany) with a clear statement (e.g. a letter sent by post or an email) inform about your decision to cancel this contract.
To meet the cancellation deadline, it is sufficient for you to send your communication regarding your right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we have made all payments we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for 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 event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send off 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 the nature, properties and functionality of the goods.
Exclusion or premature expiry of the right of withdrawal
A right of withdrawal exists according to § 312g Abs. 2 BGB u. a. not for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer, and for contracts for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded and expires for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.
There is also no right of withdrawal for contracts for the provision of services in the areas of accommodation for purposes other than for residential purposes, transportation of goods, vehicle rental, delivery of food and beverages and for the provision of other services in connection with leisure activities, if the contract for the provision stipulates a specific date or period, unless there are contracts for travel services in accordance with Section 651a if these have been concluded outside of business premises (Section 312g (2) No. 9 BGB).
We strive to have the products offered in the online shop in stock for you at all times. If we do not accept an order because, exceptionally, a product is no longer available, we will inform you immediately by email. In this case, we will reimburse any payments made by you.
7. Data protection
We strive to ensure the security of customers' personal data. For all data processing processes (e.g. collection, processing and transmission), we proceed in accordance with the statutory provisions in compliance with our data protection regulations. The data protection provisions are part of these terms and conditions.
8. Sale of alcohol
The purchase of alcoholic beverages is only permitted to people over the age of 18. With an order you confirm that you are over 18 years old. Under certain circumstances, the shipping service provider will only deliver the alcohol-containing products you have ordered if a person of legal age can take the order.
9. Warranty and liability
9.1. Statutory warranty rights apply to all goods.
9.2. All bottle images on our website are for illustration purposes only and are similar to the subject described: The bottle images may differ from the delivered bottles according to their external appearance. We offer our products for pre-order (subscription), d. H. before the end of production, all specific offer information on the product (such as the drinking strength of alcoholic beverages) is only for illustration and may vary by 10% to 15%.
9.3. We are liable for damages resulting from injury to life, limb, health or from the violation of essential contractual obligations (cardinal obligations) as well as for other damages based on an intentional or grossly negligent breach of duty by the partner, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. In the event of a breach of essential contractual obligations, MATS Spirits GmbH is only liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages from injury to life, limb or health. The provisions of the Product Liability Act remain unaffected.
10. Retention of title
The delivered goods remain our property until the goods have been paid for in full.
11. Information according to distance selling law
11.1. The language available for the conclusion of the contract is German.
11.2. Input errors can be recognized during registration by a syntax and writing form check in the form fields and corrected by entering them again in the form field.
11.3. The contract text is saved by us for billing purposes in accordance with the commercial law retention obligations and periods. The contract text is not accessible via the Internet after the contract is concluded. These General Terms and Conditions and your order information can be saved at any time or printed out using the browser's print function (right-click, "Print").
12. Information on online dispute resolution
In the first quarter of 2016, the European Commission will provide an internet platform for online dispute resolution ("ODR platform"). The OS platform is intended to serve as a point of contact for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. The OS platform will be accessible to you under the following link: http://ec.europa.eu/consumers/odr
16. Final provisions
16.1. The registered office of MATS Spirits GmbH is in Cologne. All written inquiries should be sent to the following address: MATS Spirits GmbH owner Marcel Tschampel Albertusstr. 13-17, 50667 Cologne, Germany.
16.2. These terms and conditions represent the agreement between MATS Spirits GmbH and the buyer. There are no verbal side agreements.
16.3. The law of the Federal Republic of Germany applies to contracts between us and the buyer, excluding the UN Sales Convention (CISG) and the conflict of laws. For contracts with consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.
16.4. The exclusive place of jurisdiction for all disputes arising from this contract is the registered office of MATS Spirits GmbH if you are a businessman.
16.5. Should individual provisions be or become ineffective, the effectiveness of the remaining provisions remains unaffected. If applicable, the statutory provisions replace the ineffective points.