General Terms and Conditions
Unless agreed otherwise in writing, only the following General Terms and Conditions (in the version valid on the date on which you place your order) shall apply between us, Alfred SCHLADERER Alte Schwarzwälder Hausbrennerei GmbH, Alfred-Schladerer-Platz 1, 79219 Staufen, Germany, and you, the customer using our website and, in particular, our online shop. A customer may only enforce their own terms and conditions with our written consent.
To order items from our online shop, you must be at least 18 years old on the date on which you place your order. It is only possible to place an order if you confirm during the ordering process that you are of legal age.
2. Offer and conclusion of the contract
The presentation of products in our online shop does not represent a legally binding offer, but rather a non-binding invitation to place an order. No responsibility can be accepted for any errors in the presentation of goods in our online shop.
The customer may add goods to their virtual shopping basket with a mouse click. They can use this basket to view the goods they have selected and to check their order. On clicking the button “confirm purchase”, the customer makes a binding offer to conclude a purchase agreement for the goods they have added to their virtual shopping basket. The order is then forwarded to us and the customer immediately receives an electronic order confirmation by email. We would hereby like to expressly point out that the sending of this order confirmation does not mean that the order has been accepted. Instead, an agreement shall only be concluded when we subsequently send the customer a sales confirmation by email or deliver the goods to the customer.
Please note that we can only sell goods in quantities consistent with normal household use.
3. Availability and delivery of goods
The online shop shows the customer which products are immediately available and which are only temporarily out of stock. The delivery time for each product can be found in the product description.
The goods shall be delivered to the delivery address entered by the customer. This address must be in Germany. The delivery address may differ from the billing address. If no delivery address is entered, the goods shall be sent to the billing address, provided this address is in Germany.
We are entitled to split orders into multiple deliveries if:
the customer can use the contents of the partial delivery for the contractually agreed intended purpose and
this does not result in the customer having to make any significant additional effort or incurring any additional costs.
Please note that the contracted delivery person shall only deliver the goods once they have visually verified the customer’s age.
4. Transfer of risk
If the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), we shall always bear the risk of delivering the goods regardless of the delivery method used. If the customer is an entrepreneur within the meaning of Section 14 BGB, the risk shall be transferred to the customer as soon as we pass the goods to the contracted forwarding agent, carrier or other delivery company asked to deliver the goods.
5. Prices and delivery charges
The prices listed in our online shop are stated in euros and include packaging and the applicable statutory amount of value-added tax. The goods shall be delivered at the customer’s expense from Staufen.
The applicable delivery charges pursuant to our Terms and Conditions of Delivery must be borne by the customer.
The purchase price is payable as soon as the order has been placed. The customer can choose to pay using PayPal or by advance bank transfer. If the customer chooses to pay by bank transfer, we shall send an invoice to the customer providing our bank details.
7. Retention of title
We shall retain ownership of the goods delivered by us until the customer has paid the purchase price and any delivery charges due in full.
8. Warranty and liability
The warranty provided and the extent of our liability shall be in line with statutory provisions, in particular Sections 434 et seq. BGB.
9. Amendments to these General Terms and Conditions
We reserve the right to amend these General Terms and Conditions at any time, provided that we give a sufficient notice period. We shall provide notification of any such change on the web page of our online shop (www.schladerer.de).
11. Dispute resolution
The European Commission’s online disute resolution website can be found at http://ec.europa.eu/consumers/odr/. We are neither prepared nor obliged to participate in dispute resolution proceedings in front of a consumer dispute resolution body.
10. Final provisions
German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). When handling transactions with end users in the European Union, the laws applicable in the end user’s place of residence may apply if and to the extent that these laws are obligatory provisions relating to consumer rights.
If the private end user does not reside in the European Union or if the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal person under public law or a separate estate governed by public law, the place of jurisdiction shall be the location of our registered office. We are nevertheless entitled to take legal action against a customer at the customer’s place of residence or business.