General Terms and Conditions of SHATLER’s Getränke GmbH – Version from 1st March 2009
The following General Terms and Conditions exclusively apply to Consumers within the meaning of the statutory provisions (as stated in section 13 of the German Civil Code (‘Bürgerliches Gesetzbuch’, hereafter referred to as “BGB”)).
Section 1 – General Provisions
(1) The products offered by SHATLER’s Getränke GmbH (hereafter referred to as “SHATLER’s”) shall only be sold to individuals aged 18 or over.
(2) Under this provision, deliveries, services and product offers from SHATLER’s shall be exclusively effected based on the following Terms and Conditions in the version that respectively applies at the time of the order. Any provisions deviating from these Terms and Conditions shall only become part of the contract if and insofar as they have been approved in writing by SHATLER’s.
(3) The term “Consumer”, as used in this document, is defined in section 13 BGB, while the term “entrepreneur” is defined in section 14 BGB. According to these sources, a Consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to his/her commercial or self-employed professional operations. An entrepreneur is a natural or legal person or a partnership with legal personality who or that concludes a legal transaction within the scope of his/her/its commercial or self-employed professional operations.
Section 2 – Offer and Conclusion of Contract
The range of products offered by SHATLER’s is subject to change and represents an invitation to make an offer to SHATLER’s in the form of an order. If the receipt of order is confirmed by SHATLER’s, this shall not represent any acceptance of the Customer’s offer. The acceptance of the offer that leads to the conclusion of contract shall be expressly effected by the receipt of a written declaration of acceptance. The Customer shall grant SHATLER’s a period of 14 days following receipt of order in which SHATLER’s can accept this offer.
Section 3 – Right of Revocation
Information on the Right of Revocation
Right of Revocation
You can revoke your contractual statement within 14 days without stating reasons either in writing (e.g. letter, fax, e-mail) or, if you have received the item before the end of this revocation period, by returning the item. The revocation period shall begin following receipt of this information in writing, yet not before receipt of the goods by the consignee (not before receipt of the first partial delivery in the case of recurrent delivery of similar goods) and also not before the fulfillment of our duty to inform in accordance with article 246 section 2 in connection with section 1 subsections 1 and 2 of the Introductory Act to the German Civil Code (‘Einführungsgesetz zum Bürgerlichen Gesetzbuche’, hereafter referred to as “EGBGB”) as well as our obligations in accordance with section 312e subsection 1 sentence 1 BGB in connection with article 246 section 3 EGBGB. The punctual dispatch of the revocation or the item shall suffice for the observation of the revocation deadline. The revocation must be sent to:
SHATLER’s Getränke GmbH
Winterhuder Weg 29
Fax: +49 (0) 40 357 16 96 – 29
Consequences of Revocation
In the case of an effective revocation, services received by both parties and, where applicable, derived benefits (e.g. interest payments) must be returned. If you are fully or partially unable to return the received goods to us or can only return them in a deteriorated condition, you must compensate us for lost value in this respect where applicable. This does not apply to the delivery of items if the deterioration of the item is exclusively attributable to the inspection of the item as you would, for example, have inspected the item in a retail outlet. You can, incidentally, avoid the obligation to compensate for deterioration to the item caused by the intended use by not using the object as if it were your property and by refraining from all actions that may decrease its value. Items that can be sent as parcels should be returned at our own risk. You must cover the costs of the return postage if the goods delivered correspond to those ordered and the cost of the item to be returned is no larger than 40 Euros or, when the item costs more than this, if you have not provided the return service or a contractually agreed installment payment by the point at which the revocation is submitted. The return of the items is otherwise free of charge for you. Items that cannot be sent as parcels will be collected from you. Obligations to refund payments must be fulfilled within 30 days. This period shall commence for you when you send your revocation or the item and for us when we receive your revocation or the item.
End of the Information on the Right of Revocation
Section 4 – Delivery and Default of Acceptance
(1) If no other agreement has been expressly made between the parties in writing, deliveries shall be made from the registered office of the responsible logistics warehouse in Germany.
(2) Packaging shall be taken back by SHATLER’s insofar as this is covered by a statutory obligation (German Regulation on Packing (‘Verpackverordnung’)) and the packaging is returned carriage paid.
(3) The adherence to delivery times is subject to the Customer’s complete fulfillment of the contractual obligations that the Customer must meet before the delivery is carried out. Delivery times shall be appropriately extended if the delivery is impeded or prevented by force majeure circumstances (e.g. mobilisation, war and riots or other occurrences such as strikes or lockouts). Delivery times shall also be appropriately extended if unpredictable weather conditions impede punctual delivery. If a delivery time is extended for longer than 4 weeks as a result of force majeure circumstances or extreme weather conditions, both parties shall be entitled to withdraw from the contract.
(4) SHATLER’s shall only deliver cocktails within Germany.
Section 5 – Transfer of Risk
The risk of the accidental loss or accidental deterioration of the goods shall only be transferred to the Customer (Consumer) once the goods have been handed over to the Customer (Consumer). The transfer shall be deemed complete if the Customer is in default of acceptance of the goods. This shall be the case if the Customer does not accept the delivery offered to him or her in accordance with the contract.
Section 6 – Prices
The prices stated by SHATLER’S are final gross prices. The price quoted already contains postage and packaging costs and the respective legally effective amount of German value-added tax (‘Umsatzsteuer’).
Section 7 – Payment Terms and Conditions
Payments can be made using either common credit cards or PayPal. Your credit card or PayPal account will be charged when the order is completed. If you have a customer account, you can also choose to pay in advance. If you choose to pay in advance, we will send you an advance invoice containing our bank details by e-mail. The goods will be delivered on receipt of payment.
Section 8 – Retention of Title
SHATLER’s shall retain ownership of the delivered goods until receipt of complete payment of the purchase price. During the existence of the retention of title, the Buyer shall not be permitted to pledge the goods subject to retention of title or to assign them to third parties.
Section 9 – Material Defects and the Limitation of Claims Based on Defects
The statutory limitation period (two years) shall apply to all claims of the Customer (Consumer) based on material defects.
Section 10 – Limitation of Liability and Exclusion of Liability
(1) Claims for damages from the Customer, irrespective of legal basis and in particular as a result of the violation of contractual obligations and in tort, are excluded.
(2) This shall not apply in the case of mandatory liability, e.g. in accordance with the German Product Liability Act, in the case of intention or of gross negligence, as a result of injury to life, body or health or due to the violation of essential contractual obligations (cardinal obligations) The claim to damages for the violation of essential contractual obligation is, however, limited to typical contractual and predictable damages insofar as that they are not intentional or as a result of gross negligence and that there is no liability for injury to life, body or health. An alteration to the burden of proof to the disadvantage of the Buyer is not connected to these regulations.
(3) Regardless of any fault, any liability of SHATLER’s in the case of fraudulent concealment of the defect, the assumption of a guarantee or a quality assurance and in accordance with the German Product Liability Act (‘Produkthaftungsgesetz’) shall remain unaffected by this limitation of liability.
(4) The personal liability of the legal representatives, persons employed in performing an obligation and employees of the Seller (SHATLER’S) for any damages caused by them as a result of slight negligence is excluded.
Section 11 – Data Protection
(1) The data necessary for processing orders will be saved. All personal data shall be treated as confidential and shall not be passed on for advertising purposes.
(2) When a user accesses the SHATLER’s website or every time a file is viewed, access data concerning this procedure shall be saved in a log file on the server of our provider. Each data set consists of:
the website from which the file was requested,
the name of the file,
the date and time at which the file/website was accessed,
the amount of data sent and received,
the result of the data request (file successfully/unsuccessfully received),
the description of the web browser and the IP address used to access the file/website.
(3) The saved data shall solely be used for the implementation of contracts. The data shall not be passed on to third parties for commercial or non-commercial purposes.
(4) If the Customer uses the opportunity to enter personal or business data (name, e-mail address, etc) on the SHATLER’s website, this shall always be a voluntary process. These data shall also be treated as confidential and shall not be passed on to third parties. The Customer is entitled to receive information concerning his/her saved personal data on request and free of charge. The Customer is additionally entitled to correct, block and delete this personal data in accordance with legal provisions. The Customer can do so by contacting SHATLER’s by post, e-mail or fax.
(5) Where applicable, you have expressly given the following consent during the order process. Please note that you can revoke your consent at any time with future effect.
Create a customer account:
Make the most of the advantages. Information & Data Protection
Age verification: I consent to the age verification process. Information
(7) This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies“, namely text files that are saved on your computer and enable an analysis of your use of the website. The information obtained by the cookie concerning your use of this website (including your IP address) is transferred to a Google server in USA where it is saved. Google will use this information in order to evaluate your use of the website, to create reports on website activity for the operator of the website and to provide further services connected to the use of the website and the Internet. Google will also transfer this information to third parties where applicable insofar as this is required by law or if the third parties are commissioned by Google to process these data. In no case will Google link your IP address to other data from Google. You can prevent the installation of cookies by using the corresponding setting in your browser software. Please note, however, that by doing so, you will not be able to use all functions of this website to the full extent. By using this website you consent to the processing of data collected about you by Google exclusively in the manner described above and for the aforementioned purpose.
Section 12 – Protection of Minors
SHATLER’s rejects all forms of sales of goods to minors. The Customer is obliged to ensure that deliveries are only accepted by individuals of the age of majority.
Section 13 – Other Provisions
(1) German substantive law shall apply to all legal relations between SHATLER’s and the Customer, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) If these General Terms and Conditions fully or partially do not become an integral part of the contract or ineffective, the other provisions of the contract shall remain effective. Insofar as the provisions have not become an integral part of the contract or are ineffective, the content of the contract shall comply with the statutory provisions.