Terms & Conditions

Terms & Conditions

    1. Scope

    For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.

    A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a legal partnership that, during entering into a legal transaction, is acting during its commercial or independent professional activity.

    Regarding entrepreneurs, these terms and conditions also apply to future business relationships, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary terms and conditions, its validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.

    1. Contracting party, conclusion of contract

    The purchase contract is concluded with Trestan Technology UG (haftungsbeschränkt).

    The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. You can put our products initially without obligation in the cart and correct your input before submitting your binding order at any time, by providing this in the order process and use explained proofing tools. By clicking on the order button, you place a binding order of the goods contained in the shopping cart. Confirmation of receipt of your order will be made by e-mail immediately after sending the order.

    It depends on the payment method you have chosen, when the contract is concluded with us:

    Payment in advance and payment after shipment

    We accept your order by sending a declaration of acceptance in separate e-mail within two days, in which we give you our bank details.

    Credit card – processing via STRIPE

    By submitting the order and choosing to pay by credit card, you will be asked to submit your credit card details. These will be forwarded to Stripe. Stripe is a financial service provider that offers different payment options in one account. Your data, which is necessary for payment, will be collected, stored, processed and exchanged with your credit card company. After being legitimized as a legitimate cardholder, Stripe will ask your credit card company to initiate the payment transaction. With this process we accept your order.

    Cash on pickup

    We accept your order by sending a declaration of acceptance in separate e-mail within two days.

    1. Contract language, contract text storage

    The language available for the contract is English. We offer a Czech translation for our Czech customers, but we do not guarantee their quality. In case of doubt, the English text always applies.

    We save the contract text and send you the order data and our terms and conditions by e-mail. The text of the contract is no longer accessible via the Internet for security reasons. The terms and conditions can be found by switching the language button bilingual in the link at the bottom of the page.

    1. Terms of delivery

    In addition to the stated product prices you will also have to pay shipping cost. You can find out more about the amount of shipping costs in the product descriptions.

    We can currently offer direct shipping only in the territory of the Federal Republic of Germany. Purchases from other countries can be picked up at our shop or at another address within the Federal Republic of Germany. This can be done personally or by ordering a private transport organized by the customer.

    Find detailed information about delivery options and prices on our website at:

    https://whisky4you.net/shipping-methods/

    Within Germany, the goods will be shipped immediately after confirmed receipt of payment. The regular delivery time for deliveries from stock is 3 days, if the goods are in enough quantity in our stock. You can see this in the article descriptions.

    We ship the order either from our own stock if the entire order is there available or as soon as the missing items are sent to us by the supplier and the order is complete. In this case, as soon as the entire ordered goods have arrived, we will ship them to the customer.

    If we have a permanent delivery obstacle, in particular force majeure or non-delivery by our own suppliers, although a corresponding cover transaction has been made in good time, which we are not responsible for, then we have the right to withdraw from a contract. You will be informed immediately, and any services received, especially also payments, will be refunded.

    If you specify a specific place for the delivery, we are obliged to deliver the goods to the place specified by you in the order. Then you are obliged according to the purchase contract to take over the goods upon delivery. If you do not accept the delivery or do not pick up the goods within the storage period of the carrier, or if the delivery cannot be delivered due to missing lettering on the mailbox, we are entitled to charge a contract fee of 300, – to CZK (in words: 300 Czech Crowns) or 10, – € (in words: ten Euros), as well as freight and packaging cost from you.

    Exceptions:

    When taking over the goods, you are obliged to check the condition of the goods and to complain to the carrier immediately in case of any defects. In the case of a damaged packaging, which shows unauthorized opening of the goods, you are not obliged to take over the shipment from the carrier.

    By signing the receipt, you confirm that the goods were taken over properly and undamaged and that no further claims for damage to the goods are asserted.

    We are also delivering to DHL packing stations of German Post within Germany. The customer can choose the nearest station from here: https://parcelshopfinder.dhlparcel.com/ and mention it as delivery address in the order. The rule about the pickup is the same as above. If not picked up within 8 days and the goods are returned to us, we will charge the above-mentioned fee.

    The collection of the goods is possible at our headquarters. By arrangement, additional pick-up locations may be possible in Munich, Ulm or Dresden. The pick-up address of our headquarters is:

    Trestan Technology UG (haftungsbeschränkt)

    Danziger Strasse 9 b

    89281 Altenstadt

    Germany

    Please contact us before the scheduled pickup by email: info@whisky4you.cz to arrange the pick-up date.

    If you arrive without prior agreement, it may be that the pickup is not possible, or the goods are not ready prepared for you. We will not cover any additional cost related to this.

    1. Payment

    To buy from our shop you can use the following payment methods:

    Payment in advance (standard)

    When selecting the payment method in advance, we will give you our bank details in a separate e-mail and either deliver the goods after receipt of payment or notify you as soon as they are available for pick-up by you. We ask you to enter your order number as a reference with your payment, otherwise your payment can not be assigned. We are not responsible for delays in delivery due to missing order number during payment.

    Credit card processing via STRIPE

    By submitting the order and choosing to pay by credit card, you will be asked by a separate Email to submit your credit card details. These will be forwarded to Stripe. Stripe is a financial service provider that offers different payment options in one account. Your personal data necessary for payment will be collected, stored, processed and exchanged with your credit card company. After being legitimized as a legitimate cardholder, Stripe will ask your credit card company to initiate the payment transaction. The payment transaction is automatically performed by the credit card company and charged to your card.

    Cash on pickup

    You will get a separate Email with acceptance of the order. We will then contact you for a date for pickup the goods. You will pay the invoice amount cash when picking up the goods.

    Purchase on account only on separate application with existing customer relationship after multiple purchases and successful credit check (application for acceptance to purchase on account please send an email to: info@whisky4you.cz)

    When purchasing on account, the customer is obliged to pay or transfer the amount shown on the account indicated on the invoice within 7 days after receipt of the invoice. Payment is due without deductions from the date of invoice. After expiry of the term of payment, which is thus determined by the calendar, the customer shall be in default even without a reminder. A right of retention of the customer, which is not based on the same contractual relationship, is excluded. The set-off with claims of the customer is excluded, unless these are undisputed or legally established.

    1. Retention of title

    The goods remain our property until full payment.

    For entrepreneurs applies in addition: We reserve the ownership of the goods until the complete settlement of all claims from an ongoing business relationship. You may resell the reserved goods in ordinary business and in compliance with all applicable laws; All claims resulting from this resale shall be assigned to us in advance – irrespective of any combination or mixing of the reserved goods with a new item – up to the invoice amount, and we accept this assignment. You remain entitled to collect the claims, but we may also collect claims by ourselves, as far as you do not meet your payment obligations.

    Your claims or rights against us may not be assigned or pledged without our consent, unless you have demonstrated a legitimate interest in the assignment or pledge.

    1. Transport damage

    For consumers:

    If goods are delivered with obvious transport damage, please complain about such damages as soon as possible to the transport company and please contact us immediately. The missing complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us assert our own claims against the carrier or transport insurance.

    For entrepreneurs is valid:

    The risk of accidental loss and accidental deterioration shall be transferred to you as soon as we have handed over the goods to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. Among traders, the duty to inspect and to reprimand is regulated in § 377 HGB. If you refrain from doing so, the goods are deemed to have been approved, unless they are defects that were not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.

    1. Warranty and Guarantees

    Unless expressly agreed otherwise, the statutory warranty rights apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.

    For entrepreneurs, the limitation period for warranty claims is one year from the transfer of risk; the statutory limitation periods for the recourse claim under § 478 BGB remain unaffected.

    Regarding entrepreneurs, an agreement on the condition of the goods is understood to mean only our own information and the manufacturer’s product descriptions that were included in the contract; We accept no liability for public statements made by the manufacturer or other advertising statements.

    If the delivered goods are defective, we initially provide to entrepreneurs at our discretion warranty by rectification of the defect (repair) or by delivery of a defect-free item (replacement).

    The above limitations and shortened terms do not apply to claims for damages caused by us, our legal representatives or vicarious agents

    • In case of injury to life, body or health
    • in case of intentional or grossly negligent breach of duty as well as malice
    • in the case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations)
    • as part of a guarantee promise, as far as agreed
    • as far as the scope of the product liability law is opened.

    Information on any applicable additional guarantees and their exact conditions can be found in the product and on special information pages in the online shop.

    The shelf life of food and drinks applies only to unopened packaging and proper storage. An expiration date stated on the packaging limits the guaranteed shelf life to the date indicated.

     

    1. Liability

    We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents

    • in case of injury to life, body or health,
    • in case of intentional or grossly negligent breach of duty,
    • with guarantee promise, if agreed, or
    • as far as the scope of the product liability law is opened.

    In case of breach of essential contractual obligations, whose fulfillment enables the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations) by slight negligence on our part, our legal representatives or vicarious agents, the liability shall be limited to the amount foreseeable at the time of conclusion of the contract, which typically must be expected. Incidentally, claims for damages are excluded.

    We point out that you buy the alcoholic goods at your own risk and for your own personal use. We also point out that alcoholic beverages are stimulants that can cause dependence and damage to health if consumed excessively. You are solely responsible for the appropriate and responsible handling. We are also not responsible for deciding whether or not you are allowed to consume alcoholic beverages at all. Please ask your doctor if in doubt. We are not responsible for the improper use of the products and are not responsible for health risks arising from improper or excessive use of the products by you.

    1. Language, Jurisdiction and Applicable Law

    Contract language is English. The contract is written in English and translated into Czech as a service for our Czech customers, who order from the Czech language page. For the translation we do not guarantee linguistic errors. In case of discrepancy, the English version always applies. The further implementation of the contractual relationship takes place in English. The law of the Federal Republic of Germany exclusively applies. The place of jurisdiction is Ulm / Germany. For consumers, this applies only if this does not restrict any statutory provisions of the state in which the customer has his domicile or habitual residence.

    If you are an entrepreneur, then German law applies excluding the UN sales law.

    Are you a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is place of our headquarters.

    1. Dispute resolution

    The European Commission provides a platform for online dispute resolution (OS), which can be found here http://ec.europa.eu/consumers/odr/.

    Consumers have the opportunity to use this platform for advice and to resolve their disputes.

    In order to settle disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists at all, we do not agree to participate in dispute settlement proceedings before a consumer arbitration board. However, you can always turn to these offices for advice.

    Responsible is the agency “General Consumer Arbitration Center of the Center for Arbitration e.V” (Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V.), Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.

    These agency charges quota-based fees for their services. Therefore, we will not participate in a dispute resolution procedure by this agency. We are convinced that we will find a good solution on a personal basis with our customers even without this agency.

    1. Protection of minors

    If your order includes goods whose sale is subject to age restrictions, you will be notified in the shop at the time of purchase. We explicitly ask if you are at least 18 years old and assume a truthful answer.

    At personal pick-up of goods, we determine with an identity and age check that we only hand over the goods to persons who are at least 18 years old.

    If you have the goods collected by a private delivery service or shipped to a packing station and want to exclude the possibility that underage persons take over the goods upon delivery, we recommend the addition of a personal identity and age check by the transport agency and send a suitable adult person for pick-up.

    1. Final provisions

    The invalidity of any provision of these Terms and Conditions has no effect on the validity of the remaining provisions.

    These terms and conditions apply from the 5.4.2018 and cancel all previous terms and practices. We reserve the right to change these terms without prior notice.

     

     

  1. AGB created with the Trusted Shops lawyer in cooperation with Wilde Beuger Solmecke lawyers and the German lawyer hotline.