GDPR - Privacy Policy

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Redemption of Promotional Vouchers
10. Redemption of Gift Vouchers
11. Applicable Law
12. Place of Jurisdiction
13. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "T&Cs") of Dr. H. Thanisch, Erben Müller-Burggraef KG (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods displayed in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These T&Cs apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional activity.

1.4 An entrepreneur within the meaning of these T&Cs is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller can accept the Customer's offer within five days by,

• sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
• delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• requesting payment from the Customer after the submission of their order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, viewable at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account, viewable at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.

2.5 When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and transmitted to the Customer in text form (e.g., e-mail, fax, or letter) after their order has been sent. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account using the corresponding login data.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's magnification function, which enlarges the display on the screen. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.8 The German language is available for the conclusion of the contract.

2.9 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.

2.10 When ordering alcoholic beverages, the customer confirms with the submission of the order that he has reached the legally required minimum age.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the Seller's online shop.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the processing of the transaction.

5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of sending the goods if the Customer effectively exercises their right of withdrawal. For return costs, the provisions in the Seller's cancellation policy apply if the Customer effectively exercises their right of withdrawal.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes with the handover of the goods to the Customer or an authorized recipient. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer in the case of consumers as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not attributable to the Seller and the Seller has, with due diligence, concluded a specific hedging transaction with the supplier. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

5.5 Vouchers are provided to the Customer as follows:

- by e-mail

6) Retention of Title

If the Seller performs in advance, it retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stipulated in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

• the Seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for defect claims is one year from the delivery of the goods;
• for used goods, defect claims are excluded;
• the limitation period does not recommence if a replacement delivery is made in the context of liability for defects.

7.2 The aforementioned limitations of liability and shortening of deadlines do not apply

• to claims for damages and reimbursement of expenses by the Customer,
• in the event that the Seller has fraudulently concealed the defect,
• to goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
• to any existing obligation of the Seller to provide updates for digital products in contracts for the supply of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing right of recourse remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial obligation to examine and give notice of defects in accordance with § 377 HGB. If the Customer fails to comply with the notification obligations stipulated therein, the goods are deemed to have been approved.

7.5 If the Customer acts as a consumer, they are requested to complain about goods delivered with obvious transport damage to the delivery person and to inform the Seller thereof. Failure to do so has no effect on their statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual, and legal claims for damages and reimbursement of expenses, including tortious claims, as follows:

8.1 The Seller is liable without limitation for any legal reason

• in case of intent or gross negligence,
• in case of intentional or negligent injury to life, body, or health,
• due to a guarantee promise, unless otherwise regulated in this respect,
• due to mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches an essential contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless unlimited liability exists according to the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer regularly relies.

8.3 Otherwise, liability of the Seller is excluded.

8.4 The foregoing liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Vouchers issued by the Seller free of charge as part of promotional campaigns with a specific validity period and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the promotional voucher.

9.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible.

9.5 Only one promotional voucher can be redeemed per order.

9.6 If the promotional voucher refers to a specific value and not a percentage discount, the value of the goods must at least correspond to the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller.

9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

9.8 The credit of a promotional voucher will neither be paid out in cash nor accrue interest.

9.9 The promotional voucher will not be refunded if the Customer returns goods paid for entirely or partially with the promotional voucher within the scope of their statutory right of withdrawal.

9.10 The promotional voucher is intended only for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

10) Redemption of Gift Vouchers

10.1 Vouchers that can be purchased through the Seller's online shop (hereinafter "gift vouchers") can only be redeemed in the Seller's online shop, unless otherwise indicated on the voucher.

10.2 Gift vouchers and remaining credit from gift vouchers can be redeemed until the end of the third year after the year of voucher purchase. Remaining balances will be credited to the customer until the expiry date.

10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible.

10.4 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

10.5 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

10.6 The credit of a gift voucher will neither be paid out in cash nor accrue interest.

10.7 The gift voucher is transferable. The Seller can make payment with exonerating effect to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of authorization, legal incapacity, or lack of power of representation of the respective holder.

11) Applicable Law

For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply, to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

12) Place of Jurisdiction

If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's registered office. If the Customer has its seat outside the territory of the Federal Republic of Germany, the Seller's registered office is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. However, in the aforementioned cases, the Seller is in any case entitled to appeal to the court at the Customer's seat.

13) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.