General Terms and Conditions (BE) | Whisky.de

General Terms and Conditions (GTC) - be.whisky.com

You can also reach our customer service via the above contact details.

§1 Scope of application

(1) These terms and conditions (hereinafter GTC) apply to all orders you place within the Belgian online shop (https://be.whisky.com/shop) of:

Whisky.de GmbH & Co. KG
Am Grundwassersee 4
D-82402 Seeshaupt
Directors: Benedikt Lüning, Theresia Lüning

(2) The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.

(3) Our delivery, services and offers are exclusively governed by these General Terms and Conditions. The GTC sshall therefore also apply to all future business relations with companies, even if there is no explicit agreement expressed again. The inclusion of a customer's terms which contradict our terms is hereby already objected to.

(4) The contractual language is German exclusively.

(5) You can view and print the currently valid version of the GTC on the website. In addition, you can download these GTC as a PDF during check-out.

§2 Consumer, scope of the order

(1) Our offer is directed at consumers. A consumer is any natural person, where the order is not intended for purposes related to the commercial, business, craft or professional activity (cf. Art. 1649bis, §1, 1° old Civil Code (BW) and Art. I.1, 2° Economic Law Code (WER)).

(2) Please note that the following regulations regarding the return costs and the right of withdrawal only apply to orders from consumers in the aforementioned sense. In particular, the statutory right of withdrawal does not apply to commercial resellers. We reserve the right not to accept orders that exceed one bottle per product or are obviously intended for resale.

§3 Information on the conclusion of the contract

(1) The presentation of goods in the online shop does not represent a binding application for the conclusion of a sales contract. Rather, it is a non-binding invitation to order goods in the online shop.

(2) By clicking the "Order now" button in the last step of the checkout, you submit a legally binding purchase offer (Article 5.19 of the Civil Code). Right before placing this order, you can review your order once more and correct it if necessary.

(3) After your purchase offer was submitted to us, you will receive an automatically generated e-mail with which we confirm that we have received your order (confirmation of receipt). However, this confirmation does not yet constitute acceptance of your offer of purchase. A binding contract is not yet concluded by this confirmation of receipt.

(4) A binding purchase contract is only concluded when we explicitly declare acceptance of the purchase offer (order confirmation) (Art. 5.20 DCC). A shipping confirmation of the goods is considered as an order confirmation. Your request can only be accepted by us up to the point in time at which you may expect the receipt of the response under regular circumstances (§ 147 para. 2 BGB). Exception: in case of payment in advance or direct payment during checkout (e.g. PayPal, GiroPay), acceptance of the order takes place immediately with receiving your order.

(5) The appearance of the bottles may differ from the photos shown. The flavour descriptions on the website and in the videos are non-binding.

(6) Orders are only possible in household quantities.

§ 4 Prices

The prices stated on the product pages include the statutory VAT and other price components and are exclusive of the respective shipping costs and any cash on delivery charges.

For more information on shipping costs, please visit our website at shipping fees and delivery times.

§ 5 Conditions of payment

(1) We accept following payment methods:

Bancontact
PayPal
Credit card
Apple Pay
Advance payment
G Pay (Google Pay)

We ask for your understanding if we may request a different payment method (such as prepayment or cash on delivery) on the basis of creditworthiness or internal risk control.

(2) The eventual selection of the available payment methods rests with us. In particular, we reserve the right to offer you only selected payment methods, for example only advance payment, to safeguard our credit risk.

(3) When paying by credit card, the purchase amount will be debited from your credit card upon completion of the order.

(4) When paying by PayPal, you will be forwarded to the website of the online provider PayPal during the ordering process. To pay the invoice amount with PayPal, you must be registered there or register there first, identify yourself with your access data and confirm the payment to us. After placing the order in the shop, we request PayPal to carry out the payment transaction. You will receive more information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards, except if you have chosen the options offered by PayPal for 'later payment' (PayLater) or payment in instalments. This means that you do not have to pay until after the goods have been dispatched.

(5) In the case of payment by direct debit, you must bear any costs incurred as a result of a refund caused by an insufficient balance or bank details provided by you being incorrect.

(6) When paying by Bancontact or direct bank transfer (Klarna), you will be forwarded to the website of the respective online provider before completing the ordering process. There, you can log in with your online banking access data at your bank and approve the payment directly via your online banking's normal credentials.

(7) When paying by Apple Pay or G-Pay, the purchase amount is settled with your Apple Pay or G Pay account upon completion of the order process. To use these payment methods, you will need a corresponding account with the respective provider and must store a payment method there (such as bank details or credit card). Using Apple Pay also requires the use of an Apple device. You will receive more information from the providers.

(8) When selecting the payment method in advance, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receiving the order confirmation.

(9) If you do not pay on time, you will be obliged to pay default interest of 5% on top of the basic amount. For each reminder sent after the start of the arrears, we may charge a reminder fee of 1 euro, provided that in individual cases no higher damage can be proven. The very first reminder does not include a reminder fee.

Further information on payment methods can be found in the online shop under the heading payment methods.

§ 6 Offset / right of retention

(1) You are only entitled to set-off (§ 5.254(1) and § 2.255 BW) if our claim and your counterclaim concern the payment of a sum of money or the delivery of a certain quantity of fungible goods of the same kind. Moreover, both obligations must be certain, even and due.

(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 7 Delivery, title retention

(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address provided by you. Delivery will be made within approx. 1-5 working days (Mon. - Fri. with the exception of public holidays in Bavaria) after receipt of order. If it is necessary to reorder goods that are not in stock, the delivery time is 1-2 weeks. If you haven't received your goods within one week, please check with your post office or postal agency. In most cases, the parcel is already waiting for you there. If you have provided us with an e-mail address within the ordering process, you will receive a dispatch notification as soon as the goods have left our premises.

(2) Delivery is only possible within Belgium.

(3) The goods shall remain our property until the purchase price has been paid in full.

(4) The delivery of ordered goods is subject to the availability of the goods. If the goods are not available when placing the order, the customer will receive a notification with the expected delivery date and the order will be reserved by us. As soon as the goods are back in stock, they will be dispatched to the customer without any further notification. If an item cannot be restocked, in particular when stock of goods marked as limited has been exhausted (e.g. certain batches / bottling years), we shall inform the ordering party. Payments already made will then be refunded immediately.

(5) The sale of whisky and spirits to minors is prohibited by law. As a new customer, therefore please state your date of birth. In the case of delivery of spirits or other items that are subject to legal sales restrictions, the goods will only be handed over to recipients who meet the legal requirements. We reserve the right to check the age by providing/presenting the identity card or passport when the order is placed and when the goods are handed over by the delivery service.

(6) As an exception, we are not obliged to deliver the ordered goods if we have duly ordered the goods on our part but have not been supplied correctly or on time (congruent covering transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. In the event of corresponding unavailability of the goods, we will immediately reimburse you for any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for goods which are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.

(7) For items marked with an earliest delivery date in the online shop and in the order process (stock note "expected to be available from"), in addition to the above points, it applies in particular that even in the case of a legally valid conclusion of a purchase contract, a delivery obligation exists starting from the delivery date announced in the order only.

§ 8 Information on the right of withdrawal

Right of withdrawal

As a consumer, you have the right to withdraw from this contract within 14 days, without giving reasons (art. VI.47, §1 WER).

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took physical possession of the last goods (art. VI.47, §2, 2° WER).

To exercise your right of withdrawal, you must notify us (Whisky.de GmbH & Co. KG, Am Grundwassersee 4, D-82402 Seeshaupt, telephone: +49 88 01 - 30 20 000, fax: +49 (0) 88 01 - 26 37, e-mail address: info@whisky.com), by means of an unequivocal statement (e.g. a letter sent by post, a fax or e-mail), of your decision to withdraw from this contract. You may use the withdrawal form provided for this purpose, which is not obligatory however.

In order to comply with the withdrawal period, it is sufficient that you send us the notification that you excersie your right of withdrawal before the expiry of the withdrawal period (Art. VI. 49 WER).

Consequences of withdrawal

If you withdraw from this contract, we will refund to you all payments we have received from you, including the delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which the notification about your revocation of this contract was received by us (Art. VI.50, §1 WER). For this refund, we will use the same means of payment, which you used for the original transaction, unless expressly agreed otherwise. Under no circumstances will we charge for this refund. We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day you informed us about the revocation of this contract (Art. VI.51, §1 WER). The deadline is met if you send the goods before the expiry of the 14-day period. You shall bear the direct costs of returning the goods. You only have to pay the depreciation of the goods if this depreciation is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods (art. VI.51, §2 WER).

End of the information on the right of withdrawal

(1) The right of withdrawal shall not apply to the delivery of:

sealed goods, which are not suitable for return on the basis of health protection or hygiene, if the seal has been removed after delivery (Art. VI.53, 5° WER)
goods which after delivery, based on their quality, are inseparably mixed with other goods (art. VI.53, 6° WER)
alcoholic beverages, the price of which is subject to fluctuations on the financial market over which we have no influence and which may occur within the revocation period (art. VI.53, 2° WER)

(2)Please avoid damage and contamination. If possible, please return the goods to us in the original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging in order to avoid claims for damages due to insufficient packaging.

(3) Please send us an e-mail or call us at +49 (0) 8801 30 20 000 before returning any goods to announce the return. By doing so, you will enable us to allocate the products as quickly as possible.

(4) Please note that the modalities mentioned in the above paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.

§ 9 Transport damage

(1) If goods are delivered with clearly recognisable transport damage, you must report such faults to the transport company immediately and contact us as soon as possible.

(2) Failure to file a complaint or contact us does not affect your legal statutory warranty rights. However, you will help us assert our own claims against the transport company or insurance company.

§ 10 Warranty

(1) The statutory warranty provisions apply (cf. Art. 1649quater ff. old Civil Code).

(2) The consumer must notify Whisky.de of the conformity defect within two months from the day on which the consumer discovered the defect (art. 1649quater, §2 old Civil Code).

§ 11 Terms & Conditions Whisky.com Club

(1) Participation in the Whisky.de/Whisky.com Club is effected by ordering membership including Club bottle and is valid, from the acceptance of the order by us, for a period of 12 months. Your participation ends automatically if you do not renew it within the 12 months. This is not a membership of an association and you do not take out a subscription. The Whisky.de Club is no subscription, you do not incur any liabilities or obligations. You pay a EUR 60 participation fee (repeatedly, at each renewal) and are then entitled to the Club services according to the following terms and conditions with the restrictions included. Please note that your Club membership is bound to the customer account with which it was ordered. It is not possible to transfer Club benefits to other customer accounts.

(2) Your Club membership includes the delivery of a bottle of Scotch single malt whisky, chosen by Whisky.de, with a retail value of approximately EUR 50. Whisky.de is entitled to supply a substitute product instead of the bottle specified on the Internet.

(3) During your club participation you will receive a 5% discount on the order value (value of goods incl. VAT without shipping costs, delivery fees, etc.) on every order in the Whisky.de Shop. The only exceptions constitue the monthly special offers, low prices and books. They cannot or may not be discounted. Other goods that are placed in the shopping basket with the application for Club membership are already eligible for discount - a separate order for Club membership is therefore not necessary.

(4) lub renewal: Participation ends automatically if you do not renew it. A Club renewal takes place in the same way as the initial participation. If you already have a Club membership, this will be extended for a further 12 months. A membership renewal is only possible if more than 90 days have passed since the last membership order and the remaining term of your existing membership is less than one year.

(5) Participation restrictions: Whisky.de is free to accept an application for participation. There is no entitlement to admission to participating in The Whisky Club. Membership is exclusively reserved for consumers. The benefits for participants are only intended for orders for personal use. Collective buyers, legal entities (e.g. limited liability company or a registered association) and natural persons as buyers who apparently order for commercial purposes, in particular resellers, are not admitted to participation. A discount that has been granted does not entitle the holder to renewed discounts.

(6) Early termination of Club membership: If Whisky.de determines that the participation requirements are not met, a requested participation may be refused or a participation that has begun may be terminated prematurely. The participant has the right to terminate participation at any time. Termination shall be effected by a simple notification in text form. Fulfilled orders and granted benefits remain unaffected unless they were fraudulently obtained. A claim to benefits not yet granted does not exist after termination of participation.

§ 12 Alternative dispute resolution

We strive to reach an agreement with the customer at all times. Please use our service contact at info@whisky.com or via our other specified contact options.

The European Commission provides an online dispute resolution (OS) platform with more information, which can be accessed online at: https://ec.europa.eu/consumers/odr/.

However, we do not participate in any formal dispute resolution procedure by consumer mediation bodies.

§ 13 Intellectual property rights

We hold copyrights and/or exclusive usage rights to all digital content, in particular to all images, films and texts published in our online shop. Any use or extraction of this digital content is not permitted without our express consent.

§ 14 Final clause

(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the other provisions.

(2) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the consumer law of the country of your habitual residence (for Belgium, inter alia, Articles 1649a-1649nonies old Civil Code) shall remain unaffected by the choice of law (in particular with regard to the conclusion of the contract and warranty rights).

(3) Place of performance for all services of Whisky.de GmbH & Co. KG shall be Seeshaupt, insofar as the customer acts as a company or legal entity under public law.

(4) If the customer is a company or a legal entity under public law, Munich (Germany) shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship with the customer or from these GTC.

Status: 15.12.2022

Notice on Copyright: The General Terms and Conditions are partly based on an example from the Bundesverband E-Commerce und Versandhandel Deutschland e.V., provided by HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13, 10115 Berlin, tel. +49 (030) 28 30 57 40, Fax +49 (030) 28 30 57 4