Terms and Conditions
1. Scope of application
(1) These General Terms and Conditions (hereinafter referred to as: GTC) apply for all contracts concluded via the online shop at www.faude-feine-braende.com between FAUDE feine BRÄNDE, Florian Faude, Hausbrennerei Kaiserstuhl/Baden, Bergstraße 18, 79268 Bötzingen (hereinafter referred to as FfB), and the Customer. The GTC apply irrespective of whether the Customer is a consumer, businessperson, or trader.
(2) The version of the GTC valid at the time of conclusion of the contract is authoritative.
(3) FfB does not accept any alternative conditions of the Customer. This also applies if FfB does not expressly object to the inclusion of such conditions.
2. Conclusion of the contract
(1) By displaying and advertising articles in the online shop, FfB does not submit any binding offer to sell specific articles.
(2) In submitting an order via the online shop by clicking the ‘place order’ button, the Customer submits a legally binding order. The legal regulation of Section 147 Paragraph 2 of the German Civil Code (BGB) applies to the period for which the Customer is bound to his/her/their order.
(3) FfB will confirm receipt of the Customer’s order submitted via the online shop immediately by email. Such an email does not constitute binding acceptance of the order unless the email expressly states acceptance of the order in addition to confirmation of receipt.
(4) A contract is not concluded until FfB accepts the Customer’s order. Acceptance of the contractual offer is declared by delivery of the goods or an express declaration of acceptance.
(5) Orders for international deliveries can only be accepted above a minimum order value. The minimum order value is specified in the price information provided in the online shop.
3. Prices and delivery costs
(1) All price details in the online shop are gross prices which include statutory value-added tax. Any delivery costs are to be paid by the Customer in addition.
(2) The delivery costs are specified in the price details in the online shop. This price including value-added tax and any delivery costs due will also be displayed on the order screen before the customer submits the order.
(3) If FfB fulfils the order in part deliveries pursuant to Section 5 Paragraph 1, delivery costs will only be incurred for the Customer for the first part delivery. If the part deliveries are made at the request of the Customer, FfB will calculate delivery costs for each part delivery.
4. Terms of payment
(1) Payment of the purchase price and the delivery costs is due upon conclusion of the contract.
(2) The Customer can pay the purchase price and the delivery costs by PayPal or cash on delivery, or grant FfB direct debit authority. In this case, the account will be debited on the date specified in Paragraph 1. The direct debit authority also applies to further orders until it is withdrawn.
5. Terms of delivery and reservation of payment in advance
(1) FfB is entitled to make part deliveries provided this is reasonable for the Customer.
(2) Delivery times are approximate. The delivery time is approximately five (5) to seven (7) working days unless a different delivery time is specified in the online shop for the desired article before the order is submitted. The delivery time begins – subject to the provision in Paragraph 3 – upon sending of the confirmation email by FfB.
(3) For orders from Customers with a residential or business address abroad or where there is reason to suspect risk of non-payment, FfB reserves the right to withhold delivery until receipt of the purchase price plus delivery costs (reservation of payment in advance). If FfB makes use of the reservation of payment in advance, FfB will inform the Customer of this without delay. In this case, the delivery time begins upon payment of the purchase price and the delivery costs.
6. Self-supply clause and retention of ownership
(1) If FfB is unable to deliver an ordered item on time or at all for reasons not attributable to FfB as the result of a missing, delayed, or incorrect order from a supplier, FfB will be entitled to withdraw from the obligation to deliver. If the Customer can prove to have ordered as a consumer (Section 7 Paragraph 1), FfB is obliged to inform the Customer immediately about the unavailability of the item and to reimburse the Customer for any service rendered in return without delay.
(2) The items delivered remain the property of FfB until full payment of the purchase price.
7. Material defects and legal defects
In the event of material or legal defects in the items delivered, the Customer will be entitled to all rights prescribed by law, however with the proviso that the restrictions and exclusions specified in Section 8 apply to claims for damages or compensation for wasted expenses.
(1) FfB is liable to the Customer in all cases of contractual and non-contractual liability in the event of intent and gross negligence to the extent of the legal provisions for damages or compensation for wasted expenses.
(2) In other cases, FfB will be liable – unless specified otherwise in Paragraph 3 – only in the event of a breach of a contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which you, as the Customer, may regularly rely (known as the cardinal obligation), and limited to the compensation of the foreseeable and typical damage. In all other cases, our liability is excluded subject to the regulation in Paragraph 3.
(3) Liability for damages arising from injury to life, body, or health and in accordance with the German Product Liability Act (Produkthaftungsgesetz) remain unaffected by the above liability restrictions and exclusions.
10. Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany applies with the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the Customer submitted the order as a consumer and had their habitual residence in another country when the order was placed, the application of mandatory legal provisions of this country remains unaffected by the choice of law specified in Sentence 1.
(2) If the Customer is a businessperson and is based in Germany at the time the order is placed, the sole place of jurisdiction is the headquarters of FfB. In all other respects, the applicable statutory provisions apply with regard to local and international jurisdiction.