General Terms and Conditions of Business
§ 1 Scope of Application
(1) These Terms and Conditions of Ralf Schirmer – RAPID WHISKEY TRAIN – hereinafter referred to as: “RWT” – shall apply to all contracts concluded by the Customer with RWT with regard to the products and/or services presented in this store. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
(2) Customers within the meaning of Section 1 (1) shall be both consumers and entrepreneurs, whereby a consumer shall be any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity. In contrast, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 2 Conclusion of contract
(1) The presentation of the Products shall not constitute a binding offer by RWT, but a non-binding invitation to the Customer to place an order with RWT.
(2) By ordering a Product by filling in and sending the online form on the Internet, the Customer submits a binding offer to conclude a contract. By sending the order to RWT, the Customer affirms that he has unlimited legal capacity. RWT shall not be obliged to accept the Customer’s offer. Confirmation of receipt of the Customer’s order shall not constitute acceptance of the Customer’s offer.
(3) RWT shall be entitled to accept this offer within a period of seven calendar days by sending an order confirmation or by sending the ordered goods. The order confirmation shall be sent by e-mail. After fruitless expiry of the deadline, the offer shall be deemed to have been rejected.
§ 3 Prices
The prices stated by RWT are final prices including taxes. Any additional delivery and shipping costs shall be indicated separately in the context of the respective presentation.
§ 4 Terms of Payment
(1) RWT offers the following payment options:
– Bank transfer in advance
(2) If advance payment has been agreed, payment shall be due upon conclusion of the contract.
(3) Self-collection shall be excluded.
§ 5 Delivery/Shipping Conditions; Return Costs
(1) Goods are regularly delivered by shipping and to the delivery address specified by the customer. The delivery address provided by the Customer to RWT shall be decisive in the processing of the transaction.
(2) The specific shipping costs shall be indicated on the respective product page.
(3) If delivery to the Customer is not possible, the commissioned transport company shall return the goods to RWT, whereby the Customer shall bear the costs for the unsuccessful delivery. This shall not apply if the Customer was temporarily prevented from accepting the offered service, unless RWT had given the Customer reasonable prior notice of the service or if the Customer hereby exercises its right of revocation.
(4) In the event of an effective revocation, you shall bear the regular costs of the return shipment.
§ 6 Warranty
Liability for defects shall be governed by the statutory provisions.
§ 7 Limitation of Liability
(1) RWT shall be liable for intent and gross negligence. Furthermore, RWT shall be liable for the negligent breach of obligations the fulfilment of which is essential for the proper performance of the contract, the breach of which endangers the achievement of the purpose of the contract and the observance of which you as the Customer regularly rely on. In the latter case, however, RWT shall only be liable for the foreseeable damage typical for the contract. RWT shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.
The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act shall remain unaffected.
(2) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times in accordance with the current state of technology. In this respect, RWT shall not be liable for the continuous or uninterrupted availability of our online trading system.
§ 8 Final Provisions
(1) All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods (United Nations Convention on Contracts for the International Sale of Goods; CISG). In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of RWT. The same shall apply if the Customer does not have a general place of jurisdiction in Germany or the EU or if the Customer’s place of residence or habitual abode is unknown at the time the action is brought.
(3) Should individual provisions of this contract be invalid or contradict the statutory regulations, this shall not affect the remainder of the contract. The ineffective provision shall be replaced by the contracting parties by mutual agreement by a legally effective provision which comes closest to the economic sense and purpose of the ineffective provision. The above provision shall apply mutatis mutandis in the event of loopholes.