Terms and Conditions & Privacy Policy

Terms and conditions

§ 1 General

These General Terms and Conditions of Business (as amended) shall apply to business relationships of any kind between Avantgarde Spirits Company GmbH, Bismarckstr. 53, 50672 Köln, Germany and the customer.
Contrary conditions deviating from our terms and conditions will not be acknowledged unless we have expressly and in writing given our consent in regards to their validity. Our terms and conditions also apply when we do deliver implicitly, although being informed of a contrary and deviating condition.
The Avantgarde Spirits Company GmbH operates for commercial purposes under the website http://en.avantgarde-spirits.com an online shop for alcoholic drinks and accessories.
The customer / buyer has the option to select products on the website from the respective range of the Avantgarde Spirits Company GmbH and order.

§ 2 Conclusion of contract

The product display in the online store does not constitute a legally binding offer; instead it is merely a non-binding online catalogue of the range of products available.
In case of an order in the online-shop, the customer makes a binding offer once he has clicked on the button “order now” for all items in the shopping cart.
Before delivery, we enable the customer to review and, if necessary, correct the order regarding its correctness and the data of value and quantity. After sending the order, the customer receives an order confirmation (= confirmation of order reception) which is not to be considered our accepting of the contract. The contract is concluded through sending of a separate order confirmation within one working day or via delivery of the goods.
Delivery within the Federal Republic of Germany will be free of shipping costs starting from a purchase order value of € 100.00. For deliveries with a purchase order value of under € 100.00 we charge a surcharge for small quantities of € 7.00.

§ 3 Statutory right of withdrawal

Statutory right of withdrawal

If the customer is a consumer (as per § 13 of the German Commercial Code), he/she shall be entitled to withdraw from this Contract within fourteen (14) days without giving any reason for doing so. The deadline for withdrawal shall be fourteen (14) days from the date on which the customer or a third party appointed by the customer, who is not the carrier, takes possession of the final goods delivered.
In order to exercise the statutory right of withdrawal, the customer must notify us of his/her decision to withdraw from this Contract in a clear declaration (e.g. by sending a letter by mail, fax or email):

Avantgarde Spirits Company GmbH
CEO: Tarkan Baskentli
Hertzstraße 6
50859 Köln
Germany

Tel: +49 221 95279933
Fax: +49 221 95279911
E-Mail: info@avantgarde-spirits.com
Internet: http://en.avantgarde-spirits.com

The customer may use the withdrawal form template for this purpose; however, this is not obligatory.
The withdrawal deadline shall be deemed to be met if the customer sends the communication concerning the exercise of the right of withdrawal before the expiry of the deadline.

Consequences of withdrawal

If the customer withdraws from this contract, we must reimburse any payments we have received from the customer, including delivery costs (excluding any additional costs incurred if the customer has selected a different type of delivery to the cheapest standard delivery option offered by us) without delay, but no later than fourteen (14) days after the day on which we receive the notice of the customer’s withdrawal from this Contract. We will use the same payment method the customer used for the original transaction in order to provide the reimbursement, unless otherwise expressly agreed; under no circumstances will the customer be charged a fee for this refund. We may withhold the reimbursement until we have received the returned goods or until the customer has provided proof that he/she has returned the goods, whichever is earlier.
The customer must return or hand over the goods to us without delay and no later than fourteen (14) days from the date on which he/she notifies us of withdrawal from this contract. The deadline is deemed to be met if the customer sends the goods before the expiry of the fourteen-day deadline. We shall bear the costs of returning the goods.
The customer shall only be liable for any diminished value of the goods if this loss in value is attributable to any use or handling of the goods which is not deemed necessary in order to verify the condition, features and functioning of the goods.

Exclusions from the statutory right of withdrawal

The statutory right of withdrawal shall not apply in the following cases:
– delivery of goods which are not prefabricated and have been manufactured on the basis of a personal choice or according to customer specifications, or of goods which have clearly been tailored to the customer’s personal requirements.
– delivery of sealed goods which are not suitable to be returned for reasons relating to health protection or hygiene if their seal has been removed after delivery.
– delivery of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery.
– delivery of newspapers, journals or magazines, excluding subscription contracts.

§ 4 Delivery and transport

If the customer is a business (as per § 14 German Civil Code), delivery shall generally take place at the customer’s risk. This also applies for partial deliveries. If the customer is a consumer within the meaning of § 13 German Civil Code, the risk of accidental loss and accidental deterioration of the sold goods shall only pass to the customer upon handover of the item, even in case of sales involving the carriage of goods. Handover shall be deemed to have taken place even if the buyer delays in accepting the goods. Delivery shall be to the delivery address specified by the customer.
All prices are cash prices and include VAT plus any applicable charges for packaging and carriage.
Domestic deliveries within Germany are priced at € 7.00 per order. For orders in excess of € 100.00 we will post goods within Germany free of shipping costs. The international shipping charges are available under http://en.avantgarde-spirits.com/support-service/. Additional customs duties and charges for deliveries to countries outside the EU (third countries) shall be borne by the customer.
The goods must be thoroughly inspected by the customer or an authorised individual upon receipt in order to detect any transportation damage if the customer is a merchant within the meaning of the German Commercial Code. Customers who are merchants within the meaning of the German Commerical Code must ensure that any transportation and packaging damage detected is confirmed in writing by the carrier upon delivery and reported. We also ask, without legal obligation, that customers who are consumers notify us of any clearly identifiable transportation damage.

§ 5 Act of nature beyond control – Non delivered products

Obstacles beyond the freight forwarder’s control relieve him, for their duration, from the duties that are affected by these obstacles. Obstacles can be strikes and lockouts, force majeure, riots, war or terroristic acts, administrative measures as well as other unforeseeable, unavoidable and major events. These events can also be deemed unforeseeable and unavoidable (such as, f. e., delay in delivery by subcontracting companies, lack of raw material or energy, considerable operational disturbances due to, f. e., the complete or partial destruction of the business or the breakdown of an indispensable manufacturing plant), when they would make the delivery unreasonably hard or temporarily impossible.
In case of an exempted obligation to perform, every contractual party is obliged to immediately notify the other party and to reduce the repercussions on the other party as much as possible.
If the performance is permanently impossible, the customer’s statutory rights remain unaffected.

§ 6 Legal age – proof of age

To purchase products from us you must be over 18 and possess a valid credit or debit card issued by a bank acceptable to us. The age will be checked on delivery. If it is not possible for the distributor to check the proof of age the goods cannot be delivered. The buyer / customer or his legal representative has to replace any damage to Avantgarde Spirits Company GmbH.

§ 7 Payment terms

You can pay for your goods in various ways as set out below:
Prepayment, Cash on delivery, Credit Cards, Paypal and Amazon Payments

Prepayment

Avantgarde Spirits Company GmbH
Sparkasse Köln Bonn
IBAN: DE42370501981932403783
BIC: COLSDE33XXX
Add your reason for transfer

Cash on delivery

By a cash on delivery, you pay directly with the delivery by the parcel service. Payments with credit cards are being charged to your account with the dispatch of the goods.

PayPal

In case of payment by Paypal, please log into your Paypal-account. Afterwards you are free to pay via debit entry, credit card, online wire transfer (through giropay) or deduction from your Paypal account. To pay with your credit card or deduction, you will need to enable these functions in your Paypal account. Further information regarding the Paypal-payment procedures can be viewed here http://www.paypal.com.

§ 8 Validity of prices

The prices displayed at avantgarde-spirits.com include the statutory Value Added Tax but do not include a delivery charge. Unless otherwise specified, the Supplier shall be bound to the prices contained in its offers for 30 days from their date.

§ 9 Retention of title

In the case of contracts with consumers we retain the ownership of the goods up until the complete payment of the agreed compensation.
Regarding contracts with business clients, we reserve the right of ownership of the goods until after the settlement of all claims on the client, even if the actual goods have been paid already.
Until such time as the property ownership has been transferred, the customer has to inform us immediately in writing if the delivered goods are impounded, or exposed to other interventions of third parties. Unless third parties are incapable of reimbursing our judicial and extrajudicial costs for an action as per § 771 ZPO, the customer shall be liable for any expenses defrayed by our company.

§ 10 Warranty and claim

Avantgarde Spirits Company shall be liable for damage arising from causes other than the detriment to life, body and health only to the extent that such damage arises from willful misconduct, gross negligence or the culpable violation of a fundamental contractual obligation on the part of Avantgarde Spirits Company or a vicarious agent (e.g. the delivery service) of Avantgarde Spirits Company. Any further liability for damages shall be excluded. The provisions of the German Product Liability Act shall remain unaffected. In the event of a negligent breach of a material contractual obligation, the liability of Avantgarde Spirits Company shall be limited to foreseeable damage.
If the customer accepts the goods or the object of the order despite being aware of a defect, the buyer / customer shall only be entitled to assert warranty claims to the extent described below if he / she has expressly reserved the right here to in writing immediately after receiving the goods.
Warranty claims on the grounds of transportation damage may only be asserted by the customer if the obligation to inspect and report in accordance with § 2 item 4 has been fulfilled. This does not apply if the customer is a consumer.
Warranty formalities shall otherwise be carried out in congruence with the legal regulations.

§ 11 Our liability and guarantee

If there are defects in the goods you have purchased, Avantgarde Spirits Company abides by all statutory guarantee regulations. If you have a complaint regarding obvious material or manufacturing faults in goods that we have supplied, including damage incurred in transit, please let us know by returning the goods to us without delay by using the provided pre-printed return form.

§ 12 Liability for damages

Our liability for contractual breaches of duty as well as for offences is limited to premeditation and gross negligence. This shall not apply for damages arising from injury to life, body or health. Unaffected by this remains also the liability, where a cardinal obligation has been violated, i.e. an obligation whose fulfillment is a prerequisite for enabling the proper fulfillment of the contract in the first place and in which the customer may normally trust; as well as default cases (§ 286 BGB – German Civil Code). The imperative provisions of the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.

§ 13 Data Protection Regulations

Any personal information or material sent to the Avantgarde Spirits Company website are subject to the Avantgarde Spirits Company policy on privacy and protection of personal data set out in the Privacy Notice located at the bottom of this page.

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. In case of activation of the IP anonymization, Google will truncate/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. On behalf of the website provider Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to the website provider. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this website. Furthermore you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout?hl=en-GB.

You can refuse the use of Google Analytics by clicking on the following link. An opt-out cookie will be set on the computer, which prevents the future collection of your data when visiting this website:
Disable Google Analytics

Further information concerning the terms and conditions of use and data privacy can be found at http://www.google.com/analytics/terms/gb.html or at https://www.google.de/intl/en_uk/policies/. Please note that on this website, Google Analytics code is supplemented by “anonymizeIp” to ensure an anonymized collection of IP addresses (so called IP-masking).

(Source: www.datenschutzbeauftragter-info.de)

§ 14 Company information

Avantgarde Spirits Company GmbH
Registered Office: Hertzstraße 6
50859 Köln

Tel: +49(0) 221/ 95279933
Fax: +49(0) 221/ 95279911
E-Mail: info@avantgarde-spirits.com

CEO: Tarkan Baskentli
Registered number: HRB 83453 no. 215/ 5803/ 1464
VAT: DE298834410
Internet: en.avantgarde-spirits.com

§ 15 Image rights

All image rights belong to the Avantgarde Spirits Company GmbH and their business partners. Use without permission of Avantgarde Spirits Company GmbH is not allowed. An infringement of the copyright is prohibited and will be prosecuted.

§ 16 Jurisdiction – Place of performance

Insofar as nothing else is stated in this contract, our registered office (Cologne) shall be the place of fulfillment and the place of payment.
The law of the Federal Republic of Germany shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Should the purchaser also be the consumer, this only applies to the extent that they do not lose the protection of binding legal provisions of their state of usual residence.
For contracts with merchants, bodies corporate under public law or bodies with special assets under public law, the court of our registered office is the exclusive place of jurisdiction in Cologne (Local/ Small Claims Court or Superior/ District Court).

§ 17 Closing provision

If any of these provisions cannot be applied for whatever reason, this shall not affect the validity of the remaining provisions.

Version from November 2015

Privacy Policy

1.) Responsible place for the transaction of business

Avantgarde Spirits Company GmbH will comply with all applicable laws and regulations regarding the protection of personal information and will take thorough measures to protect customers’ valuable personal information.

This Privacy Policy describes the way in which Avantgarde Spirits Company GmbH collects, processes and uses, as well as protects according to the German Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG) the data you provide us with when using our website.

Avantgarde Spirits Company GmbH
Hertzstraße 6
50859 Köln
Telefon: 0221- 95279933
E-Mail: info@avantgarde-spirits.com

2.) Contractual relationships with partners / third parties

Our website cooperates with various service providers (e.g. parcel tracking, display of magazine test reports, safe credit card payment, paypal or amazon payments). Via the website referred to, our customers can, for example, access the online products and services of partner companies.
By using the services of the service providers, users of the website enter into a contractual relationship with the respective service provider that is governed by the corresponding contractual terms and conditions of the service provider. The sole responsibility for the legality and content of the services offered on the websites of the partner companies lies with the respective partner company whose contents are accessed via our website.
By using the Avantgarde Spirits Company services of a service provider, contractual relationships are created only between the respective partner company and the user, in accordance with the terms and conditions applicable to such contractual relationship.

We save and process your personal data only to the extent required to fulfil our contractual and legal obligations to you. Where we wish to use your data for further purposes, such as informing you of current offers, we will obtain your explicit consent. You may revoke such consent at any time without any formal requirements. For example, you may send your revocation to the following address:

Avantgarde Spirits Company GmbH
Hertzstraße 6
50859 Köln
Germany

In the event of your revocation, we will immediately discontinue any additionally permitted use of your data. Please understand that the processing of your revocation may in individual cases take up to 3 working days after receipt.

3.) How long will your data be stored?

We will only keep your data for as long as necessary to carry out our services to you or as long as we are required by law. After this your personal data will be deleted. We cannot remove your data when there is a legal storage requirement, such as book keeping rules or when there is a legal ground to keep the data, such as an on-going contractual relationship.
Non-personal data is used as described above and in other ways as permitted by applicable laws, including combining non-personal data with personal data.

4.) SAVED information when visiting our website

During your visit to our website we use cookies.
Cookies are small text files that are stored by your browser on your computer hard drive.

Any personal information or material sent to the Avantgarde Spirits Company website are subject to the Avantgarde Spirits Company policy on privacy and protection of personal data set out in the Privacy Notice located at the bottom of this page.

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. In case of activation of the IP anonymization, Google will truncate/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. On behalf of the website provider Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to the website provider. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this website. Furthermore you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout?hl=en-GB.

You can refuse the use of Google Analytics by clicking on the following link. An opt-out cookie will be set on the computer, which prevents the future collection of your data when visiting this website:
Disable Google Analytics

Further information concerning the terms and conditions of use and data privacy can be found at http://www.google.com/analytics/terms/gb.html or at https://www.google.de/intl/en_uk/policies/. Please note that on this website, Google Analytics code is supplemented by “anonymizeIp” to ensure an anonymized collection of IP addresses (so called IP-masking).

(Source: www.datenschutzbeauftragter-info.de)

5.) Data Security & How do we protect your data?

No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to us is done at your own risk. That said, once we receive your transmission, we have technical and organizational measures in place to help protect your data from loss, manipulation, unauthorised access, etc. We continually adapt our security measures in line with technological progress and developments.

6.) Update of the Privacy Policy

Please check the Privacy Policy before you use our service because Avantgarde Spirits Company GmbH may update this Privacy Policy from time to time. If you have any comments or questions regarding this Privacy Policy or any other guidelines on this website, please contact us in writing

Version from November 2015.