§ 1 General
These General Terms and Conditions of Business (as amended) shall apply to business relationships of any kind between Avantgarde Spirits Company GmbH, Hertzstr. 6, 50859 Cologne, 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 https://avantgarde-spirits.com an online shop for alcoholic drinks and accessories.
The customer 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 €35.00 (EU €80.00). For deliveries with a purchase order value of under €35.00 (EU €80.00) we charge a surcharge for small quantities of €5.00 (EU €15.00).
§ 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
Tel: +49 221 95279933
Fax: +49 221 95279911
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 € 50.00 we will post goods within Germany free of shipping costs. The international shipping charges are available under https://avantgarde-spirits.com/shipping-costs/. 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 authorized 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 Commercial 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 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 Bank Transfer
Add your reason for bank 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.
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 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 offenses 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
Avantgarde Spirits Company will exclusively collect, process and save all personal data communicated by the customer (title, name, address, date of birth, email address, phone number, fax number, bank details, credit card number) according to the provisions of EU General Data Protection Regulation (GDPR). The customer’s personal data, insofar as this is necessary for establishing, configuring content or modifying the contractual relationship (master data) will exclusively be used to handle purchase agreements concluded between the customer and Avantgarde Spirits Company, for instance to deliver goods to the address indicated by the customer. The legal basis for data collection is therefore Art. 6 Para. 1 b) and f) GDPR. The customer’s personal data that is required in order to accept and settle the offer (usage data) will also exclusively be used to settle purchase agreements concluded between the customer and Avantgarde Spirits Company. Such usage data particularly includes characteristics that identify the customer as a user, information regarding the start, end and scope of the respective usage and information about the telecommunications media utilized by the customer as user. Data will initially be stored for as long as is required for its purpose. However, the maximum storage period is 10 years from the time of recording or the last data reconciliation, depending on the last data processing operation. If there has been no data reconciliation for more than 10 years (i.e. no online order), the data will be erased from the central system. The customer has the right to access his personal data that has been collected, processed and used at any time. The data protection obligations from Art. 15-21 will be complied with in full. Requests for access are to be sent to firstname.lastname@example.org.
The customer has also been informed in detail about the type, scope, location and purpose of the collection, processing and use of the personal data required to fulfil orders and his right to object to the use of the anonymized user profile for the purposes of advertising, market research and the needs-oriented design of the service.
§ 14 Company information
Avantgarde Spirits Company GmbH
Registered Office: Hertzstraße 6
Tel: +49(0) 221/95279933
Fax: +49(0) 221/95279911
CEO: Vivienne Gruica
Registered number: HRB 83453
§ 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
In case individual points are legally invalid, the remaining sections of the contract will remain binding. The invalid points will be replaced by the statutory regulations, insofar as these exist. If this would constitute an unreasonable hardship for one of the contracting parties, however, the contract will become invalid as a whole.
Version: November 2015