General Terms and Conditions and Legal Notices

    General Terms and Conditions and Legal NoticesScope

      1. conclusion of the contract
      2. right of withdrawal
      3. Prices and payment terms
      4. delivery and shipping conditions
      5. retention of title
      6. liability for defects (warranty)
      7. Applicable Law
      8. jurisdiction
      9. Alternative Dispute Resolution

      1. scope

      1.1. These General Terms and Conditions (hereinafter "GTC") of Mistelhain GmbH & Co. KG (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby contradicted, unless otherwise agreed.

      1.2 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

      1. conclusion of the contract

      2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

      2.2. The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that completes the ordering process. The customer can also submit the offer to the seller by telephone or email.

      2.3. The seller can accept the customer's offer within five days by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or by requesting payment from the customer after placing the order.

      If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

      2.4. If the payment method “PayPal Express” is selected, payment processing will be carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal Express” as the payment method during the online ordering process, he or she also issues a payment order to PayPal by clicking the button that completes the ordering process. In this case, the seller hereby declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking the button that completes the order process.

      2.6. Order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

      2.7. Only the German language is available for the conclusion of the contract.

      2.8. When ordering alcoholic beverages, the customer confirms that he or she has reached the legally required minimum age by submitting the order. The seller uses an age verification system to ensure that the customer has reached the legally required minimum age. The goods will therefore only be handed over after a successful age check and authentication of the customer.

      1. right of withdrawal

      3.1 Consumers generally have a right of withdrawal.

      3.2. Further information on the right of withdrawal can be found in the seller’s cancellation policy.

      1. Prices and payment terms

      4.1. Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are stated separately in the respective product description.

      4.2. The payment option(s) will be communicated to the customer in the seller’s online shop.

      4.3. When paying using a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full .

      1. delivery and shipping conditions

      5.1. The delivery of goods takes place by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

      5.2. If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of delivery if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provisions in the seller's cancellation policy apply to the return costs.

      5.3. Self-collection is not possible for logistical reasons.

      1. retention of title

      If the seller makes advance payments, he retains title to the delivered goods until the purchase price owed has been paid in full.

      1. liability for defects (warranty)

      7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.

      7.2. The customer is requested to complain to the deliverer about goods that have obvious transport damage and to inform the seller of this. If the customer does not do this, this will have no effect on his legal or contractual claims for defects. However, we ask that you also report hidden transport damage to Mistelhain GmbH & Co. KG as quickly as possible so that we can also claim this damage from the transport service provider.

      1. Applicable Law

      The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For 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 or her habitual residence.

      1. jurisdiction

      If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to take legal action before the court at the customer's place of business.

      1. Alternative Dispute Resolution

      10.1. The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

      This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

      10.2. The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.