Terms and conditions for the online store of Blackriver Gin GmbH

1. General

   1. The following contractual provisions (GTC) apply to all contracts concluded via the online store of Blackriver Gin GmbH, Eisenbahnstra�e 3, 66424 Homburg, Germany (hereinafter: Seller) under the domain blackriver-gin.de with the customer (hereinafter: Customer).

   2. These GTC contain special provisions for customers who are entrepreneurs within the meaning of � 14 BGB (hereinafter: entrepreneurs). These special clauses for business transactions are marked by an explicit reference to ENTERPRISES and do not apply to transactions with consumers within the meaning of �13 BGB.

   3. The Seller does not accept any deviating general terms and conditions of the Customer, unless the Seller has expressly agreed to them in writing.

2. Conclusion of contract

   1. The CUSTOMER can place the desired products in the shopping cart by clicking on the corresponding button and then initiate the ordering process by clicking on the shopping cart. Within the ordering process, the CUSTOMER must enter the required contact data for shipping and for payment and complete the order by clicking the button Order subject to payment.

   2. The CUSTOMER can correct input errors, in particular products erroneously inserted into the shopping cart, by entering the desired quantity in the shopping cart and using the buttons provided. In the ordering process, the CUSTOMER can correct input errors in the various steps by navigating to the respective step using the forward and back buttons of the browser.

   3. The presentation of the products in the online store of the SELLER represents a non-binding invitation to the CUSTOMER to place an order. By placing an order, the CUSTOMER makes a binding offer to conclude a contract for the products contained in the shopping cart. The SELLER will confirm the receipt of the order immediately by automated e-mail. Through this automated order confirmation, the contractual relationship comes into existence.

   4. The purchase contract is concluded with Blackriver Gin GmbH, Eisenbahnstra�e 3, 66424 Homburg, Germany.

   5. Contract language is German.

3. Contract text storage

   The contract text will be stored by the SELLER. The order data will be sent to the CUSTOMER separately in text form (e-mail). The terms and conditions can also be retrieved and printed out in the online store.

4. Right of revocation

   Consumers are generally entitled to a statutory right of withdrawal. The legal provisions regarding any existing right of withdrawal are contained exclusively in the cancellation policy, which is available to the CUSTOMER during the ordering process..

5. Prices and shipping costs

   1. The prices valid on the day of the order as displayed in the online store apply.

   2. The prices displayed in the online store are in euros and include the statutory value added tax.

   3. When purchasing goods that are delivered in a package or otherwise by mail, the following applies: The prices displayed in the online store do not include shipping costs for packaging and postage. Shipping costs are calculated dynamically during the ordering process and displayed in the shopping cart overview before the order is placed.

   4. We offer free shipping. The information under which conditions the shipping is free of charge will be communicated during the ordering process.

   5. In individual cases, further taxes (e.g. in the case of an intra-Community acquisition) and/or duties (e.g. customs duties) may be payable by the CUSTOMER in the case of cross-border deliveries..

6. Terms of payment

   1. The seller accepts only the payment methods offered during the ordering process in the online store. The CUSTOMER chooses his preferred method of payment among the available payment methods.

   2. If a delivery is made against prepayment by bank transfer, the CUSTOMER shall transfer the payment of the purchase price plus any applicable delivery and shipping costs to the SELLER before the delivery. Delivery will be made after receipt of the full invoice amount on the account of the SELLER..

   3. If delivery is made against invoice, the net purchase price (without deduction) is due for payment immediately, at the latest within 7 days from the invoice date or after receipt of the goods. The legal regulations regarding the consequences of default of payment apply..

   4. If a payment is made by immediate cash transfer (Klarna Sofort) of the Klarna Group - Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden - the CUSTOMER must have an activated online banking account with PIN/TAN procedure. At the end of the order process, the CUSTOMER will be asked to enter his account number, bank code, PIN and TAN in the form pre-filled by the SELLER (bank details, transfer amount, reason for transfer). Immediately afterwards, the transaction is confirmed to the CUSTOMER. You can find more information at https://www.klarna.com/sofort/.

   5. If a delivery is made against payment by credit card, the CUSTOMER, by disclosing his credit card details, authorizes the debiting of the full invoice amount, including applicable delivery and shipping costs, when due, via the relevant credit card company. At the end of the ordering process, the CUSTOMER will be asked to enter his credit card number, the expiration date of the credit card and the prefix in the appropriate form. Depending on the amount of the payment or the type of delivery, the CUSTOMER may be asked for a required second authentication feature by displaying the website of the credit institution. The CUSTOMER must then verify the payment transaction with his or her personal second authentication feature such as password, PIN, TAN, or biometric data such as fingerprint or face scan using a special app. The specific type of identification used depends on the respective payment service provider (e.g. the CUSTOMER's credit card institution). In this case, the charge is initiated with the order confirmation. For more information, please contact your credit provider..

   6. If a payment is made via PayPal of the company PayPal (Europe) S.� r.l. et Cie, S.C.A., 22 �" 24 Boulevard Royal, L-2449 Luxembourg, the CUSTOMER must have a PayPal account and legitimize himself with his PayPal credentials. Then the CUSTOMER must go through the PayPal payment process and confirm the payment to the SELLER. Using the PayPal payment method, payment can also be made without a PayPal user account. With regard to the guest function of PayPal, the provisions available via the payment method apply. If the CUSTOMER chooses to pay via credit card in PayPal, he may be asked for a required second authentication feature by displaying the website of the credit institution, depending on the amount of the payment or the type of delivery. The CUSTOMER must then verify the payment transaction with his personal second authentication feature such as password, PIN, TAN or biometric data such as fingerprint or face scan using a special app. For more information, please visit the Paypal website at https://www.paypal.com/de/webapps/mpp/home.

   7. If payment is made by direct debit, the CUSTOMER must inform the SELLER of his IBAN and the account holder. The SELLER debits the invoice amount from the CUSTOMER's account after issuing the invoice. In the event of a return debit note for which the CUSTOMER is responsible, the CUSTOMER shall reimburse the SELLER for the bank processing fees incurred as a result of the return debit note.

   8. If a payment is made through Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg, the customer must have an Amazon account and legitimize himself with his Amazon credentials, go through the Amazon payment process and confirm the payment to the SELLER. For more information please visit https://pay.amazon.de/. Amazon accepts the payment methods bank debit or credit card:

      1. In the case of payment by credit card, the CUSTOMER, by disclosing his credit card details, authorizes Amazon to charge the full invoice amount, including any delivery and shipping costs incurred, when due via the relevant credit card company. In this case, the charge will be initiated with the order confirmation.

      2. In the case of payment by direct debit, the CUSTOMER shall inform Amazon of his IBAN and BIC number. Amazon debits the invoice amount from the specified account of the CUSTOMER after issuing the invoice. In the event of a return debit note, the CUSTOMER shall bear the costs of this return debit note. The CUSTOMER reserves the right to prove that no or only minor damage was caused by the return debit note.

   9. CUSTOMERS who are entrepreneurs within the meaning of § 14 BGB shall only be entitled to set-off rights if the counterclaims are legally established, undisputed or acknowledged by the SELLER or if the opposing claims are based on the same legal relationship. This offsetting prohibition does not apply to CUSTOMERS who are consumers within the meaning of § 13 BGB..

7. Delivery and shipping conditions �" information on the calculation of the delivery date.

   1. Unless otherwise agreed with the CUSTOMER, the goods delivered in a package or otherwise by mail shall be delivered by mail (package, small package, letter, forwarding agent, etc.) to the delivery address indicated by the CUSTOMER in the order.

   2. The delivery time is indicated separately on the respective product detail page.

   3. The delivery time specified on the product detail page begins when paying in advance on the business day after the payment order of the CUSTOMER to the transferring credit institution, or for all other payment methods on the business day after the day of the conclusion of the contract.

   4. The risk of accidental loss and accidental deterioration of the sold item shall pass in the case of deliveries to entrepreneurs upon handover to the entrepreneurs themselves or to a person authorized to receive the goods, in the case of a mail order purchase already upon delivery of the goods to a suitable transport person. In the case of deliveries to consumers, the risk of accidental loss and accidental deterioration of the sold item shall pass to the consumer in accordance with § 446 BGB upon handover of the goods to the consumer. With regard to the transfer of risk, it is equal to the handover if the CUSTOMER is in default of acceptance.

   5. Orders can be placed by all customers from the European Economic Area and, if applicable, the other countries specified in the online store and/or in the table of shipping costs. Orders will only be delivered to Germany and, if applicable, to the countries indicated in the online store and/or in the shipping costs table.

   6. In the event of delivery delays, the Vendor will inform the CUSTOMER without delay.

   7. If the carrier returns the purchased item to the Vendor because delivery to the CUSTOMER was not possible, the CUSTOMER shall bear the costs for a new shipment. This does not apply if the CUSTOMER has exercised a possibly existing right of withdrawal parallel to the refused acceptance or if he is not responsible for the circumstance that led to the impossibility of delivery or if the CUSTOMER was temporarily prevented from accepting the offered service, unless the SELLER had given him a reasonable prior notice of the service.

8. Reservation of ownership

   1. The SELLER reserves the right of ownership of the sold goods until the full payment of the purchase price..

   2. The goods subject to retention of title may not be pledged by the CUSTOMER to third parties or assigned as security before full payment of the secured claims. The CUSTOMER shall immediately notify the SELLER in text form if and to the extent that third parties seize the SELLER's goods.

   3. In case of breach of contract by the CUSTOMER, in particular in case of non-payment of the purchase price due, the SELLER shall be entitled to rescind the contract in accordance with the statutory provisions and to demand the return of the goods on the basis of the retention of title and the rescission. If the CUSTOMER does not pay the due purchase price, the SELLER may only assert these rights if the CUSTOMER has previously been unsuccessfully set a reasonable deadline for payment or such a deadline is dispensable according to the statutory provisions.

9. Warranty / liability for defects / obligation to take legal action

   1. The rights in the event of defects in the purchased item shall be governed by the statutory provisions.

   2. Claims for defects by CUSTOMERS who are merchants within the meaning of the German Commercial Code (HGB) presuppose that they have duly fulfilled their obligations to inspect and give notice of defects pursuant to § 377 HGB in text form within 14 calendar days after receipt of the goods. This duty of care does not apply to CUSTOMERS who are consumers within the meaning of § 13 BGB.

   3. The limitation period for claims for defects by SUBCONTRACTORS shall be 12 months, calculated from the transfer of risk to the SUBCONTRACTOR. This shortening of the warranty obligation does not apply to CUSTOMERS who are consumers within the meaning of § 13 BGB.

10. Liability

    1. The CUSTOMER's claims for damages or reimbursement of futile expenses against the SELLER shall be governed by these provisions outside the warranty law without regard to the legal nature of the claim.

    2. The liability of the SELLER is excluded, irrespective of the legal grounds, unless the cause of damage is based on intent and/or gross negligence of the SELLER, its employees, its representatives or its vicarious agents. As far as the SELLER's liability is excluded or limited, this shall also apply to the personal liability of the SELLER's employees, representatives or vicarious agents. The SELLER's liability under the Product Liability Act remains unaffected (� 14 ProdHG).

    3. The SELLER shall be liable in accordance with the statutory provisions for damages resulting from injury to life, body or health caused by an intentional, grossly negligent or negligent breach of duty by the SELLER or a legal representative or vicarious agent of the SELLER.

    4. If the Seller breaches an essential contractual obligation, i.e. an obligation whose fulfillment is of particular importance for the achievement of the purpose of the contract (essential contractual obligation or cardinal obligation), at least by negligence, the liability shall be limited to the typically occurring damage, i.e. to such damage whose occurrence must typically be expected within the scope of the contract. An essential contractual or cardinal obligation in the aforementioned sense is one whose fulfillment makes the proper execution of this contract possible in the first place and on whose compliance the CUSTOMER regularly relies and may rely.

11. Data storage and data protection

    The data protection provisions of the data protection declaration on the website apply exclusively: https://blackriver-gin.de.

12. Note according to Art. 14 ODR Regulationh2>

    1. CUSTOMERS who are consumers within the meaning of � 13 BGB (German Civil Code) have the option in the event of a dispute on the EU portal "Your Europe" (https://europa.eu/youreurope/citizens/index_de.htm) to conduct an online conciliation procedure with the involvement of a recognized conciliation body. For this purpose, they can use the EU online conciliation platform at URL https://ec.europa.eu/consumers/odr/.

    2. The online conciliation procedure is not a mandatory prerequisite for resorting to competent ordinary courts, but represents an alternative way of resolving differences that may arise in the context of a contractual relationship.

    3. Other national provisions on the conduct of conciliation proceedings shall remain unaffected by the above provisions in Sections 12.1 and 12.2.

13. Note according to � 36 VSBG

    1. For CUSTOMERS who are consumers in the sense of � 13 BGB (German Civil Code), there is in principle the possibility to seek an alternative dispute resolution procedure in the sense of � 36 VSBG.

    2. The alternative dispute resolution procedure is not a mandatory prerequisite for recourse to competent ordinary courts, but is an alternative way of resolving differences that may arise in the context of a contractual relationship.

    3. The SELLER does not participate in the alternative dispute resolution procedure within the meaning of � 36 VSBG.

14. Final provisions

    1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

    2. In the case of consumers who do not conclude the contract for professional or commercial purposes, the above choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

    3. 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 SELLER's place of business at Eisenbahnstra�e 3, 66424 Homburg, Germany.

    4. The same shall apply if the CUSTOMER is an entrepreneur and has no general place of jurisdiction in Germany or his place of residence or habitual abode is unknown at the time the action is brought. The authority of the SELLER to also call upon the court at another legal place of jurisdiction remains unaffected by this.