1.1. Our deliveries, services and offers are made exclusively on the basis of these general sales and delivery conditions. These are part of all contracts that we conclude with our customers (hereinafter referred to as "buyers") about the goods we offer. We contradict any deviating conditions of the buyer already now. They are only binding for us insofar as we expressly recognize them in writing.
1.2. The partial or total ineffectiveness of one condition does not affect the validity of the remaining conditions.
2. Conclusion of contract / delivery periods
2.1. The presentation and application of articles in our online shop does not constitute a binding offer to conclude a purchase contract.
2.2. The buyer can select from the assortment of the seller products without obligation and collect these over the button "into the shopping cart" in the shopping cart. The product selection can be changed in the shopping cart (eg by deleting). The buyer can then within the shopping cart over the button "checkout" to complete the ordering process. With the button "order by paying" the buyer gives a legally binding order of the goods in the shopping cart. Before sending the order, the buyer can change and view the data at any time, via the "back" button back to the cart or cancel the order altogether. The buyer is bound to 14 days after placing the order; the right of withdrawal of the buyer after no. 3 remains unaffected.
2.3. The seller confirms the order submitted via the online shop by e-mail, in which the order of the buyer is listed again and the buyer can print out the function "Print". This acknowledgment of receipt does not constitute a binding acceptance of the order. The contract is only concluded when the seller accepts the order by delivering the ordered goods, by a separate e-mail (declaration of acceptance) or by sending an invoice.
2.4. Unless a fixed deadline or a fixed date has been agreed in writing, our deliveries and services must be made as soon as possible, but at the latest within a period of 3 weeks. All delivery periods begin (a) if delivery is agreed in advance, on the day of receipt of the full purchase price (including sales tax and shipping costs) or (b) if payment is agreed by cash on delivery or on account, on the day of the conclusion of the purchase contract. For the observance of the dispatch date only the day of the transfer of the goods by us to the shipping company is decisive.
2.5. We owe only the timely, proper delivery of the goods to the carrier and are not responsible for delays caused by the carrier. For reasons beyond our control, circumstances and events that prevent or materially impede delivery exempt us from our obligation to deliver for a period of three working days, but not exceeding a period of 3 weeks. The reasons for hindrance are displayed to the buyer immediately. This also applies if our subcontractors are wholly or partially released from the obligation to deliver or if the normal supply and transport options no longer exist. In such cases, which we are not responsible for, even if we are in default on our part, we are entitled to deliver with corresponding delays. In addition, if the original delivery times are exceeded by more than four weeks at our option, we are also entitled to withdraw from the contract, either in full or in part, immediately or later. In the event of a withdrawal, we will refund the customer's payments made to us immediately. The purchaser may set us a reasonable period of grace after the expiry of three weeks after the end of the original delivery period - which may in no case be less than one week - indicating that he will refuse delivery after expiry of the grace period. After unsuccessful deadline, the buyer is entitled to withdraw from the contract of sale by written declaration (in text form). For delayed delivery or compensation for non-performance, we are liable only for intent and gross negligence.
3.1. If the buyer is a consumer (ie a natural person who places the order for a purpose that can not be attributed to their commercial or independent professional activity), he is entitled to a right of withdrawal in accordance with the statutory provisions.
3.2. Does the buyer as consumer of his right of withdrawal after digit 3.1. Use, so he has to bear the regular cost of the return.
3.3. Incidentally, the provisions on the right of withdrawal apply, which are reproduced in detail in the following
You have the right to withdraw from this contract within 14 days without giving any reason. The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right, you have to
Emil Scheibel Black Forest Distillery GmbH
Green angle 32
Telephone + 49 (0) 7842 9498-0
Fax + 49 (0) 7842 9498-94
by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. To comply with the withdrawal period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation:
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery offered by us) have to repay immediately and at the latest within 14 days from the day on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than 14 days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the 14 days expire. You bear the immediate costs of returning the goods. You only have to pay for any loss of value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, quality and functioning of the goods.
Example withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
Emil Scheibel Black Forest Distillery GmbH
Green angle 32
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following services (*)
Ordered on (*) / received on (*):
Name / consumer (s):
Address of / consumer (s):
Signature of the consumer (s):
(only on message on paper)
(*) Delete as appropriate
- End of revocation -
4. prices and shipment
4.1. All prices in our online shop are gross prices including VAT.
4.2. The dispatch takes place starting from a commodity value of 50,00 € free house. Below this value we charge a shipping fee of 4,95 €. For deliveries outside of Germany, weight-based shipping costs apply. These are at the expense of the buyer. Surcharges for express shipments, etc. are at the expense of the buyer. For more information, see shipping, The price including VAT and additional shipping costs are also displayed in the order form before you submit the order.
4.3. If possible, everything is delivered in one shipment. Partial deliveries are possible as far as reasonable for the buyer. The reasons for the partial delivery will be shown to the buyer before shipment. The additional costs arising from the partial delivery will be borne by us. If the partial deliveries are made at the buyer's request, shipping costs will be charged for each partial delivery.
4.4. The risk of accidental loss, accidental damage or accidental loss of the delivered goods is transferred to the buyer at the time at which the goods are delivered to them or the buyer is in default of acceptance. Unapproved goods are stored at the expense and risk of the buyer. If the delivery of the goods is also excluded in the third delivery attempt due to the fault of the buyer, the seller is entitled to a right of withdrawal. Any payments already made by the buyer will be refunded immediately.
5. Payment Terms:
5.1. The buyer has several means of payment available. About this he will be on a separate information page Payment Methods informed. Before completing the order process, the buyer can choose one of the means of payment.
5.2. Unless otherwise agreed, our invoices are to be paid immediately without any deduction. Insofar as a payment by the buyer is not sufficient to pay off all debts owed to the seller and the buyer does not determine with his services which debt shall be redeemed, then the due debt, among several debt due, becomes the one which gives the creditor less security offers, among several equal and more burdensome to the debtor, among several equals the older debt and at the same age all debt blamed proportionately.
5.3. In the event of default of payment, we shall be entitled to default interest in the amount of 5% points above the base interest rate, without prejudice to the possibility of asserting any higher damage beyond that. Furthermore, we are entitled to default in payment, check or bill protest to refuse further deliveries or to execute only against prepayment.
5.4. Even if the above prerequisites are not met, we are at all times free to make our deliveries dependent on prepayment or to execute them only for cash. We declare a corresponding reservation at the latest with our written order confirmation.
5.5 The buyer is only authorized to exercise a right of retention if his counterclaim is based on the same purchase agreement.
6. Retention of title:
6.1. We reserve the ownership of the delivered goods until full payment of the purchase price for these goods and until the redemption of any bills of exchange and checks. During the existence of the retention of title, the buyer may not sell the goods (hereinafter: "reserved goods") or otherwise dispose of the property.
6.2. In the case of access by third parties - especially by bailiffs - to the reserved goods, the buyer will point out our ownership and inform us immediately so that we can assert our ownership rights.
6.3 In case of breach of contract by the purchaser, in particular in case of default of payment, we are entitled to demand the reservation of title goods, if we have withdrawn from the contract.
7.1. In the case of defects in the delivered goods, the buyer is entitled to the statutory rights.
7.2. Damage claims of the buyer due to obvious material defects of the delivered goods are excluded, if he does not inform us about the defect within a period of 2 weeks after delivery of the goods.
7.3. Our liability for damages, for whatever legal reason (in particular in case of delay, defects or other breaches of duty), is limited to the contractually typical, foreseeable damage.
7.4. The above limitations of liability shall not apply to our liability for intentional or gross negligence, for guaranteed characteristics, for injury to life, limb or health or under the Product Liability Act.
7.5. The complaint of a delivery does not entitle to the refusal of further deliveries from the same or another contract concluded with us.
7.6. If, on the basis of an explicit order of the purchaser, we deviate from the statutory provisions applicable to the ordered goods (eg with respect to the type and design of the labeling), we shall provide the corresponding legal objections according to this order; we disclaim any liability in this respect. In this case, the buyer releases us in full from the liability for any consequences of this deviation and assumes the sole legal responsibility for this.
7.7. In the case of the further processing of our products, the buyer has to examine the food legal admissibility for the use on own responsibility; we disclaim any liability in this respect.
7.8. Our products are - even during transport - professional and commercially available to store; Any storage instructions given by us (eg on labels) must be observed. We accept no liability for damage due to improper or non-commercial storage or failure to observe our storage instructions.
8. product returns
For returns accepted by us on an individual basis in accordance with a separate agreement that has been delivered by us without defects, we are entitled, subject to another agreement, to withhold 20% processing costs from the return value plus return freight.
9. Applicable Law and Jurisdiction
9.1. The law of the Federal Republic of Germany applies excluding the UN sales law. If you have placed your order as a consumer and are ordinarily resident in another country at the time of your order, the application of mandatory legislation of that country shall remain unaffected by the choice of law made in sentence 1.
9.2. If you are a merchant and have your seat at the time of ordering in Germany, the exclusive place of jurisdiction is the registered office of the seller. Incidentally, the applicable statutory provisions apply to local and international jurisdiction.
Free shipping from 50, - Euro value of goods
(Only for deliveries within Germany.