General Terms and Conditions
On the basis of these General Terms and Conditions (GTC), the customer and the
Represented by Patrick Eckert
At the Eichwald 11
E-mail address: firstname.lastname@example.org
VAT identification number: DE 242965542, hereinafter referred to as the provider, the contract was concluded.
This contract regulates the sale of new goods from the sector, the areas of special and unusual waters from all over the world, and other selected beverages, such as champagne, gin, whiskey and wine, through the online shop of the supplier. Due to the details of the respective offer, reference is made to the product description of the offer page.
The contract is concluded exclusively in electronic commerce via the shop system. The offers presented constitute a non-binding invitation to submit an offer by the customer order, which the provider can then accept. The order process for the conclusion of the contract includes the following steps in the shop system:
Selection of the offer in the desired specification (size, quantity, number, deposit)
Inserting the offer into the shopping cart
Pressing the button 'To checkout'
Entering the billing and delivery address
Selection of the payment method
Checking and processing the order and all entries
Pressing the button 'Order for payment'
Confirmation email that order has been received
With the sending of the order confirmation, the contract is concluded.
The contract is concluded for an indefinite period.
Until full payment has been made, the delivered goods remain the property of the supplier.
The provider reserves the right to provide a service equivalent in quality and price. The performance presented in the shop is exemplary and not the individual, contractual performance. The provider reserves the right not to provide this in case of unavailability of the promised service.
Prices, shipping costs, return costs
All prices shown for end customers are final prices and include the statutory value added tax. In addition to the final prices, additional costs are incurred, depending on the deposit and shipping method, which are displayed before the order is sent. If there is a right of withdrawal and is used by this customer, the customer bears the costs of the return shipment. For commercial wholesale customers, net prices are displayed after a commercial account has been activated on our part.
The customer has only the following options for payment:
Bank transfer, payment service provider (giropay, PayPal, direct debit, invoice purchase, Visa and Mastercard credit cards, Amazon pay,) and cash on collection.
1. Description and scope of data processing
For the use of payment systems on our internet shop portal, we use GiroSolution GmbH as a payment service provider. By means of an interface to its "GiroCheckout" system, GiroSolution GmbH ensures the system-side connection of our shop portal to the following payment methods for us:
Depending on the payment procedure, the following data is first passed on to GiroSolution GmbH via GiroCheckout and then to the respective payment system and its service providers for the processing of payments or retrieved:
a) Name and first name
c) E-mail address
d) Information on the age of majority at giropay ID - age verification (the date of birth will not be forwarded)
e) Information to confirm the account details with giropay ID account verification (IBAN and the BIC as well as the first and last names of the corresponding account holder)
Further information can be found in the Terms and Conditions of GiroSolution GmbH (www.girosolution.de).
Other payment methods are not offered and will be rejected.
The invoice amount must be transferred in advance to the account indicated therein after receipt of the invoice, which contains all the information for the transfer and is sent by e-mail. The invoice amount is collected by the provider by direct debit on the basis of the direct debit authorisation by the customer from the specified account. When using an escrow service/payment service provider, this allows the provider and customer to process the payment among themselves. The escrow service/payment service provider forwards the payment of the customer to the provider. Further information can be found on the website of the respective trust service/payment service provider. The invoice amount may also be paid in cash at the supplier's premises during normal office hours, deducting the shipping costs that have been taken into account. When paying by credit card, the customer must be the cardholder. The credit card will be debited after the goods have been shipped. The customer is obliged to deposit or transfer the stated amount to the account indicated on the invoice within 7 days of receipt of the invoice. Payment is due without deduction from the invoice date. The customer is only in default after a reminder. The set-off with claims of the customer is excluded, unless these are undisputed or legally established.
2. Legal basis for data processing
The legal basis for the processing of data and for the transfer of data to the above-ced third parties is Art. 6 sec. 1 lit. b GDPR. In addition, Article 6 (1) lit. f GDPR is the legal basis for data processing.
3. Purpose of data processing
The transmission of the data and the processing of the data is necessary in order to make the payment of the transaction you have made on our shop portal with the payment method you have chosen and thus to be able to complete the transaction.
Connecting many different payment methods is complex and costly. Therefore, we use a service provider for the technical connection, in which our justified interest in the above-art data processing by GiroSolution GmbH according to Art. 6 sec. 1 lit. f GDPR is justified.
4. Duration of storage
The data will be deleted as soon as they are no longer necessary for the purpose of their collection. In the case of the above-ced data, this is the case when the contract has been settled and there are no longer any claims for rescission, i.e. after the expiry of the statutory warranty or guaranteed periods. Subject to statutory retention periods beyond this date, the data will then be deleted.
5. Possibility of opposition and disposal
The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.
The goods will be dispatched immediately after receipt of payment.
We deliver within Germany, as well as to Austria, France, Netherlands, Belgium, Luxembourg, Poland, the Czech Republic and Switzerland.
On average, shipping takes place after 5 days at the latest. The entrepreneur undertakes to deliver on the 21 day after receipt of the order. The standard delivery time is 7 days, unless otherwise specified in the item description. The supplier either sends the order from its own warehouse as soon as the entire order is in stock there or the order is shipped by the manufacturer as soon as the entire order is in stock there. The customer will be informed of any delays immediately. If the supplier is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by its own suppliers, even though a corresponding cover transaction has been carried out in good time, the supplier has the right to withdraw from a contract with the customer in this respect. The customer will be informed of this immediately and received services, in particular payments, will be refunded.
Consumers are entitled to a statutory right of liability for defects in accordance with the relevant provisions of the Civil Code (BGB). If this is deviated from, the warranty is governed by the provisions in the General Terms and Conditions (GTC) that have been drafted for this purpose. The supplier is granted that, in the event of a subsequent performance, he can choose between repair or new delivery if the goods are new goods and the customer is an entrepreneur. If the customer is an entrepreneur, the warranty is excluded for second-hand goods. If the customer is a consumer, the warranty period for used goods is limited to one year. This does not apply to claims for damages of the customer due to injury to life, body, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contractual objective. Likewise, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agents. In addition, the statutory provisions apply.
If the customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the goods shall pass to the customer upon delivery, upon dispatch with the delivery of the goods to the selected service provider. The contract text is stored by the provider. The customer has the following option to access the stored contract text: You can access our terms and conditions online at any time. This section can be found on the following page: https://fine-liquids.com/index.php?id_cms=2&controller=cms&id_lang=2. The customer can correct errors in the entry during the ordering process. If you have made an incorrect entry in our online shop, you can simply cancel your order free of charge by phone or email.
Right of withdrawal and customer service
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day
In the case of a sales contract: on which you or a third party named by you, who is not the carrier, has taken possession of the last goods. In the case of a contract for several goods ordered by the consumer in the context of a single order and delivered separately: on which you or a third party named by you, who is not a carrier, has taken possession of the last goods. In the case of a contract for the delivery of goods in several partial consignments or pieces: in which you or a third party designated by you, who is not a carrier, has taken possession of the last part or the last piece. In the case of a contract for the regular delivery of goods over a specified period of time: on which you or a third party named by you, who is not a carrier, has taken possession of the first goods. When several alternatives come together, the last time is decisive.
In order to exercise your right of withdrawal, you must inform us (FINE LIQUIDS, Patrick Eckert, Am Eichwald 11 74934 Reichartshausen 01781590091 email@example.com) by means of a clear statement (e.g. a letter sent by post, fax, or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you cancel this contract, we shall reimburse to you all payments received from you, including delivery costs (with exceptions to the additional costs resulting from your choice of a type of delivery other than the low-cost standard delivery offered by us), without undisclosed and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; under no circumstances will you be charged any fees for this repayment. We may refuse the refund 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 FINE LIQUIDS, Patrick Eckert, Am Eichwald 11 74934 Reichartshausen 01781590091 firstname.lastname@example.org return or hand over email@example.com the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, characteristics and functioning of the goods.
End of the revocation instruction
You can contact our customer service at the following times at:
At the Eichwald 11
Monday to Thursday 8 am-12 pm and 3-5 pm Friday and Saturday 8am-12pm.
Claims for damages by the customer are excluded, unless otherwise stated for the following reasons. This also applies to the representative and vicarious agent of the provider, if the customer claims against these claims for damages. Excluded are claims for damages of the customer due to injury to life, body, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contractual objective. Likewise, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agents.
Prohibition of assignment and pledging
Claims or rights of the customer against the provider may not be assigned or pledged without the supplier's consent, unless the customer has demonstrated a legitimate interest in the assignment or pledging.
Language, place of jurisdiction and applicable law
The contract shall be drawn up in German. The further implementation of the contractual relationship takes place in German. The law of the Federal Republic of Germany applies exclusively. This applies to consumers only to the extent that this does not restrict any legal provisions of the country in which the customer is domiciled or habitually resident. The place of jurisdiction is the registered office of the provider in disputes with customers who are not consumers, legal entities under public law or special funds under public law.
In connection with the initiation, conclusion, processing and rescission of a purchase contract on the basis of these GTC, data are collected, stored and processed by the provider. This is done within the framework of the statutory provisions. The provider does not pass on any personal data of the customer to third parties, unless he is legally obliged to do so or the customer has expressly consented to it beforehand. If a third party is used for services in connection with the processing of processing processes, the provisions of the Federal Data Protection Act are complied with. The data provided by the customer by way of ordering will be processed exclusively for contact within the scope of the contract processing and only for the purpose for which the customer has provided the data. The data will only be passed on to the shipping company, which takes over the delivery of the goods according to the order. The payment data will be passed on to the credit institution responsible for payment. Insofar as the provider has retention periods of a commercial or tax law nature, the storage of some data can take up to ten years. During the visit to the internet shop of the provider, anonymized data that does not allow conclusions about personal data and does not intend to do so, in particular IP address, date, time, browser type, operating system and pages visited, are logged. At the request of the customer, the personal data will be deleted, corrected or blocked within the scope of the statutory provisions. Free information about all personal data of the customer is possible. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address:
At the Eichwald 11
The ineffectiveness of any provision of these GtC has no effect on the validity of the other provisions.
GTC created via the generator of deutsche Anwaltshotline AG
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.