General Terms and Conditions
1. Contractual partners and applicability
1.1 Nordbrand Nordhausen GmbH, Bahnhofstraße 25, 99734 Nordhausen/Harz, is responsible for the content of the "Tropézienne Online Shop." The technical operator and manager of the website is DFAU GmbH, Graf-Pückler-Limpurg-Str. 87, 90768 Fürth.
1.2 Weingesellschaft Ruyter & Ast GmbH, Konsul-Smidt-Straße 8J, 28217 Bremen, sells the products in the "Tropézienne Online Shop" and is responsible for processing the orders on the website www.liqueur-tropezienne.de. Weingesellschaft Ruyter & Ast GmbH is also responsible for issuing the invoices. Furthermore, Weingesellschaft Ruyter & Ast GmbH is the holder of the bank account to which you pay the amounts invoiced to you and it is also the contractual partner of the payment service provider. Therefore, Weingesellschaft Ruyter & Ast GmbH becomes the contractual partner in any purchase contract that is concluded via the "Tropézienne Online Shop." All orders in the "Tropézienne Online Shop" are subject to the following General Terms and Conditions (GTC).
2. Contract closing and information about the order process
2.1 The offers in the "Tropézienne Online Shop" are subject to change.
2.2 After selection of the products and input of all further information that is relevant to the order, all products selected by you and the related information will be displayed again in an order summary. You will then be able to correct any potential errors in the entries before sending your order. By clicking on the "Buy" button, you submit a binding offer.
2.3 Once the "Buy" button is clicked, the receipt of the order will be displayed on the website. You will receive a confirmation by email in addition. The purchase contract will become effective only upon your receipt of this emailed order confirmation.
2.4 If you do not receive an emailed order confirmation within 14 days from the date when you ordered from the "Tropézienne Online Shop", you will no longer be bound by your order. You are responsible for this order confirmation not getting rejected because of a spam blocker.
2.5 The sale will made only in quantities customary for households.
2.6 The text of the contract will be stored after the contract closing but it will not be accessible to you anymore.
3. Terms of delivery and shipment
3.1 After the contract closing, the products you have ordered will be processed directly upon receipt of payment on the specified bank account or the PayPal account. The ordered products will then be picked, packed, and shipped as soon as possible. Delivery will be made within ten working days (Monday to Friday). If a product should no longer be in stock at the time of the order, you will be informed without delay.
3.2 The products can only be delivered inside of Germany. Delivery will be made to the delivery address in Germany specified by you based on a flat delivery fee in the amount of €1.89. The incurred delivery and shipment costs will be shown separately before completion of the order process.
3.3 The products will be delivered within Germany by a carefully selected shipping service provider.
The responsible handling of alcohol and compliance with the Youth Protection Act is very important to us as a company. In accordance with the Youth Protection Act, we accept orders only from persons who have completed their 18th year of age.
By placing your order, you declare your consent to our General Terms and Conditions and the terms of revocation. In compliance with the Youth Protection Act, you will confirm additionally that you are abov ethe age of 18 years.
4. Prices and terms of payment
4.1 The purchase prices for the products are determined according to the prices indicated at the "Tropézienne Online Shop" as valid on the date of the order. All prices are listed in euros and include the respective statutory value added tax.
4.2 Payments can be made by credit card or PayPal. The payment service provider for credit card payments is Shopify Payments.
4.3 The purchase price will be due immediately on the contract closing.
4.4 You are entitled to set-off only if your counter claim is not uncontested or established as final and absolute.
4.5 You are entitled to enforce a right of withholding only insofar as your counterclaim is based on the same contractual relationship.
5. Right of revocation
5.1 Instruction on the right of revocation
You have the right to revoke this contract within fourteen days without a statement of reasons.
The revocation period is fourteen days from the day on which you or a third party appointed by you, who is not the carrier, have taken the products into possession.
To exercise your right of revocation, you have to inform us, Weingesellschaft Ruyter & Ast GmbH, Konsul-Smidt-Straße 8 J, 28217 Bremen, telephone: 0421-3053251, fax: 0421-3053259, email: service@liqueur-tropezienne.de, in a clear statement (e.g., a letter sent by post, fax, email) of your decision to revoke this contract.
To do so, you can use the enclosed sample revocation form, but it is not mandatory to use it.
To observe the revocation period, it is sufficient if you send the notification of the exercise of the right of revocation before expiration of the revocation period.
***Consequences of revocation***
If you revoke this contract, we shall return all payments to you that we have received from you, including the delivery costs (except for the additional costs incurred because you have chosen a different shipment method than the one offered by us, which is the most efficient standard shipment method), without delay and at the latest within fourteen days from the day on which the notification of your revocation of this contract was received by us. We will use the same payment instrument for this repayment as the one you used in the original transaction, unless explicitly agreed otherwise with you. You will never be charged any fees for this repayment.
We can refuse to refund the payment until we have received the return of the products or until you have provided proof that you have returned the products, whichever is the earlier date.
You shall return the products to us by shipment or handover in person without delay, whereas in any case, at the latest within fourteen days from the day on which you informed us of the revocation of this contract. The period will be deemed observed if you ship the products before expiration of the fourteen-day period.
You shall bear the direct costs for the return shipment of the products.
You will have to pay for any loss of value of the products only if this loss of value is due to a handling of the products that is not necessary for the check of their condition, properties and mode of functioning.
Sample Revocation Form
(If you wish to revoke the contract, please fill out this form and return it to us.)
To
Weingesellschaft Ruyter & Ast GmbH
Konsul-Smidt-Straße 8J
28217 Bremen
Fax: 0421-3053259
Email: service@liqueur-tropezienne.de
I/We (*) hereby revoke the contract I/we (*) have concluded for the purchase of the following merchandise (*) / the performance of the following services (*)
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only for notification on paper)
Date
(*) strike if inapplicable.
***End of the instruction on the right of revocation***
5.2 The foregoing provisions on the right of revocation apply only if you conclude the contract as a consumer; meaning, if you do not conclude the contract for a purpose that can be attributed to your commercial or self-employed occupational activity.
6. Warranty
6.1 The purchased products will have the agreed properties and condition on the transfer of risk. Properties and condition shall be determined exclusively according to the concrete agreements made between the Parties as to qualities, attributes, and performance characteristics of the purchased products.
6.2 Information on the website and in any other information material provided to you, as well as statements describing the products must not be understood as warranties for any particular properties and condition of the purchased products.
6.3 Weingesellschaft Ruyter & Ast GmbH reserves the right to modify the purchased products to a minor, commercially customary extent with regard to their design, material, and/or version, provided that this does not alter the agreed properties and condition. Minor discrepancies in structure and colour compared to the agreed properties and condition remain reserved to the extent that these are due to the nature of the materials used and insofar as they are commercially customary. The foregoing provision does not apply to the spirits product group.
6.4 If a purchased product is defective on the transfer of risk, you shall grant Weingesellschaft Ruyter & Ast GmbH an appropriate grace period for subsequent performance. Weingesellschaft Ruyter & Ast GmbH is entitled at its discretion to either rectify the defect or deliver a defect-free product. If subsequent performance fails within an appropriate grace period, you shall have the statutory rights to withdraw, and demand damages or a refund of expenses. The right to a reduction of the purchase price is excluded.
6.5 Any parts replaced by Weingesellschaft Ruyter & Ast GmbH shall be returned to Nordbrand Nordhausen on request. Your rights in case of defects shall not apply if defects arise for reasons at your fault, e.g., due to unsuitable or improper use, specifically including a failure to observe the instructions for use, improper use, improper treatment, improper installation, unsuitable accessories, unsuitable spare parts, unsuitable repair measures, or in result of natural wear and tear, provided that the defects are outside of the responsibility of Weingesellschaft Ruyter & Ast GmbH.
6.6 If you conclude the purchase contracts in exercise of a commercial or self-employed professional activity as an entrepreneur, you can enforce your rights in case of defects only within one year from delivery of the product to you. Claims of damages remain unaffected by this.
7. Limitation of liability
7.1 Subject to the provision in Section 7.2, the contractual and statutory liability of Weingesellschaft Ruyter & Ast GmbH, regardless of the legal reason, shall be limited as follows: (i) Weingesellschaft Ruyter & Ast GmbH shall be liable with limitation in terms of the amount to the predictable damages that are typical of the contract for simple negligent breach of essential duties of the contractual obligation; (ii) Weingesellschaft Ruyter & Ast GmbH shall not be liable for simple negligent breach of non-essential duties of the contractual obligation nor for other simple negligence.
7.2 The aforementioned liability limitations shall not apply in case of damages caused through intent or gross negligence, in cases of compulsory statutory liability (in particular, according to the Product Liability Act) nor in the event of culpably caused personal injuries. Furthermore, they shall also not apply if and insofar as Weingesellschaft Ruyter & Ast GmbH has given a guarantee.
7.3 Sections 7.1 and 7.2 shall apply analogously to the liability of Weingesellschaft Ruyter & Ast GmbH for useless expenses.
7.4 You are obligated to take appropriate measures for the aversion and reduction of damages.
8. Customer service
If you have any unanswered questions, you are welcome to contact our customer service at any time by email at service@liqueur-tropezienne.de, by telephone at (04 21) 30 53 251 or by fax at (04 21) 30 53 259.
https://www.liqueur-tropezienne.de/en/data-protection-policy/
9. Written form
We recommend changes and additions to the contract to be made in writing or by email.
10. "Online dispute resolution according to Art. 14 Regulation (EU) No 524/ 2013:
The European Commission provides a platform for online dispute resolution, which can be found here: http://ec.europa.eu/consumers/odr/"
11. Terms of contract, applicable law and place of jurisdiction
11.1 The applicability of deviating contractual or other provisions is excluded, even if Weingesellschaft Ruyter & Ast GmbH does not explicitly object to them.
11.2 The relations between the Parties shall be governed exclusively by the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on the International Sale of Goods (CISG).
11.3 If you are a merchants or legal entity of public law or if you do not have a general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is Bremen. Weingesellschaft Ruyter & Ast GmbH can also file lawsuits against you at any other admissible place of jurisdiction. Arbitral court proceedings are excluded.
12. Severability clause
If individual provisions of these GTC should be or become invalid, the remaining provisions shall remain in full force and effect.