1.1 Scope of application
These General Terms and Conditions shall apply in the version valid at the time of conclusion of the contract to all business relations between us TL.Berlin Distribution Europe, Mr. Danny Uhlmann, Thälmann Straße 19, 99085 Erfurt / alternative address: City Tower 2, 48 Sheikh Zayed Road, Office 201, Dubai/ UAE and you. Should you use conflicting general terms and conditions, these are hereby expressly contradicted.
1.2 Contractual Agreement
Contract language is German and English.
1.3 Protection of minors
The German law for the protection of minors must be observed. In accordance with the German Youth Protection Act, we do not sell wine to young people under the age of 16. Spirits are not sold to young people under 18 years of age. By placing an order, the buyer confirms that he or she is of the required age according to the German Youth Protection Act.
You can create a customer account. Here, the required data will be requested. The entries are confirmed by clicking on the "Register" button. You will then receive a confirmation e-mail with the information required for login. Only when you have logged in to our website for the first time with these details is the registration complete.
The password that enables you to access the personal area must be treated as strictly confidential and may not be disclosed to third parties under any circumstances. You shall take appropriate and reasonable measures to prevent third parties from obtaining knowledge of your password. A customer account cannot be transferred to other users/customers or other third parties. We are not liable for damages caused by the misuse of the password.
1.5 Conclusion of contract
The presentation of the product range in our online store is initially subject to change and non-binding. The ordering process consists of a total of four steps. In the first step you select the desired goods. In the second step, you enter your data, including billing address and, if applicable, different delivery address, unless you have already stored them in your customer account. In the third step you select the desired payment method. In the fourth step you have the opportunity to check all details (e.g. name, address, payment method, ordered items) once again and correct any input errors before you confirm your order by clicking on the button "order subject to payment". With the order you declare your contract offer bindingly. We will confirm receipt of the order immediately. The confirmation of receipt does not constitute a binding acceptance of the order. We are entitled to bindingly accept the contractual offer contained in the order within two days of receipt of the order by e-mail, telephone, post or by notifying you of the dispatch of the goods. The contract shall only be concluded upon acceptance.
1.6 Storage of the contract text
The contract's text will be stored by us and sent to you in text form (e.g. by e-mail or post) after you have sent your order together with these General Terms and Conditions and customer information. However, the contract text can no longer be retrieved by you via the website after you have sent your order. You can use the print function of the browser to print out the relevant website with the text of the contract.
2.1 Partial deliveries
We are entitled to make partial deliveries if this is reasonable for you. In the case of partial deliveries, however, you will not incur any additional shipping costs.
2.2 Delays in delivery and performance
Delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events which cannot be prevented by us even by exercising the utmost care and for which we are not responsible (this includes in particular strikes, official or court orders and cases of incorrect or improper self-delivery despite covering transactions to this effect) shall entitle us to postpone the delivery by the duration of the impeding event.
2.3 Exclusion of delivery
Post office box addresses shall not be supplied.
2.4 Default in acceptance
If you are in default of acceptance of the ordered goods, we shall be entitled, after setting a reasonable grace period, to revoke the contract and to claim damages for default or non-performance. During the delay in acceptance, you shall bear the risk of accidental loss or accidental deterioration.
2.5 Time of performance
Unless expressly agreed otherwise, delivery by us shall be made within 5 days. The period for delivery shall commence on the day after the payment order is issued to the remitting bank in the case of payment in advance or on the day after the conclusion of the contract in the case of payment on delivery or purchase on account. The period ends on the following fifth day. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the period ends on the next working day.
3.1 Prices and shipping costs
All prices are inclusive of VAT. In addition, there are the costs for packaging and shipping, which are shown separately in each case, unless collection by you at our place of business is agreed.
3.2 Default of payment
You shall be in default of payment if payment is not received by us within two weeks of receipt of the invoice. In the event of late payment, interest shall be charged at a rate of 5 percentage points above the prime rate of the European Central Bank, or 9 percentage points above the prime rate of the European Central Bank in the case of legal transactions in which a consumer is not involved. If you default with your payments, we reserve the right to charge 2.50 euro reminder fees. We reserve the right to claim damages in excess of this amount. You shall have the opportunity to prove that we have incurred no or less damage.
3.3 Right of retention
You shall only be entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation.
4. Revocation policy for consumers in distance selling contracts
Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods / the last goods.
To exercise your right of revocation, you must inform us (TL.Berlin Distribution Europe Mr. Danny Uhlmann, Thälmann Straße 19, 99085 Erfurt / alternative address: City Tower 2, 48 Sheikh Zayed Road, Office 201, Dubai/ UAE, e-mail: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post, e-mail) of your decision to revoke from this contract. You can use the attached sample revocation form for this purpose, but it is not mandatory.
To comply with the revocation period, it is sufficient that you send the notice of exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment 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 or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify 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 shall bear the direct costs of returning the goods.
You will 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 condition, properties and functioning of the goods.
- End of the revocation policy -
Exclusion of the right of revocation
The right of revocation does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Likewise, a right of revocation does not exist for contracts for the supply of goods that can spoil quickly or whose expiration date would be exceeded soon.
Special notes on the premature expiry of the right of revocation
In the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, your right of revocation shall expire prematurely if the seal on the goods has been removed after delivery. In the case of contracts for the delivery of audio or video recordings or computer software in sealed packaging, your right of revocation shall expire prematurely if the seal has been removed after delivery.
5. Retention of title
The delivered goods remain our property until full payment of the purchase price. You must always treat the goods subject to simple retention of title with care. You assign your claims for damages due to damage, destruction or loss of the delivered goods to us. In the event of any breach of contract by you, in particular in the event of default in payment, we shall be entitled to take back the purchased goods. Taking back the goods does not constitute a revocation from the contract unless we expressly declare this in text form.
6.1 Warranty claim
The statutory warranty rights shall apply. A warranty claim can only arise with regard to the quality of the goods, reasonable deviations in the aesthetic quality of the goods are not subject of the warranty claim. In particular, the descriptions, representations and specifications in our offers, brochures, catalogs, on the website and other documents, there may be technical and design deviations (eg color, weight, dimensions, layout, scale, positioning, etc.), provided that these changes are reasonable for you. Such reasonable reasons for changes may result from fluctuations customary in the trade and technical production processes. If guarantees are given in addition to the warranty claims, you will find their exact conditions with the product in each case. Any guarantees do not affect the warranty rights. You are obliged to make the defective goods available to us for the purpose of subsequent performance.
6.2 Warranty towards consumers
The risk of accidental loss and accidental deterioration of the goods sold shall not pass to you until the goods are handed over to you. If you notice that the outer packaging arrives damaged or if you notice any damage after receiving the goods, please inform us. However, there is no obligation to make such notification and warranty rights will not be affected by failure to notify us. If the goods are defective, you may, at your option, subsequently demand performance in the form of repair or replacement within a reasonable period. We shall bear the costs of taking back the goods to be replaced.
6.3 Warranty towards entrepreneurs
The following shall apply to entrepreneurs in deviation from the statutory warranty provisions: In the event of a defect, we shall, at our discretion, provide subsequent performance in the form of rectification of the defect or new delivery. In this case, the risk of accidental loss or accidental deterioration of the item shall already pass to you upon handover to the person designated for transport. Entrepreneurs must report apparent defects immediately, non-obvious defects immediately after discovery in text form; otherwise the assertion of the warranty claim is excluded. Timely dispatch shall be sufficient to meet the deadline. The Contractor shall bear the full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.
6.4 Rights in case of insignificant defects
If the defect is only insignificant, you shall only be entitled to a reasonable reduction of the purchase price to the exclusion of the right of rescission.
6.5 Compensation in case of defects
No warranty is given for damage caused by improper handling or use. Express reference is made to the following exclusion of liability.
6.6 Statute of limitations
For consumers, the statutory limitation periods apply, unless a different limitation period is expressly agreed for used goods. If you are an entrepreneur, the warranty for used goods is excluded and for new goods it is 1 year. Excepted from this is the right of recourse according to § 478 BGB (German Civil Code). The shortening of the limitation period expressly does not exclude liability for damages arising from injury to life, limb or health, or in the event of intent or gross negligence. The provisions of the Product Liability Act shall also remain unaffected.
7.1 Exclusion of liability
We as well as our legal representatives and vicarious agents shall only be liable for intent or gross negligence. Insofar as essential contractual obligations (i.e. obligations whose compliance is of particular importance for the achievement of the purpose of the contract) are affected, we shall also be liable for slight negligence. In this case, liability shall be limited to the foreseeable damage typical for the contract. With respect to entrepreneurs, we shall be liable in the event of a grossly negligent breach of non-essential contractual obligations only to the extent of the foreseeable damage typical for the contract.
7.2 Reservation of liability
The above exclusion of liability shall not apply to liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act shall also remain unaffected by this exclusion of liability.
8. Final provisions
8.1 Place of jurisdiction
Our registered office is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law.
8.2 Choice of law
Unless mandatory statutory provisions according to your home country's law conflict with this, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
8.3 Consumer dispute resolution procedure
The EU Commission has created an Internet platform for the online resolution of disputes concerning contractual obligations arising from online contracts (OS platform). You can access the ODR platform at the following link: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
8.4 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.