1. general, scope of application
For the business relationship between Castenschiold Vestindien Rum KG and the customer, the following General Terms and Conditions (GTC) shall apply in the version valid at the time of the order.
Deviating, contradictory or supplementary general terms and conditions shall not become part of the contract, even if they are known, unless their validity is expressly agreed to in writing.
2. contractual partner
The following contractual conditions apply to all present and future business relations between the customer and the company.
Castenschiold Vestindien Rum KG
Molktestr. 15
24937 Flensburg
E-mail address: webmaster@castenschioldrum.com
Registered at Flensburg Local Court HRA 9301 FL
VAT ID No. DE313030320
Managing Director: Sönke Castenschiold
The customer is an adult consumer (natural person), who concludes a legal transaction for purposes, which can be attributed predominantly neither to his commercial nor his independent, professional activity. The relations between the contracting parties shall be governed by the laws of the Federal Republic of Germany.
Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or partnerships with legal capacity with whom a business relationship is entered into and who act in the exercise of a commercial or independent professional activity.
Both consumers and entrepreneurs are customers in the sense of the terms and conditions.
3. protection of minors
Castenschiold Vestindien Rum KG only supplies brandy or beverages containing brandy to persons who have reached the age of 18 in accordance with the law for the protection of minors. The deliverer hands over the goods only after an age check and only to the customer personally. This takes place on the one hand by the age restriction ((minimum age 18 years) with the purchase in the on-line Shop of the Castenschiold Vestindien KG and on the other hand by a reference on the package for the Zusteller.
By sending the order to Castenschiold Vestindien Rum KG, the customer assures that he is of legal age. If minors carry out legal transactions without the required consent of the legal representative, these are ineffective and will be rejected by Castenschiold Vestindien Rum KG immediately.
4. offer, conclusion of contract, ordering process
The offers and article presentation do not represent a binding offer. Only the order by the customer is a binding offer according to § 145 Civil Code (BGB), which Castenschiold Vestindien Rum KG can accept.
The customer can select products from the Castenschiold Vestindien Rum KG online shops.
Using the button "Add to shopping cart", the customer collects the products he wishes to order in a so-called shopping cart. The products can be removed from the shopping basket at any time by clicking on the "Remove product" button. The selected products can be purchased by clicking on the "Go to checkout" button. By clicking the "Buy now" button, the customer places a binding order for the goods contained in the shopping basket.
The customer can see and change his inputs at any time before obligatory delivery of the order. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
The order can only be placed and transmitted if the customer has accepted the General Terms and Conditions and the Data Protection Declaration (data protection regulations) by ticking the appropriate box and has thereby accepted them in his application. Before placing the order, the customer will be informed about the right of withdrawal, availability of the goods, delivery times and accepted means of payment.
The confirmation of the receipt of the order takes place immediately after the sending by an automated E-Mail (confirmation of receipt). The confirmation of receipt also includes the submission of a declaration of acceptance by Castenschiold Vestindien Rum KG (order confirmation).
The purchase contract is concluded by the submission of the declaration of acceptance by Castenschiold Vestindien Rum KG.
The customer's order is listed again in the order confirmation.
The order confirmation is decisive for the content and scope of the contract. Additional agreements, changes, additions, etc. require a separate confirmation, which is sent with a separate e-mail.
The order confirmation contains these General Terms and Conditions and the data protection regulations as an attachment.
The order confirmation is stored by Castenschiold Vestindien Rum KG. The order confirmation and the general terms and conditions can be printed out by the customer at any time using the "Print" function.
For offers, contract conclusion and order entrepreneurs send an email to webmaster@castenschioldrum.com.
5. storage of the contract text
Castenschiold Vestindien Rum KG stores all orders of its customers and the order data entered.
6. prices, shipping costs and terms of payment
All indicated prices include the legal sales tax. In the case of cross-border deliveries, the customer may have to pay additional taxes (e.g. in the case of intra-Community acquisitions) and/or duties (e.g. customs duties) in individual cases.
The shipping costs are to be borne by the customer.
During the ordering process, the customer can choose from the following payment methods: PayPal, Sofortüberweisung as well as payment by Mastercard credit card and VISA credit card. The sales price including shipping costs is due immediately for the consumer with the purchase. Information on data protection can be found in the data protection declaration of Castenschiold Vestindien Rum KG.
The invoice for the consumer is issued exclusively by electronic means in a separate e-mail. The invoice can be printed out by the customer at any time using the "Print" function.
For the entrepreneur it is possible to transfer a delivery against invoice as well as the invoice amount. Castenschiold Vestindien Rum KG reserves the right to refuse this and to demand payment in advance. If an invoice is issued, the entrepreneur undertakes to pay the purchase price within 10 working days of receipt of the goods. After expiry of this period, the entrepreneur shall be in default of payment. No further reminder is required.
During the delay the entrepreneur has to pay interest on the monetary contract debt at 7% above the base interest rate. Castenschiold Vestindien Rum KG reserves the right to prove and assert higher damages caused by default against the entrepreneur.
7. terms of delivery and availability
The delivery of articles takes place by dispatch to the delivery address indicated by the customer. They will be shipped, at the latest on the 5th day after registration of the receipt of payment. With entrepreneurs the dispatch takes place in bilateral arrangement. The delivery of the freight mail takes place exclusively during the week from Monday to Saturday.
Upon receipt of the goods, the customer must check whether the packaging of the delivery is undamaged and whether the correct products have been delivered in the ordered quantity. Any misdelivery or damage must be acknowledged by the deliverer. In this case, the customer must immediately contact Castenschiold Vestindien Rum KG. The statutory warranty rights remain unaffected by this.
If one or more articles are not available, the customer will receive a corresponding notification by e-mail. There are no costs for pre-orders. If the article is again available, the customer is informed about it in a corresponding message by e-mail and the customer can order the article over the usual order process. The pre-ordered articles remain the property of Castenschiold Vestindien Rum KG until full payment has been received.
Deliveries to locations outside Germany must be ordered separately. Orders will be accepted via webmaster@castenschioldrum.com .
8. transfer of risk for entrepreneurs
The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon delivery. In the case of sale by delivery to destination, this risk shall pass to the customer upon delivery of the goods to the carrier, the forwarding agent, or a person or institution designated to carry out the shipment.
9. retention of title
In the case of consumers, the delivered goods shall remain the property of Castenschiold Vestindien Rum KG until full payment has been received.
For contracts with entrepreneurs, Castenschiold Vestindien KG reserves ownership of the goods until full payment of all claims arising from an ongoing business relationship.
Castenschiold Vestindien KG is entitled to withdraw from the contract and demand the return of the goods in the event of breach of contract by the entrepreneur, in particular in the event of default in payment.
The entrepreneur is entitled to resell the goods in the ordinary course of business. He already now assigns to Castenschiold Vestindien Rum KG all claims in the amount of the invoice amount which accrue to him from the resale against a third party. Castenschiold Vestindien Rum KG accepts the assignment. After the assignment, the entrepreneur is authorised to collect the claim. Castenschiold Vestindien Rum KG reserves the right to collect the claim itself as soon as the entrepreneur does not properly meet his payment obligations and falls into arrears.
10 Warranty and liability for defects
The statutory provisions regarding warranty and liability for defects shall apply.
If the customer is an entrepreneur, Castenschiold Vestindien Rum KG shall initially provide warranty for defects in the goods at its own discretion by repair or replacement.
The warranty period for entrepreneurs is one year.
Entrepreneurs must report obvious defects to Castenschiold Vestindien KG in writing within 10 working days of receipt of the goods. If this period is exceeded, the assertion of the warranty claim is excluded. Timely dispatch of the assertion is sufficient to meet the deadline. The full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of the determination of the defect and for the timeliness of the notice of defect must be provided by the entrepreneur.
11. right of revocation
Right of withdrawal for consumers
Beginning of the revocation instruction
revocation instruction
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you have taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (Castenschiold Vestindien Rum KG; Moltkestr. 15, 24937 Flensburg, webmaster@castenschioldrum.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached sample revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
If you revoke this Agreement, we will reimburse to you all payments we have received from you, including delivery charges (other than the additional charges resulting from your choosing a method of delivery other than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notice of your revocation of this Agreement. We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You shall return or deliver the Goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this Contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days. The goods are to be returned at the risk of Castenschiold Vestindien Rum KG. Castenschiold Vestindien Rum KG shall bear the return costs.
You only have to pay for a possible loss in value of the goods if this loss in value is due to a handling of the goods which is not necessary for checking their condition, properties and function.
Withdrawal form (sample)
(If you want to cancel the contract, please fill out this form and send it back.)
To:
Castenschiold Vestindien Rum KG
Moltkestr. 15
24937 Flensburg
(Alternatively to: webmaster@castenschioldrum.com)
- Herewith I/we (*) revoke the one from me/us (*)
the contract concluded for the purchase of the following goods (*)/the provision of the following services (*)
- Ordered on (*)/received on (*)
- Name(s) of consumer(s)
- Address of consumer(s)
- Signature of the consumer(s) (only if communicated)
on paper)
- date
_______________
(*) Delete as appropriate
End of the revocation instruction
12. data protection
Castenschiold Vestindien Rum KG will treat any personal data that may be entered confidentially and in compliance with data protection regulations. Further information can be found in the data protection regulations of Castenschiold Vestindien Rum KG.
13 Force majeure
If the service owed is not rendered due to force majeure (e.g. natural disasters), Castenschiold Vestindien Rum KG shall be released from the obligation to perform for the duration of the hindrance. If the execution of the order or delivery of the goods takes longer than 30 days due to force majeure, the customer is entitled to withdraw from the contract.
14. applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The contractual language is German. Only the German language is available for the conclusion of the contract.
15. consumer mediation, final provisions, place of jurisdiction
The European Commission provides a platform for online dispute resolution (OS) which can be found at http.//ec.europa.eu/consumers/odr (external link). In principle, Castenschiold Vestindien Rum KG is prepared, but not obliged, to participate in a dispute settlement procedure before a consumer arbitration board.
Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
If the customer is an entrepreneur, a special fund under public law or a legal entity under public law, Flensburg is the place of jurisdiction for all disputes arising from contractual relationships between the customer and Castenschiold Vestindien Rum KG.
Widerrufsrecht
Right of withdrawal for consumers
Beginning of the revocation instruction
revocation instruction
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you have taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (Castenschiold Vestindien Rum KG; Moltkestr. 15, 24937 Flensburg, webmaster@castenschioldrum.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached sample revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
If you revoke this Agreement, we will reimburse to you all payments we have received from you, including delivery charges (other than the additional charges resulting from your choosing a method of delivery other than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notice of your revocation of this Agreement. We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You shall return or deliver the Goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this Contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days. The goods are to be returned at the risk of Castenschiold Vestindien Rum KG. Castenschiold Vestindien Rum KG shall bear the return costs.
You only have to pay for a possible loss in value of the goods if this loss in value is due to a handling of the goods which is not necessary for checking their condition, properties and function.
Withdrawal form (sample)
(If you want to cancel the contract, please fill out this form and send it back.)
To:
Castenschiold Vestindien Rum KG
Moltkestr. 15
24937 Flensburg
(Alternatively to: webmaster@castenschioldrum.com)
- Herewith I/we (*) revoke the one from me/us (*)
the contract concluded for the purchase of the following goods (*)/the provision of the following services (*)
- Ordered on (*)/received on (*)
- Name(s) of consumer(s)
- Address of consumer(s)
- Signature of the consumer(s) (only if communicated)
on paper)
- date
_______________
(*) Delete as appropriate