TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

TABLE OF CONTENTS

1. Scope
2. Conclusion of contract
3. Cancellation policy
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Liability for damages
9. Redeeming promotional vouchers
10. Redemption of Gift Vouchers
11. Place of Jurisdiction
12. Applicable Law
13. Subject to change
14. Alternative Dispute Resolution

1) SCOPE OF APPLICATION

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of the company Grafschaft Manufaktur GmbH (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.

1.4 Depending on the seller’s product description, the subject of the contract may be both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a permanent delivery (hereinafter “subscription contract”). In the case of a subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract term at the contractually owed time intervals.

2) CONCLUSION OF CONTRACT

2.1 The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller, but rather serve to make a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated into the seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking on the button that completes the ordering process. The customer can also submit the offer to the seller by telephone, fax, email, post or online contact form. After sending the order, the customer receives an order confirmation by email. This order confirmation does not constitute acceptance of the customer’s offer, but is only intended to inform that the order has been received and is being processed by the seller.

2.3 The customer’s offer is accepted by the seller by sending the order confirmation.

2.4 For all available payment methods, payment is processed via the payment service provider PAYONE GmbH, Lyoner Straße 9, 60528 Frankfurt am Main. If the customer selects one of the specified payment methods as part of the online ordering process, he also issues a payment order to PAYONE GmbH by clicking the button that completes the ordering process.

2.5 When submitting an offer via the seller’s online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller will not make the contract text available beyond this. If the customer has set up a user account in the seller’s online shop before sending his order, the order data will be archived on the seller’s website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.

2.6 Before bindingly submitting the order via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser’s magnification function, which enlarges the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.7 Only the German language is available for concluding the contract.

2.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) CANCELLATION POLICY

Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In order to exercise your right of withdrawal, you must inform us (Grafschaft Manufaktur GmbH, Alolfstrasse 15, 61350 Bad Homburg), e-mail: kontakt@grafschaft-kräuterlikör.de) by means of a clear statement (e.g. a letter sent by post or e -Email) about your decision to revoke this contract. You can use the attached sample cancellation form, although this is not mandatory. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusion of the right of withdrawal
The right of withdrawal does not apply to distance selling contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer or which can spoil quickly or whose expiry date is quickly exceeded would. The right of withdrawal is therefore excluded when fresh meat is delivered.

4) PRICES AND PAYMENT TERMS

4.1 Unless otherwise stated in the seller’s product description, the prices stated are total prices and include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.

4.2 The payment options are communicated to the customer in the seller’s online shop.

4.3 When paying using a payment method offered in the online shop, the technical payment processing takes place via a platform of the payment service provider PAYONE GmbH, Lyoner Straße 9, 60528 Frankfurt am Main. The payment service provider’s terms and conditions can be viewed at https://www.payone.com.

4.4 If you select the payment method “SOFORT”, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account with a PIN/TAN procedure that has been activated for participation in “SOFORT”, identify themselves accordingly during the payment process and provide the payment instructions to “SOFORT”. confirm. The payment transaction will be carried out immediately afterwards by “SOFORT” and the customer’s bank account will be debited. The customer can find further information about the “SOFORT” payment method online at https://www.klarna.com/sofort/.

4.5 If you select the payment method “invoice”, payment is processed via the payment service provider PAYONE GmbH, Lyoner Straße 9, 60528 Frankfurt am Main. This carries out invoicing and debt collection. The invoice amount must be paid within 14 days of receipt of the goods, unless another payment deadline is specified. However, the seller remains responsible for general customer inquiries, e.g. B. about the goods, delivery time, shipping, returns, complaints, cancellation declarations and shipments or credit notes. The customer can find further information about the “invoice” payment method on the Internet at https://www.bspayone.com/DE/de/services/payments/gesicherer-rechnungskauf. Purchasing by “invoice” is possible for registered customers from the second order onwards.

4.6 If you select the “credit card” payment method, payment is processed via the payment service provider PAYONE GmbH, Lyoner Straße 9, 60528 Frankfurt am Main. This collects the invoice amount from the customer’s specified credit card account. The credit card will be charged immediately after the customer order has been sent in the online shop. Even if the payment method of credit card payment is selected, the seller remains responsible for general customer inquiries, e.g. about goods, delivery times, shipping, returns, complaints, declarations of cancellation and deliveries or credit notes.

4.7 If you select the payment method “GIROPAY”, payment is processed via the payment service provider giropay GmbH, An der Welle 4, 60322 Frankfurt/Main (hereinafter “GIROPAY”). In order to be able to pay the invoice amount via “GIROPAY”, the customer must have an online banking account with a PIN/TAN procedure that has been activated for participation in “GIROPAY”, identify themselves accordingly during the payment process and provide the payment instructions to “GIROPAY”. confirm. The payment transaction is immediately carried out by “GIROPAY” and debited from the customer’s bank account. The customer can find further information about the “GIROPAY” payment method on the Internet at https://www.giropay.de/kaeufer/online-ueberweise/.

4.8 If you select the payment method “Paydirect”, payment is processed via the payment service provider paydirekt GmbH, Stephanstraße 14-16, 60313 Frankfurt am Main (hereinafter “Paydirect”). In order to be able to pay the invoice amount via “Paydirect”, the customer must have an online banking account with a PIN/TAN procedure that has been activated for participation in “Paydirect”, identify themselves accordingly during the payment process and provide the payment instructions to “Paydirect”. confirm. The payment transaction is immediately carried out by “Paydirect” and debited from the customer’s bank account. The customer can find further information about the “Paydirect” payment method on the Internet at https://www.paydirekt.de/impressum/index.html.

4.9 If you select the payment method “PayPal”, payment is processed via the payment service provider PAYONE GmbH, Lyoner Straße 9, 60528 Frankfurt am Main. This transfers the invoice amount from the customer’s specified PayPal account to the seller’s PayPal account. The customer’s PayPal account is debited immediately after the customer order is sent in the online shop. Even if the payment method “PayPal” is selected, the seller remains responsible for general customer inquiries, e.g. about goods, delivery times, shipping, returns, complaints, declarations of cancellation and deliveries or credit notes.

5) DELIVERY AND SHIPPING TERMS

5.1 Shipping depends on the goods and is displayed to the customer directly under the respective product at the product level and in the shopping cart. In addition, the customer receives information about the shipping day in the order confirmation immediately after purchasing the goods. The customer will receive further information by email when the goods have been handed over to the carrier. The delivery time is a maximum of 4 weeks.

5.2 The customer will be informed immediately of any delays. If the provider is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by its own supplier, even though a corresponding hedging transaction was carried out in a timely manner, the provider has the right to withdraw from a contract with the customer. The customer will be informed immediately and any services received, in particular payments, will be refunded.

5.3 Goods are delivered by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller’s order processing is decisive. Delivery takes place exclusively to Germany.

5.4 Vouchers are provided to the customer as follows: – by email (in printable form, e.g. as a PDF), in paper form or as a voucher code.

6) RETENTION OF TITLE

If the seller makes advance payments, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.

7) LIABILITY FOR DEFECTS (WARRANTY)

7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.

7.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.

8) LIABILITY FOR DAMAGES

8.1 Our liability for breaches of contractual obligations and tort is limited to intent and gross negligence. This does not apply in the event of injury to the customer’s life, body or health, claims due to the violation of cardinal obligations, i.e. H. of obligations that arise from the nature of the contract and whose violation jeopardizes the achievement of the purpose of the contract as well as compensation for damages caused by delay (§ 286 BGB). In this respect, we are liable for every degree of fault.

8.2 Insofar as liability for damages that are not based on injury to life, body or health of the customer due to slight negligence is not excluded, such claims expire within one year starting with the emergence of the claim or, in the case of claims for damages due to a defect, from the handover of the goods Matter.

8.3 To the extent that liability for damages towards us is excluded or limited, this also applies with regard to the personal liability for damages of our employees, employees, employees, representatives and vicarious agents.

9) REDEMPTION OF PROMOTIONAL VOUCHERS

9.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and which cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller’s online shop and only during the specified period.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

9.4 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.

9.5 Only one promotional voucher can be redeemed per order.

9.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.

9.8 The balance of a promotional voucher will neither be paid out in cash nor interest.

9.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

9.10 The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.

9.11 The €10 voucher is valid from a shopping cart value of €60. The validity period of the voucher is defined in the welcome email. Only redeemable online in the Grafschaft online shop and once. Cash payment or subsequent crediting is excluded. You can unsubscribe from the newsletter at any time.

10) REDEMPTION OF GIFT VOUCHERS

10.1 Vouchers that can be purchased via the seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the seller’s online shop, unless the voucher states otherwise.

10.2 Gift vouchers and remaining balance of gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.

10.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

10.7 The balance of a gift voucher will neither be paid out in cash nor interest.

10.8 The gift voucher is only intended for use by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.

11) JURISDICTION

If the customer acts as a merchant, a legal entity under public law or a special fund under public law based in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller’s place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer’s registered office.

12) APPLICABLE LAW

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

13) SUBJECT TO CHANGE

We are entitled to change these General Terms and Conditions with the consent of the customer, provided that the change is reasonable for the customer taking into account the interests of the seller. Consent to the change is deemed to have been given if the customer does not object to the change within six weeks of receipt of the change notification, which includes a reference to the consequences of failure to object.

14) ALTERNATIVE DISPUTE RESOLUTION

14.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

14.2 The seller is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.