1.1 These General Terms and Conditions (hereinafter “GTC”) of Grafschaft Manufaktur GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller concerning the goods presented by the Seller in its online shop. The inclusion of any conditions of the Customer is hereby excluded, unless otherwise agreed upon.
1.2 These GTC also apply to contracts for the delivery of vouchers, unless otherwise expressly stated.
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 or independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person, or a partnership with legal capacity, who acts in the exercise of their commercial or independent professional activity when entering into a legal transaction.
1.4 The subject of the contract can – depending on the product description of the Seller – be either the acquisition of goods via a one-time delivery or the acquisition of goods via a permanent delivery (hereinafter “Subscription Agreement”). In the case of a Subscription Agreement, the Seller undertakes to deliver the contractually owed goods to the Customer for the duration of the agreed contractual term in the contractually agreed intervals.
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers from the Seller but serve as an invitation for the Customer to make a binding offer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic order process, the Customer submits a legally binding offer concerning the goods in the shopping cart by clicking the button that completes the ordering process. Furthermore, the Customer may also submit the offer by phone, fax, email, post, or via the online contact form to the Seller. After submitting the order, the Customer will receive an order confirmation via email. This order confirmation does not constitute an acceptance of the Customer’s offer but merely informs the Customer that the order has been received and is being processed by the Seller.
2.3 The Customer’s offer is accepted by the Seller upon sending the order confirmation.
2.4 For all available payment methods, payment processing is handled by the payment service provider PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt am Main. When the Customer selects one of the payment methods during the online order process, they simultaneously issue a payment order to PAYONE GmbH by clicking the button that completes the order process.
2.5 When submitting an offer via the Seller’s online order form, the contract text will be stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g., email, fax, or letter) after the order is sent. The Seller does not provide any further access to the contract text. If the Customer has created a user account in the Seller’s online shop before submitting the order, the order data will be archived on the Seller’s website and can be accessed by the Customer via their password-protected user account using the corresponding login data.
2.6 Before the binding submission of the order via the Seller’s online order form, the Customer can recognize any input errors by carefully reading the information displayed on the screen. A useful technical tool for better recognition of input errors can be the zoom function of the browser, which enlarges the display on the screen. The Customer can correct their entries as long as they have not clicked the button that completes the ordering process, using the usual keyboard and mouse functions during the electronic ordering process.
2.7 The language available for contract conclusion is exclusively German.
2.8 The order processing and communication generally occur via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate so that emails sent by the Seller can be received. In particular, the Customer must ensure that all emails sent by the Seller or by third parties tasked with order processing can be delivered when using spam filters.
You have the right to withdraw from this contract within fourteen days without stating a reason. The withdrawal period is fourteen days from the day you or a third party named by you, who is not the carrier, took possession of the goods. To exercise your right of withdrawal, you must inform us (Grafschaft Manufaktur GmbH, Alolfstrasse 15, 61350 Bad Homburg, Email: kontakt@grafschaft-kräuterlikör.de) by means of an unequivocal statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the notification regarding the exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (except for the additional costs arising from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and in any event within fourteen days from the day we receive notification of your withdrawal from this contract. We will use the same means of payment for the reimbursement that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this reimbursement. You must send back the goods or hand them over to us without undue delay and in any event within fourteen days from the day on which you communicate your withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You will bear the direct cost of returning the goods. You will only be liable for any diminished value of the goods if this loss in value is due to unnecessary handling of the goods to examine their condition, properties, and functioning.
The right of withdrawal does not apply to contracts for the delivery of goods that are not pre-made and for the manufacture of which an individual selection or specification by the consumer is crucial or which are clearly tailored to the personal needs of the consumer or which can spoil quickly or whose expiration date would quickly be exceeded. Thus, the right of withdrawal is excluded for the delivery of fresh meat.
4.1 Customers have the right to return items in accordance with the statutory provisions and our withdrawal conditions.
4.2 For returns, the following applies:
4.3 Further details on the right of withdrawal and return conditions can be found in our withdrawal instruction.
5.1 Unless otherwise stated in the product description of the Seller, the prices stated are total prices, which include the statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.
5.2 The payment options will be communicated to the Customer in the Seller’s online shop.
5.3 The Customer can make the payment via the payment service “Mollie”. The payment processing is handled by Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands. The individual payment methods offered via Mollie will be communicated in our online shop. Mollie may use other payment services for payment processing, for which special payment terms may apply, and the Customer will be separately notified. Further information on “Mollie” can be found at https://www.mollie.com/de/.
6.1 Shipping is dependent on the goods and will be displayed directly to the Customer under the respective product on the product page and in the shopping cart. Additionally, the Customer will receive information about the shipping day in the order confirmation right after purchasing the goods. Further information will be provided via email when the goods are handed over to the carrier. The delivery time is a maximum of 4 weeks.
6.2 The Customer will be immediately informed of any delays. If the Supplier encounters a permanent delivery obstacle, particularly due to force majeure or failure of delivery by their own supplier, despite having made a timely corresponding covering transaction, the Supplier has the right to withdraw from the contract with the Customer. The Customer will be informed immediately, and received payments, including any costs, will be refunded.
6.3 The delivery of goods will take place by shipping to the address provided by the Customer, unless otherwise agreed. The delivery address specified in the order processing of the Seller is decisive for the transaction. Delivery is made exclusively to Germany.
6.4 Vouchers will be provided to the Customer as follows: – by email (in printable form, e.g., as a PDF), on paper, or as a voucher code.
If the Seller advances payment, they retain ownership of the delivered goods until the full purchase price has been paid.
8.1 If the purchased item is defective, the legal provisions on defect liability apply.
8.2 The Customer is requested to report any obvious transport damages to the carrier and to inform the Seller. Failure to do so will not affect the Customer’s legal or contractual claims.
9.1 Our liability for contractual breaches and tort is limited to intent and gross negligence. This does not apply to injuries to life, body, and health of the Customer, claims due to the violation of cardinal duties (i.e., duties arising from the nature of the contract, and whose breach jeopardizes the achievement of the contract’s purpose), as well as compensation for delay damages (§ 286 BGB). In such cases, we are liable for any degree of fault.
9.2 Where liability for damages not involving the violation of life, body, or health is concerned, claims for light negligence expire within one year from the claim’s occurrence, or for damage claims due to a defect, from the handover of the goods.
9.3 If liability for damages is excluded or limited, this applies to the personal liability of our employees, workers, representatives, and agents as well.
10.1 Vouchers issued by the Seller as part of promotional campaigns, with a specific validity period, which the Customer cannot purchase (hereinafter “Promotional Vouchers”), can only be redeemed in the Seller’s online shop and only within the specified period.
10.2 Promotional Vouchers can only be redeemed by consumers.
10.3 Individual products may be excluded from the promotional voucher campaign. For such exclusions, we will inform the Customer accordingly in the promotion details.
11.1 Gift vouchers purchased via the Seller’s online shop can only be redeemed for the purchase of products in the Seller’s online shop.
11.2 The gift voucher is not redeemable for cash or transferable.
12.1 If the Customer is a merchant, legal entity under public law, or public-law special fund, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is the Seller’s registered office.
13.1 The law of the Federal Republic of Germany applies to contracts between the Seller and the Customer, excluding the UN Convention on Contracts for the International Sale of Goods.
14.1 We reserve the right to modify these terms and conditions. All modifications will be communicated to the Customer at least 30 days in advance and apply only to contracts concluded after this notification.
15.1 The European Commission provides a platform for online dispute resolution (ODR), which can be found at: https://ec.europa.eu/consumers/odr
15.2 We are not willing or obligated to participate in dispute resolution proceedings before a consumer arbitration board.
