A. AGE OF MAJORITY
The distribution or sale of spirits to persons under 18 years of age is prohibited by law according to the Youth Protection Act (JuSchG). Therefore, the consumer (§ 13 BGB) expressly declares by entering into a contract with us that he has reached the age of 18.
The age of majority will be verified upon delivery. If the proof of age cannot be provided, the goods will not be handed over and the customer or his legal representative has to compensate our possible damage in this respect.
B. GENERAL TERMS AND CONDITIONS
1. Scope of application
1.1 These Terms and Conditions of Somelio GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods and/or services presented by the Seller in its online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
2. Conclusion of contract
2.1 The product representations contained in the online store of the seller do not represent binding offers on the part of the seller, but serve for the submission of a binding offer by the customer.
2.2 The customer can submit the offer by telephone, in writing, by fax, by e-mail or via the online order form integrated in the online store of the seller. In case of an order via the online order form, the Customer, after entering his personal data and by clicking the button "Buy now" in the final step of the ordering process, submits a legally binding contract offer with regard to the goods contained in the shopping cart.
2.3 The Seller may accept the Customer's offer by sending a written (letter) or electronically transmitted (fax or e-mail) order confirmation or by delivering the goods within five days. The Seller is entitled to refuse the acceptance of the order.
2.4 Order processing and contacting usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.
2.5 The period for the acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiration of the day after next, which follows the sending of the offer.
2.6 In the case of an order for alcoholic beverages, the Customer confirms by sending the order that he has reached the minimum age required by law and undertakes to ensure that either he or a person of full age authorized by him may accept the goods.
3. Prices and terms of payment
3.1 The prices quoted by the Seller are final prices and include the statutory German sales tax. Additional delivery and shipping costs, if any, will be indicated separately in the respective product presentation in the offer.
3.2 For deliveries within Germany, the Seller offers the following payment options, unless otherwise specified in the respective product presentation in the offer:
- Prepayment by bank transfer
3.3 If shipping abroad is also offered for the respective item, the customer has the following payment options for deliveries abroad, unless otherwise specified in the respective product presentation in the offer:
- Prepayment by bank transfer
3.4 If prepayment has been agreed, payment is due immediately after conclusion of the contract.
3.5 In case of self-collection, the Seller shall first inform the Customer by e-mail that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the customer can pick up the goods by arrangement with the seller. In this case, no shipping costs will be charged.
4. Delivery and shipping conditions
4.1 The delivery of goods is regularly carried out by shipping and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the Seller's order processing is decisive.
4.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer exercises his right of withdrawal by refusing acceptance, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered service, unless the seller had given him reasonable advance notice of the service.
5. Liability for defects
The statutory liability for defects shall apply.
6. Applicable Law
6.1 All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply 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 habitual residence.
6.2 The language of the contract shall be German.
C. CUSTOMER INFORMATION
1. Information about the identity of the seller
2. Information about the essential characteristics of the goods or service
The essential characteristics of the goods or services are stated in the respective product description posted by the seller.
3. Information about the conclusion of the contract
The conclusion of the contract takes place in accordance with clause 2 of the General Terms and Conditions of the Seller (see above).
4. Information about payment and delivery
Payment shall be made in accordance with clause 4, delivery in accordance with clause 5 of the General Terms and Conditions of the Seller (see above).
5. Information about the technical steps leading to the conclusion of the contract
The conclusion of the contract takes place by offer and acceptance.
5.1 If the Customer uses the Seller's online order form for his order, he submits his offer as follows:
5.1.1 On the Seller's goods offer page, the Customer clicks on the "Add to shopping cart" button in the first step. A window opens in which the Customer can choose between "Continue Shopping" and "Add to Cart". Clicking on "Add to cart" opens a new page that displays the contents of the shopping cart.
5.1.2 Now the customer clicks directly or after he has put more goods into the virtual shopping cart, in the second step on the button "Checkout". If the customer has not yet registered and logged in, a new page opens. In an intermediate step, the customer must either register again and open a customer account, or log in if he is already registered as a customer. If he is already registered as a customer, he fills in the fields "Your e-mail address" and "Password" and then clicks on the button "Continue" under the tab New customer. If he is not yet registered as a customer, he clicks on the "Next" button. Then he fills in the form and clicks the "Next" button. A new page will then open, displaying the billing address and the shipping address, and giving the option to edit the addresses or add more addresses.
5.1.3 Now, directly or after editing or adding addresses, the customer clicks on the "Next" button in the third step.
5.1.4 A new page opens, on which the customer can select the desired payment method by clicking on it in the fourth step. And by clicking on the mouse, place a check mark next to "I hereby accept the data protection provisions and general terms and conditions and confirm that I have read the following cancellation policy".
5.1.5 In the fifth step, the customer clicks on the "Continue" button. A new page will then open, which summarizes the details of the order.
5.1.6 In the sixth step, the customer clicks on "Buy now" to send the order.
5.2 The acceptance by the seller takes place in accordance with section 2.3 of the general terms and conditions of the seller (see above).
6. Information on the storage of the contract text
The text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions and customer information. In addition, the text of the contract is archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected customer account by providing the relevant login data, provided that the Customer has created a customer account in the Seller's online store before submitting his order.
7. Information about the technical means to detect and correct input errors
Before binding submission of the order, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, before the binding submission of the order, all entries are displayed once again in a confirmation window and can also be corrected there using the usual keyboard and mouse functions.
8. Information about the languages available for the conclusion of the contract
Only the German language is available for the conclusion of the contract.
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