General Terms and Conditions with Customer Information

1. area of application
2. conclusion of contract
3. prices and terms of payment
4. delivery and shipping conditions
5. right of revocation
6. retention of title
7. liability for defects
8. redemption of promotional vouchers
9. applicable law
10. place of jurisdiction
11. information on codes of conduct to which the seller has subscribed
12. information on online dispute resolution

1. Area of application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of “Birkenhof-Brennerei 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 regarding the goods offered by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is objected to unless otherwise agreed.
1.2 A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.
1.3 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

2 Conclusion of contract

2.1 The presentation of the goods, in particular in the online shop, does not constitute a binding offer by the seller.
2.2 First, the customer places the selected goods in the shopping basket. In the following step, the ordering process begins, in which all necessary data for order processing are recorded. At the end of the ordering process, a summary of the order and contract data appears. Only after confirming this order and contract data by clicking on the button concluding the order process does the customer submit a binding offer to purchase the goods contained in the shopping basket.
2.3 The Seller accepts the Customer’s offer by the following possible alternatives:
– sending a written order confirmation or an order confirmation in text form (fax or email)
or
– requesting payment from the customer after the order has been placed
or
– delivery of the ordered goods
Decisive for the time of acceptance is the first alternative that has occurred. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall constitute a rejection of the offer. The customer is then no longer bound by his declaration of intent.
2.4 The text of the contract concluded between the Seller and the Customer shall be stored by the Seller. The text of the contract is stored on the Seller’s internal systems. The customer can view the General Terms and Conditions at any time on this page. The order data, the cancellation policy and the General Terms and Conditions shall be sent to the customer by email. After completion of the order, the text of the contract is accessible to the customer free of charge via his customer login, provided that he has opened a customer account.

2.5 All entries made are displayed before the order button is clicked and can be viewed by the customer before the order is sent and corrected by pressing the browser’s back button or the usual mouse and keyboard functions. In addition, buttons for correction are available to the customer, if available, and are labelled accordingly.
2.6 The contractual language is German.
2.7 It is the customer’s responsibility to provide a correct email address for contacting and processing the order, as well as to set the filter functions in such a way that emails relating to this order can be delivered.
2.8 If the purchase contract concerns alcoholic beverages, the customer must ensure that he or an authorised adult person is allowed to receive the goods. Furthermore, by sending his order, the customer declares that he has reached the legal minimum age required for the sale of alcoholic beverages.
for the sale of alcoholic beverages.

3. Prices and terms of payment

3.1 The prices shown are final prices including the statutory value added tax, unless otherwise agreed. If additional shipping costs are incurred, this can be found in the product description.
3.2 The customer can select the payment methods available in the online shop.
3.3 In the case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.
3.4 In the case of payment by “PayPal”, payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-.
24 Boulevard Royal, L-2449 Luxembourg. The terms of use of PayPal apply. These can be viewed at
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.5 In the case of payment via “PayPal Direct Debit”, the collection of the receivable shall be effected by PayPal from the customer’s bank account after a SEPA direct debit mandate has been issued and after expiry of the period for prior information on behalf of the seller. Prior information is the seller’s announcement to the customer that his account will be debited by means of a SEPA Direct Debit and can take the form of an invoice or a contract, for example. If the direct debit cannot be honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit without being entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if the customer is responsible for this. The remaining contractual relationship as well as rights and obligations vis-à-vis the Seller and the Seller shall remain unaffected by payment by direct debit.

3.6 In cooperation with Klarna Bank AB (publ) https://www.klarna.com/de/, Sveavägen 46, 111 34 Stockholm, Sweden, the Seller offers payment options via Klarna for Germany and Austria. In the event of selection by the customer, payment shall be made to Klarna in each case:
– Klarna Invoice: When purchasing on account with Klarna, the customer first receives the goods. The payment period
is 14 days. The customer can find the terms and conditions for purchase on account for deliveries to Germany here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/K780063/de_de/invoice?fee=0
and the complete terms and conditions for purchase on account for deliveries to Austria can be found here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/K780063/de_at/invoice?fee=0.
General information about Klarna: https://www.klarna.com/de/.
The personal data of the customer will be processed by Klarna in accordance with the applicable
data protection regulations and in accordance with the information in the Klarna data protection regulations for
Germany http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy / Austria
http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacy.
Note: Klarna is not responsible for fulfilling the seller’s legal information obligations towards the
customer. In particular, Klarna does not send the customer information on the right of withdrawal for the contract
between the merchant and the customer and no order confirmation. For the fulfilment of the legal
obligations concerning the contractual relationship between the seller and the customer.
responsible.

4. Delivery and shipping conditions

4.1 The delivery of goods by mail order shall be made to the delivery address specified by the customer. Deviating from this, in the case of payment by PayPal, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
4.2 If the Seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these costs shall be reimbursed by the Customer, unless the Customer is not responsible for the incorrect information or impossibility. The same shall apply in the event that the customer was temporarily prevented from accepting the service, unless the seller gave him reasonable prior notice of the service. The costs of sending the goods are excluded from this regulation if the customer has effectively exercised his right of withdrawal. In this case, the statutory provision or the provision made by the seller shall apply.

4.3 Self-collection is not offered.
4.4 Vouchers are provided to the customer in the following form:
– by e-mail
– by download
– by post

5 Right of revocation

5.1 If the customer is a consumer, he is generally entitled to a right of revocation.
5.2 The Seller’s cancellation policy applies to the right of cancellation, which can be found at: https://birkenhof.ximaj-testshop.de/widerrufsrecht.

6 Retention of title

If the Seller makes an advance payment, the goods shall remain the property of the Seller until the purchase price has been paid in full.

7 Liability for defects

7.1 With regard to the warranty, the provisions of the statutory liability for defects shall apply unless otherwise agreed in these GTC.
7.2 The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. Failure to do so shall have no effect whatsoever on the customer’s statutory or contractual claims for defects.

8. redemption of promotional vouchers

8.1 Vouchers which the Seller issues free of charge as part of (promotional) campaigns with a specific period of validity and which the Customer cannot purchase (“promotional vouchers”) can only be redeemed in the Seller’s online shop and only during the period specified by the Seller.
8.2 Individual Products may be excluded from the Voucher Promotion.
The specific restrictions, if any, can be found on the promotional voucher.
8.3 Promotional vouchers can only be redeemed before the order process is completed. There will be no subsequent offsetting.
8.4 Only one promotional voucher can be redeemed per order. The redemption of several promotional vouchers in one order is not possible.
8.5 The value of the goods in the respective order must be at least the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
8.6 If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
8.7 The credit balance of a promotional voucher is neither paid out nor does it earn interest.
8.8 The promotional voucher will also not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of revocation.
8.9 The promotional gift voucher is personal and may only be redeemed by the person named on it. A transfer of the gift voucher to third parties is excluded. The Seller has the right, but not the obligation, to check the material eligibility of the respective voucher holder.

9 Applicable law

The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.
The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.

10 Jurisdiction

If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s registered office.
If the customer has its registered office outside the territory of the Federal Republic of Germany, the Seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if this contract or claims arising from this contract can be attributed to the customer’s professional or commercial activity. Nevertheless, in the aforementioned cases, the seller is also entitled to call upon the court at the customer’s registered
court at the customer’s place of business.

11. information on codes of conduct to which the seller has subscribed

The seller has submitted to the code of conduct of Trusted Shops GmbH, the criteria of which are available on the Internet at
http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
The seller has submitted to the guidelines for “Google Customer Reviews”, which can be found at
https://support.google.com/merchants/topic/7105962.

12 Information on online dispute resolution

The platform for online dispute resolution of the EU Commission can be accessed on the Internet at the following link:
https://ec.europa.eu/odr
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
obliged nor willing.