Terms of service

GENERAL TERMS AND CONDITIONS OF SALE

Scope of Application
These terms and conditions apply to all purchases made by private customers from Destillerie Kammer-Kirsch GmbH [Imprint].
Private customers within the meaning of these terms are persons with residence and delivery address in the Federal Republic of Germany, provided that the goods they order are not attributable to their commercial or independent professional activity.

Conclusion of Contract
The presentation of our goods and the granting of the opportunity to place an order constitutes a binding offer on our part to conclude a purchase contract.
By placing your order, you accept the offer and the purchase contract is concluded.
You will receive an order confirmation by email to the address you provided.

Prices and Shipping Costs
The prices shown are final prices including VAT. The price applicable is the one stated at the time of the binding order. Shipping costs will be added, which depend on the shipping method as well as the size and weight of the goods ordered. Details can be found under [Shipping Costs].
We bear the regular costs of return shipping that arise if you return the goods in exercising your right of withdrawal [Right of Withdrawal]. When exercising your right of withdrawal, we will also reimburse the shipping costs.

Payment
Payment is made upon delivery via:
    - Credit card
    - PayPal
    - Klarna

Default of Payment
If you are in default of payment, Destillerie Kammer-Kirsch GmbH is entitled to charge default interest at a rate of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank at the time of the order. If Destillerie Kammer-Kirsch GmbH can prove a higher loss caused by delay, Destillerie Kammer-Kirsch GmbH is entitled to claim it.

Right of Retention
The customer is only entitled to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.

Delivery
(1) Delivery will be made to the delivery address provided by the customer, within:
    - Germany
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other performance permanently impossible, Destillerie Kammer-Kirsch GmbH is released from its obligation to perform. Any amounts already paid will be refunded by Destillerie Kammer-Kirsch GmbH without delay.
(3) Destillerie Kammer-Kirsch GmbH may also refuse to perform to the extent that such performance would require an effort that, taking into account the content of the purchase contract and the requirements of good faith, is grossly disproportionate to the customer’s interest in the fulfillment of the purchase contract. Any amounts already paid will be refunded by Destillerie Kammer-Kirsch GmbH without delay.
(4) Bulky goods (parcels with a volume greater than 1 sqm) are usually delivered by freight carrier. Destillerie Kammer-Kirsch GmbH expressly points out that such goods will not be carried into the house.

Return Shipping – Favorable Method
(1) Please use, if possible, the original packaging for returning goods and accessories, even if this is damaged due to opening for a functional check.
(2) Please use the fully prepaid and addressed return label enclosed with the goods delivery for the return shipment. This is the simplest and most cost-effective shipping option. You are not obliged to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be required to bear the increased costs compared to a cheaper shipping method.

Retention of Title
Until full payment of all claims arising from the purchase contract against the customer, the delivered goods remain the property of Destillerie Kammer-Kirsch GmbH. As long as this retention of title exists, the customer may not resell the goods nor dispose of the goods; in particular, the customer may not contractually grant third parties the right to use the goods.

Warranty Rights
(1) If a product is already defective upon delivery (warranty case), Destillerie Kammer-Kirsch GmbH will, at the customer’s choice and at its own expense, replace the product with a defect-free one or have it properly repaired (subsequent performance). The customer is informed that a warranty case does not exist if the product had the agreed quality at the time of the transfer of risk. In particular, a warranty case does not exist in the following cases:
a) for damages caused by misuse or improper use by the customer,
b) for damages resulting from the product being exposed to harmful external influences at the customer's premises (especially extreme temperatures, moisture, extraordinary physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) Destillerie Kammer-Kirsch GmbH also does not provide any warranty for defects caused by improper repair by a service partner not authorized by the manufacturer.
(3) If the method of subsequent performance (replacement or repair) requested by the customer requires an effort which, in consideration of the product price, the content of the contract, and the requirements of good faith, is grossly disproportionate to the customer’s interest in performance – especially considering the value of the purchase item in defect-free condition, the significance of the defect, and whether the other type of subsequent performance can be resorted to without significant disadvantages for the customer – the customer’s claim is limited to the other type of subsequent performance. The right of Destillerie Kammer-Kirsch GmbH to also refuse this other type of subsequent performance under the aforementioned conditions remains unaffected.
(4) In both cases of repair and replacement, the customer is obliged to send the product at the expense of Destillerie Kammer-Kirsch GmbH to the return address specified by it, stating the order number. Before sending, the customer must remove any items inserted by themselves from the product. Destillerie Kammer-Kirsch GmbH is not obliged to check the product for the installation of such items. Destillerie Kammer-Kirsch GmbH is not liable for the loss of such items unless it was immediately apparent to Destillerie Kammer-Kirsch GmbH upon receipt that such an item had been inserted into the product (in this case, Destillerie Kammer-Kirsch GmbH will inform the customer and hold the item ready for collection by the customer; the customer will bear the resulting costs). The customer is also responsible, before sending a product for repair or replacement, to create separate backup copies of the system software, applications, and all data on a separate data carrier and to deactivate all passwords. Liability for data loss is not accepted. It is also the customer’s responsibility, after the repaired product or replacement product has been returned, to reinstall the software and data and to reactivate the passwords.
(5) If the customer returns the goods to receive a replacement product, the return of the defective product shall be governed as follows: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer must reimburse the value of the use derived. The customer must pay compensation for a loss or further deterioration of the goods not caused by the defect, as well as for the impossibility of returning the goods not caused by the defect, which occurred between delivery of the goods and their return. The customer is not required to pay compensation for deterioration of the goods caused by proper use. The obligation to pay compensation is also waived in the case of return of a defective product under warranty if:
a) the defect justifying withdrawal only became apparent during processing or transformation,
b) Destillerie Kammer-Kirsch GmbH is responsible for the deterioration or loss or the damage would also have occurred at Destillerie Kammer-Kirsch GmbH,
c) the deterioration or loss occurred at the customer’s premises, although the customer exercised the care they normally exercise in their own affairs.
(6) The customer’s liability for damages in the event of a breach of the obligation to return the goods for which the customer is responsible is governed by the statutory provisions.
(7) The customer may, at their discretion, withdraw from the contract or reduce the purchase price if the repair or replacement does not bring the product to a contractual condition within a reasonable period.
(8) In addition, claims against the manufacturer may exist under a guarantee provided by the manufacturer, which are governed by the relevant guarantee conditions.
(9) The statutory warranty provided by Destillerie Kammer-Kirsch GmbH ends two years after delivery of the goods. The period begins with receipt of the goods.

Liability
(1) In the case of slight negligence, Destillerie Kammer-Kirsch GmbH is only liable for the breach of essential contractual obligations and limited to the foreseeable damage. This limitation does not apply to injury to life, body, or health. For any other damage caused by a defect of the purchase item through slight negligence, Destillerie Kammer-Kirsch GmbH is not liable.
(2) Regardless of fault on the part of Destillerie Kammer-Kirsch GmbH, liability for fraudulent concealment of a defect or from the assumption of a guarantee remains unaffected. The manufacturer’s guarantee is a guarantee from the manufacturer and does not constitute the assumption of a guarantee by Destillerie Kammer-Kirsch GmbH.
(3) Destillerie Kammer-Kirsch GmbH is also liable for impossibility of delivery that occurs by chance during delay, unless the damage would have occurred even if delivery had been made on time.
(4) The personal liability of the legal representatives, vicarious agents, and employees of Destillerie Kammer-Kirsch GmbH for damages caused by them through slight negligence is excluded.

Applicable Law
The contract concluded between you and Destillerie Kammer-Kirsch GmbH is governed exclusively by the laws of the Federal Republic of Germany, expressly excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the state in which you have your habitual residence remain unaffected.

Jurisdiction
If, contrary to your statements when placing the order, you do not have a residence in the Federal Republic of Germany, or you move your residence abroad after conclusion of the contract, or your residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is Germany.

Protection of Minors
If goods subject to youth protection are purchased, appropriate measures will be taken to verify the identity and age of the purchaser. The goods will only be handed over if the customer has proven that they are of legal age.

Dispute Resolution
General information requirements for alternative dispute resolution in accordance with Art. 14 (1) ODR Regulation and § 36 VSBG (German Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (ODR), which you can find at: http://ec.europa.eu/consumers/odr/. We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.
Final Provisions
(1) Should individual provisions of this contract be wholly or partially invalid or void, the validity of the contract shall not be affected thereby, unless a contracting party would be unreasonably disadvantaged as a result.