Terms of service

GENERAL TERMS AND CONDITIONS
Version 09/2024

1. scope of application
Business transactions and deliveries are carried out exclusively in accordance with the following General Terms and Conditions in the version valid at the time of the order.

The customer can view the contractual terms and conditions at any time on the website at https://www.private-drinking-affairs.shop, where these terms and conditions are also permanently available for permanent storage by the customer. We are entitled to amend or supplement these General Terms and Conditions at any time with a reasonable withdrawal period, insofar as this is necessary to eliminate any subsequent disturbance of the appropriate relationship between performance and consideration, the basis of the transaction or to adapt to changed legal or technical conditions. We shall inform the customer of any amendment, stating the content of the amended provisions. The amendment shall become part of the contract if the customer does not object to its inclusion in the contractual relationship in writing or text form within two weeks of receipt of the notification of amendment. The customer shall be informed separately of the significance of his lack of objection in the notification of change. Orders received prior to this will be processed in accordance with the old General Terms and Conditions still valid at that time. We do not recognize the customer's terms and conditions unless we have expressly agreed to their validity in writing.

2. contractual partner
The contractual partner is Private Drinking Affairs, represented by Jonas Hald, Stuttgarter Str. 147, 70806 Kornwestheim.

We only conclude contracts with entrepreneurs or consumers who have unlimited legal capacity and have reached the age of 18.

3. conclusion of contract
The contract language is German. The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the “Buy” button, you submit a binding offer (§ 145 BGB) for the goods contained in the shopping cart. We will confirm receipt of the order together with acceptance of the order immediately after it has been sent by means of an order confirmation. The binding purchase contract is thus concluded.

An exception to this applies only in the case of payment with PayPal: here the acceptance of your order by us takes place immediately with your order.

4 Prices and terms of payment
The prices stated on the product pages include statutory VAT and other price components and do not include the respective shipping costs.

You can choose to pay by credit card, Apple Pay, Google Pay or Paypal. The choice of payment method is up to us. If you pay by credit card, your account will be debited immediately after the order is placed.

5.shipping conditions and costs
The shipping costs for deliveries are shown to the customer during the ordering process before the order is sent. An overview of the costs can also be found on our website under “Shipping costs”. Delivery is made within and outside Germany by the shipping service provider DHL.

You undertake to ensure that personal delivery of the goods is possible at the delivery address you specify at the delivery time you specify. In the case of delivery of spirits or other items that are subject to legal sales restrictions, the goods will be handed over to you as the recipient upon presentation of appropriate proof of age (identity card, other official documents).

Unless otherwise stated in the store, a delivery time of 2-6 working days applies to all items offered, as we only produce once a week on pre-order.

Delivery times shall be extended appropriately in the event of force majeure and similar events for which we are not responsible or which were not foreseeable, such as refusal of official approvals, operational disruptions, labor disputes, disruption of transport routes, delays in self-supply with supplier parts through no fault of our own, etc., insofar as such obstacles can be proven to have a significant influence on the delivery. Sentence 1 shall not apply if we are already in default with the delivery of the product. Changes to the burden of proof to the detriment of the customer are not associated with these provisions. In the event of non-compliance with a delivery deadline, the customer shall be entitled, in accordance with the statutory provisions, to set a reasonable grace period in writing with a threat of refusal and, after its unsuccessful expiry, to withdraw from the contract with regard to the delivery or service included in the contract and/or to claim damages.

Delivery times shall be extended appropriately in the event of force majeure and similar events for which we are not responsible or which were not foreseeable, such as refusal of official approvals, operational disruptions, labor disputes, disruption of transport routes, delays in our own deliveries of supplier parts through no fault of our own, etc., insofar as such obstacles can be proven to have a significant influence on the delivery. Sentence 1 shall not apply if we are already in default with the delivery of the product. Changes to the burden of proof to the detriment of the customer are not associated with these provisions. If a delivery deadline is not met, the customer shall be entitled, in accordance with the statutory provisions, to set a reasonable grace period in writing with the threat of refusal and, after its unsuccessful expiry, to withdraw from the contract with regard to the delivery or service included in the contract and/or to claim damages instead of performance or to continue to insist on delivery. The goods shall be properly packed by us so that safe transportation is guaranteed.

In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the consumer or a recipient designated by the consumer upon delivery of the goods. This applies regardless of whether the shipment is insured or not. Otherwise, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer when the goods are handed over or, in the case of sale by delivery to a place other than the place of performance, when the goods are handed over to the carrier or other person or institution designated to carry out the shipment.

6. transport damage
If goods are delivered with obvious transport damage, we ask you to complain about this immediately to the deliverer and to contact us. This will help us to assert our own claims against the carrier. If you do not do this, however, this will have no effect on your statutory warranty rights.

7. retention of title
The delivered goods remain our property until full payment has been received.

8. availability
Should we discover after conclusion of the contract that the ordered product is no longer available from us through no fault of our own, or that delivery is permanently impossible due to force majeure or unforeseen obstacles to performance that cannot be remedied by reasonable expenditure, we shall be entitled to withdraw from the contract. We shall inform the customer immediately of the unavailability. Payments already received will be refunded immediately after withdrawal from the contract by us or the customer.

9.right of withdrawal
The information on our right of withdrawal can be found at:
www.private-drinking-affairs.shop/policies/refund-policy

10.withdrawal
We reserve the right to withdraw from the contract in the event of a breach of serious duties of care, default in payment and expiry of a grace period or application for the opening of insolvency proceedings for goods delivered under retention of title, if we can no longer reasonably be expected to adhere to the contract.

11 Warranty
The products offered in our store are subject to the statutory warranty rights.

12. liability
We shall be liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence on our part or on the part of our executives or vicarious agents. Furthermore, we shall be liable in accordance with the statutory provisions for the fulfillment of essential contractual obligations. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer regularly relies and may rely (cardinal obligation). If we, our executives or their vicarious agents are not guilty of intent or gross negligence, liability for damages shall be limited to the foreseeable damage typically arising in contracts of this type.

Liability for culpable injury to life, limb or health remains unaffected by paragraph 1, as does liability under the Product Liability Act.

Claims for damages, regardless of their legal basis, which go beyond the claims for damages regulated in paragraphs 1 and 2 are excluded. This shall also apply if the customer demands compensation for futile expenses instead of a claim for damages in lieu of performance.

The statutory provisions on the burden of proof shall remain unaffected.

The customer is obliged to carefully read and observe product, consumption and warning instructions for delivered products before use.


13. data protection
Your personal data will be processed and stored by us in compliance with the applicable data protection provisions of the BDSG (new) and the GDPR. Further information, including on third parties who may be involved in data processing, as well as your rights as a data subject, in particular your rights of revocation, can be found under the menu item “Data protection”.

14.place of jurisdiction
If the customer is a merchant within the meaning of the German Commercial Code (HGB) or a public corporation, the place of jurisdiction for all claims in connection with the business relationship shall be the registered office of Jonas Hald (Private Drinking Afffairs).

15. dispute resolution for consumers
The European Commission maintains a platform for online dispute resolution (OS) with further information, which is available on the Internet at the link http://ec.europa.consumsers/odr/. Participation in the aforementioned online dispute resolution is voluntary. We do not participate in the aforementioned dispute resolution procedure.

16.final agreement
Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining General Terms and Conditions. The invalid provision shall be replaced by the relevant statutory provision.