General Terms and Condition
GENERAL TERMS AND CONDITIONS OF
Lebenswasser: https://www.lebenswasser-shop.de
§ 1 Scope and provider
(1) The General Terms and Conditions (hereinafter referred to as "GTC") regulate the sale of products by Lebenswasser-Shop.de (hereinafter provider) to you in the version valid at the time of the order.
(2) Deviating terms and conditions of the customer will be rejected.
(3) Please read these conditions carefully before placing an order with Lebenswasser-Shop.de. By placing an order with Lebenswasser-Shop.de you agree to the application of these Terms of Sale to your order.
(4) On Lebenswasser-Shop.de we offer you the sale of the following products:
New and old spirits of any kind, champagne, specialities, etc. All bottles are unopened original bottling. Sometimes, however, these may contain traces of storage!
§2 Conclusion of the contract
(1) Contracts on this portal can currently be concluded in German and English. Place of jurisdiction is Germany/Mönchengladbach.
(2) The customer must have reached the age of 18. Our products contain alcohol and may not be sold to anyone under the legal drinking age. Delivery to minors is not possible! Therefore, we only deliver with the shipping service provider DHL including visual age verification. The prices for this are determined by DHL. We pass these on one by one. With your order you confirm that you are of the legal minimum age. Please be responsible in handling these items. More information at kenn-dein-limit.info
(3) The presentation of the goods in the online shop does not constitute a legally effective offer. The presentation of the goods merely prompts the customer to make an offer.
(4) Your order represents an offer to Lebenswasser-Shop.de to conclude a purchase contract. The customer submits a binding offer when he has gone through the online ordering process by entering the information required there and in the last order step the button "payable order" clicks.
In the case of individual bulky items, the possible delivery addresses and the place of delivery may be limited; the restriction is shown in the respective list price.
(5) The purchase contract between the provider and the customer only comes into existence through a declaration of acceptance by the provider. This takes place at the earlier of the two dates, either the goods are sent or a shipping confirmation is sent by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the sense mentioned above.
(6) The effectiveness of contracts for larger than normal household quantities as well as the commercial resale of the object of purchase requires the express confirmation of the provider. This relates both to the number of products ordered as part of an order and to placing multiple orders for the same product, where the individual orders cover a normal household quantity.
(7) Your orders will be saved by us after the conclusion of the contract. Should you lose your documents relating to your orders, please contact us by e-mail. We will send you a copy of the order details.
(8) You agree that you will only receive invoices electronically. Electronic invoices are made available to you by email or in the customer account on the website. We will inform you for each delivery in the dispatch confirmation whether an electronic invoice is available. For more information about e-invoices, visit our website.
§ 3 Prices and shipping costs
(1) Our prices include the applicable statutory value-added tax and do not include a flat-rate shipping fee or shipping surcharge. The shipping surcharges vary depending on the type of delivery and the nature of the item. Our shipping costs, prices determined by our logistics partner, include € 1.19 within Germany.
(2) Despite our best efforts, a small number of products in our catalog may be mispriced. We verify prices when we process your order and before we take payment. If a product is incorrectly priced and the correct price is higher than the price on the website, we will contact you before the goods are dispatched to ask whether you wish to purchase the product at the correct price or cancel the order . If the correct price of a product is lower than the price we quote, we will charge the lower amount and send you the product.
(3) The prices at the time of the order apply. If list prices should be available, the prices of the list price valid at the time of the order apply.
§ 4 Delivery and Cancellation
(1) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. On the website you will find information on the availability of products sold by Lebenswasser-Shops.de (e.g. on the respective product detail page). We would like to point out that all information on the availability, shipping or delivery of a product is only expected information and approximate guide values. They do not represent any binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options for the respective product.
(2) If Lebenswasser-Shop.de determines during the processing of your order that the products you have ordered are not available, you will be informed of this separately by e-mail or by a message in your customer account. The legal rights of the customer remain unaffected.
(3) If delivery to the customer is not possible because the delivered goods do not fit through the front door, front door or stairwell of the customer or because the customer cannot be found at the delivery address specified by him, although the delivery time was reasonable for the customer deadline was announced, the customer bears the costs for the unsuccessful delivery.
(4) Delivery depends on the customer's payment method. In the case of advance payment, the delivery takes place after the payment order has been issued to the transferring bank. When paying by PayPal, credit card, direct debit or instant transfer, the delivery takes place after the conclusion of the contract.
(5) We deliver exclusively on the usual shipping route (DHL) according to JuSchG. Here we expressly refer to point (3) (§2-Conclusion of the contract). Picking up the goods yourself is only possible by appointment. However, this only on the condition that corresponding proof can be submitted for products over 18 years of age.
(6) The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer. Unless a different deadline is specified in the respective offer or under the correspondingly designated button, the goods will be delivered as soon as possible after the conclusion of the contract (if advance payment has been agreed, however, only after the time of your payment instruction). However, we reserve the right to do so during our holiday periods and in the event of force majeure (e.g. illness, etc.)!
(7) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us for each shipping confirmation for the products listed in the respective shipping confirmation. The contractual partner is Lebenswasser-Shop.de. Notwithstanding your right of withdrawal, you can cancel your order for a product at any time free of charge before the relevant shipping confirmation has been sent.
Section 5 Customs
(1) If you order products from Lebenswasser-Shop.de for delivery outside the
European Union, you may be subject to import duties and taxes, which are levied once the package reaches the designated destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs regulations vary greatly from country to country, so you should contact your local customs office for more information.
(2) Please also note that when ordering from Lebenswasser-Shop.de you are considered the importer and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us and we would like to make our international customers aware that cross-border deliveries are subject to opening and inspection by customs authorities. For more information, please read our customs information.
§ 6 Payment
(1) The customer can pay for the goods using the following payment methods:
- PayPal
(In cooperation with PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg. Your payment is made via PayPal. By using this payment method, you agree to PayPal's terms and conditions*.)
- Clear
(In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. Your payment will be made to Klarna. By using this payment method, you agree to Klarna's terms and conditions.)
- Payment in advance by bank transfer
(2) Certain payment methods can be excluded by the provider in individual cases.
(3) The customer is not permitted to pay for the goods by sending cash or checks.
(4) If the customer chooses an online payment method, the customer thereby authorizes the provider to collect the amounts due at the time of the order.
(5) If the provider offers payment in advance and the customer chooses this payment method, the customer must transfer the invoice amount to the provider's account within five calendar days of receipt of the order. The provider reserves the goods accordingly for five calendar days.
(6) If the provider offers payment by credit card and the customer chooses this payment method, the customer expressly authorizes the provider to collect the amounts due after the partial deliveries or goods have been shipped.
(7) If the provider offers payment by direct debit and the customer chooses this payment method, the customer gives the provider a SEPA basic mandate. If, when paying by direct debit, a payment transaction is reversed due to insufficient funds in the account or due to incorrectly transmitted bank details, the customer must bear the costs for this.
(8) If the provider offers payment in advance and the customer chooses this payment method, the customer undertakes to pay the invoice amount within 14 days after the goods have been dispatched, without any deduction of any discount.
(9) If the customer is in default with the payment, the provider reserves the right to assert the damage caused by default.
§ 7 Set-off and right of retention
(1) The customer only has the right to offset if the customer's counterclaim has been legally established or has not been disputed by the provider.
(2) The customer can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 8 Retention of title
Lebenswasser-Shop.de retains ownership of the goods until full payment.
§ 9 Damage in transit
(1) If the customer receives the goods with obvious transport damage, the provider asks him to complain about this as soon as possible.
(2) If the customer fails to make a complaint, this has no consequences for the statutory warranty rights. The purpose of the complaint is that the provider can assert his own claims against the carrier.
§ 10 Right of Defects
(1) If the customer is a consumer, the warranty and liability for defects of the delivered object of purchase are based on the statutory provisions. Accordingly, customers in the European Union have a two-year warranty (from the invoice date) in addition to their 30-day right of return and can request repair or replacement of the products purchased on Lebenswasser-Shop.de during this period if they are found to be defective or not as they should be described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you can request a refund or a reduction in the purchase price.
(2) In the case of used goods, the warranty period can be shorter than two years.
(3) If the customer is not a consumer, the defect will be remedied by new delivery or new performance.
(4) If the customer is not a consumer, the limitation period is one year. This applies to the extent that no claims for damages or reimbursement of expenses are asserted for compensation for damage to body and health or for intent or gross negligence.
§ 11 Limitation of Liability (Products)
(1) The provider is liable for claims for damages by the customer resulting from injury to life, limb, health or from the violation of essential contractual obligations, as well as for other damages that are due to their intentional or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of the Provider based.
(2) Essential contractual obligations are obligations whose fulfillment is necessary to achieve the objective of the contract.
(3) The provider is liable for breaches of essential contractual obligations that are based on contract-typical, foreseeable damage, provided that the damage was caused by simple negligence. This limitation does not apply to claims for damages by the customer based on injury to life, limb or health.
(4) The provisions of the Product Liability Act remain unaffected.
(5) Insofar as the liability of Lebenswasser-Shop.de is excluded or
is limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 12 cancellation policy
(1) If the customer is a consumer, he has a right of withdrawal in accordance with the following provisions:
(2) Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, delivered the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a single order or the delivery of a goods in several partial shipments or pieces) without giving reasons.
To exercise your right of withdrawal, you must tell us:
Dominik Niehsen
-Water of Life Shop-
Hohenzollernstraße 70
41061 Moenchengladbach
Email: info@lebenswasser-shop.de
by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the model cancellation form on our website for this purpose or send us another clear declaration. If you make use of this option, we will immediately send you (e.g. by e-mail) confirmation of receipt of such a revocation.
To meet the cancellation period, it is sufficient for you to send the notification of your exercise of the right of cancellation before the cancellation period has expired and for you to have returned the goods via our online returns center within the period defined below.
(3) Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within 14 days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You have the goods immediately and in any case no later than 14 days from the day on which you inform us about the cancellation of this contract
Dominik Niehsen
-Water of Life Shop-
Hohenzollernstraße 70
41061 Moenchengladbach
Email: info@lebenswasser-shop.de
to be returned or handed over. The deadline is met if you send back the goods before the period of 14 days has expired. You bear the direct costs of returning the goods.
(4) Exceptions to the Right of Withdrawal
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of cancellation does not exist or expires with the following contracts:
for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal was removed after delivery or which were inseparably mixed with other goods after delivery due to their nature;
for the delivery of sound or video recordings or computer software in a sealed package if the seal has been broken after delivery;
for the delivery of goods that are made to customer specifications
or are clearly tailored to personal needs
for the delivery of goods that can spoil quickly or whose use-by date would soon be exceeded;
for services if Lebenswasser-Shops.de has provided them in full and you have acknowledged and expressly agreed before placing the order that we can begin providing the service and you lose your right of withdrawal upon complete fulfillment of the contract;
for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; and
for the delivery of alcoholic beverages, the price of which was agreed upon when the purchase contract was concluded, but the delivery of which can only take place after 30 days and the current value of which depends on fluctuations on the market over which the entrepreneur has no influence.
§ 13 Exclusion of the right of withdrawal
(1) The right of withdrawal does not apply to contracts
for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
for the delivery of goods that can spoil quickly or whose use-by date would soon be exceeded;
(2) The right of withdrawal expires prematurely for contracts
for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery;
for the delivery of goods if these were inseparably mixed with other goods after delivery due to their nature;
for the delivery of sound or video recordings or computer software in a sealed package if the seal has been broken after delivery.
§ 14 data protection
(1) Should personal data (e.g. name, address, e-mail address) be collected
we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. In this regard, our liability is excluded.
(3) Third parties are not authorized to use contact data for commercial activities if the provider has given the persons concerned prior written consent.
(4) You have the right to receive complete and free information from Lebenswasser-Shops.de about the database concerning you at any time.
(5) Furthermore, the user has the right to correction/deletion of data/restriction of processing.
(6) Further information on data protection can be found in the separate data protection declaration.
§ 15 Cookies
(1) We may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the website visitor's Internet browser.
(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the visited websites and servers to distinguish the individual browser of the person concerned from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.
(3) Through the use of cookies, the users of this website can be provided with more user-friendly services that would not be possible without the cookie setting.
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are usually so-called session-related cookies. Session cookies stand out
in that they are automatically deleted from your hard drive after the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies. A banner is available to you for this purpose, which you can object to/accept.
(6) You can of course set your browser so that no cookies are stored on the hard drive or cookies that have already been stored are deleted. Instructions for preventing and deleting cookies can be found in the help function of your browser or software manufacturer.
§ 16 Place of Jurisdiction and Applicable Law
(1) The law of the Federal Republic of Germany shall apply exclusively to differences of opinion and disputes arising from this contract, to the exclusion of the UN Sales Convention.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.
§ 17 Final Provisions
(1) Contract language is German.
(2) We do not offer any products or services for sale by minors. Our products for children can only be purchased by adults. If you are under 18, you may use Lebenswasser-Shops.de only with the involvement of a parent or legal guardian.
(3) If you breach these Terms and we do nothing about it, we shall still be entitled to exercise our rights on any other occasion where you breach these Terms of Sale.
(4) We reserve the right to make changes to our website, regulations, conditions including these General Terms and Conditions at any time. Your order will be subject to the terms and conditions of sale, contract terms and general terms and conditions in force at the time you place your order, unless a change to these terms is required by law or official order (in which case they will also apply to orders that you have previously made). If a provision in these Terms of Sale
is invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
(5) The ineffectiveness of a provision does not affect the effectiveness of the other provisions of the contract. Should this occur, the meaning and purpose of the provision should be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.