General terms and conditions and customer information

ScopeI

This businessConditions apply to all purchases from SELVA NEGRA SPIRITS GmbH [Link to “Imprint”] that are made by private customers. Private customers in this sense are people with a place of residence and delivery address in the Federal Republic of Germany, as long as the goods they have ordered are neither their commercial nor their own can be attributed to self-employed professional activity. Business customers are asked to place orders on the order pages accessible via the business customer login [link to business customer login].

Ptravel and shipping costs. 

The prices awarded are final prices including sales tax. The amount that is stated at the time of the binding order applies. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the goods(s) you ordered. You can find out more about the details at [Link to “Shipping costs”]. We will bear the regular return shipping costs that arise if you return the goods when you exercise your right of cancellation [link to “right of cancellation”]. If you exercise your right of withdrawal, we will also refund you the shipping costs.

payment

Payment is made upon delivery using – Apple Pay – Google Pay – advance payment – PayPal

Late payment

If you default on payment, SELVA NEGRA SPIRITS GmbH is entitled to demand interest on arrears amounting to 5 percentage points above the base interest rate p.a. announced by the German Federal Bank for the time of the order. If SELVA NEGRA SPIRITS GmbH has demonstrably incurred higher damages due to the delay, SELVA NEGRA SPIRITS GmbH is entitled to claim this.

Right of retention

The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

Delivery

(1) Delivery is made to the delivery address specified by the customer, within Germany and Europe GmbH excluded. Amounts already paid will be refunded immediately by SELVA NEGRA SPIRITS GmbH. (3) SELVA NEGRA SPIRITS GmbH can also refuse the service if this requires an effort that is grossly disproportionate, taking into account the content of the purchase contract and the requirements of good faith the customer's interest in fulfilling the purchase contract. Amounts already paid will be refunded immediately by SELVA NEGRA SPIRITS GmbH. (4) Bulky goods (parcels with a volume larger than 1 square meter) are usually delivered by a freight forwarder. SELVA NEGRA SPIRITS GmbH expressly points out that these goods will not be carried into the house.

Cheap shipping method for returns

(1) When returning the goods and accessories, please use the original packaging if possible, even if it is damaged due to an opening for functional testing. (2) When returning the goods, please use the fully stamped and addressed return label enclosed with the delivery of the goods. This is the easiest and most cost-effective shipping option. You have no obligation to use this return process. However, if you choose an unnecessarily expensive shipping method, you may be required to pay us the increased costs compared to a cheaper shipping method.

Retention of title

Until all claims against the customer arising from the purchase contract have been settled in full, the delivered goods remain the property of SELVA NEGRA SPIRITS GmbH. As long as this retention of title exists, the customer may neither resell the goods nor dispose of the goods; In particular, the customer may not contractually grant third parties use of the goods.

Warranty rights

(1) If a product is already defective upon delivery (warranty case), SELVA NEGRA SPIRITS GmbH will, at the customer's discretion, replace it with a defect-free product at the expense of SELVA NEGRA SPIRITS GmbH or have it professionally repaired (subsequent performance). The customer is advised that there is no warranty claim if the product had the agreed quality when the risk was transferred.
There is no warranty claim in particular in the following cases:

a) in the event of damage caused to the customer through misuse or improper use,

b) in the event of damage caused by the customer's products being exposed to harmful external influences (in particular extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire).

(2) Furthermore, SELVA NEGRA SPIRITS GmbH does not provide any liability for an error caused by improper repair by a service partner not authorized by the manufacturer. (3) If the type of supplementary performance requested by the customer (replacement delivery or repair) requires an effort that is in Considering the product price, taking into account the content of the contract and the requirements of good faith, is grossly disproportionate to the customer's interest in performance - in particular the value of the purchased item in a defect-free condition, the significance of the defect and the question of whether the other is to be taken into account type of subsequent performance can be used without significant disadvantages for the customer - the customer's claim is limited to the other type of subsequent performance. The right of SELVA NEGRA SPIRITS GmbH to refuse this other type of supplementary performance under the aforementioned condition remains unaffected. (4) In the case of repair as well as in the case of replacement delivery, the customer is obliged to return the product at the expense of SELVA NEGRA SPIRITS GmbH must be sent to the return address provided by you, stating the order number. Before sending it in, the customer must remove any items he has inserted from the product. SELVA NEGRA SPIRITS GmbH is not obliged to inspect the product for the installation of such items. SELVA NEGRA SPIRITS GmbH is not liable for the loss of such items, unless it was readily apparent to SELVA NEGRA SPIRITS GmbH when the product was taken back that such an item had been inserted into the product (in this case SELVA NEGRA SPIRITS GmbH will inform the customer and keeps the item ready for the customer to pick up; the customer bears the costs incurred). Before sending in a product for repair or replacement, the customer must also make separate backup copies of the product's system software, applications and all data on a separate storage medium and deactivate all passwords. Liability for data loss is not taken. It is also the customer's responsibility, after the repaired product or replacement product has been returned, to install the software and data and reactivate the passwords. (5) If the customer sends in the goods in order to receive a replacement product, the return policy is based on the return of the defective product in accordance with the following proviso: If the customer was able to use the goods in a defect-free condition between delivery and return, he must reimburse the value of the use made by him. The customer must pay compensation for any loss or further deterioration of the goods that is not due to the defect, as well as for the impossibility of returning the goods in the period between delivery of the goods and the return of the goods, which is not due to the defect. The customer does not have to pay any compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to pay compensation does not apply to the return of a defective product in the event of a warranty claim,

a) if the defect giving rise to withdrawal only became apparent during processing or redesign

b) if SELVA NEGRA SPIRITS GmbH is responsible for the deterioration or loss or the damage would also have occurred at SELVA NEGRA SPIRITS GmbH,

c) if the deterioration or loss occurred on the part of the customer, even though the customer had observed the care that he usually applies in his own affairs.

(6) The customer's liability for damages in the event of a breach of the return obligation for which the customer is responsible is based on the statutory provisions. (7) The customer can, at his discretion, withdraw from the contract or reduce the purchase price if the repair or replacement delivery is carried out within a reasonable period of time did not lead to a condition of the product in accordance with the contract. (8) In addition, there may also be claims against the manufacturer within the scope of a guarantee granted by the manufacturer, which are based on the corresponding guarantee conditions. (9) The statutory warranty of SELVA NEGRA SPIRITS GmbH ends two years from delivery of the goods. The deadline starts once goods are received.

Liability

(1) In the event of slight negligence, SELVA NEGRA SPIRITS GmbH is only liable for the violation of essential contractual obligations and is limited to foreseeable damage. This restriction does not apply to injury to life, body or health. SELVA NEGRA SPIRITS GmbH is not liable for other damage caused by slight negligence due to a defect in the purchased item. (2) Regardless of any fault on the part of SELVA NEGRA SPIRITS GmbH, SELVA NEGRA SPIRITS GmbH remains liable in the event of fraudulent concealment of the defect or from the takeovere of a guarantee is unaffected. The manufacturer's guarantee is a guarantee from the manufacturer and does not represent the assumption of a guarantee by SELVA NEGRA SPIRITS GmbH. (3) SELVA NEGRA SPIRITS GmbH is also responsible for the impossibility of delivery that occurs by chance during its delay, unless the damage also occurs would have occurred if delivery had been made on time. (4) The personal liability of the legal representatives, vicarious agents and employees of SELVA NEGRA SPIRITS GmbH for damage caused by them through slight negligence is excluded.

Applicable Law

The contract concluded between you and SELVA NEGRA SPIRITS GmbH is subject exclusively to the law of the Federal Republic of Germany, with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. The mandatory regulations of the country in which you have your habitual residence remain unaffected.

Place of jurisdiction

If, contrary to what you stated when ordering, you do not have a place of residence in the Federal Republic of Germany or if you move your place of residence abroad after conclusion of the contract or if your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is [operator's registered office of the online shop].

Dispute resolution

General information requirements for alternative dispute resolution according to Article 14 Paragraph 1 ODR-VO and Section 36 VSBG (Consumer Dispute Resolution Act): The European Commission provides a platform for online dispute resolution (OS), which you can find at this address:http://ec.europa.eu/consumers/odr/ . We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Final provisions

(1) Should individual provisions of this contract be or become wholly or partially ineffective or void, this will not affect the validity of the rest of the contract, provided that a contractual partner is not unreasonably disadvantaged as a result. (2) Changes or additions to this contract must be made in writing .