Absolutely Nuts Spirits oHG – General Terms and Conditions
– Cancellation Policy –
Right to withdraw
As a consumer, you have a right of withdrawal in accordance with the statutory provisions. A consumer is any natural person who enters into a legal transaction for a purpose
which cannot be predominantly attributed to their commercial or independent professional activity.
As a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods – in the case of several goods: the last goods.
In order to exercise your right of withdrawal, you must inform us (enter the name of the entrepreneur, address, telephone number and e-mail address) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form (link to the sample withdrawal form), but this is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may refuse to refund you until we have received the goods returnes, or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the cost of returning the goods, or if the goods cannot be returned normally by post due to their condition, you shall bear the direct costs of returning the goods. You have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
– End of Cancellation Policy –
Cancellation Form – Template
§ 1 Validity
(1) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions of Delivery. These are an integral part of all contracts that we conclude with our customers (hereinafter referred to as “Customer” or “Buyer”) for the goods offered by us.
(2) Our sales personnel are not authorized to enter into verbal agreements with the Customer which amend or supplement these General Terms and Conditions of Sale.
§ 2 Offer, order process and conclusion of contract
(1) Offers and prices contained in brochures, advertisements and other advertising material are subject to change and non-binding.
(2) To order an article, please proceed as follows:
a) Please select the item(s) you wish to order. You then place the items in your shopping cart.
b) To order your items, please call up the “View shopping cart” window and check that everything has been entered correctly. You can make corrections at any time by deleting goods or adding other goods.
c) Then call up the “Proceed to checkout” window and enter your billing address and any different delivery address. The details marked with an asterisk are mandatory fields that are required in order to process your order. Please also indicate which of the payment methods, from which we offer, you have selected.
d) Then please confirm your order in the “Order with costs” field. This completes the offer for your order.
e) You will immediately receive confirmation from us that we have received your order. As soon as you receive information from us as to whether and when we are likely to be able to dispatch your items, we have accepted your order. If an item is not in stock, we will make a note of this. In this case, if other items you have ordered are available, we will process the order using these items unless you instruct us otherwise. Items ordered by you that are not in stock will be delivered to you later, if possible. If the subsequent delivery has not been made even 14 days after our declaration of acceptance, you can cancel your order in this respect. Your statutory right of withdrawal remains unaffected by this.
(3) The customer is bound to an order placed by him for 14 calendar days. We are entitled to accept the offer within this period. The time at which the customer receives our acceptance shall be decisive for compliance with the deadline. The dispatch of the ordered goods shall also be deemed as acceptance.
§ 3 Prices and payment
(1) The prices include any apllicable statutory value added tax.
(2) Unless expressly agreed otherwise in writing, our prices apply to shipments from our warehouse. In addition to the prices quoted, we charge postage and packaging costs, which are to be borne by the buyer and which are calculated automatically at the checkout based on the order and given delivery address.
(3) Payments can be made as follows:
– Giropay (possible within Germany)
– Klarna: Purchase on account (possible for the following countries: Germany, Netherlands, Belgium, Sweden, Norway, Denmark, Austria, Finland)
– Credit card (Mastercard, Visa, American Express)
– PayPal
– Klarna PayNow (possible for the following countries: Germany, Netherlands, Belgium, Finland, Austria, Sweden)
– SEPA direct debit (possible within Europe)
– SEPA bank transfer
– Apple Pay
– iDEAL (possible for the Netherlands)
Technical staff, drivers and service employees in the field are not authorized to collect payments.
(4) The Buyer may only offset his own claims against our claims or retain services owed by him if his counterclaims are undisputed or have been legally established or are based on the same contractual relationship.
§ 4 Delivery and dispatch time
(1) Unless a fixed period or a fixed date has been agreed in writing, our dispatch and services shall be provided within a period of two weeks.
(2) Should we fail to meet an agreed dispatch date, the Buyer shall grant us a reasonable grace period, which shall in no case be less than 10 days.
§ 5 Warranty and liability
(1) In the event of defects in the delivered goods, the Buyer shall be entitled to the statutory rights, unless otherwise regulated in paragraphs 2 to 4 for claims for damages.
(2) Claims for damages by the buyer due to obvious material defects of the delivered goods are excluded if he does not notify us of the defect within a period of two weeks after delivery of the goods.
(3) Our liability for damages, irrespective of the legal grounds (in particular in the event of default, defects or other breaches of duty), shall be limited to the foreseeable damage typical for the contract.
(4) The above limitation of liability shall not apply to our liability for intentional conduct or gross negligence, for guaranteed characteristics, for injury to life, limb or health or under the Product Liability Act.
§ 6 Retention of title
We reserve title to the delivered goods until the purchase price for these goods has been paid in full.