General
1. Scope
1. Our following terms and conditions apply to all contracts that we conclude with consumers based on orders via our online shop on www.jaguarmezcalboutique.com or through an offer to Jaguar Mezcal Boutique GmbH by phone or email.
2. Basic provisions
1. The customer assures that all information provided by her/him when ordering or registering in the online shop (e.g. name, address, email address, bank details, etc.) is truthful. Changes are to be communicated to us without delay.
2. We only enter into contractual relationships with customers who have reached the legally prescribed minimum age. Existing age restrictions are indicated when entering the website and in the respective item description (labelling).
3. Conclusion of the contract
1. The goods offered in our online shop are non-binding and not offers in the legal sense. By clicking the button “Add to shopping cart”, the customer can put the respective goods in the virtual shopping cart. This process is non-binding and does not constitute a contract offer. Before an order is placed, the content of the order, including the customer data, is summarized on an overview page. The customer can correct all order data there using the change fields provided. By clicking the button “order with obligation to pay”, the customer submits a binding offer to conclude a purchase contract for the goods in the shopping cart. The customer has the option to save or print the order after the order has been placed. The confirmation of the receipt of the order follows immediately after sending the order and does not yet constitute an acceptance of the contract. We expressly declare our acceptance of the contract to the customer or by delivering the goods or by requesting payment – whichever occurs first – by the end of the fourth working day, which follows the order. If we offer the customer the possibility to pay the order in detail beforehand, this is considered to be our binding offer to conclude a purchase contract with the selectable means of payment, which the customer can accept by paying, whereby the contract is concluded by payment by the customer .
2. We save the contract text and send the order data and our terms and conditions to the customer by email. The customer can also view the terms and conditions at www.jaguarmezcalboutique.com/terms&conditions at any time. If a customer account has been created, the order data can be viewed under the menu item “My Account”. If no customer account has been created, the order data will no longer be accessible via the Internet for security reasons. Nevertheless, a contract can be concluded in English.
3. If, after the conclusion of the contract, we discover that we cannot permanently deliver the goods we have ordered without our fault (e.g. due to force majeure, non-delivery despite a timely re-order), we may withdraw from the contract. In this case, we will notify you immediately and reimburse any payments already made.
4. The contract language is exclusively in English .
4. Prices
1. The prices stated in our online shop include the statuary sales tax of Germany (19% VAT). When selling to other countries, the local statuary sales tax might apply.
2. When the purchase is a gift, the cost of wrapping and card will be displayed as an extra.
3. Shipping is at the customer’s expense. An overview of the shipping options and the resulting shipping costs can be found under the link Shipping & Delivery. The shipping costs are also displayed to the customer on the overview page before the order is placed.
5. Payment
1. The payment option(s) will be communicated to the customer in the online shop.
2. Payment is made in advance or by direct debit, as the customer chooses.
Delivery
1. The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed.
2. If the transport company sends the goods back to us because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if she/he was temporarily prevented from accepting the service offered, unless we announced the service a reasonable time in advance would have . Furthermore, this does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of revocation, the provisions made in the instructions on revocation apply.
7. Right of withdrawal
1. The customer has the right to withdraw from this contract within fourteen days without giving any reason.
2. The cancellation period is fourteen days from the day on which the customer or a third party named by the customer, who is not the carrier, has or has taken possession of the goods. To exercise the right of withdrawal, the customer must contact us by means of a clear declaration (e.g. a letter sent by post or e-mail) of the decision to withdraw from this contract:
Jaguar Mezcal Boutique GmbH
Altostraße 51b
81245 München
Germany
Telephone: +49 (0) 176 2778 7326
E-Mail: hello@jaguarmezcalboutique.com
To meet the withdrawal deadline, it is sufficient for the customer to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
8. Consequences of withdrawal
1. If the customer withdraws from this contract, we will return all payments that we have received from her/him, except delivery costs or any other additional costs that might result from the returning shipment, immediately and at the latest within fourteen days from the day on which we received notification of the cancellation of this contract. For this repayment, we will use the same means of payment that the customer used for the original transaction, unless something else was expressly agreed on with the customer; In no case will the customer be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until the customer has provided evidence that she/he has returned the goods, whichever is earlier.
2. The customer must send the goods to our warehouse Jaguar Mezcal Boutique, Schützenstrasse 12, 65195, Wiesbaden, Germany, to be returned or handed over. The deadline is met if the customer sends the goods before the period of fourteen days has expired.
9. Retention of title
1. We retain ownership of the delivered goods until the purchase price owed has been paid in full.
10. Liability
1. For our liability for damages, the following exclusions and limitations of liability apply irrespective of the other statutory entitlement requirements.
2. We are liable if we are guilty of willful intent or gross negligence. For simple negligence, we are only liable in the event of a breach of an obligation, the fulfillment of which enables the proper execution of the contract in the first place and which the contractual partner can regularly rely on compliance (so-called cardinal obligation). Incidentally, liability for damages of any kind, regardless of the basis for the claim, including liability for negligence upon conclusion of the contract, is excluded.
3. Insofar as we are liable for simple negligence in accordance with paragraph 10 (1), our liability is limited to the damage that we typically had to expect based on the circumstances known at the time the contract was concluded.
4. The above exclusions of liability and limitations do not apply if we have assumed a guarantee for the quality of the goods, nor for damage to be compensated under the Product Liability Act, nor for damage to life, body or health, nor for legal claims.
11. Place of jurisdiction
1. The applicable of jurisdiction for this contract is the German Law.
12. Alternative dispute resolution
1. The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/odr .
2. We are neither obliged nor willing to participate in a dispute settlement procedure at a consumer arbitration board.
For any other inquiries please do not hesitate to contact us at hello@jaguarmezcalboutique.com