GENERAL TERMS AND CONDITIONS
1. Scope
1.1 These General Terms and Conditions apply to all contracts concluded with consumers on the basis of orders placed via our online shop at www.jaguarmezcalboutique.com or via an offer made to Jaguar Mezcal Boutique GmbH by telephone or e-mail.
2. Basic Provisions
2.1 The customer warrants that all information provided in the course of placing an order or registering in the online shop (e.g. name, address, e-mail address, bank details, etc.) is truthful and correct. Any changes must be communicated to us without delay.
2.2 We only enter into contractual relationships with customers who have reached the legally required minimum age. Existing age restrictions are indicated when entering the website and in the respective product description.
3. Conclusion of Contract
3.1 The goods offered in our online shop are non-binding and do not constitute offers in the legal sense. By clicking the “Add to cart” button, the customer can place the respective product in the virtual shopping cart. This process is non-binding and does not constitute a contractual offer. Before submitting an order, the contents of the order including the customer data are summarized on an overview page. There, the customer can correct all order data using the provided editing fields. By clicking the “Order with obligation to pay” button, the customer submits a binding offer to conclude a purchase contract for the goods in the shopping cart. After submitting the order, the customer has the option to save or print the order. The confirmation of receipt of the order is sent immediately after the order has been submitted and does not yet constitute acceptance of the contract. We declare acceptance of the contract to the customer expressly or by dispatch of the goods or by requesting payment – whichever occurs first – up to the end of the fourth working day following the order. If we offer the customer in individual cases the option of paying for the order in advance, this constitutes our binding offer to conclude a purchase contract with the payment methods offered. The contract is then concluded by the customer executing payment.
3.2 We store the contract text and send the customer the order data together with our Terms and Conditions by e-mail. The customer may also access the Terms and Conditions at any time at www.jaguarmezcalboutique.com/terms&conditions. If a customer account has been created, the order data can be viewed under “My account”. If no customer account is created, the order data are no longer accessible via the internet for security reasons. The contract may be concluded in English.
3.3 If, after conclusion of the contract, we discover that we are permanently unable to deliver the ordered goods through no fault of our own (e.g. due to force majeure, non-delivery despite timely re-order), we are entitled to rescind the contract. In this case, we will inform you immediately and refund any payments already made.
4. Prices
4.1 The prices stated in our online shop include the statutory value added tax of the Federal Republic of Germany (currently 19%). When selling to other countries, local statutory VAT may apply.
4.2 If the purchase is a gift, the costs for gift wrapping and card will be shown separately.
4.3 Shipping is at the customer’s expense. An overview of shipping options and the respective shipping costs can be found under the link “Shipping & Delivery”. The shipping costs are also shown to the customer on the order overview page before submitting the order.
5. Payment
5.1 The available payment options are communicated to the customer in the online shop.
5.2 Payment is made at the customer’s choice in advance or by direct debit, where available.
6. Delivery
6.1 Delivery of the goods is made by shipment to the delivery address provided by the customer, unless otherwise agreed.
6.2 If the transport company returns the goods to us because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the performance offered, unless we had given reasonable advance notice of the performance. This also does not apply with regard to shipping costs if the customer effectively exercises the right of withdrawal. In this respect, the provisions in the withdrawal policy apply to the return costs.
7. Right of Withdrawal
7.1 The customer has the right to withdraw from this contract within fourteen days without giving any reason.
7.2 The withdrawal 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 taken possession of the goods. To exercise the right of withdrawal, the customer must inform us by means of a clear statement (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
Phone: +49 (0) 176 2778 7326
E-mail: hello@jaguarmezcalboutique.com
To meet the withdrawal deadline, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the withdrawal period has expired.
8. Consequences of Withdrawal
8.1 If the customer withdraws from this contract, we shall reimburse all payments received from the customer, excluding delivery costs and any additional costs arising from the return, without undue delay and at the latest within fourteen days from the day on which we received notification of the withdrawal. For this reimbursement, we will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise; in no case will the customer be charged any fees for this reimbursement. We may withhold reimbursement until we have received the goods back or until the customer has supplied evidence of having sent back the goods, whichever is the earlier.
8.2 The customer shall send back or hand over the goods to our warehouse at Jaguar Mezcal Boutique, Schützenstraße 12, 65195 Wiesbaden, Germany, without undue delay and in any event not later than fourteen days from the day on which the customer communicates the withdrawal from this contract to us. The deadline is met if the customer sends back the goods before the period of fourteen days has expired.
9. Retention of Title
9.1 We retain title to the delivered goods until full payment of the purchase price owed has been received.
10. Liability
10.1 The following exclusions and limitations of liability apply to our liability for damages, without prejudice to the other statutory conditions of claims.
10.2 We are liable in cases of intent and gross negligence. In cases of simple negligence, we are only liable for breach of an essential contractual obligation whose fulfilment is a prerequisite for the proper performance of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligation). In all other respects, liability for damages of any kind, regardless of the basis of the claim, including liability for negligence when the contract is concluded, is excluded.
10.3 Insofar as we are liable for simple negligence pursuant to clause 10.2, our liability is limited to the damage which we could typically expect to occur under the circumstances known at the time of conclusion of the contract.
10.4 The above exclusions and limitations of liability do not apply if we have assumed a guarantee for the quality of the goods, for damages to be compensated under the Product Liability Act, for damages resulting from injury to life, body or health, or for mandatory statutory claims.
11. Place of Jurisdiction and Applicable Law
11.1 The laws of the Federal Republic of Germany shall apply to this contract, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
12. Alternative Dispute Resolution
12.1 The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at http://ec.europa.eu/odr.
12.2 We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. For further questions, please do not hesitate to contact us at hello@jaguarmezcalboutique.com.