The German version of this document is legally binding.
§ 1 Scope of application
(1) These general terms and conditions apply to all contracts, deliveries and services between Ad Fundum GmbH, Eltener Markt 13, 46446 Elten, Germany (hereinafter “Ad Fundum” or “we”) and our customers (hereinafter “customer” or “you”) in the version valid at the time the order is placed.
(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity (§ 13 BGB). An entrepreneur is any natural or legal person or legally capable partnership acting in the exercise of their commercial or independent professional activity when concluding a legal transaction (§ 14 BGB).
§ 2 Youth protection
(1) Alcoholic beverages are sold exclusively to persons aged 18 and over in accordance with the Youth Protection Act (Jugendschutzgesetz, JuSchG).
(2) We carry out an age check:
- on delivery via DHL Ident-Check (age verification),
- on collection in the shop upon presentation of a valid identity document.
(3) Goods are handed over only after successful age verification. Failed age checks result in the goods not being handed over; the resulting costs are borne by the customer.
§ 3 Conclusion of the contract
(1) The display of the products in the online store does not constitute a legally binding offer.
(2) By completing the ordering process (“Buy now”), the customer submits a binding offer.
(3) The contract is concluded only upon receipt of our order confirmation by e-mail.
(4) We store the contract text but do not make it accessible online to the customer. All relevant information is sent by e-mail.
§ 4 Collection by customers from abroad
(1) Delivery takes place exclusively within Germany.
(2) Customers from other countries, in particular the Netherlands, may order goods online and collect them at the store in Elten.
(3) The transfer of risk takes place upon handover of the goods in the store following the age check.
§ 5 Condition of the goods / natural product
(1) Alcoholic beverages are natural products. Vintages, fill levels, labels or flavour nuances may vary slightly due to production.
(2) These characteristics do not constitute a defect, provided they are stated in the item description or correspond to the typical character of the product.
§ 6 Prices and payment
(1) All prices include the statutory value added tax.
(2) The available payment methods are displayed during the ordering process.
(3) Purchase on account is not offered.
§ 7 Delivery
(1) Deliveries take place exclusively within Germany.
(2) Shipping costs are clearly stated in the ordering process.
(3) If delivery fails for reasons attributable to the customer, the customer bears the resulting costs.
§ 8 Right of withdrawal
(1) Consumers have a right of withdrawal in accordance with our withdrawal policy.
(2) Opened or unsealed bottles are excluded from the right of withdrawal for reasons of health protection and hygiene (§ 312g (2) no. 3 BGB).
§ 9 Retention of title
The goods remain our property until payment has been made in full.
§ 10 Warranty
(1) The statutory warranty rights apply.
(2) For entrepreneurs, the warranty period is 12 months.
§ 11 Liability
(1) We are liable for intent and gross negligence.
(2) In the case of slight negligence, we are liable only for breach of essential contractual obligations and only up to the foreseeable damage.
§ 12 Contract language
The contract language is exclusively German.
§ 13 Dispute resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.