General Terms and Conditions of StrandBerg GmbH
Version 1.0 dated 2022-01-25
1. Scope of Application
The following Terms and Conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
With respect to entrepreneurs, these Terms and Conditions also apply to future business relationships without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2. Contracting Parties, Conclusion of Contract
The purchase contract is concluded with StrandBerg GmbH.
The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the ordering process. By clicking the order button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order has been submitted.
We reserve the right to identify items that are currently unavailable immediately after receipt of your order. These items will not be delivered automatically at a later date, and no purchase contract will be concluded for these items.
When the contract with us is concluded depends on the payment method you have chosen:
Cash payment on site
We accept your order by sending a declaration of acceptance in a separate email.
3. Contract Language, Storage of Contract Text
The language available for the conclusion of the contract is German.
The contract text is not stored by us.
4. Delivery Conditions
Shipping costs are added to the stated product prices. You can find more details about the shipping costs in the offers.
We only deliver by shipping.
5. Payment
The following payment methods are available in our shop:
Cash payment on site
You pay the stated sales price directly in cash on site.
6. Conditions for Gin Tastings and Distilling Seminars
6.1 Booking Conditions
Bookings for gin tastings or distilling seminars are transferable and not person-specific. In the event of cancellation of the tasting or seminar by StrandBerg GmbH due to illness or for organizational reasons, an alternative date will be provided. No further costs will be incurred.
6.2 Rebooking
At your request, we can arrange a rebooking to another tasting/distilling seminar free of charge up to 14 days before the start, provided there are still places available in the desired tasting or seminar.
6.3 Cancellation
Cancellation of the tasting is possible up to 14 days before the start of the event.
6.4 Changes
We reserve the right to make short-term changes to the tasting schedule (e.g., in the components of the snack).
7. Right of Withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy. No voluntary right of withdrawal is granted to entrepreneurs.
8. Warranty and Guarantees
Unless expressly agreed otherwise below, the statutory liability for defects shall apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods. For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
With respect to entrepreneurs, only our own specifications and the manufacturer’s product descriptions that were included in the contract shall apply as an agreement on the quality of the goods; we assume no liability for public statements by the manufacturer or other advertising claims. If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by eliminating the defect (rectification) or by delivering a defect-free item (replacement delivery). The above restrictions and shortening of periods do not apply to claims based on damage caused by us, our legal representatives, or vicarious agents
• in the event of injury to life, body, or health
• in the event of intentional or grossly negligent breach of duty as well as fraudulent intent
• in the event of a breach of cardinal obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, insofar as agreed
• insofar as the scope of application of the Product Liability Act is open.
Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online shop.
If you have any questions or problems, you can reach us at mail@strand-berg.de or on workdays from 8 AM to 4 PM at +49 5520 999 79 79.
11. Liability
For claims based on damage caused by us, our legal representatives, or vicarious agents, we shall always be liable without limitation
• in the event of injury to life, body, or health,
• in the event of intentional or grossly negligent breach of duty,
• in the case of guarantee promises, insofar as agreed, or
• insofar as the scope of application of the Product Liability Act is open.
In the event of a breach of cardinal obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, our legal representatives, or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
12. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
The competent body is the Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.
13. Protection of Minors
Orders can only be accepted from customers who have reached the age of 18.
14. Final Provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
