Version 24 November 2018
Section 1 – Provider, incorporating the terms and conditions
(1) The provider and contractual partner is Seleborg Distilling GmbH, Friedrichstrasse 115, 10117 Berlin, Phone: +49 (0) 173-8778410, email: firstname.lastname@example.org (hereinafter called “provider”, “we” or “us”).
(2) The following terms and conditions are an integral component of any contractual relationship between us and the respective customer (hereinafter called “you”) for orders and commissioning of services offered on our website.
Section 2 – Offers, conclusion of contract, prices
(1) Marketing not addressed to recipients mentioned by name — such as on our website, in brochures, in online ads on other websites or in printed advertising material — does not constitute a binding offer on our part. Instead, these are requests to submit an offer to us which we may then accept depending on availability.
(2) All our offers are exclusively intended for persons at least 18 years of age or older.
(3) If the customer is a group of persons (e.g. family, married couple), then each individual will be considered a joint debtor and joint creditor for all contractual services, and each person will be considered authorized to submit and accept declarations of intent on behalf of the others.
(4) Contracts will be concluded and fulfilled exclusively in German. Our offers are exclusively intended for customers with headquarters or permanent residence in Germany.
(5) We will save the content of contracts that have been concluded and send it to the customer by email in the confirmation of contract. The customer has no other option to view the contract text we have saved; accordingly, we recommend saving the email along with the confirmation of contract.
(6) All price information we provide are gross prices including 19% VAT plus shipping costs. Information about shipping costs can be found within each respective product description.
Section 3 – Tasting offer
(1) We offer various tasting events on our website. The content of each event can be found in the descriptions of individual event dates on the website.
(2) Each tasting session booked will be held on site at the customer’s premises or another agreed-upon location designated by the customer at the arranged time. The customer must guarantee that the location selected is suitable for carrying out the tasting session.
(3) The tasting offer on our website is not a binding booking offer. Through the booking form, customers submit their name, address and phone number as well as the location and date of the desired event. We subsequently send a binding offer via mail or email for participation in the customer’s desired tasting session.
(4) A binding booking for a tasting session is made when the customer sends us an acceptance of offer via mail or email. Until the acceptance of offer is submitted, the customer has the option to modify previously submitted data or cancel the entire booking at any time.
(5) We will confirm the conclusion of contract via email (confirmation of contract). The confirmation of contract includes the contractual text, which will also be saved in our electronic data processing system. Please save the confirmation of contract on your computer or print it out for your reference, since this will be your sole access to the contractual text.
(6) The customer is required to pay the participation price via bank transfer or PayPal immediately, and no later than the start of the tasting session. We reserve the right to offer other payment methods as well. It is also the customer’s obligation to pay the participation price, even if the customer declines to participate or withdraws from participation during the event unless legal grounds for termination or withdrawal are involved.
III. Bespoke whisky (Das Cask)
Section 4 – Content of services
(1) After participating in a tasting session (II.), we offer the customer the creation of their bespoke whisky in a 30-liter wooden cask, according to their specifications. We assume that a tasting will generally be required in order to determine the flavor profile for producing the customer’s whisky.
(2) The production of the whisky involves acquiring the necessary distillate and a suitable 30-liter wooden cask, specialist processing of the distillate according to the customer’s flavor specifications, storage of the wooden cask filled with the distillate and bottling of the finished whisky after a minimum maturation period of three years. Please note that since the size of the wooden casks is not standardized, there may be variations in the maximum filling quantity depending on the individual cask. We guarantee that at least 25 liters of whisky will be available for bottling and shipment to the customer at the end of the individual production process.
Section 5 – Conclusion of contract
(1) The product descriptions contained on our website do not constitute binding offers on our part; rather, their purpose is to assist the customer in submitting a binding offer.
(2) The customer can submit the offer through the online order form found on our website. To order, the customer submits a binding contract offer for the products contained in the shopping cart by clicking the “Place order now” button after configuring the whisky cask based on individual preferences, adding it to the virtual shopping cart and completing the electronic order process. Before submitting the purchase offer, the customer will be shown a summary of the data collected for the order, including the significant characteristics of the products. At this time, the customer has the option to check the data for potential input errors and, if necessary, to go back one or more steps in the order process to change the data and settings or cancel the entire order. Alternatively, the customer can also submit the offer to the buyer via email or mail using the appropriate order form.
(3) We may accept the customer’s offer within six days by sending the customer a confirmation of contract in writing or text form (email). In this process, the customer’s receipt of the confirmation of contract or our request for payment following receipt of the order will be considered conclusive. If more than one of the above alternatives are present, the contract will take effect at the earliest point in time one of the alternatives mentioned above occur. If we have not accepted the offer by that point, it will be deemed rejected.
(4) Following conclusion of contract, we will send the customer an email with the contents of the concluded contract (contractual text). At the same time, we will store the contractual text in our electronic data processing system. Since the customer has no access to this system, it is the responsibility and in the interest of the customer to retain the email with the contractual text.
Section 6 – Prices and payment
(1) The prices indicated in the shopping cart include the costs of the selected distillate as well as the costs of procuring the 30-liter wooden cask and storing it on our premises for 3 to 6 years. For each additional year or part thereof, an additional storage fee of 200 euros will be charged. Additional services (e.g. shipping, bottling, etc.) must also be booked. The individual prices can be found in the price list and will be displayed to the customer in the shopping cart.
(2) The customer can pay his purchase by advance payment via bank transfer. We reserve the right to offer other payment methods as well.
(3) For advance payment orders, the payment deadline is one week following receipt of the confirmation of contract. We reserve the right to withdraw from the contract if payment is not made by the deadline.
Section 7 – Production and bottling
(1) No later than 14 days after receipt of payment, we will fill the 30-liter wooden cask with the distillate according to the flavor requirements provided by the customer in the order.
(2) The filled wooden cask will subsequently be stored for a minimum of three years on our premises.
(3) Each year we will check the content of the cask. We will also give the customer the opportunity to be present at a check once each year by arranging an appointment via a separate booking form on our website. The customer is not entitled to a participation in this check.
(4) After the third year of storage has elapsed, the aged whisky will be ready for bottling. We will provide the customer with email recommendations at regular intervals, at least once every 6 months, concerning whether the whisky meets the customer’s flavor requirements and should now be bottled. After the third year has elapsed, the customer may submit a statement in text form requesting us to proceed with bottling within 14 days after reception of this statement.
(5) Once the customer has communicated this request via email, the customer is then required to give consent to the bottling in text form within 14 days. Once this period has expired, we can no longer guarantee that the customer’s flavor requirements can be fully met.
(6) When submitting a statement of consent or a bottling request, the customer has the option to make a revised binding selection regarding the manner of bottling and shipping indicated in the original order. If additional costs are incurred as a result of changes to this selection, we will communicate these costs to the customer in an email in a new offer within 5 days after reception of the statement. The customer can accept our offer within six days of receipt by sending us a contract modification confirmation in text form (email). If the customer has not accepted the offer by that point, it will be deemed rejected and the bottling and shipping method originally selected by the customer during the original order process will be maintained. Bottling will then occur within 7 days.
(7) The delivery period of the whisky bottled in fulfillment of the contract is no more than 14 days from the time of bottling.
IV. General final provisions
Section 8 – Warranty (liability for defects)
(1) Your warranty claims with regard to us (also referred to as liability claims for defects) are established according to statutory provisions.
(2) For production and delivery of a custom whisky according to Sections 4-7, the statutory warranty claims apply, with the period of limitation beginning upon receipt of the goods by the customer.
Section 9 – Consumer’s right of withdrawal
(1) If you qualify as a consumer, you have a right of withdrawal under the statutory provisions. A consumer is any natural person who concludes a legal transaction for purposes that cannot be primarily attributed to that person’s commercial or independent professional activities.
(2) We will grant a consumer’s right of withdrawal subject to the requirements and consequences of German law to consumers with permanent residence outside Germany, even if the consumer’s own national laws do not include any right of withdrawal or if the withdrawal is based on a shorter period or stricter formal requirements than those valid under German law.
(3) There is no right of withdrawal
- for contracts for the delivery of goods that are not prefabricated and that require the consumer’s individual selection or determination for production or that are clearly customized to the personal needs of the consumer;
- for contracts for the provision of additional services associated with leisure activities if the contract includes a specific deadline or term for their fulfillment.
Section 10 – Extrajudicial resolution
(1) For extrajudicial resolution of disputes involving remote sales contracts with a consumer, the EU Commission has set up an online dispute resolution platform (“ODR platform”) at https://ec.europa.eu/consumers/odr.
(2) Apart from the dispute resolution platform, consumers may contact the following arbitration board:
General consumer arbitration board of the Zentrum für Schlichtung e.V.,
Strassburger Strasse 8
77694 Kehl am Rhein
Phone: +49 (0) 7851-7957940.
(3) However, we are neither bound nor willing to participate in extrajudicial consumer dispute resolution proceedings.
Section 11 – Applicable law, place of fulfillment, place of jurisdiction
(1) The laws of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on the International Sale of Goods. However, German law will not apply to consumers with permanent residence outside of Germany if the consumer’s own national law contains regulations from which the contract may not deviate to the detriment of the consumer.
(2) If the customer is a merchant, a public corporation or special fund under public law, the parties agree that the place of fulfillment and exclusive place of jurisdiction will be the provider’s registered office in Berlin, Germany.
(3) If individual provisions of these general terms and conditions should prove ineffective or unenforceable, the effectiveness of the remaining provisions shall not be affected.