ALLGEMEINE GESCHÄFTSBEDINGUNGEN (AGB)
1. Area of application
The following General Terms and Conditions (GTC) apply to all contracts concluded with Flight Mode Spirits e.K., Baroper Str. 337a, Germany - 44227 Dortmund for orders and the purchase of goods via the store at the Internet address https://flightmode-gin.com (Shop).
2. Contractual partner
The contractual partner for orders placed via the Store is Flight Mode Spirits e.K., Baroper Str. 337a, Germany - 44227 Dortmund ("Flight Mode Spirits").
3. Prices, minimum order value and shipment
3.1 The prices listed in the offer at the time of the order shall apply. All prices stated are total prices and include the statutory value added tax.
3.2 Our products are shipped by DHL. Delivery is made by shipment from the warehouse to the address provided by you. The delivery period is 14 working days from receipt of the shipping confirmation.
3.3 Information on delivery time can be found on the respective item detail page.
4. Order process and conclusion of contract
4.1 The presentation of the products in the Store does not constitute a legally binding offer. By clicking the "Order" button, you place a binding order for the products contained in the shopping basket. You can change your data and the order in the shopping basket at any time before submitting the order. Confirmation of receipt of the order will be sent by email immediately after the order has been sent (order confirmation), with which the contract is concluded. You will also receive a separate email (shipping confirmation) when the shipment takes place. With the shipping confirmation, you will receive the invoice for your order as well as our General Terms and Conditions for your records.
4.2 You can also place a binding order by telephone. In the case of an order placed by telephone, the purchase contract is concluded if we accept your offer immediately. If the offer is not accepted immediately, you are no longer bound by it.
5. Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must inform us (Flight Mode Spirits e.K., Baroper Str. 337a, Germany - 44227 Dortmund, firstname.lastname@example.org, +49 (0) +49 (0) 231/13483090) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract.
You can use the attached model withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Folgen des Wiederrufs
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.
You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Exclusion or premature expiry of the right of cancellation
The right of withdrawal expires prematurely for contracts with delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
Model cancellation form
[If you wish to cancel the contract, please complete and return this form].
Flight Mode Spirits e.K.
Baroper Str. 337a
Germany – 44227 Dortmund
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)_______________________________________________________
Ordered on (*) ____________ / received on (*) __________________
Name of the consumer(s)________________________________________________________
Address of the consumer(s)________________________________________________________
Signature of the consumer(s) (only in the case of a paper communication)_________________________
(*) Delete as applicable.
6. Articles not available
We make every effort to have the products offered in the store in stock for you at all times. If we do not accept an order because a product is exceptionally no longer available, we will inform you immediately by e-mail. In this case, we will refund any payments you have made.
7. Data protection
Flight Mode Spirits e.K. endeavours to ensure the security of the customers' personal data. In all data processing procedures (e.g. collection, processing and transmission), Flight Mode Spirits e.K. proceeds in accordance with the statutory regulations and in compliance with the data protection provisions of Flight Mode Spirits e.K.. The data protection regulations are part of these GTC.
8. Warranty and liability
8.1. All goods from our shop are subject to statutory warranty rights.
8.2 All bottle illustrations on our internet pages are for illustrative purposes only and are similar to the item described: the bottle illustrations may differ from the delivered bottles in terms of their external appearance. If we offer our distillate products for pre-order (subscription), i.e. before completion of the maturation process, all specific offer information on the distillate (such as the drinking strength) is for illustrative purposes only and may deviate by 10% -15%.
8.3. Flight Mode Spirits e.K. shall be liable for damages arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as for other damages based on an intentional or grossly negligent breach of duty by the Partner, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. In the event of a breach of essential contractual obligations, Flight Mode Spirits e.K. shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it is a matter of claims for damages arising from injury to life, limb or health. The provisions of the Product Liability Act shall remain unaffected.
9. Retention of title
The delivered goods remain our property until the goods have been paid for in full.
10. Payment options and invoice
10.1 Payments in the store can be made at your choice by Paypal, Klarna, credit card or cash in advance. If prepayment is chosen as the method of payment, you must transfer the purchase price to the Flight Mode Spirits e.K. account specified in the order confirmation within 5 days of conclusion of the contract; otherwise we are entitled to withdraw immediately.
10.2 You will receive the invoice with the delivery in your package.
11. Information according to distance selling law
11.1 The language available for the conclusion of the contract is German.
11.2 Input errors can be detected during registration by a syntax and spelling check in the form fields and corrected by re-entering the data in the form field.
11.3 The text of the contract shall be stored by Flight Mode Spirits e.K. for accounting purposes in accordance with the retention obligations and periods under commercial law. The text of the contract is not accessible via the Internet after the conclusion of the contract. These GTC as well as your order information can be saved at any time or printed out using the browser's print function (press the right mouse button, "Print").
12. Information on online dispute resolution
The European Commission has made available an internet platform for online dispute resolution ("ODR platform"). The ODR platform is intended to serve as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. You will be able to access the ODR platform at the following link: http://ec.europa.eu/consumers/odr
13. Final clauses
13.1. The registered office of Flight Mode Spirits e.K. is in Dortmund. All written enquiries should be sent to the following address: Flight Mode Spirits e.K., Baroper Str. 337a, Germany - 44227 Dortmund.
13.2. These GTC constitute the agreement between Flight Mode Spirits e.K. and the buyer. Verbal side agreements do not exist.
13.3. Contracts between Flight Mode Spirits e.K. and the buyer shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws. In the case of contracts with consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
13.4. The exclusive place of jurisdiction for all disputes arising from this contract is the registered office of Flight Mode Spirits e.K. if you are a merchant.
13.5. Should individual provisions be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid points shall be replaced by the statutory provisions, if any.