§ 1 General

These general terms and conditions apply to the entire business relationship with our customers. Conflicting general terms and conditions shall only become part of the contract if they are acknowledged by us in writing. In the event of an acknowledgement, this shall be limited to the respective transaction. The goods are delivered exclusively in the designs, packaging units or minimum quantities specified in the respective current catalog or brochure. We reserve the right to make technical changes in the sense of technical progress as well as customary deviations in form, color and weight, provided that there is no deviation from the ordered quality and functionality. Orders are only binding for us if we confirm them or comply with them by sending the goods. We are entitled to partial deliveries and partial services if there is a valid reason. The contract is concluded in German. These general terms and conditions can be printed by the print function of the browser. They can also be saved.

§ 2 Pricing

Unless expressly stated otherwise in the catalog, internet or advertising, the prices refer to the respective items shown according to the description, but not to accessories or decoration. All prices are inclusive of the respective applicable value added tax. The prices stated in the catalog, internet and in the current advertising refer to the respective date of publication. Prices are subject to change after this date. For contracts already concluded, a change in the agreed price is excluded. The various payment options and further information on delivery or fulfillment are included in the shipping instructions or the respective product pricing.

§ 3 Terms of delivery and service

If we withdraw from the purchase contract due to non-availability of the goods, we undertake to inform the customer immediately about the non-availability and to reimburse any consideration received from the customer without delay. This provision shall also apply in the case of claims for subsequent performance. If the ordered goods are not or no longer available, we also reserve the right to offer goods of equivalent price and quality before the order becomes binding. After the order has become binding, we reserve the right to offer goods of an equivalent price in individual cases without limiting the quality and functionality ordered. In addition, a 14-day right of withdrawal applies to consumers.

§ 4 Order process and conclusion of contract

The purchase contract is concluded as follows: By sending an online order in the Internet store or by way of order acceptance (telephone, fax, e-mail), the customer declares a binding offer, which does not yet constitute acceptance of the contract, but must still be accepted by us expressly or by conclusive action. Input errors can be corrected before the final submission of an order by pressing the “Change” prompt.
After receipt of the binding order, we will send an order confirmation by e-mail. This does not lead to the conclusion of a contract, but only confirms the receipt of the order. A contract is only concluded with the order confirmation, which we send separately. As far as a contract is not concluded, all payments already made (especially in case of payment in advance) will be refunded. The contract is concluded in German. Contractual partner of the customer is The Black Forest BOAR Distilery GbR, Breitsodstraße 4, 77740 Bad Peterstal.

§ 5 Terms of payment

Invoices are due immediately and without any deduction. If the customer is in default of payment, we are entitled to demand reminder fees in the amount of EUR 5,- as well as interest on arrears in the statutory amount. We reserve the right to claim further damages. The customer shall be at liberty to prove that we have incurred no damage or significantly less damage. We shall be entitled to set off payments against the purchaser’s older liabilities despite any provisions of the purchaser to the contrary. Payments by check or bill of exchange do not constitute cash payments, but are only accepted on account of performance. We are not obliged to present checks in due time. Payments shall only be deemed to have been made when we are able to dispose of the amount owed without loss. In the case of invoice payment by direct debit, the goods shall only become the property of the customer when the amount has been collected in full and without revocation of the direct debit.

§ 6 Cancellation policy

You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.
To exercise your right of withdrawal, you must inform

BOAR Distillery im Schwarzwald
Breitsodstraße  4
77740 Bad Peterstal-Griesbach

Phone number: +49 (0) 7806 992 94 66
Fax number: +49 (0) 7806 910099
E-Mail adress: info@boargin.de

by means of a clear statement (e.g. a letter sent by mail, fax or e-mail) about your decision to withdraw from this contract. You can use the enclosed sample cancellation form for this purpose, which is, however, not mandatory.
In order 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.

Consequences of the revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of 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 any fees because of 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 without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You will 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 testing the condition, properties and functioning of the goods.

Sample cancellation form

(If you want to cancel the contract, please fill out and return this form).

To:

BOAR Distillery im Schwarzwald
Breitsodstraße  4
77740 Bad Peterstal-Griesbach

Phone number: +49 (0) 7806 992 94 66
Fax number: +49 (0) 7806 910099
E-Mail adress: info@boargin.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/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 case of notification on paper)
___________________________

Date
___________________________

(*) Delete as applicable.

§ 7 Claims for defects, warranty conditions, claims for damages

The statutory limitation period for claims for defects is 2 years and begins with the handover of the goods. During this period, all defects subject to the statutory warranty obligation shall be remedied free of charge. If the customer is not a consumer, claims for defects are initially limited to supplementary performance; if this supplementary performance fails, the customer has the right to choose between the right to withdraw from the purchase contract or to reduce the purchase price. Insofar as a guarantee is granted for goods by the manufacturer, the details result from the guarantee conditions, which are attached to the respective delivered item.
We shall be liable for damages resulting from injury to life, body or health due to a negligent breach of duty on our part or an intentional or negligent breach of duty by a legal representative or vicarious agent, as well as for other damages due to an intentional or grossly negligent breach of duty on our part or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent, but for any fault in the case of damages resulting from a breach of essential contractual obligations. Any further liability for damages, irrespective of the legal basis, is excluded. This shall not affect liability for damages due to the absence of warranted characteristics and under the Product Liability Act.
If the customer recognizes damage to the packaging upon receipt of the delivery, he should have the damage confirmed in writing by the carrier upon acceptance of the goods and immediately notify us that acceptance is conditional due to the damaged packaging. Damages in transit, which are detected only after unpacking the goods, should be reported to us in writing within 3 days (the date of the postmark is sufficient). Failure to comply with this request shall not result in the limitation or loss of any claims for defects.

§ 8 Retention of title

We retain title to the delivered goods until the purchase price has been paid in full. The purchaser is obliged to notify us immediately of any change of his place of residence or business as long as claims for delivered goods are still outstanding or the goods have not yet been delivered.

§ 9 Information on the storage of the contract text and data protection

Der Vertragstext wird nach Vertragsschluß nicht gespeichert. Gleiches gilt für die eingegebenen Daten der Bestellung. Der Vertragstext und die Bestelldaten können durch die Druckfunktion des Browsers ausgedruckt oder auf dem Computer des Kunden abgespeichert und auf diese Weise nach Absenden der Bestellung durch den Kunden eingesehen werden.

Wir bearbeiten Kundendaten zur Durchführung von Anfragen oder Aufträgen und zur Pflege der laufenden Kundenbeziehung. Jeder Kunde hat das Recht, der Zusendung von Produktinformationen per Post jederzeit zu widersprechen. Bis zum Eingang des Widerspruchs ist der Kunde mit der Zusendung von Produktinformationen per Post einverstanden.

§ 10 Final provisions

The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions. In the case of contracts with merchants, commercial companies, legal entities under public law, special funds under public law and in the event that the customer, who is not a consumer, does not have his general place of jurisdiction in Germany, the place of jurisdiction shall be Offenburg. German law shall apply.

Status: 27.05.2016
Provider designation:

BOAR Distillery im Schwarzwald
Breitsodstraße  4
77740 Bad Peterstal-Griesbach

Phone number: +49 (0) 7806 992 94 66
Fax number: +49 (0) 7806 910099
E-Mail adress: info@boargin.de

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

The European commission provides a platform for online conflict resolution, which you can find at https://ec.europa.eu/consumers/odr We are neither required nor prepared to participate in conflict resolution proceedings at a consumer arbitration board.