§ 1 Terms of payment; Default
(1) Payment shall be made either by:invoice in advance, cash on delivery, credit card, Paypal or direct debit.
(2) The selection of the respective available payment methods is incumbent upon us. In particular, we reserve the right to offer you only selected payment methods, e.g. only advance payment to hedge our credit risk.
(3) If you select the advance payment method, we will provide you with our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days after receipt of the order confirmation.
(4) If payment is made by cash on delivery, an additional fee of EUR 5 will be due, which the deliverer will charge locally. Further costs and taxes do not apply.
(5) When paying by credit card, the purchase price will be reserved on your credit card at the time of the order (authorisation). The actual charge to your credit card account will be made at the time we ship the goods to you.
(6) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us. After submitting the order in the shop, we request PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
(7) In the case of payment by direct debit, you may have to bear the costs incurred as a result of a chargeback of a payment transaction due to lack of funds in the account or due to incorrect bank details provided by you.
(8) If you fall into arrears with a payment, you are obliged to pay the statutory interest on arrears of 5 percentage points above the base interest rate. You will be charged a reminder fee of EUR 2.50 for each reminder sent to you after the default has occurred, unless lower or higher damages are proven in individual cases.
§ 2 Offsetting/right of retention
(1) You shall only have a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship to our claim.
(2) Likewise, you may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 3 Delivery
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you have given us.
(2) Deliveries are only possible within Germany. European or worldwide deliveries are possible plus the respective shipping costs.
(3) If not all ordered products are in stock, we are entitled to make partial deliveries, insofar as this is reasonable for you. Any time limits shall only begin with the receipt of the last partial delivery.
(4) If the delivery of perishable goods is the subject of this contract, the following shall apply: The customer shall ensure the acceptance of perishable goods on the agreed delivery date by taking suitable precautions, e.g. by accepting the goods himself, by instructing a person to accept them at the specified delivery address or by informing the seller of the name and address of a neighbour who is prepared and authorised to accept the goods.
(5) The delivery of ordered goods is subject to the availability of the goods. If the goods are not available at the time of the order, the customer will receive notification of the expected delivery date and the order will be noted by us. As soon as the goods are in stock, they will be dispatched to the customer without any further notification to the customer. In the event of unavailability, in particular because a limited stock of goods marked as such has been exhausted (e.g. limited editions), we shall inform the customer. Payments already made will then be refunded without delay.
(6) In the case of delivery of spirits subject to statutory sales restrictions, the goods shall only be handed over to receiving persons who meet the statutory requirements and only upon presentation of the identity card.
(7) We are exceptionally not obliged to deliver the ordered goods if we have duly ordered the goods on our part but have not been supplied correctly or on time (congruent covering transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. In the case of corresponding unavailability of the goods, we will immediately reimburse you for any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for goods which are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
§ 4 Retention of title
(1) The goods remain our property until the purchase price has been paid in full.
(2) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following shall apply in addition:- We reserve title to the goods until all claims arising from the current business relationship have been settled in full. You may resell the goods in the ordinary course of business. In this case you already now assign to us all claims in the amount of the invoice amount accruing to you from the resale. We accept the assignment, but you are authorised to collect the claims. Insofar as you do not properly fulfil your payment obligations, we reserve the right to collect claims ourselves.- In the event of combination and mixing of the reserved goods, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.- We undertake to release the securities to which we are entitled upon request insofar as the realisable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.
§5 Exchange and return
(1) If you wish to return or exchange an item for any reason, please email our customer service department and let us know what has happened: firstname.lastname@example.org.
(2) Returns and exchanges can only be accepted if the item is in brand new condition. Bottles should be sealed and undamaged. Items eligible for return or exchange must be returned within 14 days of delivery.
(3) Please include your ORDER NUMBER in the return package so that we can locate your order in our system. The order number will be sent to you as soon as your order is completed. You will find your delivery confirmation in your email inbox.
(4) Customers are responsible for all shipping charges for returns and exchanges. Unless of course the item is faulty or we may have made a mistake. In this case, please send us an email and we will cover the return shipping costs.
(5) Once we have received the item, please allow up to 10 working days for a return or exchange to be processed. You will receive an email from us once the return or exchange has been processed.
The return address is: Monk Distillery, Pfarrer-Huber-Ring 10, 83620 Feldkirchen, Germany.
§ 5 Cancellation policy
In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. you are making the purchase for purposes that are predominantly neither attributable to your commercial nor your independent professional activity, you have a right of revocation in accordance with the following provisions.
Status: December 2020