Terms and Conditions

 

General Terms and Conditions (GTC) with Customer Information

1. Scope and Target Group

1.1. For the business relationship between ODE International GmbH, Böttgerstraße 16, 13357 Berlin (hereinafter "Seller") and the customer (hereinafter "Customer"), only the following General Terms and Conditions in their version valid at the time of the order shall apply. 1.2. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity (§ 13 BGB). 1.3. The goods offered in our online shop are exclusively for consumers (end customers) who have reached the age of 18. Sales to entrepreneurs, commercial buyers, or resellers are excluded. Goods are only sold in household quantities.

2. Conclusion of Contract

2.1. The products displayed in the online shop do not constitute a legally binding offer, but rather a non-binding online catalog. 2.2. The customer can place products in the shopping cart without obligation. Before submitting the order, the customer can change and view the data at any time. 2.3. By clicking the button that concludes the ordering process (e.g., "Buy," "Order with obligation to pay," or "Pay now"), the customer submits a binding order for the goods contained in the shopping cart. 2.4. The seller can accept the customer's offer within two days,

  • by sending the customer a written order confirmation or an order confirmation in text form (e-mail), whereby the receipt of the order confirmation by the customer is decisive, or

  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or

  • by requesting payment from the customer after they have placed their order (e.g., for PayPal or credit card payment). If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs.

3. Prices and Shipping Costs

3.1. The stated prices include the statutory value-added tax and other price components. 3.2. In addition to the stated prices, the Seller charges shipping costs for delivery. The shipping costs are clearly communicated to the customer during the ordering process. 3.3. If the customer exercises their statutory right of withdrawal for part of the order and the value of the remaining goods falls below the amount from which the seller delivers free of charge (free shipping threshold), the seller reserves the right to subsequently charge the shipping costs for the outward shipment that would have been incurred for the remaining goods.

4. Payment and Retention of Title

4.1. The customer has various payment options available, which are indicated in the online shop (e.g., credit card, PayPal, Shopify Payments). 4.2. The goods remain the property of the Seller until full payment of the purchase price.

5. Delivery and Delivery Restrictions

5.1. Delivery is exclusively to delivery addresses within Germany. Delivery abroad is not possible. 5.2. The delivery time is approx. 3-5 working days, unless a different period is specified for the respective product. The period for delivery begins on the day after the payment order is issued to the transferring credit institution for prepayment, or on the day after the conclusion of the contract for other payment methods. 5.3. If the delivery of the goods fails for reasons for which the customer is responsible (e.g., incorrect address, not being found despite notification), the customer bears the reasonable costs incurred by the seller as a result.

6. Youth Protection (Alcoholic Beverages)

6.1. The seller only enters into contractual relationships with persons of legal age. By submitting the order, the customer assures that they are at least 18 years old and that their name and address details are correct. 6.2. The seller ensures through suitable measures (e.g., ID check or "registered mail with personal delivery" by DHL/logistics partner) that the goods are only handed over to persons of legal age. The customer must ensure that only they themselves or a person of legal age authorized by them to receive the delivery accepts the goods.

7. Transport Damage

7.1. If goods are delivered with obvious transport damage, the customer is requested to report such defects to the deliverer immediately and to contact the seller without delay. 7.2. Failure to make a complaint or contact has no consequences for the customer's statutory warranty claims. However, they help the seller to assert his own claims against the carrier or transport insurance.

8. Warranty and Liability

8.1. The statutory liability for defects (warranty) applies. 8.2. Claims by the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose observance the contractual partner can regularly rely. 8.3. In the event of a breach of essential contractual obligations, the seller is only liable for the typical, foreseeable damage if this was caused by simple negligence, unless it concerns claims for damages by the customer from an injury to life, body or health.

9. Dispute Resolution

9.1. The EU Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr 9.2. The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

10. Final Provisions

10.1. The law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods (UN Sales Convention). 10.2. Should individual provisions of this contract be invalid or contradict the legal regulations, the rest of the contract shall not be affected thereby.


RIGHT OF WITHDRAWAL & WITHDRAWAL FORM

Right of Withdrawal You have the right to withdraw from 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, has taken possession of the goods.

To exercise your right of withdrawal, you must inform us (ODE International GmbH, Böttgerstraße 16, 13357 Berlin, E-Mail: hi@ode-aperitif.com) by means of a clear declaration (e.g., a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is 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.

Consequences of Withdrawal If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue 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 fees 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 without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

Costs of Return You bear the direct costs of returning the goods. You have the choice to organize and stamp the return independently or to use the optional return label provided by us. If you use our return label, we will deduct a lump sum of 5.90 EUR from the invoice amount to be refunded.

Compensation for Value Loss 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 their quality, characteristics and functionality.

Exclusion of the Right of Withdrawal The right of withdrawal expires prematurely for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (e.g., opened bottles).


Model Withdrawal Form (If you wish to withdraw from the contract, please fill out this form and send it back.)

To ODE International GmbH, Böttgerstraße 16, 13357 Berlin, E-Mail: hi@ode-aperitif.com

– I/we () hereby withdraw from 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 for notification on paper) – Date (*) Delete as appropriate.