Terms and Conditions
General Terms and Conditions and Client Information & Information on Data Protection
1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Price and Delivery Costs
5. Shipment and Delivery Conditions
6. Liability for Defects
7. Law and Jurisdiction
8. Alternative Dispute Resolution
A. General Terms and Conditions and Client Information
1) Scope of Application
1.1 These Terms and Conditions of the company Main Rodriguez Kirch GbR (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a Consumer or a Trader (hereinafter referred to as "Client”) and the Seller related to all goods and/or services presented by the Seller’s online-Shop. The inclusion of the Client`s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
2) Conclusion of the Contract
2.1 The product descriptions presented by the Seller on its online-Shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button completing the ordering process. Furthermore, the Customer may also submit the offer to the Seller by telephone.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or 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 placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.5 If the payment method "Amazon Payments" is selected, the payment shall be processed via the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter referred to as "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method as part of the online ordering process, he shall also issue a payment order to Amazon by clicking on the button completing the ordering process. In this case, the seller hereby declares acceptance of the customer's offer at the point in time at which the customer triggers the payment process by clicking the button completing the order process.
2.6 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after sending the customer's order. The seller will not provide further access to the contract text. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be retrieved by the customer free of charge via his password-protected user account by providing the corresponding login data.
2.7 Prior to binding submission of the order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors may be the zoom function of the browser, with the help of which the display on the screen is enlarged. Within the framework of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.
2.8 The order processing and establishment of contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
2.9 When placing an order for alcoholic beverages, the customer confirms by sending the order that he has reached the legally required minimum age and undertakes to ensure that either he or a person of full age authorized by him may accept the goods.
3) Right of withdrawal
3.1 In principle, consumers are entitled to a right of withdrawal.
3.2 Further information on the right of revocation can be found in the seller's return policy.
3.3 The right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible, and which are to be Paid by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods shall be delivered by shipment to the delivery address specified by the customer. The delivery address stated in the Seller's order processing is decisive for the transaction. Notwithstanding the foregoing, when selecting the payment method PayPal, the delivery address provided by the Customer to PayPal at the time of payment shall be decisive.
5.2 If the carrier returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This shall not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable notice of the service in advance. Furthermore, this does not apply with regard to the costs for the shipment if the customer exercises his right of revocation effectively. In the event that the customer exercises the right of revocation effectively, the provision of the seller's revocation policy shall apply to the return costs.
5.3 Self collection is not possible for logistical reasons.
5.4 Vouchers shall be handed over to the customer as follows:
- by e-mail
6) Retention of property rights
If the seller makes an advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the object of sale is defective, the provisions of the statutory provisions shall apply.
Liability for defects.
7.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damages and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual warranty claims.
8) Redeeming Coupons
8.1 Vouchers which are issued free of charge by the Seller within the scope of advertising campaigns with a certain validity period and which cannot be purchased by the Customer (hereinafter referred to as "Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.
8.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
8.3 Vouchers can only be redeemed before completion of the order process. Subsequent settlement is not possible.
8.4 Only one voucher can be redeemed per order.
8.5 The value of the goods must at least correspond to the amount of the voucher.
Any remaining credit will not be refunded by the seller.
8.6 If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
8.7 The credit balance of a promotion voucher is neither paid in cash nor interest is paid on it.
8.8 The Promotion Voucher will not be refunded if the Customer returns the goods paid for in full or in part with the Promotion Voucher within the scope of his statutory right of withdrawal.
8.9 The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
9) Redeeming gift vouchers
9.1 Vouchers which can be purchased via the online shop of the seller (hereinafter referred to as "gift vouchers") can only be redeemed in the online shop of the seller, unless otherwise stated in the voucher.
9.2 Gift vouchers and balance of gift vouchers are redeemable until the end of the third year after the year of purchase. Any remaining balance will be credited to the customer by the expiry date.
9.3 Gift vouchers can only be redeemed before the completion of the order process. Subsequent settlement is not possible.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift vouchers may only be used for the purchase of goods and not for the purchase of
other gift vouchers can be used.
9.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.
9.7 The credit balance of a gift voucher is neither paid in cash nor interest is paid on it.
9.8 The Gift Certificate is transferable. The Seller may, with discharging effect, make payment to the respective owner who redeems the gift voucher in the Seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the no authorization, the legal incapacity or the lack of power of representation of the respective owner.
10) Applicable law
10.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
10.2 Furthermore, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
11) Alternative dispute resolution
11.1 The EU Commission provides a platform on the Internet under the following link for
Online dispute resolution ready: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
11.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.