General terms and conditions
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Shipment and Delivery Conditions
- Reservation of Proprietary Rights
- Exemption in case of violation of third-party rights
- Redemption of vouchers
- Applicable Law
- Online Dispute Resolution
1) Scope of Application
1.1 These Terms and Conditions of the company HISTORIA GmbH (hereinafter referred to as Seller) shall apply to all contracts concluded between a consumer or an entrepreneur (hereinafter referred to as Client) and the Seller relating to all goods and/or services presented in the online shop of the Seller. 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 General Terms and Conditions is every natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. An entrepreneur pursuant to these General Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller's 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 Client may submit the offer by the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart. The Client may also submit his offer to the Seller by means of postal service, e-mail, fax or telephone.
2.3 The seller may accept the Client's offer within five days,
- by transferring a written order confirmation or an order conformation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the customer is decisive, or
- by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client's offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4 The period for acceptance of the offer shall start on the day after the client has sent the offer and ends on expiry of the fifth day following the sending of the offer.
2.5 In case of an order via the Seller's online order form, the contract's content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions (for example via e-mail, fax or letter) after the Client has submitted his order. In addition, the contract's content will be stored on the Seller's website and can be found by the Client via the password-protected customer account by entering the respective login information, provided that the Client has created a customer account in the Seller's online shop prior to submitting his order.
2.6 The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order via the Seller's online order form. In addition, prior to submitting a binding order, all data entered will be once again displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.
2.7 The English language is exclusively available for the conclusion of the contract.
2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client's responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if spam filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
2.9 When ordering alcoholic beverages, the Client confirms by sending the order that he has reached the legal minimum age requirement and he undertakes to ensure that only he or an authorized adult person will receive the goods.
3) Right of Withdrawal
3.1 Consumers are entitled to the right of withdrawal.
3.2 Detailed information about the right of withdrawal are provided in the Seller's instruction "right of withdrawal".
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the product descriptions, prices indicated are total prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
4.2 In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes for example transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also incur, if delivery is not made in a country outside the European Union and the Client carries out the payment from a country outside the European Union.
4.3 Payment can be made using one of the methods mentioned in the Seller's online shop.
4.4 If prepayment has been agreed upon, payment shall be due immediately upon conclusion of the contract.
4.4 When choosing the payment method "PayPal", the handling of payments is done via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the conditions of use which can viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
5) Shipment and Delivery Conditions
5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the Seller's order processing is decisive.
5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client for a reasonable time in advance about the service.
5.3 Should the Client collect the goods himself, the Seller informs the Client by e-mail that the goods are available for collection. After receiving the e-mail, the Client may collect the goods in consultation with the Seller. In this case shipment costs will not be charged.
6) Reservation of Proprietary Rights
The Seller retains title of ownership to the delivered goods until the purchase price owed has been paid in full.
Should the object of purchase be deficient, statutory provisions shall apply.
8) Exemption in case of violation of third-party rights
If ,apart from delivering the goods, the contract obliges the Seller to process those goods according to specifications defined by the Client, the Client has to ensure that contents made available to the Seller for purposes of processing do not violate third-party rights (for example copyrights and trademark rights. The Client shall indemnify the Seller from claims of third parties asserted against the Seller in connection with the violation of their rights by the Seller's contractual use of the Client's contents. The Client will meet any reasonable costs of necessary legal defence including all court and lawyer's fees according to the statutory rate. This shall not apply, if the Client is not responsible for the violation of rights. In case claims are asserted against the Seller, the Client shall be obliged to furnish the Seller promptly, truthfully and completely with all information that is necessary for the verification of the claims asserted and for a corresponding legal defence.
9) Redemption of vouchers
9.1 Vouchers that the Seller offers free of charge for promotional purposes for a certain validity period and cannot be purchased by the Customer (hereafter "promotional vouchers"), can only be redeemed in the Seller's online shop and during the indicated time frame.
9.2 Individual products may be excluded from the promotion if the restriction is indicated in the content of the promotional voucher.
9.3 Promotional vouchers can only be redeemed prior to the completion of the ordering process. A later allocation is not possible.
9.4 Several promotional vouchers may be redeemed in one order.
9.5 The value of goods has to be at least the value of the promotional voucher. The Seller will not refund a balance.
9.6 If the value of the promotional voucher is not sufficient to cover the total order value, another method of payment offered by the Seller can be selected to cover the balance.
9.7 The balance of a promotional voucher will not be paid out in cash and is not interest-bearing.
9.8 The promotional voucher will not be refunded if the Customer uses his statutory right of withdrawal to return goods that have been paid for in part or full with the promotional voucher.
9.9 The voucher is transferable. The Seller may accept the voucher with discharging effect if the respective owner of that voucher wants to redeem it on the Sellers online shop. This does not apply, if the Seller has knowledge or grossly negligent ignorance of the respective owners non-entitlement, legal incapacity or missing authorization.
10) Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Sellers place of business shall be the solely place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Sellers place of business shall be the solely place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Clients professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.
12) Online Dispute Resolution
12.1 The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr
12.2 The Seller is neither obliged nor willing to participate in dispute settlement proceedings before a dispute resolution body.
* including VAT and excluding shipment costs
1Valid for delivery to Germany with standard shipping. Express shipment will be delivered in 1 working day(s) to Germany. You will find delivery times for other countries and information about delivery times here