AGB

In the following, CSG Imports UG is named with its brand names “My-Tequila” used on this website & web store.

1. General, Scope of the General Terms and Conditions

All deliveries and services of My-Tequila are exclusively based on the following General Terms and Conditions in the version valid at the time of the order. Unless expressly agreed in writing, deviating terms and conditions shall not apply.
Customers in the sense of these terms and conditions are both consumers and entrepreneurs. Consumers according to § 13 BGB (German Civil Code) in the sense of the terms and conditions are natural persons who conclude contracts for a purpose that can predominantly neither be attributed to their commercial nor their professional activity. Entrepreneurs according to § 14 paragraph 1 BGB in the sense of the terms and conditions are natural or legal persons or partnerships with legal capacity, who act at the time of conclusion of the contract with My-Tequila in the exercise of their commercial or independent professional activity.

2. Conclusion of the contract, formation of the contract

The contract is concluded upon completion of the order process.

The ordering process includes the following steps:
Select one or more products and place them in the shopping cart. In this basket, corrections can also be made if necessary.
The payment process can be initiated in the shopping cart.
Depending on the payment options selected, address details for the invoice and delivery address are requested below or taken from other systems.

By clicking the button “buy now” you place a binding order for the items in the shopping cart. We will confirm the receipt of your order by email after sending the order. A binding contract is concluded upon receipt of the order confirmation.
For orders in our online store, the contract is concluded with: CSG Imports UG, Bogenstr. 17, D-71634 Ludwigsburg Phone: 0049 (0) 151 212 78967 Email: info@my-tequila.de, Ust.-IDNr: DE339014977

The distribution of products containing spirits (spirits, also: mixed drinks containing spirits and tobacco products) to children and young people under the age of 18 is prohibited. Nor may their consumption be permitted to those under 18 years of age. Other alcoholic products (beer, wine, sparkling wine, also: mixed drinks containing spirits and tobacco products) may not be supplied to children and young people under the age of 16. By sending your order to us, you assure us that you are of legal age. If minors make legal transactions without the required consent of the legal representative, these are according to § 108 I BGB Civil Code pending invalid. Offers regarding the conclusion of a contract by minors will be rejected by us immediately.

3. Applicable law

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 to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

4. Delivery and shipping conditions

The delivery of goods is made by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.
If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. In the event of an effective exercise of the right of revocation by the customer, the provision made in the seller’s revocation instructions shall apply to the return costs. Furthermore, the customer has to bear the return costs himself.
The seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. If the buyer is acting as a consumer, this shall only apply in the event that the seller is not responsible for the non-delivery and the seller has, with due diligence, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.

5. Terms of payment

Payment shall be made via PayPal. If the customer selects “PayPal” as a payment method during the online ordering process, he also issues a payment order to PayPal by clicking on the button that concludes the ordering process.

6. Right of revocation

Consumers are generally entitled to a right of withdrawal.
Further information on the right of withdrawal can be found in the withdrawal policy of My-Tequila.

7. Reservation of proprietary rights

The goods remain our property until full payment.
If the seller makes an advance payment, he retains ownership of the delivered goods until full payment of the purchase price owed.
For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we accept this assignment. You shall remain authorized to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations.

8. Transport damages

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
The following shall apply to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice of defects as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.x

9. Warranty

Unless otherwise expressly agreed below, the statutory liability for defects shall apply.
For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. This shall not apply in the event of liability due to intent. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
With respect to entrepreneurs, only our own specifications and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we shall provide a warranty to entrepreneurs either by remedying the defect (rectification) or by delivering an item free of defects (replacement). In both cases (repair and replacement) § 439 BGB applies.
The above restrictions and shortening of time limits shall not apply to claims based on damages caused by us, our legal representatives or vicarious agents
– in case of injury to life, body or health
– in case of intentional or grossly negligent breach of duty as well as fraudulent intent
– in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)
– within the scope of a guarantee promise, as far as agreed upon
– insofar as the scope of application of the Product Liability Act is opened.

10. Liability

The statutory liability for defects shall apply.

11. Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.

12. Protection of minors

If your order includes goods whose sale is subject to age restrictions, we ensure that the customer has reached the required minimum age by using a reliable procedure including a personal identity and age check. The delivery person will hand over the goods only after the age check has been carried out and only to the customer personally.

 

13. Legal order, place of jurisdiction

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
In the case of customers who conclude the contract for a purpose that can predominantly be attributed neither to professional nor commercial activity ( consumer ), this choice of law shall apply only to the extent that it does not deprive the customer of the right to claim damages under mandatory provisions of the law of the country in which he has his habitual residence.
For all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be the registered office of CSG Imports UG in 71634 Ludwigsburg.

14. Miscellaneous

The contract language is English.

15. Further customer information

The essential characteristics of the goods offered by us can be found in the product descriptions in our online offer.

Severability clause

If individual provisions of these terms and conditions are wholly or partially invalid, the rest of the terms and conditions remain effective.