Terms of service

Table of Contents

  1. Scope of application

  2. Conclusion of the contract

  3. Right of cancellation

  4. Prices and payment conditions

  5. Delivery and shipping conditions

  6. Retention of title

  7. Liability for defects (Warranty)

  8. Liability

  9. Applicable law

  10. Jurisdiction

  11. Code of conduct

  12. Alternative dispute resolution

1) Scope of application 1.1 These General Terms and Conditions (hereinafter "GTC") of Mattioli & Waldschmidt GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or an entrepreneur (hereinafter "Customer") with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own conditions is hereby rejected, unless otherwise agreed. 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 related to their independent professional activity. 1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of the contract 2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to allow the Customer to submit a binding offer. 2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. By clicking the button that concludes the ordering process, after having placed the selected goods in the virtual shopping cart and completed the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods in the shopping cart. Furthermore, the Customer can also submit the offer to the Seller by email, fax, online contact form, or by post. 2.3 The Seller can 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 email), whereby the receipt of the order confirmation by the Customer is decisive, or

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

  • requesting payment from the Customer after the order has been placed. If several of the aforementioned alternatives occur, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed a rejection of the offer with the result that the Customer is no longer bound by their declaration of intent. 2.4 If a payment method offered by PayPal is selected, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg, subject to the PayPal Terms of Use. By selecting a PayPal payment method during the checkout process, the Seller declares acceptance of the Customer's offer at the moment the Customer clicks the button concluding the order process. 2.5 If "Amazon Payments" is selected, the payment processing is carried out via Amazon Payments Europe s.c.a., Luxembourg. By clicking the button to complete the order, the Customer issues a payment order to Amazon. In this case, the Seller declares acceptance of the Customer's offer the moment the Customer initiates the payment. 2.6 When ordering via the online form, the text of the contract is saved by the Seller and sent to the Customer in text form (e.g. email) after the order has been dispatched. The text is not made accessible beyond this. If the Customer has a user account, the order data is archived on the website and can be accessed via the password-protected account. 2.7 Before bindingly submitting the order, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. 2.8 Various languages are available for the conclusion of the contract, as indicated in the online shop. 2.9 Order processing typically occurs automatically via email. The Customer must ensure the provided email address is correct and capable of receiving emails from the Seller. 2.10 When ordering alcoholic beverages, the Customer confirms by submitting the order that they have reached the legally required minimum age. The Seller ensures this via an age verification system. Goods are only handed over after a successful age check and authentication of the Customer upon delivery.

3) Right of cancellation 3.1 Consumers generally have a right of cancellation. 3.2 Further information can be found in the Seller's Cancellation Policy. 3.3 The right of cancellation does not apply to consumers who do not belong to a member state of the EU at the time of contract conclusion and whose sole residence and delivery address are outside the EU.

4) Prices and payment conditions 4.1 Unless stated otherwise in the product description, the prices indicated are total prices which include statutory value-added tax (VAT). Any additional delivery and shipping costs are specified separately. 4.2 For deliveries to countries outside the EU, additional costs for which the Seller is not responsible may apply (e.g. bank transfer fees, exchange rates, customs duties, taxes), which are to be borne by the Customer. 4.3 Payment options are communicated to the Customer in the online shop. 4.4 If a method via "Shopify Payments" is chosen, payment is processed by Shopify International Limited, Ireland. Shopify may use further third-party payment services. Further details are provided in the online shop.

5) Delivery and shipping conditions 5.1 Delivery takes place within the specified delivery area to the delivery address specified by the Customer. The address specified in the order processing is decisive. An exception applies if PayPal is used: the delivery address stored with PayPal at the time of payment is decisive. 5.2 If delivery fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred. This does not apply to the outbound shipping costs if the Customer effectively exercises their right of cancellation. 5.3 If the Customer is acting as an entrepreneur, the risk of accidental loss and deterioration passes to the Customer upon handover to the carrier. If acting as a consumer, the risk passes only upon handover of the goods to the Customer. 5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply by suppliers, provided the Seller is not responsible for the non-delivery. In the event of unavailability, the Customer will be informed immediately and reimbursed. 5.5 Self-collection is not possible for logistical reasons.

6) Retention of title The Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (Warranty) Statutory warranty provisions apply, with the following exceptions for contracts involving the delivery of goods: 7.1 If the Customer acts as an entrepreneur:

  • the Seller has the choice of the type of supplementary performance;

  • the limitation period for new goods is one year from delivery;

  • rights due to defects are excluded for used goods;

  • the limitation period does not restart in the case of a replacement delivery. 7.2 These limitations do not apply to claims for damages, if the Seller fraudulently concealed a defect, or for updates to digital products. 7.4 Merchants (under § 1 of the German Commercial Code - HGB) are obliged to inspect the goods and give notice of defects immediately, otherwise the goods are deemed approved. 7.5 Consumers are asked to report obvious transport damage to the deliverer and inform the Seller. Failure to do so does not affect statutory warranty claims.

8) Liability The Seller is liable for damages as follows: 8.1 Unlimited liability applies in cases of intent or gross negligence, injury to life, body or health, guarantees, and mandatory liability (e.g. Product Liability Act). 8.2 In the event of a slightly negligent breach of essential contractual obligations, liability is limited to typical, foreseeable damages. 8.3 These limitations also apply to the Seller's legal representatives and vicarious agents.

9) Applicable law 9.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn. 9.2 This choice of law regarding the right of cancellation does not apply to consumers outside the EU.

10) Jurisdiction If the Customer is a merchant, a legal entity under public law, or a special fund under public law based in Germany, the exclusive place of jurisdiction is the Seller's registered office. The same applies if the Customer is based outside Germany but the contract is part of their commercial activity. The Seller is also entitled to sue at the Customer's court.

11) Code of conduct The Seller has submitted to the conditions for the e-commerce initiative "Fairness im Handel", visible at https://www.fairness-im-handel.de/teilnahmebedingungen/.

12) Alternative dispute resolution The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.