Terms and conditions

§ 1 Scope

(1) These general terms and conditions apply to all contracts that consumers within the meaning of Section 13 German Civil Code conclude with us via our online shop, in the version valid at the time of the order.

(2) The online shop is aimed exclusively at consumers. We supply businesses, in particular hospitality and retail, outside the online shop on separate terms.

(3) Deviating terms of the customer apply only if we expressly agree to them.

§ 2 Contracting party and customer service

(1) Your contracting party is Mecanova UG (haftungsbeschränkt), Erismannstraße 4b, 79206 Breisach am Rhein, registered in the commercial register under HRB 733201, Amtsgericht Freiburg i. Br., VAT ID DE346601919.

(2) Please send questions, complaints and claims to our customer service: by email to info@mecanova.de or by phone at +49 151 57757317.

§ 3 Conclusion of contract

(1) The presentation of products in the online shop is not a legally binding offer but an invitation to order.

(2) You place products in the cart and reach the ordering process of our checkout, which is provided by Shopify, via the “Checkout” button. There you enter your contact and delivery details and choose the payment method. Before submitting, you see all details again in an overview and can correct input errors with the usual keyboard and mouse functions. By clicking the order button you submit a binding offer to purchase the goods in the cart.

(3) Immediately after submitting you receive an order confirmation by email. With this order confirmation we accept your offer and the contract of sale is concluded.

(4) The language of the contract is German. The English and Spanish versions of these terms are for information only.

(5) We store the contract text. We send you the order details, these terms and the withdrawal information by email. You can also access, print and save these terms on this page at any time.

§ 4 Prices, shipping costs and delivery

(1) All prices are final prices in euros including statutory VAT. For every product we also state the base price per litre.

(2) We deliver only within Germany. Because of the age check on delivery, we cannot deliver to Packstations, post offices or parcel shops.

(3) Shipping is free for orders of €150.00 or more. Below that we charge a flat shipping fee of €4.90 per order. You see the shipping costs in the cart and in the ordering process before you submit the order.

(4) We ship with DHL. Delivery takes 2–3 working days from conclusion of the contract.

§ 5 Payment

(1) You pay with one of the payment methods we offer in the ordering process. An overview is on our “Payment methods” page.

(2) The purchase price is due upon conclusion of the contract.

§ 6 Retention of title

The goods remain our property until paid for in full.

§ 7 Protection of minors and age check

(1) We sell spirits exclusively to persons aged 18 or over. By ordering you confirm that you are of legal age.

(2) We deliver only with an age check: the courier hands over the parcel only to you or another adult after checking their age against an identity document.

(3) If the parcel cannot be delivered because no adult accepts it, it is returned to us. We will then contact you and arrange a new delivery. If delivery is not possible, we may withdraw from the contract; we will refund any payments already made without undue delay.

§ 8 Transport damage

(1) The risk of accidental loss and accidental deterioration of the goods passes to you only upon handover to you.

(2) If a parcel arrives damaged, please contact us at info@mecanova.de, if possible within 48 hours of delivery, and send us photos (outside of the shipping box, parcel label with tracking number, padding, goods in the box). This lets us report the damage to the carrier and send you a replacement quickly.

(3) This is a request, not a deadline. If you contact us later or without photos, this has no effect on your statutory rights, in particular your rights in respect of defects.

§ 9 Statutory liability for defects (legal guarantee)

(1) The statutory liability for defects applies. We are liable for the goods being free from defects on handover. Your claims for defects become time-barred two years after delivery. If a defect becomes apparent within one year of delivery, it is presumed to have existed at delivery.

(2) If the goods are defective, you can first demand subsequent performance, i.e. at your choice the delivery of goods free from defects or the remedy of the defect. If subsequent performance fails or is not possible, you can reduce the purchase price or withdraw from the contract and, subject to the statutory requirements, claim damages.

(3) We additionally inform you of your statutory guarantee rights with the harmonised notice of the European Union. More information is available at https://europa.eu/youreurope/guarantees

Legal guarantee

§ 10 Liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent that we have given a guarantee.

(2) In the event of a slightly negligent breach of an obligation whose fulfilment is essential for the proper performance of the contract and on whose observance you may regularly rely (cardinal obligation), our liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded.

(3) Your rights in respect of defects of the goods under § 9 remain unaffected unless they concern damages.

§ 11 Right of withdrawal

As a consumer you have a statutory right of withdrawal. For a sealed bottle it expires early if the seal was removed after delivery. Details are set out in the withdrawal information. You can also declare your withdrawal using the “Withdraw from contract” button at the bottom of every page.

§ 12 Dispute resolution

We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

§ 13 Applicable law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. This choice of law applies only insofar as it does not deprive you of the protection afforded to you by the mandatory provisions of the law of the state in which you have your habitual residence.