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Terms & Conditions


Standard Business Terms and customer information


I. Standard business terms



§ 1 Basic provisions



(1) The
following business terms are applicable to all the contracts, which you
conclude with us as a supplier (RUEVERTE GmbH) via the absinthes.com
website. Unless otherwise agreed upon, the inclusion, if necessary, of
your own conditions is ruled out.




(2)  A
‘consumer’ in the sense of the following regulations is every natural
person who concludes a legal transaction which, to an overwhelming
extent, cannot be attributed to either his commercial or independent
professional activities. The term ‘businessman’ refers to every natural
person, legal person or legally responsible partnership that concludes a
legal transaction in pursuance of his/its independent professional or
commercial activity.




§ 2 Conclusion of the contract



(1) The subject-matter of the contract is the selling of products.



(2) Our offers on the website are non-binding and are not a binding offer to conclude a contract.



(3) You can use the online shopping cart system to place a binding offer of purchase (order).

Here, the goods meant for purchase
are stored in the ‘Shopping cart’. You can use the respective button in
the navigation bar to call up the “shopping cart” and make changes at
any time. After the ‘check-out’ page has been called up and the
respective personal data and payment and shipping conditions have been
entered, all the order data is displayed again on the order overview
page.
Before the order is sent, you
can re-check all the data, change it (which can also be done via the
internet browser’s ‘back’ function) or cancel the purchase transaction.


When the order is placed using the “Place
order in conjunction with a liability to pay” button, you are considered
to have made a binding offer to us.






(4) The
acceptance of the offer (and with it, the conclusion of the contract)
takes place immediately after placing the order via a textual
confirmation (e.g. email), in which you receive confirmation (order
acknowledgement) regarding the execution of the order or the delivery of
the products in question.


If you have not received any corresponding
message within this deadline, you are no longer considered to be bound
to your order. Under such circumstances, any services that have already
been provided are restored without undue delay.




(5) You
are not bound by your enquiries regarding the creation of an offer that
have been conveyed to us. We supply you with a textual and binding
offer (e.g. via e-mail), which you can accept within a period of 5 days.




(6) The
execution of the order and the sending of all the details necessitated
by the conclusion of the contract take place via e-mail, in a
partially-automated manner. Consequently, you have to ensure that the
e-mail address that you have deposited with us is the correct one, and
that the receipt of the respective e-mails is guaranteed. In particular,
you have to ensure that the respective e-mails are not blocked by a
SPAM filter.




§ 3 Right of retention, reservation of proprietary rights



(1) You
can only exercise a right of retention if the situation in question
involves claims arising from the same contractual relationship.




(2) The goods remain our property until the purchase price is paid in full.



(3) If you are a businessman, the following conditions also apply:



a) We retain ownership of the goods until all the claims arising from
the ongoing business relationship have been settled in full. The goods
subject to retention of title may not be pledged or transferred by way
of security before ownership of the said goods changes hands.



b) You can re-sell the goods within the framework of an orderly
transaction. In this regard, you hereby cede all the claims amounting to
the magnitude of the billing amount that accrue to you as a result of
the re-selling operation to us, and we accept the cession. Furthermore,
you are authorised to collect the claim in question. However, insofar as
you do not discharge your payment obligations in an orderly fashion, we
reserve the right to collect the claim ourselves.



c) In a situation involving the combination and amalgamation of the
goods subject to retention of title, we acquire co-ownership of the
newly-formed item. This co-ownership corresponds to the ratio that
exists between the invoice value of the goods subject to retention of
title and the other processed items at the time of processing.



d) If you make a request of this nature, we shall be obligated to
release the securities that are due to us, to the extent that the
realisable value of our securities exceeds the claim to be secured by
more than 10%. We are responsible for selecting the securities to be
released.




§ 4 Warranty



(1) The statutory warranty rights are applicable.



(2) If you are a businessman, the following shall apply, despite the contents of paragraph 1:



a) It is understood that the details provided by us and
the product description provided by the manufacturer are the only
things that represent the properties and condition of the product in
question. Other advertisements, blurbs and statements issued by the
manufacturer are not considered to be representative of the properties
and condition of the said product.



b) You undertake to promptly examine the goods and
pay necessary attention to quality and quantity variances and to notify
us in writing (via E-mail, for example) of apparent defects within
seven days of receipt; timely dispatch will be sufficient for observing
the deadline. This also applies to hidden defects that are detected
at a later stage (from the time of discovery onwards). Warranty claims
cannot be raised if the obligation to inspect and the obligation to give
notice of defects are not fulfilled.



c) In case of defects, we provide guarantee through
repair or replacement at our own discretion. If the defect is not
removed, you can demand a reduction in the price or withdraw from the
contract at your discretion. The defect removal is applicable after a
failed second attempt, unless the circumstances prove otherwise, in
particular due to the nature of the object and/or defect or other
conditions. In case of repair, we must not bear the additional costs,
which arise from the transfer of the item to a place other than the
place of fulfilment, as far as the transfer does not correspond to the
intended use of the item.



d) The warranty period amounts to a period of one year
after delivery of the product. The shortened warranty period does not
apply in situations involving culpably caused damages that can be
attributed to us and which are associated with loss of life, injuries or
health-related damages. Furthermore, it does not apply in situations
involving damages suffered as a result of gross negligence or malicious
intent, or in situations involving deceit or contribution claims as per
§§ 478 and 479 of the BGB (German Civil Code).




§ 5 Liability



(1) We
also provide unlimited liability for damage caused due to the violation
of life, limb or health. Furthermore, we provide liability without
limitation in all cases of intent and gross negligence, if a defect is
fraudulently concealed, in case of assumption of guarantee for the
procurement of the object of purchase and in all other legally regulated
cases.




(2) The
liability of defects within the scope of the implied warranty complies
with the corresponding regulation in our customer information (Part II)
 and General Terms and Conditions (Part I).



(3) If
the situation in question relates to important contractual obligations
and involves minor negligence, our liability is limited to the
foreseeable damages that are typical for the contract. The term
‘important contractual obligations’ refers to important obligations that
follow from the nature of the contract and whose violation would
jeopardise the fulfilment of the purpose of the contract. It also covers
obligations that the contents of the contract impose on us in order to
facilitate the fulfilment of the purpose of the contract and whose
fulfilment makes it possible for the contract to be executed in an
orderly manner, and compliance with which may regularly be taken for
granted by you.




(4) When
it comes to the violation of inessential contractual obligations, no
liability shall be assumed if the situation in question involves
violations of obligations associated with light negligence.




(5) The
current state of the respective technology makes it impossible to
guarantee that data transmission operations that use the internet will
take place in an error-free manner characterised by permanent
availability. In this respect, we cannot vouch for the constant and
uninterrupted availability of the website and the service offered on the
website.




§ 6 Choice of law, place of fulfilment, jurisdiction



(1) German
law shall apply. This choice of law only applies to customers if it
does not result in the revocation of the protection guaranteed by the
mandatory provisions of the law of the country in which the respective
customer’s usual place of residence is located (benefit-of-the-doubt
principle).




(2) If
you are not a consumer, but a businessman, a legal entity under public
law or an institutional fund governed by public law, our place of
business is the place of jurisdiction as well as the place of fulfilment
for all services that follow from the business relationships that exist
with us. The same condition applies to situations in which you are not
associated with a general place of jurisdiction in Germany or the EU, as
well as situations in which the place of residence or the usual place
of residence is not known at the time of commencement of proceedings.
This has no bearing on the capacity to call upon the court associated
with another place of jurisdiction.




(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.



§ 7 Protection of minors



(1) For
the sale of goods, that are subject to the regulations of child welfare
protection law, we only deal with contractual relationships with
customers who have reached the legally prescribed minimum age.

Any age restrictions are referred to in the respective item descriptions.




(2) By
submitting your order, you assure that you have reached the legally
prescribed minimum age and that your details as regards your name and
your address are correct. You are under obligation to ensure that only
you or other persons authorised by you to accept the delivery, who have
reached the legally prescribed minimum age, can take delivery of the
goods.




(3) As
long as we are under obligation by the legal provisions to carry out an
age verification, we instruct the logistics service provider
commissioned with the delivery to hand over the delivery only to persons
who have reached the legally prescribed minimum age, and in case of
doubt, to request for the identity card of the person accepting the
product for the purpose of age verification.




(4) As
far as we show, beyond the legally prescribed minimum age in the
respective item description, that you must have completed 18 years of
age to be able to purchase the item, the aforementioned sections 1-3 are
applicable providing that instead of the legally prescribed minimum
age, the legal age must be reached.






_______________________________________________________________________________________





II. Customer information



1. Identity of the seller



RUEVERTE GmbH

Herrgasse 3

79294 Sölden

Deutschland

Telephone: 076121774303

E-Mail: kontakt@rueverte.com








The European Commission provides a
platform for the out-of-court resolution of disputes (ODR platform),
which can be viewed under http://ec.europa.eu/odr.




2. Information regarding the conclusion of the contract



The technical steps associated with the
conclusion of the contract, the contract conclusion itself and the
correction options are executed in accordance with § 2 of our standard
business terms (part I.).




3. Contractual language, saving the text of the contract



3.1 Contract language shall be English.



3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the
contract data can be printed out or electronically saved using the
browser’s print function. After the order is received by us, the order
data, the legally-mandated details related to distance selling contracts
and the standard business terms are re-sent to you via e-mail.




3.3 You
will be sent all contractual information within the framework of a
binding offer in written form, via E-mail for example, for quotation
requests outside of the online shopping basket system, which can be
printed out or saved electronically in a secure manner.




4. Codes of conduct



4.1 We are voluntarily subject to the Käufersiegel quality criteria of Händlerbund Management AG which can be viewed at: http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and, in connection with that, the Ecommerce Europe Trustmark Code of Conduct http://www.ecommercetrustmark.eu/the-code-of-conduct/.



5. Main features of the product or service



The key features of the goods and/or services can be found in the respective quote.



6. Prices and payment arrangements



6.1 The
prices mentioned in the respective offers represent total prices, as do
the shipping costs. They include all the price components, including
all the incidental taxes.




6.2 The
dispatch costs that are incurred are not included in the purchase
price. They can be viewed by clicking the appropriate button on our
website or in the respective quote, are shown separately over the
course of the order transaction and must additionally be borne by you,
insofar as free delivery is not confirmed.




6.3 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.



6.4 Unless
otherwise specified for the respective payment methods, the payment
claims arising from the contract that has been concluded become payable
immediately.




7. Delivery conditions



7.1 The
delivery conditions, delivery date and existing supply restrictions, if
applicable, can be found by clicking the appropriate button on our
website or in the respective quote.




7.2 If
you are a consumer, the following is statutorily regulated: The risk of
the sold item accidentally being destroyed or degraded during shipping
only passes over to you when the item in question is delivered,
regardless of whether or not the shipping operation is insured. This
condition does not apply if you have independently commissioned a
transport company that has not been specified by us or a person who has
otherwise been appointed to execute the shipping operation.




If you are a businessman, the delivery and shipping operations take place at your own risk.



8. Statutory warranty right



8.1 The liability for defects associated with our goods is geared towards the ‘Warranty’ provision in our standard business terms (part I).



8.2 As
a user, you are requested to promptly check the product for
completeness, visible defects and transport damage as soon as it is
delivered, and promptly disclose your complaints to us and the shipping
company in writing.Even if you do not comply with this request, it shall
have no effect on your legal warranty claims.




These SBTs and customer details were
created by the lawyers specialising in IT law who work for the
Händlerbund, and are constantly checked for legal conformity.
Händlerbund Management AG guarantees the legal security of the texts and
assumes liability in case warnings are issued. More detailed
information can be found on the following website:
http://www.haendlerbund.de/agb-service.