Terms of service

GENERAL TERMS AND CONDITIONS

1. Supplier, Scope and Contracting Party

1.1 The supplier and contracting party is:

OAKBARRELS.SHOP
Owner: Mirko Rudnik
An der Steinkaute 19
63225 Langen
Germany
Email: shop@oakbarrels.shop
Telephone: +49 6103 2702275

– hereinafter referred to as “OAKBARRELS.SHOP”.

1.2 These General Terms and Conditions (“Terms and Conditions”) apply to all offers, deliveries and services provided by OAKBARRELS.SHOP to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law (hereinafter collectively referred to as the “Customer”). Contracts are not concluded with consumers.

1.3 By placing an order, the Customer confirms that it is acting in the course of its commercial or independent professional activity. OAKBARRELS.SHOP is entitled to request suitable evidence of the Customer’s business status and to reject or cancel orders if such status is not demonstrated.

1.4 These Terms and Conditions also apply to future business relationships with the same Customer, provided that they are validly incorporated into the respective contract.

1.5 Any deviating, conflicting or supplementary terms and conditions of the Customer shall only become part of the contract if OAKBARRELS.SHOP has expressly agreed to their application in text form. This requirement for consent also applies if OAKBARRELS.SHOP performs a delivery without reservation while being aware of the Customer’s terms and conditions.

1.6 Individual agreements with the Customer shall take precedence over these Terms and Conditions. The content of such agreements shall be determined by a written agreement or confirmation from OAKBARRELS.SHOP in text form.

2. Offers, Product Descriptions and Characteristics

2.1 The presentation of goods in the online shop does not constitute a legally binding offer but rather a non-binding invitation to the Customer to place an order. The same applies to price lists, catalogues and other product information unless expressly designated as a binding offer.

2.2 Individual quotations issued by OAKBARRELS.SHOP are subject to change and non-binding unless they are expressly designated as binding or contain an acceptance period.

2.3 Information regarding dimensions, volume, weight, age, origin, type of wood, previous contents, colour, grain, toasting, charring, aroma and other characteristics is based on the information available and the methods of assessment customary for natural products. Such information shall only constitute a guarantee or an agreed characteristic if expressly confirmed by OAKBARRELS.SHOP in text form.

2.4 Wooden barrels are handcrafted natural products. Customary variations and variations caused by the material, manufacturing process or age in colour, grain, structure, dimensions, weight, capacity and external appearance shall not constitute a defect, provided they do not materially impair the agreed use.

2.5 In the case of used, previously filled, refurbished, resized or historic barrels, signs of wear resulting from age and previous use, discolouration, residues, variations in odour and aroma, visual irregularities and professionally performed repairs form part of their typical characteristics unless expressly agreed otherwise. Product images are illustrative; the individual barrel delivered may differ from them.

2.6 Information such as “freshly emptied”, statements regarding age and details of previous contents is based on information provided to OAKBARRELS.SHOP by the respective suppliers, wineries, distilleries or cooperages. No specific sensory effect or maturation result is owed unless expressly agreed.

2.7 OAKBARRELS.SHOP reserves the right to make changes required for technical or legal reasons, provided such changes are reasonable for the Customer and do not materially impair the agreed use.

3. Orders and Conclusion of Contracts in the Online Shop

3.1 The Customer may place the selected goods in the shopping cart and review and correct its entries before submitting the order. By clicking the final order button, the Customer submits a binding offer to conclude a purchase contract for the goods contained in the shopping cart.

3.2 The order acknowledgement automatically sent after receipt of the order merely documents that the order has been received. It does not constitute acceptance of the offer and does not result in the conclusion of a contract.

3.3 OAKBARRELS.SHOP may accept the Customer’s offer within five business days following receipt of the order. Acceptance takes place through an express order acceptance in text form, the transmission of an invoice or binding payment request, notification that the goods are ready for dispatch or delivery of the goods. The event occurring first shall be decisive.

3.4 If the shipping or freight costs for the country of delivery or the specific order cannot be conclusively calculated in the online shop, the submitted order shall initially be treated as a non-binding enquiry in this respect. OAKBARRELS.SHOP will provide the Customer with the outstanding costs and, where applicable, an amended delivery term in an individual quotation. In this case, a contract shall only be concluded when the Customer accepts this quotation or receives an order acceptance or invoice from OAKBARRELS.SHOP on this basis.

3.5 If an order cannot be accepted or can only be accepted in part, OAKBARRELS.SHOP will inform the Customer. Any payments already made without legal grounds will be refunded without undue delay.

3.6 For individually configured, specially procured, manufactured, engraved, branded, refurbished or otherwise customised goods, the specifications confirmed in the order acceptance shall apply. Any changes requested after conclusion of the contract require the consent of OAKBARRELS.SHOP. The Customer shall bear any resulting additional costs and changes to delivery times, provided the Customer has agreed to the change in advance.

4. Prices, Taxes and Shipping Costs

4.1 All prices stated in the online shop are net prices in euros and are exclusive of the applicable statutory value-added tax, where payable.

4.2 Packaging, shipping, freight and any other agreed costs stated during the ordering process, in the individual quotation or in the order acceptance shall be charged additionally.

4.3 Deliveries to other countries may incur import duties, customs duties, import VAT, excise duties, import clearance fees, customs broker fees or other public charges. Unless otherwise stipulated by an expressly agreed delivery term, these costs shall be borne by the Customer. They are not charged by OAKBARRELS.SHOP and are not included in the purchase price.

4.4 A VAT-exempt intra-Community supply or export supply requires that the applicable statutory requirements are met and that the Customer provides OAKBARRELS.SHOP with all necessary, accurate and complete information and supporting documentation in good time. This includes, in particular, a valid VAT identification number and any required evidence of export, transport and receipt. If the applicable requirements are not met or the required evidence is not provided, OAKBARRELS.SHOP is entitled to subsequently charge the VAT payable by law.

4.5 Obvious typographical, printing, transmission or calculation errors in product descriptions, quotations or order documents entitle OAKBARRELS.SHOP to make corrections before the contract is concluded. After conclusion of the contract, the statutory provisions governing mistakes and rescission shall apply.

5. Payment

5.1 Payment shall generally be made in full and in advance by bank transfer to the account specified in the invoice. The invoice amount is due immediately upon receipt of the invoice without deduction unless a different payment term is specified in the order acceptance or invoice.

5.2 OAKBARRELS.SHOP shall generally only commence procurement, production, refurbishment, customised processing or dispatch after the amount owed has been received in full and without reservation. Subject to Clause 6.2, any stated delivery or production periods therefore only begin upon receipt of payment in full.

5.3 Deviating payment terms, in particular payment after delivery, shall only apply if expressly confirmed by OAKBARRELS.SHOP to the Customer in text form.

5.4 The Customer shall bear all bank charges, transfer fees, currency conversion costs and other payment-related costs incurred by the Customer or its payment service providers. The full invoice amount must be credited to OAKBARRELS.SHOP.

5.5 In the event of late payment, the statutory provisions shall apply. In particular, OAKBARRELS.SHOP is entitled to charge default interest and the statutory fixed late-payment fee and, following the unsuccessful expiry of a reasonable grace period, to withdraw from the contract and claim further damages.

5.6 If the Customer defaults on a payment that is due or if justified doubts concerning its ability to pay arise after conclusion of the contract, OAKBARRELS.SHOP may withhold outstanding deliveries until payment is made or reasonable security is provided. Further statutory rights remain unaffected.

5.7 The Customer may only set off claims that are undisputed or have been finally determined by a court. The Customer may only exercise a right of retention where it arises from the same contractual relationship.

6. Delivery Times and Partial Deliveries

6.1 Information concerning production, availability, dispatch or delivery times constitutes non-binding estimates unless OAKBARRELS.SHOP has expressly confirmed a date as a binding fixed date in text form.

6.2 A delivery period shall not begin until:

- the contract has been concluded;
- the full invoice amount has been received, where advance payment has been agreed;
- all technical, commercial and logistical matters have been clarified; and
- the Customer has provided all required information, documents, approvals and assistance in full.

6.3 Agreed delivery periods shall be extended by a reasonable period if the Customer delays in providing the required assistance or requests subsequent changes.

6.4 OAKBARRELS.SHOP is entitled to make reasonable partial deliveries, provided that the partial delivery can be used by the Customer for the contractually intended purpose, delivery of the remaining goods remains assured and the Customer does not incur significant additional costs as a result, unless OAKBARRELS.SHOP agrees to bear such additional costs.

6.5 Compliance with a delivery obligation is subject to OAKBARRELS.SHOP receiving correct and timely supplies from its own suppliers, provided that OAKBARRELS.SHOP has concluded a corresponding procurement transaction and is not responsible for the failure or delay of such supply. OAKBARRELS.SHOP shall inform the Customer without undue delay if the goods are unavailable. If performance remains permanently unavailable, OAKBARRELS.SHOP may withdraw from the contract; any payments already made will be refunded without undue delay.

6.6 A fixed-date commercial transaction within the meaning of Section 376 of the German Commercial Code (HGB), or any other transaction in which timely performance is an absolute condition, shall only exist if expressly confirmed by OAKBARRELS.SHOP in text form.

7. Dispatch, Delivery and Transfer of Risk

7.1 Delivery shall be made to the delivery address specified in the order acceptance. The Customer is responsible for ensuring that the delivery address is complete and accurate and that access and unloading are possible for the means of transport used.

7.2 Where an Incoterms® rule is expressly agreed in the order acceptance, invoice or an individual quotation, the International Chamber of Commerce’s Incoterms® 2020 rules shall apply. The named place shall be specified in the contractual documents.

7.3 Where delivery is expressly agreed as “DAP [named place of destination], Incoterms® 2020”, OAKBARRELS.SHOP shall place the goods at the Customer’s disposal at the named place of destination on the arriving means of transport, ready for unloading. Unloading, import clearance and the associated import duties, taxes, official fees, customs broker fees and other local import requirements shall be the responsibility of the Customer. The Customer must provide all registrations, licences, powers of attorney, information and documents required for import and delivery in good time.

7.4 If no Incoterms® rule has been agreed and, at the Customer’s request, the goods are dispatched to a location other than the place of performance, the risk of accidental loss and accidental deterioration shall pass to the Customer when the goods are handed over to the freight forwarder, carrier or other person appointed to carry out the shipment. Section 447 BGB shall apply accordingly.

7.5 Palletised deliveries and deliveries by freight forwarder shall generally take place from Monday to Friday between 9:00 a.m. and 5:00 p.m. A specific delivery time or delivery window requires separate confirmation. The Customer shall ensure that a person authorised to accept delivery is present and that suitable and safe unloading facilities and, where necessary, the required material-handling equipment are available.

7.6 If delivery fails for a reason attributable to the Customer, in particular due to absence, incorrect or incomplete address information, inadequate access or unloading facilities, failure to meet import requirements or refusal to accept delivery, the Customer shall bear the reasonable additional costs actually incurred as a result. These may include return transport, interim storage, rescheduling, redelivery and additional administrative expenses. OAKBARRELS.SHOP shall provide evidence of these costs upon request.

7.7 The Customer may not refuse to accept a delivery due to insignificant defects or reasonable partial deliveries.

8. Acceptance, Inspection and Notification of Defects

8.1 Where the purchase constitutes a commercial transaction for both parties, the inspection and notification obligations under Section 377 HGB shall apply. The Customer must inspect the goods without undue delay following delivery and notify OAKBARRELS.SHOP of any apparent defects without undue delay in text form. Hidden defects must be reported in text form without undue delay following their discovery.

8.2 Irrespective of Clause 8.1, the Customer should record any externally visible transport damage, shortages or incorrect deliveries on the freight documents upon delivery, have these confirmed by the carrier and document them with meaningful photographs. Failure to provide such documentation shall not affect the Customer’s statutory rights in respect of defects but may make it more difficult to provide evidence.

8.3 A notification of defects should include the order or invoice number, the identification of the affected barrel, a specific description of the defect and meaningful photographs or videos. OAKBARRELS.SHOP must be given the opportunity to inspect the alleged defect itself or through an appointed representative.

8.4 Before the inspection has been completed, the Customer may not alter, repair, refurbish, clean or further process the goods concerned without the prior consent of OAKBARRELS.SHOP, unless such measures are strictly necessary to mitigate damage or comply with the agreed preparation and usage instructions. If, as a result of action taken by the Customer, it can no longer be established whether the defect already existed at the time risk passed, the Customer shall bear any resulting disadvantages concerning the burden of proof.

9. Preparation, Storage and Use of Barrels

9.1 The Customer is required to observe the instructions provided for the preparation, storage, filling and use of the respective type of barrel. As new, used, previously filled, resized and historic barrels may require different treatment, the relevant product-specific instructions shall apply.

9.2 The Customer must inspect the goods without undue delay upon receipt and store them properly. In particular, barrels must be protected against drying out, frost, heat, direct sunlight, draughts, contamination and foreign odours and must be prepared and filled within the period recommended for the respective type of barrel.

9.3 The Customer is responsible for determining whether the respective barrel and the chosen previous contents, type of wood, toasting or charring are suitable for its specific product and manufacturing process and comply with the food safety, excise duty, labelling and other public-law requirements applicable at the place of use. Technical advice provided by OAKBARRELS.SHOP does not release the Customer from its obligation to carry out its own assessment.

9.4 The Customer shall have no claims in respect of defects where damage or impairment is attributable to improper storage, delayed filling, failure to follow the instructions provided, unsuitable cleaning or disinfecting agents, chlorinated water, improper repairs, natural drying following the transfer of risk or any other treatment by the Customer or third parties that does not comply with the contract.

10. Rights in the Event of Defects

10.1 Where a material defect existed at the time risk passed, OAKBARRELS.SHOP is entitled, at its discretion, to remedy the defect or provide a replacement. OAKBARRELS.SHOP shall bear the expenses required for subsequent performance in accordance with the statutory provisions. The Customer must make the affected goods available for inspection and subsequent performance.

10.2 OAKBARRELS.SHOP is entitled to make the subsequent performance owed conditional upon the Customer paying the purchase price due. The Customer may withhold a portion of the purchase price that is reasonable in relation to the defect.

10.3 If subsequent performance fails, is impossible or unreasonable for the Customer, or is definitively refused by OAKBARRELS.SHOP, the Customer may reduce the purchase price or withdraw from the contract in accordance with the statutory provisions. There shall be no right of withdrawal in the case of an insignificant defect. Claims for damages shall be governed exclusively by Clause 12.

10.4 The limitation period for claims relating to defects is twelve months from delivery. This shall not apply to claims arising from intent or fraudulent concealment of a defect, an expressly assumed guarantee, injury to life, body or health, under the German Product Liability Act, or to other claims for which the limitation period cannot legally be shortened.

10.5 Guarantees shall only exist if expressly designated as such by OAKBARRELS.SHOP in text form.

11. Force Majeure and Other Impediments to Performance

11.1 OAKBARRELS.SHOP shall not be liable for delays or failure to perform its obligations where these result from an event beyond the reasonable control of OAKBARRELS.SHOP, the effects of which could not have been prevented despite the exercise of reasonable care. Such events include, in particular, natural disasters, fire, flooding, severe weather, war, terrorism, civil unrest, embargoes, government measures, lawful industrial action, epidemics or pandemics, significant shortages of energy or raw materials, disruption of major transport routes, ports, IT or communication systems, and significant transport disruptions for which OAKBARRELS.SHOP is not responsible.

11.2 OAKBARRELS.SHOP shall inform the Customer without undue delay of the commencement and anticipated effects of the event. The affected performance obligations shall be suspended for the duration and to the extent of the disruption; agreed periods shall be extended by a reasonable period.

11.3 If the impediment to performance continues for more than eight weeks or if either party cannot reasonably be expected to remain bound by the contract, either party may withdraw from the contract in respect of the part not yet performed. Any consideration already received for services that can no longer be permanently performed shall be refunded without undue delay. Further statutory rights of withdrawal remain unaffected.

12. Liability

12.1 OAKBARRELS.SHOP shall have unlimited liability:

- in cases of intent and gross negligence;
- in the event of culpable injury to life, body or health;
- in accordance with the provisions of the German Product Liability Act;
- to the extent of an expressly assumed guarantee; and
- in the event of fraudulent concealment of a defect.

12.2 In the event of a slightly negligent breach of a material contractual obligation, OAKBARRELS.SHOP’s liability shall be limited to the foreseeable damage typical of the contract at the time the contract was concluded. Material contractual obligations are obligations whose fulfilment is essential to the proper performance of the contract and on whose compliance the Customer may ordinarily rely.

12.3 In all other respects, OAKBARRELS.SHOP’s liability for damage caused by slight negligence is excluded.

12.4 The foregoing limitations of liability shall also apply for the benefit of OAKBARRELS.SHOP’s legal representatives, employees and agents.

12.5 To the extent that liability is excluded or limited under this Clause, such exclusion or limitation shall also apply to loss of profit, production downtime, loss of use and other indirect or consequential losses.

13. Retention of Title

13.1 Where, by way of exception, delivery takes place before payment has been made in full, the delivered goods shall remain the property of OAKBARRELS.SHOP until all claims arising from the respective contract have been settled in full.

13.2 The Customer must handle goods subject to retention of title with due care and inform OAKBARRELS.SHOP without undue delay in text form if third parties obtain access to such goods or if the goods are damaged or destroyed.

13.3 The Customer may use or resell goods subject to retention of title in the ordinary course of business. In the event of resale, the Customer hereby assigns to OAKBARRELS.SHOP any resulting claim up to the amount of the outstanding invoice, including VAT; OAKBARRELS.SHOP accepts this assignment. The Customer shall remain entitled to collect the claim for as long as it duly meets its payment obligations and no application to open insolvency proceedings has been filed.

13.4 If the realisable value of the securities exceeds the secured claims by more than 10%, OAKBARRELS.SHOP shall, at the Customer’s request, release securities of its own choosing.

14. Data Protection

Information concerning the processing of personal data is provided in the current Privacy Policy of OAKBARRELS.SHOP, which is available separately in the online shop.

15. Governing Law, Place of Performance and Jurisdiction

15.1 The laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

15.2 The place of performance for all obligations arising from the contractual relationship shall be the registered place of business of OAKBARRELS.SHOP in Langen unless an expressly agreed Incoterms® rule determines a different place for individual obligations.

15.3 If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship shall be the registered place of business of OAKBARRELS.SHOP. The same shall apply if the Customer has no general place of jurisdiction in Germany. OAKBARRELS.SHOP shall remain entitled to bring proceedings against the Customer at the Customer’s general place of jurisdiction.

15.4 If any provision of these Terms and Conditions is or becomes wholly or partially invalid or unenforceable, the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by the applicable statutory provisions.