T & C
TERMS & CONDITIONS
Data Protection and Legal Information
Thank you for visiting our website and for your interest in our offers. By using our website, you declare that you agree to the following information. OAKBARRELS.SHOP reserves the right to change this information at any time without prior notice.
All goods and quantities on the OAKBARRELS.SHOP website are subject to change. We reserve the right to change prices due to changed purchasing conditions. All prices shown in Euros are wholesale prices without VAT. Our products are only sold to companies or traders following § 14 of the German Civil Code. Consumers are clearly excluded from completion of a contract!
The OAKBARRELS.SHOP pages are copyright protected. OAKBARRELS.SHOP is solely entitled to all rights for the content and design. The complete or partial reproduction, processing, transmission, electronically or in any other way, modification or use of our website for public or commercial purposes is prohibited without our prior written permission.
Product names partially used on these pages are registered brands and / or trademarks of the respective rights holder and enjoy trademark protection.
Liability for Content
The content of our website has been created with the utmost care. However, we can not guarantee the accuracy, completeness and currentness of all content. According to general law and to § 7 para. 1 TMG we are responsible for own content on these pages. However, according to §§ 8 to 10 TMG, we are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activities. In accordance with the general law, obligations to remove or block the use of information remain unaffected. However, liability in this regard is only possible from the time of knowledge of a specific infringement. Upon notification of appropriate violations, we will remove this content immediately.
Liability for Links
Our internet service contains links to external websites of third parties on whose content we have no influence. We cannot take over any liability for external content. The respective provider or operator is always responsible for the content of linked pages. The linked pages were checked for possible legal violations at time of linking. Illegal content was not recognizable at time of linking. However, permanent content checks are not reasonable without tangible evidence of a violation of law. Upon notification of appropriate violations, we will remove such links immediately.
GENERAL DELIVERY AND PAYMENT CONDITIONS
OAKBARRELS.SHOP / Mirko Rudnik (hereinafter referred to as OAKBARRELS.SHOP) is a business partner for companies or traders following § 14 of the German Civil Code. The goods offered are intended exclusively for business use or for resale.
1.1 All deliveries, services and offers from OAKBARRELS.SHOP are made exclusively on the basis of these general terms of delivery and payment. These are part of all contracts that OAKBARRELS.SHOP concludes with its contractual partners for the offered deliveries or services. They also apply to all future deliveries, services or offers to the contractual partner, even if they are not separately agreed again.
1.2 Terms and conditions of the contractual partner or third parties do not apply, even if OAKBARRELS.SHOP does not separately object to their validity in individual cases. Even if OAKBARRELS.SHOP refers to a letter that contains or refers to the terms and conditions of the contractual partner or a third party, this does not constitute consent to the validity of those terms and conditions.
1.3 OAKBARRELS.SHOP is entitled to change or add to these general terms and conditions of delivery and payment at any time.
2. Offer and conclusion of contract
2.1 All offers and quantities offered by OAKBARRELS.SHOP are subject to change without any obligation, unless they are expressly marked as binding or contain a specific acceptance period.
2.2 Information from OAKBARRELS.SHOP on the subject of the delivery or service (e.g. weights, dimensions, utility values and tolerances) as well as representations of the same (e.g. drawings, illustrations, images) are only relevant, unless the usability for the contractually intended purpose assumes an exact match. They are not guaranteed characteristics, but rather descriptions or identifications of the delivery or service. Customary deviations and deviations that occur on the basis of legal regulations are permissible as long as they do not impair the usability for the contractually intended purpose.
2.3 For individual previously approved customers (contractual partners), tax-free purchases from OAKBARRELS.SHOP can be approved if it is a tax-free intra-community transaction or a tax-free export.
In cases of tax-free intra-community transactions, OAKBARRELS.SHOP will issue invoices without VAT. In the case of tax-free exports, invoices with VAT are issued and, if an export certificate is presented, VAT will be reimbursed to the previously approved customers.
3. Prices and Payment
3.1 The invoice amount is due immediately upon receipt of the invoice. Payable net without deduction. Other payment terms can be agreed separately. Additional or special services will be charged separately. The prices are in EURO ex works plus weight and volume-dependent transport costs and plus VAT. For export deliveries, customs duties as well as fees and other public charges may apply.
3.2 The goods are invoiced at the OAKBARRELS.SHOP sales prices valid on the day of the order.
4.1 OAKBARRELS.SHOP delivers the ordered goods as soon as possible. However, the delivery obligation is subject to correct and timely delivery to us.
4.2 OAKBARRELS.SHOP delivers the ordered goods exclusively in accordance with INCOTERMS 2020 DAP (Delivered at Place). Other delivery conditions must be agreed separately.
4.3 Transactions in accordance with § 376 of the German Commercial Code (HGB) require prior written confirmation from OAKBARRELS.SHOP. Additional costs incurred due to special delivery requests by the contractual partner shall be paid by the contractual partner.
5. Conclusion of a contract for online orders
5.1 Presentation of goods in the OAKBARRELS.SHOP online shop does not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
5.2 By clicking the button ("buy"), a binding purchase offer is submitted by the contractual partner (§ 145 German Civil Code).
5.3 After receipt of the purchase offer, OAKBARRELS.SHOP sends an automatically generated email with which OAKBARRELS.SHOP confirms that the order has been received (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of the purchase offer. A contract is not yet concluded with the confirmation of receipt.
5.4 A purchase contract for the goods is only concluded when OAKBARRELS.SHOP expressly declares acceptance of the purchase offer or at the latest when the goods are handed over to the contractual partner.
6. Notification of defects
6.1 The notification of defects must be made in accordance with § 377 of the German Commercial Code (HGB), provided the contractual partner is a merchant following the German Commercial Code. If the contractual partner does not complain about defects in the goods immediately, but no later than 24 hours after acceptance of the goods, any liability on the part of OAKBARRELS.SHOP, in particular for material defects, incorrect delivery, shortages, improper packaging or loading, is excluded, unless are hidden defects. Hidden defects must also be reported immediately after they are discovered. Sentence 2 applies accordingly.
6.2 OAKBARRELS.SHOP is not liable for customary fluctuations in the quality or appearance of the goods.
6.3 In the event of a material defect, OAKBARRELS.SHOP has the choice of repairing the defective item or delivering a defect-free item as part of the supplementary performance. The contractual partner is entitled to reduce the purchase price or to withdraw from the contract after the subsequent performance has failed.
7.1 OAKBARRELS.SHOP is only liable in accordance with the statutory provisions if the contractual partner asserts claims for damages based on intent or gross negligence, including intent and gross negligence on the part of their representatives or vicarious agents. Insofar as OAKBARRELS.SHOP is not accused of intentional breach of contract, liability for damages is limited to the foreseeable, typically occurring damage.
7.2 OAKBARRELS.SHOP is liable in accordance with the statutory provisions if an essential contractual obligation is culpably violated. Essential contractual obligations are those whose fulfillment characterizes the contract and on which the contractual partner can rely. In this case, too, liability for damages is limited to the foreseeable, typically occurring damage.
7.3 Liability according to mandatory statutory provisions remains unaffected. This applies in particular to culpable injury to life, limb or health as well as mandatory liability under the Product Liability Act.
7.4 OAKBARRELS.SHOP is not liable for indirect damage, in particular not for lost profit or other financial losses of the contractual partner.
7.5 Any further liability for damages than previously provided is - regardless of the legal nature of the asserted claim - excluded. This also applies if the contractual partner requests reimbursement of useless expenses instead of a claim for compensation for damage instead of performance.
7.6 As far as the liability for damages towards OAKBARRELS.SHOP is excluded or limited, this also applies with regard to the personal liability for damages of employees, workers, employees, representatives and vicarious agents.
8. Force Majeure
8.1. In cases of force majeure, OAKBARRELS.SHOP is released from the obligation to perform for the duration and to the extent of the effect. The unforeseeable events not conclusively listed in the following sentence 3, which - even if they were foreseeable - are beyond the control of OAKBARRELS.SHOP and the effects of which cannot be prevented through reasonable efforts by OAKBARRELS.SHOP, are deemed to be force majeure. These include, in particular, war, war-like state, riot, revolution, rebellion, military or civil coup, uprising, tumult, political rioting, embargo, government order, sabotage, strikes, epidemics, pandemics, epidemics, fires, floods, typhoons, hurricanes or other storms on the scale of a disaster, as well as earthquakes and landslides.
8.2 OAKBARRELS.SHOP will notify the contractual partner of the occurrence and the cessation of force majeure and will do its best to limit the effects as much as possible.
8.3 The regulations made here for cases of force majeure also apply if the efficiency of OAKBARRELS.SHOP is due to the effects of a pandemic or epidemic, e.g. is significantly restricted or abolished by officially ordered company closings or quarantine measures or hygiene measures to combat the pandemic that hinder operational processes.
8.4 In the event of limited delivery capacity due to pandemics and their effects, the supplier is entitled to make partial deliveries.
9. Retention of title
9.1 The sale of the goods takes place under retention of title by OAKBARRELS.SHOP. The goods remain the property of OAKBARRELS.SHOP until all claims from the business relationship have been settled in full. In the event of the resale of the goods subject to retention of title, the contractual partner hereby assigns the resulting claims to OAKBARRELS.SHOP. The assigned claims serve to secure OAKBARRELS.SHOP until all claims from the business relationship with the contractual partner have been satisfied. A release can be given in detail.
9.2 The contractual partner will be allowed to collect the claims assigned to OAKBARRELS.SHOP on his own account in his own name, as long as OAKBARRELS.SHOP does not revoke this authorization in writing. This does not affect the right of OAKBARRELS.SHOP to collect these claims itself; however, OAKBARRELS.SHOP will not assert these claims and will not revoke the direct debit authorization as long as the contractual partner duly meets his payment obligations towards OAKBARRELS.SHOP.
9.3 If a third party purchaser does not immediately pay for the goods subject to retention of title, the contractual partner undertakes to sell the goods subject to retention of title to the third party purchaser only under retention of title between himself and the third party purchaser. Any processing or transformation of the reserved goods by the contractual partner will always be carried out for OAKBARRELS.SHOP. If the reserved goods are processed with other items that do not belong to OAKBARRELS.SHOP, OAKBARRELS.SHOP will acquire co-ownership of the new item in the ratio of the value of the reserved goods (final invoice amount including VAT) to the other processed items at the time of processing. As for the rest, the same will apply to the new item created through processing as to the reserved goods. If the buyer pays in advance on his orders, OAKBARRELS.SHOP waives the simple, extended and expanded retention of title on the goods that are then handed over. By accepting the goods, the buyer accepts this waiver.
10. Default in Payment
10.1 In the event of default in payment, § 288 of the German Civil Code applies. The assertion of higher interest and further damage remains unaffected. The contractual partner is entitled to prove to OAKBARRELS.SHOP that a lesser damage has occurred.
10.2 Furthermore, in the event of default in payment, OAKBARRELS.SHOP is entitled to make outstanding amounts due immediately and
a) to supply the contractual partner in the future only against prepayment or
b) to refuse the fulfillment of all current and the conclusion of all new business.
11. Right of set-off and right of retention
The assertion of a right of retention or the offsetting with claims other than undisputed or legally established claims against due claims of OAKBARRELS.SHOP is expressly excluded.
12. Data Protection
Comprehensive information on data protection, the personal data processed by OAKBARRELS.SHOP and the scope of data processing can be found under the following link: https://www.oakbarrels.shop/privacypolicy
13. Final Provisions
Should OAKBARRELS.SHOP or a third party cause any damage as a result of a breach of the above conditions, the contractual partner undertakes to pay full compensation.
13.2 Place of Performance
The place of performance is the headquarters of OAKBARRELS.SHOP.
13.3 Applicable Law
German law applies exclusively to the exclusion of the UN sales law.
13.4 Place of Jurisdiction
The place of jurisdiction is the headquarters of OAKBARRELS.SHOP.
13.5 Change and Announcement of the General Terms & Conditions
OAKBARRELS.SHOP reserves the right to make changes to the general delivery and payment conditions at any time. The current version of the general delivery and payment conditions of OAKBARRELS.SHOP can be found at oakbarrels.shop.