Conditions
Terms of Service
1. Scope of application The following terms and conditions apply to all orders via our online shop.
2. Contractual partner, conclusion of contract The purchase contract is concluded with IANsPEAK.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. Contract language, contract text storage
The language available for the conclusion of the contract is German.
We save the text of the contract and send you the order data and our terms and conditions by email. You can view the text of the contract in our customer login.
4. Terms of Delivery
Shipping costs are added to the stated product prices. You can find out more about the amount of shipping costs in the offers.
You also have the option of picking it up from Sin-Gold Brand GmbH, Germanenstr. 1, 86517 Wehringen, Germany during the following business hours: Friday: 4:00 p.m. – 7:00 p.m., Saturday: 10:00 a.m. – 1:00 p.m.
We do not deliver to packing stations.
5. Payment
The following payment methods are generally available in our shop:
Payment in advance
If you select the payment method in advance, we will give you our bank details in a separate email and deliver the goods after receipt of payment.
PayPal
During the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You'll get more information during the ordering process.
bill
You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. We reserve the right to offer purchase on account only after a successful credit check.
Cash on pickup
You pay the invoice amount in cash upon collection.
6. Retention of Title
The goods remain our property until full payment.
Return costs in case of cancellation
In the event of cancellation, you must bear the costs of the return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of EUR 40 or if you still have a higher price of the item at the time of cancellation have not provided the consideration or a contractually agreed partial payment. You only have to bear the regular costs of the return. Additional costs that arise, for example, due to a change in our place of business or due to the use of expensive transport services requested by us, shall be borne by us.
7. Warranty and Guarantees
Unless otherwise expressly agreed below, the statutory right to liability for defects shall apply.
In the case of used items, the limitation period for claims for defects is one year from delivery of the goods.
The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
8. Liability
We are always fully liable for claims based on damage caused by us, our legal representatives or vicarious agents
We exclude liability for slightly negligent breaches of duty, provided these do not relate to essential contractual obligations, damage from injury to life, limb or health or guarantees or claims under the Product Liability Act are affected. The same applies to breaches of duty by our vicarious agents and our legal representatives. The essential contractual obligations include, in particular, the obligation to hand over the item to you and to give you ownership of it. Furthermore, we have to provide you with the item free of material and legal defects. For the contents of the bottles, we rely on the rights and obligations of our commissioned distilleries.
in the event of injury to life, limb or health,
in the case of intentional or grossly negligent breach of duty and fraudulent intent,
in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
within the framework of a guarantee promise, if agreed or
as far as the area of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage limited, the occurrence of which must typically be expected. For the rest, claims for damages are excluded.
9. Damage in transit
The following applies to consumers:
If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs:
The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment. The obligation to examine and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
10. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/ .
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
11. Protection of minors
If your order includes goods whose sale is subject to age restrictions, we use a reliable process that includes a personal identity and age check to ensure that the customer has reached the required minimum age. The deliverer hands over the goods only after the age has been checked and only to the customer personally.
12. Note on the nature of our products
All bottle images on our website at www.ianspeak.de (shop address) are for illustration only and are similar to the item described: The bottle images may differ in their external appearance from the bottles supplied
13. Optics
Our products are all individually made and processed by hand. We work with two well-known distilleries, which also operate exclusively by hand.
Blemishes such as bubbles under the label, crooked labels or other small defects cannot be returned.
14. Own Spiritouse
The same general terms and conditions as above apply to the spirits we develop!
14.1 Liability after Deposit
After selecting a package on our (Home Spirit) page and paying the deposit, you enter into a preliminary contract with us.
14.2 Quoting
After paying for the package selection, the customer receives a binding offer from us for the selected service.
14.1 Delivery
Due to the development time of the spirits, the delivery dates are determined together with the end customer according to the order overview.
15. Final Provisions
If you are an entrepreneur, then German law applies to the exclusion of the UN Sales Convention.
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
05/29/2021
Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can go to https://ec.europa.eu/consumers/odr find. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.