Terms and Conditions

As of: February 1, 2023
General Terms and Conditions and Customer Information
I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Trinkwerk GmbH) via the website www.trinkwerk.de. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby excluded.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods.

(2) By placing the respective product on our website, we are making you a binding offer to

Conclusion of a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:

The items you intend to purchase are placed in your shopping cart. You can access the shopping cart and make changes there at any time using the corresponding button in the navigation bar.

After accessing the "Checkout" page and entering your personal information as well as the payment and shipping conditions, the order details will be displayed as an order overview.

If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.

If you are redirected to the respective instant payment system, make the appropriate selections or enter your data there.

Finally, the order details will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting your order, you have the opportunity to review the information in the order overview, change it (also via the "back" function of your internet browser), or cancel the order.

By submitting the order via the corresponding button ("order with payment" or similar term), you declare your legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your requests for a quote are non-binding. We will submit a binding offer in text form (e.g., by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).

(5) The processing of orders and the transmission of all information required in connection with the conclusion of the contract are partially automated by email. You must therefore ensure that the email address you have provided us with is correct, that receipt of emails is technically guaranteed, and, in particular, that it is not blocked by spam filters.

§ 3 Right of retention, retention of title

(1) You may only exercise a right of retention if the claims arise from the same contractual relationship.

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

(3) If you are an entrepreneur, the following additionally applies:

a) We retain title to the goods until all claims arising from the current business relationship have been fully settled. Prior to the transfer of title to the reserved goods, pledging or transferring them as security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoiced amount, and we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of the combination or mixing of the reserved goods, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.

§ 4 Warranty

(1) The statutory liability for defects applies.

(2) As a consumer, you are requested to inspect the item immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

(3) If you are an entrepreneur, the following applies, deviating from the above warranty provisions:

a) Only our own information and the manufacturer's product description are deemed to be agreed upon as the quality of the item, but not other advertising, public praise and statements by the manufacturer.

b) In the event of defects, we will provide warranty at our discretion through repair or replacement. If the remedy fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. Remedy of the defect shall be deemed to have failed after a second unsuccessful attempt, unless otherwise indicated by the nature of the item or the defect or other circumstances. In the event of repair, we shall not be liable for the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. This reduction does not apply:

- damages caused by our negligence resulting from injury to life, body or health and other damages caused intentionally or through gross negligence;

- to the extent that we have fraudulently concealed the defect or have provided a guarantee for the quality of the item;

- in the case of items which have been used for a building in accordance with their usual purpose and which have caused its defectiveness;

- in the case of statutory recourse claims that you have against us in connection with warranty rights.

§ 5 Choice of law, place of performance, place of jurisdiction

(1) German law shall apply. For consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country of their habitual residence (principle of favorability).

(2) The place of performance for all services arising from the business relationship with us, as well as the place of jurisdiction, is our registered office, unless you are a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual abode is unknown at the time the action is filed. The right to also bring an action before a court at another legal place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

§ 6 Protection of minors

(1) When selling goods subject to the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally required minimum age. Any existing age restrictions will be indicated in the respective item description.

(2) By submitting your order, you confirm that you have reached the legally required minimum age and that your information regarding your name and address is correct. You are obligated to ensure that only you or persons authorized by you to receive the delivery who have reached the legally required minimum age receive the goods.

(3) To the extent that we are required by law to carry out an age check, we instruct the logistics service provider commissioned with the delivery to only hand over the delivery to persons who have reached the legally prescribed minimum age and, in case of doubt, to ask the person receiving the goods to show their identity card for age verification.

(4) If we indicate in the respective item description that you must be at least 18 years old to purchase the goods, in addition to the legally required minimum age, the above paragraphs 1-3 shall apply, with the proviso that you must be of legal age instead of the legally required minimum age.
II. Customer information

1. Identity of the seller

mySpirit24 Germany
A brand of Trinkwerk GmbH
Island 8
89231 Neu-Ulm
Email address: service@myspirit24.com