Terms of service
§ 1 Place an Order
1.1. When you place an order with us, you are making an offer to buy goods. We will send you an e-mail to confirm that we have received your order.
1.2. Once we have reviewed your order we will e-mail you again to confirm that we accept your order, and that a contract has been made between us.
1.3. In the unlikely event that the goods are no longer available, or that we have made a pricing mistake, we will advise you of this. You will not receive an e-mail confirming acceptance of your order, and there will be no contract between us.
1.4. Images of products on this website are for illustrative purposes only. Your goods may vary slightly from the image shown on the website and will not include any of the pictured accessories, unless stated in the specification of the goods. Whilst goods may be shown assembled they may require assembly by you.
1.5. We have made every effort to display as accurately as possible the colours of our products that appear on this website. However, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the actual goods.
1.6. Whilst we try to be as accurate as possible, all information provided is approximate and is provided in good faith.
1.7. This contract is covered by German law.
1.9. You can use our website to place an order by selecting the product you wish to buy and adding it to your basket. Items you do not require can be removed from your basket at any time.
1.10. Carriage charges (Shipping & Handling) will be shown prior to you placing your order.
1.11. You will be required to pay for the goods in full at the time of ordering.
1.12. We use secure payment facilities for online purchases. You can pay for your order by Visa, Mastercard or Debit Cards, as well as Paypal. Please note that not all payment possibilities are available at any time.
1.13. Promotional prices only apply during the period stated.
All prices quoted on our website include Value Added Tax (German MwSt.) at the current rate. Once your order has been confirmed, changes may not be possible or may incur additional charges or delays. Once your order is complete we will notify you of the dispatch date.
§ 2 Delivery & Carriage Charges
2.1. Goods will normally be dispatched from our warehouse within 1 working day and any estimated dispatch date is a an estimate, which can change without notice.
2.2. We will normally deliver goods within 3-5 working days of dispatch.
2.3. Your order may arrive in more than one delivery.
2.4. We will deliver the goods to the premises you specify on your order. You must be at home to accept delivery of your order, which is normally between 8:00am and 8:00pm Monday-Saturday.
We will not accept responsibility for loss or damage if you instruct the delivery company to leave the goods unattended.
2.5. Disposal of packing materials is your responsibility.
2.6. If you change the delivery address once the goods have been dispatched to you, we reserve the right to pass on any extra charges made by our carriers for redirecting your delivery.
2.7. Please check the goods on delivery - any goods found to be missing or damaged should be notified to the delivery driver at the time of delivery or ourselves within a reasonable time.
2.8. If the goods are lost or damaged in transit, please let us know promptly.
2.9. Time is not the essence of the contract unless expressly stated otherwise in writing by a Director of the Company.
§ 3 Cancellation and Returns
3.1. This policy does not apply to goods ordered by businesses which are exempt form the Distance Selling Regulations, or the following goods which are exempt from the right to cancel.
3.2. You can cancel your contract at any time up to 14 days after the day of delivery. To do this, please e-mail, fax or write to us. You may use this model cancellation form if you wish. We are unable to accept cancellations by phone.
3.3. You do not have to give any reason for cancellation. However, a brief explanation will help us to improve the service we offer to customers in the future.
3.4. If you cancel, you must return the goods within 14 days of cancellation, complete with the original packaging to us at your own expense. You must ensure that the goods are packaged adequately to protect against damage.
3.5. If you fail to return the goods, we will collect them, and we will charge you the direct cost of collection. If you fail to take reasonable care of the goods before they are returned to us, and this results in damage or deterioration, we will charge you for the reduction in value.
3.6. We will refund all money paid to us by you including any postage / carriage within 30 days, less any costs due under this contract.
Business customers, or customers exempt from the distance selling regulations may not cancel an order without our mutual agreement.
This cancellation policy does not affect your legal rights - for example, if goods are faulty or misdescribed.
§ 4 Faulty Goods
4.1. If there is a problem with the goods, please notify us by email or in writing providing details of the problem. Its helpful if you can provide us with a digital photograph of the problem as this normally saves you having to return the goods for inspection. We will deal with the matter in accordance with your legal rights.
4.2. If an exchange is necessary, this will be arranged without unreasonable delay and without charge. Replacement goods will not be dispatched until the original goods have been received at our warehouse and checked.
The cost of returning goods to us is your responsibility, however on inspection we will refund your reasonable postage costs, providing that the goods are found to be faulty. If the goods are not faulty, we will return them to you, however you will be required to cover our reasonable postage costs.
4.3. If an item is no longer available we will offer an alternative. However our liability will be to replace the faulty goods only and we are unable to guarantee an exact match. In this instance you will have the option of a refund.
§ 5 Liability
5.1. The products sold on this website have been designed to comply with all relevant European legislation.
5.2. We do not accept liability for any consequential loss of profit or indirect losses. You should therefore not book installation of the goods until you have received them and inspected them.
§ Website Access
1.1. It is not necessary to register with us in order to use most parts of this website. However, particular areas that contain personal information (e.g. order specific) will only be accessible if you have registered.
§ 2 Use Of Website
2.2. You may print and download material from this Website provided that you do not modify or reproduce any content without prior written consent. Material on this website must not be republished online or offline without our permission.
2.3. The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.
§ 3 Site Uptime
We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.
§ 4 Links to and From other websites
4.1. Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content.
4.2. If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website and you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us.
4.3. If you choose to link to our website in breach of Paragraph 4.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
§ 5 Exclusion of Liability
5.1. We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss.
§ 6 Law and Jurisdiction
6.1. This Legal Notice shall be governed by and construed in accordance with German law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of Germany.
Customized Drinks GmbH / 01 June 2019