​§ 1 Scope and provider

(1) These General Terms and Conditions apply to all orders placed with the online store of the

​

SOMMcademy

Managing Director/Owner: Timo Bausch

Rheinstrasse 33

65185 Wiesbaden

Germany

 

active. 

​

(2) The goods & services offered in our online store are intended exclusively for buyers who have reached the age of 18.

​

(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions shall therefore also apply to all future business relations with companies and persons, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer, which contradict our general terms and conditions, is already now contradicted.

​

(4) The contract language is exclusively German.

​

(5) You can retrieve and print the currently valid General Terms and Conditions on my website https://sommcademy.de. A storage of the contract text does not take place.

 

 

§ 2 Conclusion of contract

(1) The presentation of goods in the online store does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods or services in the online store.

(2) By clicking the button ["Buy now"] you submit a binding offer to purchase (§ 145 BGB). Immediately before submitting this order, you can check the order again and correct it if necessary.

​

(3) After receipt of the purchase offer, you will receive an automatically generated e-mail with which I confirm that I have received your order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.

 

(4) A purchase contract for the goods or services is only concluded when I expressly declare acceptance of the purchase offer (order confirmation) or when I ship the goods - without prior express declaration of acceptance - to you. If there are several of the above alternatives, the contract is concluded at the time when one of the above alternatives occurs first. Your request can only be accepted by me up to the point in time in which you can expect the receipt of the answer under regular circumstances (§ 147 para. 2 BGB). Exception: when paying in advance and PayPal, the acceptance of the order takes place immediately with your order.

 

(5) Orders are only possible in household quantities.

​

​

§ 3 Prices

The prices shown on the product pages are final prices plus the respective shipping costs. In terms of § 19 UStG no sales tax is charged and therefore not shown. We charge a deposit for all non-returnable beverage containers that are subject to a deposit. The money will be refunded to you in full when you return the empty bottles. Alternatively, you can return the bottles at any beverage store or supermarket in the reverse vending machine. Please understand that you will have to bear the costs of the return shipment yourself. For more information on shipping costs, please visit our website under "Shipping".

​

 

§ 4 Terms of payment; delay

(1) Payment shall be made either by:

​

• Giropay,

• SEPA,

• Paypal,

• Cash in advance (Transfer),

• Credit card

​

(2) The selection of the respective available payment methods is incumbent upon me. In particular, I reserve the right to offer you only selected payment methods for payment, for example, to protect my credit risk only prepayment.

​

(3) If you choose the payment method prepayment, I will give you my bank details in the order confirmation. The invoice amount is to be transferred to the specified account within 10 days after receipt of the order confirmation.

 

(4) When paying by credit card, the purchase price will be reserved on your credit card at the time of the order (authorization). The actual charge to your credit card account will occur at the time we ship the goods to you.

​

(5) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. To pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to me. After submitting the order in the store, I ask PayPal to initiate the payment transaction. You will receive further instructions during the order process. The payment transaction will be carried out automatically by PayPal immediately thereafter.

​

(6) When paying by direct debit, you may have to bear the costs incurred as a result of a chargeback of a payment transaction due to lack of funds in your account or due to incorrect bank account information provided by you.

​

(7) If you are in arrears with a payment, you shall be obliged to pay the statutory interest on arrears at a rate of 5 percentage points above the base interest rate. You will be charged a reminder fee of EUR 5.00 for each reminder sent to you after the default has occurred, unless lower or higher damages are proven in individual cases.

​

§ 5 Set-off/Right of retention

(1) You shall only have a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by me or is in a close synallagmatic relationship to my claim.

​

(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

​

​

§ 6 Delivery

(1) Unless otherwise agreed, the delivery of the goods will be made from my warehouse to the address specified by you.

 

(2) Deliveries are currently only possible within Germany. 

​

(3) If not all ordered products are in stock, we are entitled to partial deliveries, as far as this is reasonable for you. Any deadlines shall only begin with the receipt of the last partial delivery.

​

(4) If the delivery of perishable goods is the subject of this contract, the following shall apply: The Customer shall ensure the acceptance of perishable goods on the agreed delivery date by taking suitable precautions, e.g. by accepting the goods himself, by instructing a person to accept the goods at the specified delivery address or by informing the Seller of the name and address of a neighbor who is willing and authorized to accept the goods.

​

(5) The delivery of ordered goods is subject to the availability of the goods. If the goods are not available at the time of order, the customer will receive a notification of the expected delivery date and the order will be marked by me. As soon as the goods are in stock, they will be shipped to the orderer without any further notification to the orderer. In case of unavailability, especially because a limited stock of goods marked as such is exhausted (e.g. vintage wine), the customer will be informed by me immediately. If necessary, I will suggest a comparable product. If no comparable product is available or if the customer does not want a comparable product, payments already made will be refunded immediately.

​

(6) In the case of delivery of articles that are subject to legal sales restrictions, the goods will only be handed over to receiving persons who meet the legal requirements and only after presentation of the identity card.

 

(7) Exceptionally, I am not obliged to deliver the ordered goods if I have duly ordered the goods on my part but have not been supplied correctly or on time (congruent covering transaction). The prerequisite is that I am not responsible for the lack of availability of the goods and that I have informed you of this circumstance without delay. In addition, I must not have assumed the risk of procurement of the ordered goods. In the case of corresponding unavailability of the goods, I will immediately reimburse you for any payments already made. I do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for goods that are only described in terms of their type and characteristics (generic goods). I am only obliged to deliver from my stock of goods and the goods ordered by me from my suppliers.

​

§7 Retention of title

(1) The goods remain my property until full payment of the purchase price.

​

(2) If you are an entrepreneur in the sense of § 14 BGB, the following applies in addition:

I retain title to the goods until all claims arising from the current business relationship have been settled in full. Before the transfer of ownership of the goods subject to retention of title, a pledge or transfer of ownership by way of security is not permitted.

You may resell the goods in the ordinary course of business. In this case, you already now assign to me all claims in the amount of the invoice amount that accrue to you from the resale. I accept the assignment, but you are authorized to collect the claims. As far as you do not meet your payment obligations properly, I reserve the right to collect claims myself.

If the reserved goods are combined and mixed, I 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.

I undertake to release the securities to which I am entitled upon request to the extent that the realizable value of my securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon me.

​

 

§ 8 Cancellation policy

In the event that you are a consumer within the meaning of § 13 BGB, i.e. make the purchase for purposes that can be attributed predominantly neither to your commercial nor your independent professional activity, you have a right of withdrawal in accordance with the following provisions:

​

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

​

To exercise your right of withdrawal, you must send me

​

Timo Bausch 

Rheinstrasse 33

65185 Wiesbaden 

Germany

e-mail: hello@sommcademy.de

Phone: +49 179 5874947 

​

by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample cancellation form for this purpose, which is, however, not mandatory.

​

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

​

Consequences of the revocation

If you revoke this contract, I have to repay you all payments that I have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by me), without undue delay and at the latest within fourteen days from the day on which I received the notification of your revocation of this contract. For this repayment, I will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

​

I may refuse repayment until I have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to me immediately and in any case no later than within fourteen days from the day on which you notify me of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the direct cost of returning the goods.

​

You must pay for any loss in value of the goods only if this loss in value is due to a handling of the goods that is not necessary for the examination of the condition, properties and functioning of the goods.

​

Sample cancellation form

If you want to cancel the contract, please fill out this form and send it back.

​

To 

​

Timo Bausch

Rheinstrasse 33

65185 Wiesbaden

Germany

E-Mail: hello@sommcademy.de

Phone: +49 179 5874947 

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of consumer(s) (only in case of paper communication)

Date

(*) Delete where not applicable.

​

End of the cancellation policy

(1) The right of revocation does not apply

​

• to contracts for the delivery of digital content (including streaming, downloads, etc.) that are not delivered on a physical medium (e.g. CD or DVD) if you have expressly consented to our commencing performance of the contract before the end of the withdrawal period and you have confirmed that you are aware that you lose your right of withdrawal once performance of the contract has commenced as a result of this consent.

• in the case of the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name),

• in the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded,

• in the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery,

• in case of delivery of goods, if they have been inseparably mixed with other goods after delivery due to their nature,

• in the case of the delivery of goods, sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery, of newspapers, journals or magazines with the exception of subscription contracts

• in the case of the delivery of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can be delivered at the earliest 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence.

​

(2) Please avoid damage and contamination. If possible, please return the goods to me in the original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging to avoid claims for damages due to inadequate packaging.

​

(3) Before returning the goods, please call me at +49 179 5874947 to announce the return. In this way you enable me to allocate the products as quickly as possible.

​

(4) Please note that the modalities mentioned in the above paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.

​

​

§ 9 Transport damage

(1) If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and contact me as soon as possible.

​

(2) Failure to make a complaint or contact me has no consequences for your statutory warranty rights. However, they help me to be able to assert my own claims against the carrier or the transport insurance.

​

 

§ 10 Warranty

(1) Unless otherwise expressly agreed, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB).

​

(2) If you are a consumer within the meaning of § 13 BGB, the period of liability for warranty claims for used goods - in deviation from the statutory provisions - is one year. This limitation shall not apply to claims based on damages resulting from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligation), as well as to claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or his vicarious agents.

​

(3) In all other respects, the statutory provisions shall apply to the warranty, in particular the two-year limitation period pursuant to Section 438 (1) No. 3 of the German Civil Code (BGB).

​

(4) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions shall apply with the following modifications:

For the quality of the goods only my own information and the product description of the manufacturer are binding, but not public promotions and statements and other advertising of the manufacturer.
You are obliged to examine the goods immediately and with due diligence for deviations in quality and quantity and to notify me of any obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from the time of discovery. In case of violation of the duty to examine and to give notice of defects, the assertion of warranty claims is excluded.
In the case of defects, I provide warranty at my discretion by repair or replacement (supplementary performance). In the case of subsequent improvement, I do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods. If the subsequent performance fails twice, you may, at your option, demand a reduction in price or withdraw from the contract.

​

The warranty period is one year from delivery of the goods.

​

​

§ 11 Liability

(1) Unlimited liability: I am liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. For slight negligence I am liable for damages resulting from injury to life, body and health of persons.

​

(2) In all other respects, the following limited liability shall apply: In the event of slight negligence, I shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the fulfillment of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of damages foreseeable at the time of the conclusion of the contract, the occurrence of which must be typically expected. This limitation of liability also applies in favor of my vicarious agents.

 

​

§ 12 Alternative Dispute Resolution

The EU Commission has provided a platform for out-of-court dispute resolution. Consumers this gives the opportunity to resolve disputes in connection with your online order first without the intervention of a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.

I will endeavor to settle any disagreements arising from my contract amicably. Furthermore, I am not obligated to participate in any arbitration proceedings and unfortunately cannot offer you participation in such proceedings.

​

​

§ 13 Final provisions

(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.

​

(2) Contracts between me and you shall be governed exclusively by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law (in particular with regard to the conclusion of the contract and warranty law).

​

(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between me and you is our place of business.

 

Status: September 2023

​

Copyright based on a sample of: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13,10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4