GENERAL TERMS AND CONDITIONS 

These terms apply to all purchases from Special Futures GmbH, specifically catering to private customers. The goods ordered by them cannot be attributed to their commercial or independent professional activity. 

For professionals customers, who wish to place orders, we invite you to contact us via email at sales@drinkbouche.com. 

This document establishes the general terms and conditions that govern the use website (https://www.drinkbouche.com/) and the purchases of products on it, irrespective of whatever digital medium, support or device is used to access said website. 

Throughout the following and document and the site, the terms “we”, “us”, and “our” refer to BOUCHE. BOUCHE offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here

By using this website or placing an order, you unconditionally accept these terms and our privacy policy. This encompasses, among other things, your agreement to the terms related to contracts, pricing, shipping, payment methods, delivery, returns, warranties, liability, applicable laws, jurisdictions, and dispute resolution. If you do not agree with these conditions or policy, whether in part or in full, we kindly ask you not to use the website, its services, or place orders through it.

When you explore our offerings and decide to make a purchase, it's more than just an order. It's a commitment, and by placing your order, you accept our concrete offer, sealing the deal. Expect an email confirmation shortly after, providing details of your order. 

SECTION 1 - UNDERSTANDING PRICES AND SHIPPING

Our prices are meticulously calculated, inclusive of VAT (Value Added Tax). The amount displayed during your binding order is the final price. Additionally, shipping costs vary based on the shipping method, size, and weight of your selected items. We cover the regular costs associated with returns if you decide to exercise your right of withdrawal. In case of a return due to a defect, we'll also refund your shipping costs.

SECTION 2 - PAYMENT 

To provide flexibility, we offer various payment methods, including Apple Pay, Google Pay, Credit card, direct debit, prepayment, invoice, Giropay, Paydirekt and PayPal. Select the one suits you best. 

Timely payments keep things smooth. However, if you find yourself in default, we reserve the right to charge default interest at 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank at the time of your order. If we can demonstrate higher damages due to the delay, we may assert those as well.

SECTION 3 - LINKS FROM OUR WEBSITE

If our website contains links to other websites and this-party materials, said links are provided for information purpose only and we have no control whatever over the content of those websites or materials. Accordingly, we shall not accept any liability for any damage or harm deriving from their use. 

SECTION 4 - DELIVERING AND RETURN

Your delivery will be made to the address you provide during the order process. 

However, please note that in extraordinary circumstances like ‘Force Majeure’ events (natural disasters, war, civil war, terrorist attack), strike, lockout or other forms of protests, we may regrettably need to cancel your order. In such cases, rest assured, any amounts already paid will be promptly refunded. 

For your convenience, we encourage you to use the original packaging when returning goods, even if it's damaged from opening for functional testing.

A return label is included with the delivery. While you’re not obligated to use this label, it’s the most cost-effective option. If you choose an alternative and an unnecessary more expensive return method, please be aware that you may be responsible for the increased costs. 

SECTION 5 - YOUR PRODUCT, OUR RESPONSIBILITY

Until you’ve completed full payment for your order, the products remain our property. In the unfortunate event of receiving a faulty product, rest assured that we are committed to replacing or repairing it. 

SECTION 6 - YOUR WARRANTY AND RIGHT OF RETENTION

If a product is defective upon delivery (warranty case), we offer your choice of a defect-free replacement or professional repair, all covered by us. No warranty claim exists if the product met the agreed quality at the time of the risk transfer. Further conditions and limitations apply.

You have the right to withhold payment only to the extent that your counterclaim is rooted in the same contractual relationship.

SECTION 7 - OUR LIABILITY TO YOU 

In cases of sight negligence, we assume responsibility limited to the breach of essential contractual obligations, which accountability extending only to foreseeable damages; however, this restrictions does not apply to situations involving ham for life, body or health. 

We are not liable for damages caused by slight negligence related to a defect in the purchased item. Regardless our fault, our liability remains intact in cases of fraudulent concealment of a defect or when assuming a guarantee; it’s essential to note that the manufacturer’s warranty is distinct and does not constitute and assumption of a guarantee by us. 

Additionally, we acknowledge responsibility for instances where the impossibility of delivery occurs by chance during delays, unless the damage would have inevitably occurs even with a timely delivery. Lastly, the personal liability of our legal representatives, vicarious agents, and employees for damages caused by them due to slight negligence is explicated excluded. 

SECTION 8 - APPLICABLE LAW AND JURISDICTION

The agreement between you and us is governed exclusively by the laws of the Federal Republic of Germany, explicitly excluding the UN Convention on Contracts for the International Sale of Goods. It's important to note that this choice of law doesn't override any mandatory legal provisions of the state where you reside. In situations where, contrary to your provided information, you lack residence in the Federal Republic of Germany during the order or relocate abroad after the contract's conclusion, or if your residence is unknown when legal action is initiated, the designated jurisdiction for all disputes arising from and related to the contractual relationship will be the seat of the operator of the online shop.

SECTION 9 - DISPUTE RESOLUTION

General information about alternative dispute resolution is available, and the European Commission provides a platform for online dispute resolution. While we're open to resolution through dialogue, we're not obligated to participate in alternative dispute resolution procedures.

SECTION 10 - OUR RIGHT TO MODIFY THESE CONDITIONS

We have the right to review these Conditions at any time. You are subject to the policies and Conditions in effect at any moment in which you use this website or place each order.

SECTION 11 - COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS

Your comments and suggestions are always welcome. Please send any comment and suggestions, as well as any enquiries, complaints or claims through the email bonjour@drinkbouche.com 

If specific provisions of this contract are or become invalid, it won't affect the rest of the contract unless it unreasonably disadvantages a contractual partner. Any changes or additions to this contract must be made in writing.