TERMS OF SERVICE
A few words in advance
If you have any questions and hopefully seldom problems, we will help you as far as we can, even beyond what is legally prescribed. Simply contact us. Even if our phone is not always busy, leave us a message and we will contact you as soon as possible. We help in an uncomplicated and binding manner.
1.1 For the business relationship between Canarian Lifestyle, hereinafter referred to as the seller, and the customer, the following General Terms and Conditions apply exclusively in the version valid at the time of the order. The seller does not recognize deviating conditions of the purchaser unless the seller has expressly consented in writing.
2. Conclusion of the contract
2.1 Our offers on the Internet represent a non-binding invitation to the customer to order goods. By submitting the order on our website, the customer makes a binding offer to conclude a contract, which can be submitted in German.
2.2 We can accept this offer within two weeks by sending a confirmation of acceptance by email or by delivering the goods. If the deadline expires without result, the offer is deemed to have been rejected. In the event of spelling, printing or calculation errors, the seller is entitled to withdraw from the contract. Oral statements are non-binding in any case.
3.1 Unless otherwise agreed, delivery is ex warehouse to the delivery address specified by the customer. Agreed delivery dates are non-binding and are subject to our timely delivery.
3.2 Delivery times are always shown in the description of an item. Items that can be delivered immediately are delivered within 2-3 working days after receipt of payment. In the case of items that are not immediately available, delivery takes place within the delivery time indicated in the description of the goods after receipt of payment. The start of the delivery time specified by us requires the timely and proper fulfillment of the customer’s obligations, in particular the correct specification of the delivery address in the context of the order.
3.3 Delivery is carried out by a company commissioned by the seller within Europe. The seller reserves the right to refuse a delivery if the delivery address is outside the valid delivery area, a previous order by the customer could not be carried out several times or the customer has poor creditworthiness.
3.4. If a package cannot be delivered through the fault of the customer (e.g. incorrect delivery address, unavailability, refusal to accept) and it comes back to us, we will invoice the customer for this return with an amount of 5.00 EUR.
3.5 Customs and import sales tax – In the customs forms for parcels to countries outside the EU, the value of the items included in the delivery is listed by product type. Any fees incurred for customs clearance shall be borne by the customer. We have no influence on these charges and we cannot predict the amount, as the customs regulations vary greatly from country to country.
3.6 If the seller is unable to deliver the ordered goods through no fault of his own because the supplier from Spain or Latin America does not fulfill his contractual obligations, the customer will be informed immediately that the ordered goods are not available. Contracts already rendered by the Contracting Party shall be reimbursed without delay. The legal rights of the customer remain unaffected.
4. Payment terms
4.1 The prices listed on our website at the time of the order apply. All prices include statutory VAT plus the shipping costs listed in each case.
4.2 For orders from Germany, the purchase price can be paid in advance by bank transfer (advance payment), PayPal, instant transfer, invoice or cash payment. Payment against invoice is only possible for regular customers from Germany. Invoices are due upon receipt of the goods. To hedge the credit risk, the seller must reserve the right, depending on the respective creditworthiness, to only carry out the delivery requested by the customer against prepayment. If you choose the payment method in advance, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment. Any bank charges incurred are generally to be borne by the customer.
4.3 Orders from abroad are made against bank transfer in advance (advance payment), instant transfer or against payment via PayPal.
4.4 If the purchaser is in default of payment, the seller is entitled to charge default interest at a rate of 5% above the base interest rate p. A. to request. In the event that we assert higher damage caused by delay, the customer has the opportunity to prove that the asserted damage caused by delay did not occur at all or at least in a significantly lower amount.
4.5 If the seller incurs return debits or other costs for payment by the customer, these will be claimed by the customer.
4.6 The seller reserves the right to demand outstanding payments with the help of a debt collection company.
4.7 For the sake of the environment, we send our invoices by email. If the customer wants us to send him the invoice and other order documents by post, we charge a flat rate of EUR 1.50 for this service.
5. Offer / retention of title
5.1 Images and descriptions are non-binding. Slight deviations and changes to it cannot be ruled out.
5.2 We reserve title to the delivered item until the purchase price has been paid in full.
5.3 If, in exceptional cases, a delivery is not made against prepayment due to a corresponding agreement, ownership of the delivered goods does not pass to the customer until the purchase price has been paid in full. The customer is not entitled to dispose of the goods before the transfer of ownership. As long as we are still the owner of the goods, the customer must inform us immediately if third parties assert rights to the goods of any kind.
5.4 Upon receipt of the order, we reserve the goods for the customer for 7 working days. If payment is not made within one week of the order confirmation, we reserve the right to otherwise dispose of the goods.
6.1 Statutory warranty rights apply to all goods from our shop.
6.2 If the customer is an entrepreneur, the subsequent performance is made at the option of the seller.
7. Limitation of Liability
7.1 In the event of a slightly negligent breach of duty, the liability of Canarian Lifestyle and that of our vicarious agents is limited to the foreseeable, contract-typical, direct average damage based on the type of goods. We and our vicarious agents are not liable for slightly negligent breaches of non-essential contractual obligations, the breach of which does not endanger the execution of the contract.
7.2 Claims for damages against the seller are excluded, unless the cause of the damage is based on intent, gross negligence or the lack of guaranteed properties. The compensation is limited to the foreseeable damage typical for the contract, unless there is willful intent or gross negligence.
7.3 For defects or defects in the bottle contents – e.g. Damage to cork – unfortunately – according to the internationally used conditions – no liability can be assumed, as this is not assumed by the supplier either. Breakages or shortages must be confirmed in writing by the driver upon delivery and reported to us and the shipping company immediately.
– The bottle images do not always indicate the current year. Please refer to the article text for the deliverable year –
8. Protection of minors
8.1 An order and delivery of spirits, tobacco products and other products that are subject to statutory sales conditions are only made to persons of legal age. By accepting our terms and conditions, the customer confirms that he has reached the age of 18 and is fully competent. In cases of doubt, we reserve the right to request proof of age, which can be sent to us by post or e-mail. To ensure compliance with the statutory sales restrictions, the delivering company is entitled to make the handover of the goods dependent on the presentation of an identity card.
9. Data protection
9.1 We treat your personal data confidentially and in accordance with the statutory data protection regulations. Your data will not be passed on without your express consent or only in the context of the necessary processing of the contract, for example to the companies entrusted with the delivery of the goods. According to the Federal Data Protection Act, you have the right to free information about your stored data and, if necessary, the right to correct, block or delete this data.
10. Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.
In order to exercise your right of withdrawal, you must send a clear declaration (Los Ibericos, Nino L.Dall’Orto, Fredericia Straße 24 14050 Berlin , FAX Tel.: 030 / 92129836, Mobil: 0176 784 94 604 Mail: email@example.com) of your decision to withdraw from this contract. You can use the cancellation form that can be downloaded here, but this is not mandatory. You can fill out and submit the cancellation form or any other clear declaration. If you make use of this option, we will send you a confirmation of receipt of such a revocation immediately (e.g. by email). To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you cancel this contract, we have to repay all payments that we have received from you immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. You have the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract:
Los ibericos Online Shop
Nino L. Dall’Orto
Fredericia Street 24
to be returned or handed over. The deadline is met if you send the goods before the period of fourteen days has expired. If the revocation has been declared effective, the return of parcel-compatible goods within Germany can also be made to DHL, for which we will send you a return sticker by email. So there are no costs for you.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
The right of withdrawal does not apply to the delivery of goods,
– which due to their nature are not suitable for return, or
– which can spoil quickly, right?
– whose expiry date has been exceeded.
There is also no right of withdrawal for items that have been opened (e.g. glasses, bottles, cosmetic products, etc.).
Customers who order goods as part of their commercial, business or professional activity do not have a right of withdrawal.
– End of revocation –