Terms and Conditions
Welcome to Eisvogel Gin.
We produce our Eisvogel Gin with great care, clear structure and the highest quality standards, and transparency and reliability in our cooperation are just as important to us.
The following General Terms and Conditions form the legal framework and the basis of our collaboration.
General Terms and Conditions (GTC)
1. Scope of application
These General Terms and Conditions apply to all current and future business relationships between Eisvogel Gin, owner Florian Herlinger, and the customer, regardless of whether these are concluded via the online shop, as part of direct sales, in the B2B area or through other business contacts.
The GTC also apply if they are not expressly agreed again in a subsequent contract.
They apply equally to consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB), unless expressly differentiated in individual provisions.
Deviating, conflicting or supplementary terms and conditions of the customer shall only become part of the contract if their validity has been expressly agreed in writing.
2. Contracting party
Eisvogel Gin / Florian Herlinger
Alte Nürnberger Straße 32
D‑93059 Regensburg
E‑Mail: info@eisvogel-gin.de
Website: www.eisvogel-gin.de
3. Youth protection & sale of alcohol
3.1 Spirits are sold exclusively to adults aged 18 and over.
3.2 We use suitable measures for age verification during the order process. The customer confirms their age of majority at checkout; in addition, for orders from consumers, an age check is carried out upon delivery of the consignment (18+).
3.3 Consumers (B2C): Delivery is made exclusively with personal handover and age verification (18+) by the shipping service provider.
3.4 Entrepreneurs (B2B): Age verification upon dispatch is waived. The entrepreneur ensures that only adults receive the goods.
3.5 Incorrect information regarding age entitles us to withdraw from the contract. Shipping or return costs already incurred may be charged to the customer.
4. Conclusion of contract
4.1 The presentation of the products in the online shop or on the website does not constitute a legally binding offer, but an non-binding invitation to order.
4.2 By completing the order process, the customer submits a binding offer to purchase.
4.3 The contract is concluded upon receipt of the order confirmation by e-mail.
4.4 Obvious typing or pricing errors entitle us to rescind the contract.
5. Prices & Invoice
5.1 All prices include statutory VAT.
5.2 An invoice with VAT will always be issued, also for entrepreneurs.
5.3 Shipping costs are shown separately in the order process.
6. Payment
6.1 Payment via the offered payment methods.
6.2 Purchase price immediately due.
6.3 Retention of title until full payment.
7. Shipping & Delivery
7.1 Shipping day: Shipping exclusively on Mondays.
Orders placed by Friday 11:59 PM will be shipped on the following Monday. Orders received later will be shipped on the Monday thereafter. If a Monday falls on a public holiday, we will ship on the next possible working day.
7.2 No shipping to packing stations: Due to age verification (18+), shipping to packing stations (e.g. DHL Packstation) is excluded.
7.3 Delivery area: We deliver within Germany as standard. EU deliveries will only be made if expressly offered and legally feasible (see section 7.4).
Delivery times: Where delivery times are specified, they refer to the shipping day (Monday) and the usual transit time of the shipping service provider. Deviations, especially due to public holidays or force majeure, are possible.
7.4 Shipping within the European Union (Excise Duty / EMCS / Permissions)
7.4.1 General Notice
Alcoholic products are subject to special excise duty regulations within the EU. EU deliveries will only be made if all necessary permits, notifications, security deposits, reporting and documentation obligations can be fulfilled.
7.4.2 EU Shipping to Consumers (B2C) – Distance selling (§ 25 AlkStG)
(1) The shipment of alcoholic products to private individuals in other EU member states is considered distance selling within the meaning of § 25 of the Alcohol Tax Act.
(2) Delivery will only take place if, in particular,
a) a required permit exists,
b) the respective delivery – if necessary – can be notified in advance to the competent main customs office,
c) any necessary security deposit has been provided,
d) the requirements demanded in the destination member state (e.g. taxation, notifications, proofs) can be met.
(3) If an EU B2C delivery cannot be carried out for legal reasons or due to a lack of cooperation from the customer (e.g. incomplete address data), we will not deliver to the country concerned and will withdraw from the contract. Payments already made will be refunded.
7.4.3 EU Shipping to Businesses (B2B) – EMCS / Certified Consignor (§ 24b AlkStG)
(1) Deliveries to businesses in other EU Member States will only be made if the delivery is permissible under excise duty law and can be processed legally and securely via the designated procedures (in particular EMCS).
(2) Where necessary, the delivery will be made as a "certified consignor" within the meaning of § 24b of the Alcohol Tax Act; the recipient must hold the respective required status (e.g. certified recipient).
(3) The entrepreneur undertakes to provide all necessary information completely and correctly (e.g. excise duty number, receipt status/permits, contact person).
(4) If a legally compliant processing (including EMCS documentation) is not possible, we are entitled not to deliver and to withdraw from the contract.
8. Right of withdrawal
8.1 Consumers (B2C): Consumers have the statutory right of withdrawal. The cancellation policy and the sample cancellation form are provided separately.
8.2 Entrepreneurs (B2B): There is no right of withdrawal.
9. Complaints, Notification of Defects and Transport Damage (all customers)
9.1 The customer should inspect the goods immediately upon receipt and report any transport damage to us as soon as possible.
9.2 Please report obvious defects or transport damage within 7 days if possible, so that we can clarify the damage with the shipping service provider more easily. This request is not an exclusion period. Statutory warranty rights, particularly for consumers, remain unaffected.
9.3 For quick processing, please provide the order number, a brief description and photos (goods and packaging).
9.4 In the event of a justified complaint, we will choose to provide subsequent performance (replacement delivery) or a credit note.
9.5 Natural deviations (e.g. slight batch, color or turbidity deviations) do not constitute a defect.
10. Warranty
10.1 The statutory warranty rights apply.
10.2 For entrepreneurs, the warranty period for material defects is 12 months from delivery.
11. Liability
11.1 We are liable without limitation for intent and gross negligence as well as for injury to life, body or health.
11.2 In the event of slightly negligent breaches of essential contractual obligations, we shall only be liable for the foreseeable damage typical for the contract at the time of conclusion of the contract.
11.3 Otherwise, liability for slightly negligent breaches of duty is excluded, insofar as legally permissible.
12 Contract text storage
12.1 The contract text (order data and GTC) is stored by us. Customers can document or save the order data as part of the order confirmation (e-mail).
13. Consumer dispute resolution / Online dispute resolution
13.1 The former EU Online Dispute Resolution platform (ODR/OS platform) has been discontinued since 20 July 2025; therefore, no reference is made to it.
13.2 We are not obliged and generally not willing to participate in dispute resolution proceedings before a consumer arbitration board.
14. Final provisions
14.1 The law of the Federal Republic of Germany applies.
14.2 The place of jurisdiction for entrepreneurs is our registered office.
14.3 Should individual provisions of these General Terms and Conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, the statutory provisions shall apply. Should a regulatory gap arise, the parties shall – insofar as legally permissible – agree on an effective provision that comes closest to the economic purpose.