General terms and Conditions
Alsterhaus (alsterhaus.de), KaDeWe (kadewe.de) and Oberpollinger (oberpollinger.de), are production sites of The KaDeWe Group GmbH.
1. CONCLUSION OF CONTRACT
Your contract partner for all orders is The KaDeWe Group GmbH, business address:
Katharina-Heinroth-Ufer 1, 10787 Berlin.
A contract is formed when one person makes an offer, and the other accepts it.
a) Conclusion of contract for the use of the online shop
For orders that are made via the online shop, the contract is concluded as follows:
Our online offers are not offers in the legal sense, but rather invitations to treat, which means they are an invitation to you to make an offer to form a contract. This is done when you place an item into the virtual shopping basket and you click the button »Zahlungspflichtig bestellen« [Order with an obligation to pay] when you complete your order. Immediately, afterwards, you will receive an email confirming the receipt of your order (confirmation of order). Your offer is accepted and thus the contract is concluded when we deliver the goods and when a corresponding email to this effect is sent (shipping confirmation).
b) Conclusion of contract for the use of the messaging service Whatsapp
For orders via the messaging service Whatsapp, the contract is concluded as follows:
You send a message to +49 151 12 000 010 via the messaging service Whatsapp containing details of your desired item. In accordance with your information, The KaDeWe Group GmbH will send you a suggestion for the purchase of a product with details of the purchase price. This is an invitation to treat, which is an invitation to you to make an offer to form a contract. You will make an offer by sending a confirmation via Whatsapp. Subsequently, you will be requested to provide your name, the desired delivery address and your email address. Upon receipt of this data, The KaDeWe Group will inform you of the purchase price, including the shipping costs, and you will be sent a link via Whatsapp, which you can use to pay the purchase price. The acceptance of the offer and thereby the conclusion of the contract for the product is made once a message is sent to you via Whatsapp that your payment has been received.
Orders can be placed in German and in English.
Our range of alcoholic beverages is exclusively directed at adults having attained the legal age of adulthood. You will confirm that you have attained the legal age of adulthood by entering your date of birth and by sending your order. The delivery will be made exclusively to persons having attained the legal age of adulthood.
We are not contracting partners of purchase agreements that you conclude on other pages which we merely link to. These orders are governed by the terms and conditions of the relevant provider.
You will receive your order in one delivery, if possible. There will be no disadvantage to you if the delivery is made in multiple shipments; The KaDeWe Group GmbH will accept the additional postage and shipping costs. In the event that an item cannot be delivered, we will inform you promptly by email or, in the event of an order via the messaging service Whatsapp, via Whatsapp.
3. SHIPPING COSTS
You have to bear the shipping costs. For the amount of the shipping costs, please refer to the notes on shipping costs.
The following applies for orders via the messaging service Whatsapp:
If the value of the goods is below EUR 150.00 and if the shipment is made within Germany, a flat shipping rate of EUR 10.00 is charged. National shipping of goods with a value over EUR 150.00 is free. Express shipping will incur additional costs.
4. PRICES, PAYMENT METHODS, RETENTION OF TITLE
All prices include the statutory rate of VAT and are deemed plus shipping costs. A Visa, Mastercard or American Express credit card is required to pay for orders. The goods shall remain the property of The KaDeWe Group GmbH until payment has been made in full.
All personal data such as your address or credit card details are encrypted using SSL and are therefore “bug-proof” when transmitted via the Internet.
The warranty for defects of the purchased goods is governed by the statutory provisions. This shall apply irrespective of the statutory right of revocation pursuant to Section 9. Any guarantees given by the respective manufacturer or The KaDeWe Group GmbH shall not affect the warranty provisions. Any guarantees given by the respective manufacturer or The KaDeWe Group GmbH do not affect the warranty provisions.
Please contact us in the event of a warranty claim:
Neuhauser Str. 18
T 089 29 02 30 (14 cents/minute from a German landline, maximum 42 cents/minute from a mobile network) – available during Oberpollinger opening hours
F 089 29 02 34 44 (14 cents/minute from a German landline, maximum 42 cents/minute from a mobile network).
7. Note on data protection and security
Your data will be used and processed exclusively within the framework of the applicable data protection laws. Further information can be found in our data protection declaration.
8. battery disposal
Extract from the Battery Disposal Act: Batteries must not be disposed of with household waste. You are legally obliged to return used batteries as end consumer. You can return batteries free of charge after use, for example at municipal collection points or in the trade. You can also send batteries back to us by post or parcel service. Batteries or rechargeable batteries that contain harmful substances are marked with the symbol of a crossed-out dustbin. The chemical name of the harmful substance is located near the garbage can symbol. Cd stands for cadmium, Pb for lead and Hg for mercury.
9. right of withdrawal
You can cancel your contract within 14 days without giving reasons in writing (eg letter, fax, e-mail) or – if the goods before the deadline – also by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations under § 312 g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the goods suffices to comply with the revocation period. The revocation is to be addressed to:
In case of sending a written revocation (letter):
Neuhauser Str. 18
In case of revocation by e-mail: firstname.lastname@example.org
In the case of sending a declaration of revocation by fax: +49 89 29 02 34 44 (14 Cent/Minute aus dem deutschen Festnetz, höchstens 42 Cent/Minute aus Mobilfunknetzen).
In the event of declaration of revocation by returning the goods, the goods must be sent back to:
Neuhauser Str. 18
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return or surrender the goods or services received or their uses (e.g. advantages of use) to us, or if you are unable to return or surrender them in full or in part, or only in a deteriorated condition, you must compensate us for the loss in value. For the deterioration of the goods and for any use made of them, you must only pay compensation if the use or deterioration is due to handling of the goods which goes beyond the inspection of their properties and functionality. Testing the properties and functionality” means testing and trying out the respective goods, as it is possible and customary in a retail shop.
Items that can be sent by parcel post are to be returned at our expense and risk. Items that cannot be sent as parcels will be collected from you.
Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.
End of the revocation instruction
The right of withdrawal does not apply to contracts
– for the delivery of goods which are manufactured according to customer specifications (e.g. articles with engraving, custom-made products) or
– are clearly tailored to personal requirements or- are not suitable for return due to their nature or
– can spoil quickly (e.g. fruit, food to be cooled) or- whose expiration date would be exceeded (e.g. event tickets)
– for the delivery of audio or video recordings or software, if the delivered data carriers have been unsealed by you (in particular CDs, DVDs if these have been unsealed by the consumer).
Additional return guarantee:
Irrespective of the statutory rights, it is possible to deliver the goods within 14 days of receipt without stating reasons.
Neuhauser Str. 18
T 089 2902 30
F 089 2902 3444
to return the money. This return guarantee does not limit your legal rights as a consumer and therefore also not your above mentioned right of withdrawal.
We are liable without limitation for intent and gross negligence. For simple negligence we shall only be liable for damages resulting from injury to life, limb, health or an essential contractual obligation (obligation the fulfilment of which is essential for the proper execution of the contract and the observance of which the contractual partner regularly relies on and may rely on).
In the event of a slightly negligent breach of material contractual obligations, our liability shall be limited in amount to the foreseeable, typically occurring damage. Otherwise, our liability is excluded.
The foregoing limitations of liability shall also apply in favour of our legal representatives and vicarious agents employed by us. The foregoing limitations of liability shall not apply if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods. The same applies to your claims under the Product Liability Act.
11. Applicable law, contract language
All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international purchase of movable goods.
Seat of the company: Essen
Commercial register number: HRB 22704
Value added tax ID: DE 275 864 626
Management: André Maeder (Chairman), Sean Hill, Dr. Michael Peterseim
Chairman of the Supervisory Board: Wolfram Keil
13. Contact for customer inquiries
F 089 29 02 34 44 (14 cents/minute from a German landline, maximum 42 cents/minute from a mobile network)
T 089 29 02 30 (14 cents/minute from a German landline, maximum 42 cents/minute from a mobile network) – reachable during the opening hours of the Oberpollinger
Contact by mail:
Neuhauser Str. 18
All texts, images, graphics, sound, video and animation files are subject to copyright and other laws for the protection of intellectual property. They may not be copied for commercial purposes or for distribution, nor may they be modified and used on other websites. Some Internet pages also contain pictures which are subject to the copyright of those who made them available. The warranty conditions can be found in our general terms and conditions. Alsterhaus.de is not responsible for the content of external sites that you can reach via a link.
© Copyright Alsterhaus, A department store of The KaDeWe Group GmbH. All rights reserved.