Preamble
Glenlochy is a strictly limited, individually numbered collector edition (in particular the Glenlochy First Filling and subsequent Single Cask Editions). Each bottle is produced according to the individual specifications of the buyer — by allocation of a registered, named edition number, an authenticity certificate issued in the buyer’s name, and, on request, by personal dedication or engraving. The following conditions take account of the nature of the goods as collector’s items and one-of-a-kind objects.
§ 1 Scope and contracting parties
(1) These General Terms and Conditions (hereinafter “GTC”) apply to all contracts for the supply of spirits, in particular of Glenlochy editions, between JFN Spirituosen Hamburg GmbH (hereinafter “supplier”) and the buyer (hereinafter “customer”).
(2) The GTC apply both to consumers within the meaning of § 13 of the German Civil Code (BGB) and to entrepreneurs within the meaning of § 14 BGB. Where provisions apply exclusively to one of the two groups, this is indicated.
(3) Any deviating, conflicting or supplementary terms and conditions of the customer shall not become part of the contract unless the supplier expressly consents to their validity in writing. This applies even if the supplier carries out delivery without reservation despite being aware of deviating conditions.
§ 2 Subject of the contract — Individually manufactured collector edition
(1) The subject of the contract is the spirits of the Glenlochy editions as designated in the online shop or on the order form.
(2) Each Glenlochy collector bottle is part of a limited edition and bears an individual edition number. The edition number is registered to the named buyer and recorded on a personal authenticity certificate.
(3) The collector bottles are manufactured and prepared individually to customer specification. On request, a personal dedication or engraving is added. The individual allocation of edition number, buyer name and authenticity certificate alone constitutes a personalised manufacture within the meaning of § 312g (2) no. 1 BGB.
(4) Minor deviations in colour, labelling, closure or packaging compared with product images are reserved and do not constitute a defect, provided that they are reasonable for the customer and do not contradict the collector character of the edition.
§ 3 Conclusion of contract
(1) The presentation of products in the online shop, in catalogues or in other sales materials is not a binding offer but an invitation to the customer to submit an offer.
(2) By submitting the order, the customer makes a binding offer to conclude a contract of sale. The supplier confirms receipt of the order promptly by e-mail. This confirmation of receipt does not yet constitute acceptance of the offer.
(3) The contract is concluded with the express order confirmation of the supplier, but at the latest upon dispatch of the goods.
(4) The supplier reserves the right to reject orders without giving reasons, in particular where there are reasonable doubts as to the customer’s legal age, ability to pay, or where there is suspicion of resale to minors.
§ 4 Age verification (§ 9 of the German Protection of Young Persons Act)
(1) Sale takes place exclusively to persons who have completed their eighteenth year of age. Orders by minors are excluded.
(2) By placing the order, the customer warrants that they are of legal age. The supplier is entitled to request electronic age verification or the presentation of an official photo ID.
(3) Delivery is made exclusively upon identification of an adult recipient. Handover to minors or to drop-off points without identity verification is excluded.
(4) False statements regarding age entitle the supplier to immediate withdrawal from the contract. All costs incurred thereby, in particular shipping and return-shipping costs, are borne by the customer.
§ 5 Prices and payment
(1) The prices stated in the ordering process apply. All prices are quoted in euros and include statutory value-added tax.
(2) Shipping, packaging, insurance and any excise duties are shown separately and are borne by the customer.
(3) Payment is made in advance by bank transfer, credit card, or via the payment services offered in the ordering process. Delivery takes place after full receipt of payment.
(4) If a commercial customer falls into default of payment, they shall owe default interest at nine percentage points above the base rate (§ 288 (2) BGB) as well as the lump sum pursuant to § 288 (5) BGB. With regard to consumers, the statutory provisions apply.
§ 6 Delivery and shipping
(1) Delivery takes place EU-wide to the delivery address provided by the customer. Deliveries to third countries require a separate agreement.
(2) Delivery times, unless expressly agreed as binding, are non-binding indicative values. For individualised collector bottles, the delivery time may be extended; the customer will be informed accordingly.
(3) The risk of accidental loss and accidental deterioration of the goods passes to a consumer upon handover of the goods to the customer, and to an entrepreneur upon handover to the forwarder, carrier, or other person designated to carry out the shipment.
(4) Visible transport damage must be reported by the customer to the transport company and the supplier without delay. Hidden transport damage must be reported to the supplier in writing within seven days of handover.
§ 7 Retention of title
(1) The goods remain the property of the supplier until full payment of the purchase price.
(2) Towards entrepreneurs, the supplier retains title until the settlement of all receivables arising from the ongoing business relationship.
§ 8 Exclusion of the right of withdrawal — Individually manufactured collector goods
(1) No statutory right of withdrawal exists. The bottles of the Glenlochy editions are not pre-fabricated goods; their manufacture is determined by an individual choice or specification by the customer, or they are clearly tailored to the personal needs of the customer (§ 312g (2) no. 1 BGB).
(2) Personalisation is effected through the individual edition number, the authenticity certificate issued in the buyer’s name, and — where chosen — by personal dedication or engraving. By placing the order, the customer makes this personal allocation binding; from this point onwards the bottle is allocated to the buyer and irretrievably withdrawn from the edition.
(3) The customer is expressly informed that by submitting the order they commission the start of individual manufacture and that no right of withdrawal exists pursuant to § 312g (2) no. 1 BGB. This information forms part of the contract and is communicated to the customer in text form prior to conclusion of the contract.
(4) Towards entrepreneurs within the meaning of § 14 BGB, no right of withdrawal exists in any event.
§ 9 Exclusion of exchange and return
(1) Voluntary exchange or voluntary return of the goods is excluded. Glenlochy collector bottles are neither exchanged for other products nor taken back against refund of the purchase price.
(2) This exclusion also covers cases of a changed taste preference, changed collecting objectives, or a changed assessment of value by the customer.
(3) Statutory warranty rights (§ 10 of these GTC) remain unaffected.
§ 10 Warranty rights
(1) The supplier shall be liable for defects in the goods in accordance with the statutory provisions.
(2) For consumers, the limitation period for warranty claims is two years from handover.
(3) For entrepreneurs, the limitation period is one year from handover. Entrepreneurs are required to examine the goods promptly upon receipt and to notify any defects without delay (§ 377 of the German Commercial Code, HGB); otherwise the goods shall be deemed approved.
(4) Minor deviations typical of collector goods — in particular maturation phenomena, natural sedimentation, or insubstantial variations in colour, clarity or taste note — do not constitute a defect.
§ 11 Liability
(1) The supplier is liable without limitation for intent and gross negligence, as well as under the provisions of the German Product Liability Act.
(2) For slight negligence the supplier is liable only in the event of breach of material contractual obligations (cardinal duties), whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. In such cases liability is limited in amount to damages typically foreseeable for the contract.
(3) Liability for damage arising from injury to life, body or health remains unaffected.
(4) Any further liability is excluded.
§ 12 Specifics for business with entrepreneurs
(1) Withdrawal, exchange and return are entirely excluded towards entrepreneurs.
(2) Resale of the collector bottles to end consumers by commercial customers is permitted only in compliance with all applicable youth-protection, food law and tax law provisions. The commercial customer shall indemnify the supplier internally against all claims of third parties resulting from such a violation by them.
(3) Set-off and rights of retention are available to the commercial customer only insofar as their counterclaims are undisputed or have been finally adjudicated.
§ 13 Data protection
The customer’s personal data is collected and processed exclusively within the framework of statutory provisions, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). Details are set out in the supplier’s privacy policy at https://glenlochy.co/en/privacy.
§ 14 Dispute resolution
(1) The European Commission provides a platform for online dispute resolution (ODR), available at https://ec.europa.eu/consumers/odr.
(2) The supplier is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.
§ 15 Final provisions
(1) The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
(2) The exclusive place of jurisdiction for all disputes arising from this contractual relationship with commercial customers is Hamburg. The supplier is also entitled to bring proceedings at the customer’s general place of jurisdiction.
(3) Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, the statutory regulation shall apply.
(4) Amendments and supplements to these GTC require text form.