Terms of service
1. Scope and Provider
These General Terms and Conditions apply to all orders placed through the FRONTEIRA Spirits online shop.
The provider and contracting party is:
K&V Mercantil GmbH
Gerbermühlstr. 45
60594 Frankfurt am Main
Germany
Email: info@fronteiraspirits.com
Phone: 0173 / 89 344 86
Managing Director: Mattheus Mascarenhas Kuhn
Commercial register: Amtsgericht Frankfurt am Main, HRB 144010
VAT identification number: DE464049791
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
A business is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in exercise of their trade, business or profession.
2. Offer and Conclusion of Contract
The presentation of products in our online shop does not yet constitute a legally binding offer to conclude a purchase contract, but rather an invitation to place an order.
You can first add products to your cart without obligation and review and correct your entries at any time before submitting the order, using the correction options provided in the ordering process.
By clicking the button that completes the ordering process, you submit a binding offer to purchase the goods contained in the shopping cart.
Immediately after your order is received, you will receive an electronic confirmation of receipt. An automated confirmation of receipt does not yet constitute acceptance of your offer, unless acceptance is expressly declared in it.
The purchase contract is concluded when we expressly accept your order by way of an order or shipping confirmation, or when we ship the ordered goods to you.
For payment methods where payment is triggered directly as part of the ordering process, special conditions of the respective payment provider may apply. Should an order not be accepted, we will refund any payments already received without delay.
3. Contract Language, Contract Text and Correction of Input Errors
The languages available for concluding the contract are shown in the online shop.
When using the German-language version of the online shop, the contract language is German.
Before submitting your order, you can identify and correct input errors using the technical means provided during the ordering process.
We store the order data in accordance with statutory retention obligations. The contract information and the terms applicable at the time of the order are provided to you in text form in connection with your order. You may also save or print this information before submitting your order.
4. Prices and Shipping Costs
All prices stated to consumers are total prices in euros and include the applicable statutory value-added tax as well as other price components.
Any additional shipping costs are shown separately before you complete your order.
Where legally required, for products offered by volume, the unit price per liter is stated in addition to the total price.
5. Payment
The payment methods available for each order are shown in the online shop.
Charging or processing of payment takes place in accordance with the payment method you chose and the terms of the respective payment service provider.
6. Delivery
We deliver exclusively to the countries and regions that can be selected as a delivery area in the respective ordering process.
Legal, tax, customs, youth-protection or shipping-related delivery restrictions may apply to individual products or destination countries.
The shipping methods, shipping costs and delivery times available for the respective delivery country are shown before you complete your order.
Unless stated otherwise, the stated delivery times begin upon conclusion of the contract, or, in the case of agreed advance payment, upon receipt of payment.
7. Youth Protection and Age Verification
Our alcoholic products, in particular cachaça and other spirits, are sold and supplied exclusively to individuals who have reached the age of 18.
By placing an order, you confirm that you are at least 18 years old.
This declaration does not replace our age-verification measures.
We are entitled, and to the extent necessary to comply with youth-protection requirements, obliged, to verify the age of the orderer and/or recipient in a suitable manner.
Alcoholic products are delivered exclusively in compliance with the statutory age limits. The shipping provider used may request suitable proof of age or identity upon handover of the shipment.
If the required minimum age cannot be verified, the shipment may not be handed over.
Providing a false age or placing an order by a minor does not entitle anyone to circumvent statutory youth-protection provisions.
8. Right of Withdrawal
Consumers generally have the statutory right of withdrawal.
Details can be found in our separate withdrawal instructions and the model withdrawal form provided there.
9. Retention of Title
The delivered goods remain our property until paid in full.
10. Liability for Defects
The statutory rights regarding liability for defects apply.
If you receive damaged, defective or incorrectly delivered goods, you may contact us at info@fronteiraspirits.com.
Your statutory rights are not made conditional on reporting damage within a certain deadline or submitting photos.
11. Liability
We are liable without limitation for damages arising from injury to life, body or health, insofar as these are based on an intentional or negligent breach of duty by us or our legal representatives or vicarious agents.
We are further liable without limitation in cases of intent and gross negligence, and pursuant to the mandatory provisions of the German Product Liability Act.
In the event of slightly negligent breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on whose observance the contracting party may regularly rely, our liability is limited to the foreseeable damage typical for this type of contract.
Beyond that, liability for damages caused by slight negligence is excluded.
12. Applicable Law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
For consumers, this choice of law applies only to the extent that it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.
13. Place of Jurisdiction
If the customer is a merchant, a legal entity under public law, or a special fund under public law, Frankfurt am Main is the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
For consumers, the statutory rules on jurisdiction apply.
14. Consumer Dispute Resolution
We are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
