Terms of service

Standard terms

This website is operated by LOUERS b.v. of Beatrixstraat 29, 5502VD, Veldhoven, The Netherlands, hereinafter referred to as "LOUERS". These Terms and Conditions of Use expressly incorporate by reference and include the LOUERS vodka disclaimer and any other guidelines, rules that may be posted or updated on specific web pages herein or on any notice sent to you. When entering louersvodka.com (the "Site"), you agree to the following Terms and Conditions of Use.  If you do not agree to these Terms and Conditions of Use, please do not use this Site. LOUERS reserves the right, at our complete discretion, to change, modify, add, or remove portions of this policy at any time. We encourage you to review these Terms and Conditions of Use from time to time because any changes are binding on you:  

1. You must be of legal drinking age to use this Site. 

2. Material from this Site may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of LOUERS . Neither title nor intellectual property rights are transferred to you by use of or access to this Site; rather, all rights, title and interest in and to all aspects of the Site remain the property of LOUERS. Material on this Site is provided for lawful purposes only. 

3. UNDER NO CIRCUMSTANCES SHALL LOUERS OR ITS AFFILIATES, SUBSIDIARIES, PARENT OR RELATED COMPANIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES), HARM, OR INJURY THAT RELATE TO, ARISE OUT OF, OR RESULT FROM THE USE OF, OR ACCESS TO, OR THE INABILITY TO USE, ANY OF THE MATERIALS OF THIS SITE, OR ARE CAUSED BY ANY FAILURE OF PERFORMACE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATIONAL TRANSMISSION, COMPUTER VIRUS OR LINE FAILURE. THE MATERIAL ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWS, LOUERS DISCLAIMS LIABILITY FOR NEGLIGENCE AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LOUERS  DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE CONTENTS WILL BE CORRECT, ACCURATE OR RELIABLE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT LOUERS ) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 

4. All remarks, suggestions, ideas, creative concepts, graphics, or other information communicated through this Site or otherwise sent to LOUERS, including without limitation, product or advertising ideas, (collectively, the Submission) will forever be the exclusive property of LOUERS,  who will not be required to treat the Submission as confidential, and will not be liable for any use whatsoever or disclosure of the Submission, and need not provide any compensation or acknowledgement for the Submission. Without limitation, LOUERS  will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature anywhere, including the right to use, reproduce, modify, adapt, publish, transmit, create derivative works from, distribute, perform and display such Submission. You agree not to submit any infringing, unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material that could constitute or encourage criminal or unlawful conduct, or material containing spam or advertising content. You acknowledge that you are responsible for whatever Submission you send, and you, not LOUERS, have full responsibility for the message, including its legality, reliability, and originality. 

5. COMPLIANCE WITH DIGITAL MILLENNIUM COPYRIGHT ACT.It is our policy to promptly respond to claims of copyright infringement. If you believe that an infringing copyrighted work is accessible on this Site, you may notify our registered copyright agent by sending the following information to the address listed below: 

a. The signature of a person authorized to act on behalf of the owner of the copyright.  This signature can be physical or electronic. 

b. A statement that this person is authorized to act on behalf of the copyright owner. 

c. A statement that this person has a good faith belief that the use of the material in the complained-of manner is not authorized either by the copyright owner, by the owner's agent, or by law; 

d. A description of the copyrighted work that you claim has been infringed, and a description of where the allegedly infringing material is located on the Site; and 

e. Your address, telephone number, and e-mail address. Please put "Notice of Infringement" in the subject line of all such notifications, and send the notification to: info@louersvodka.com. We will process and investigate all notices of alleged infringement as required by the DMCA, and will remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity.  When we remove or disable access to any material claimed to be infringing, we may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification. If the user posting the material gives a counter-notification claiming that the use is authorized, we will furnish that counter-notification to the complaining party, and will give the complaining party an opportunity to seek judicial relief under the DMCA before we replace or restore access to any material. 

6. This Site contains links to other Internet sites and resources. LOUERS is not responsible for the availability of external sites or resources linked to this Site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and the third party are strictly between you and the third party and are not the responsibility of LOUERS. Because LOUERS is not responsible for the availability of these outside resources or their content, you should review the Terms and Conditions of Use of these linked sites, as their policies may differ from ours. You should direct any concerns regarding any external link to its site administrator or Webmaster. 

7. This agreement shall be governed in accordance with the laws of the Netherlands, notwithstanding any principles of conflicts of laws. Except as described otherwise, all materials in this Site are made available only to provide information about LOUERS, which controls and operates this Site from Veemstraat , The Netherlands and makes no representation that these materials are appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with the applicable local laws. 

8. The following trademarks and all related logos and designs used herein are owned by LOUERS and/or its affiliates, subsidiaries, parent or related companies:

LOUERS

LOUERS vodka

www.louersvodka.com

The use or misuse of these trademarks or any content of this Site, except as provided above, is strictly prohibited. All other trademarks are the property of the respective trademark owners. 

9. This Site is protected by copyright as a collective work and/or compilation, pursuant to copyright laws, international conventions and other copyright laws.  Except as set forth in these Terms and Conditions of Use, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Terms and Conditions of Use), create derivative works from, distribute, perform, display, reverse engineer, decompile or disassemble, or in any way exploit, any of the content, software, materials or Site in whole or in part. You may access the Site for your personal, noncommercial use only, but may not reproduce or post the content anywhere on the Internet or elsewhere. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from LOUERS or the copyright holder identified in the individual content's proprietary notices including copyright notice. 

10. A user must be of legal drinking age to visit this Site.

 

Business terms

All commercial transactions on this site and logistic services related to all orders are carried out by:

Direct Drinks Distribution- a division of Sélection Prestige GmbH -Pariser Str. 3 | D-10719 BerlinRegistered at the local court Berlin-Charlottenburg, HRB 124815

1. Basic provisions

(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Sélection Prestige GmbH) via the www.louersvodka.com website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.

(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.

2. Conclusion of the contract

(1) The following provisions on the conclusion of the contract apply to orders placed in the E-commerce environment of www.louersvodka.com

(2) If a contract is concluded, it shall be concluded with

Sélection Prestige GmbH
Pariser Str. 3
10719 Berlin

(3) The placement of goods in the E-commerce environment does not constitute a legally binding contractual offer by us, but is merely a non-binding invitation to the customer to order these goods. If the customer orders the desired goods, he thereby submits a binding offer to conclude a purchase contract.

(4) If an order is received in the E-commerce environment, the following regulations shall apply:

If a customer goes through the order process described below, he thereby submits a binding contractual offer. The ordering process takes place in these steps:

a) Selecting the desired goods
b) Confirm by clicking the button “Add to shopping cart”
c) Check the details in the shopping cart
d) Press the “next” button
e) Login to the webshop after registration and entry of the login data (e-mail address and password) or order as a guest
f) Checking and correcting the entered data
g) Binding sending of the order by pressing the button “order at cost”

Before bindingly submitting the order, the Customer may return to the page on which the data provided by the Customer during the ordering process was recorded by clicking the “Back” button of his Internet browser after checking his data. There he can correct any errors or terminate the ordering process by closing the Internet browser. Once we have received the order, we will confirm it by sending you an automatic e-mail. However, this e-mail does not constitute an acceptance of our offer. We will accept the offer in writing, in text form or by sending the goods.

(5) We store the contract text and send you the data of your order as well as our general terms and conditions by e-mail.

3. Individually-designed products

(1) You provide us with the appropriate information, text or data necessary to customize the goods via the online ordering system or via E-mail without undue delay after concluding the contract. Any potential specifications that we may issue regarding file formats are to be borne in mind.

(2) You are obligated to ensure that you do not transfer data whose contents violate the rights of external parties (especially copyrights, rights to names and trademark rights) or break existing laws. You explicitly free us from any and all claims related to this matter that may be raised by external parties. This also applies to the costs associated with any legal representation that may become necessary in this regard.

(3) We do not check the transferred data for textual accuracy. In this respect, we assume no liability for errors.

(4) Insofar as we create texts, images, graphics and designs for you within the framework of the customized designing process, the said items are subject to copyright law.

Individual parts or complete contents may not be utilized, reproduced or modified unless we have explicitly authorized such a course of action.
Unless otherwise agreed upon, we assign to you a temporally unrestricted right to use the copyright-protected items that have been created for you. You are explicitly prohibited from making the protected items or parts thereof privately or commercially available to external parties in any manner whatsoever.
The transfer of the right of use is subject to the suspensive condition of full payment of the agreed-upon purchase price.

4. Right of retention, reservation of proprietary rights

(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price is paid in full.

5. Liability

(1) We also provide unlimited liability for damage caused due to the violation of life, limb or health. Furthermore, we provide liability without limitation in all cases of intent and gross negligence, if a defect is fraudulently concealed, in case of assumption of guarantee for the procurement of the object of purchase and in all other legally regulated cases.

(2) The liability of defects within the scope of the implied warranty complies with the corresponding regulation in our customer information (Part II).

(3) If the situation in question relates to important contractual obligations and involves minor negligence, our liability is limited to the foreseeable damages that are typical for the contract. The term ‘important contractual obligations’ refers to important obligations that follow from the nature of the contract and whose violation would jeopardize the fulfilment of the purpose of the contract. It also covers obligations that the contents of the contract impose on us in order to facilitate the fulfilment of the purpose of the contract and whose fulfilment makes it possible for the contract to be executed in an orderly manner, and compliance with which may regularly be taken for granted by you.

(4) When it comes to the violation of inessential contractual obligations, no liability shall be assumed if the situation in question involves violations of obligations associated with light negligence.

(5) The current state of the respective technology makes it impossible to guarantee that data transmission operations that use the internet will take place in an error-free manner characterized by permanent availability. In this respect, we cannot vouch for the constant and uninterrupted availability of the website and the service offered on the website.

6. Choice of law, place of fulfilment, jurisdiction

(1) Dutch law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).

(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.

7. Protection of minors

(1) For the sale of goods, that are subject to the regulations of child welfare protection law, we only deal with contractual relationships with customers who have reached the legally prescribed minimum age.
Any age restrictions are referred to in the respective item descriptions.

(2) By submitting your order, you assure that you have reached the legally prescribed minimum age and that your details as regards your name and your address are correct. You are under obligation to ensure that only you or other persons authorized by you to accept the delivery, who have reached the legally prescribed minimum age, can take delivery of the goods.

(3) As long as we are under obligation by the legal provisions to carry out an age verification, we instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legally prescribed minimum age, and in case of doubt, to request for the identity card of the person accepting the product for the purpose of age verification.

(4) As far as we show, beyond the legally prescribed minimum age in the respective item description, that you must have completed 18 years of age to be able to purchase the item, the aforementioned sections 1-3 are applicable providing that instead of the legally prescribed minimum age, the legal age must be reached.

________________________________

Customer information

1. Identity of the seller

Sélection Prestige GmbH
Pariser Str. 3
10719 Berlin
Deutschland
Telephone: 030-6040405-0
E-Mail: info@selection-prestige.de

Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under http://ec.europa.eu/odr.

We are willing to enter into dispute resolution proceedings before the consumer arbitration board.

Information regarding the conclusion of the contract: The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance with § 2 of our standard business terms (part I.).

Delivery conditions: 6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.6.3 For shipments whose delivery address is located outside the customs territory of the European Community, the risk of demolition, damage, seizure or loss during shipment passes over to the customer when the order leaves our warehouse, regardless of whether the shipment is insured or not.

Contractual language, saving the text of the contract: Contract language shall be English.

Legal Notice

Sélection Prestige GmbH
Pariser Str. 3
10719 Berlin
Germany

Tel  +49-30-6040405-20 (English only, Monday to Friday 1pm – 5pm (GMT))
Fax +49-30-6040405-11

E-Mail: info@selection-prestige.de

Managing director and authorised to representatives: Stefan Fabinger
Registration court: Amtsgericht Berlin-Charlottenburg
Registration number: HRB 97143 B
Sales tax identification number: DE 270449592

Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under http://ec.europa.eu/odr.

We are willing to enter into dispute resolution proceedings before the consumer arbitration board.

Liability for Content

We make every effort to keep the information on our Web site current, but accept no liability whatsoever for the content provided. Pursuant to §7 par. 1 of TMG (German Tele -Media Act), the law limits our responsibility as a service provider to our own content on these Web pages. According to §§8 to 10 of TMG, we are not obligated to monitor third party information provided or stored on our Web site. However, we shall promptly remove any content upon becoming aware that it violates the law. Our liability in such an instance shall commence at the time we become aware of the respective violation.

Liability for Links

Our site contains links to third-party Web sites. We have no influence whatsoever on the information on these Web sites an d accept no guaranty for its correctness. The content of such third -party sites is the responsibility of the respective owners/providers. At the time third -party Web sites were linked to ours, we found NO GROUNDS WHATSOEVER of any likely contravention of the law. We shall promptly delete a link upon becoming aware that it violates the law.

Copyrights

The content and works provided on these Web pages are governed by the copyright laws of Germany. Duplication, processing, distribution, or any form of commer cialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator.

Data Protection

Please be aware that there are inherent security risks in transmitting data, such as e- mails, via the Internet, because it is impossible to safeguard completely against unauthorized access by third parties. Nevertheless, we shall safeguard your data, subject to this limitation. In particular, personal information will be transmitted via the Interne t only if it does not infringe upon third -party rights, unless the respective party has given its prior consent in view of such security risks. Accordingly, as the Web site provider, we shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on our part. We oppose the use of any available contact information by a third party for sending unsolicited advertisements. As the Web site provider, we reserve the express right to take legal action against unsolicited mailing or e-mailing of spam and other similar advertising materials.

Right to cancel

You have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right to cancel, you must inform us [Sélection Prestige GmbH, Pariser Str. 3, 10719 Berlin, Germany, Tel: + 49 30-60404050, Fax +49 30-604040511. Email: info@selection-prestige.de] of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancelation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than –

(a) 14 days after the day we receive back from you any goods supplied, or

(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or

(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to our warehouse (Sélection Prestige, Wackenbergstr. 78-82, 13156 Berlin, Germany), without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. Sélection Prestige GmbH will not reimburse the return costs. But if you pay with PayPal you have the possibility to get a refund via this link https://www.paypal.com/de/webapps/mpp/refunded-returns/.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

These are the only conditions in which you can report a product return:

- Product (bottle) is not opened

- Labels on product are untouched and undamaged

- Product is send back in original packaging

Shipping

Shipping fee: Depending on country. The shipping fee is stated in our check out process.

To guarantee a safe delivery we only work with the logistics partners UPS and DHL.

Usually, after receipt of payment, delivery will take 3 to 5 weekdays, depending on location. For fast delivery, we recommend credit card payment.

Please note that, for organizational reasons, Selection Prestige GmbH may change logistics partners without informing you. Unfortunately, we are not always able to guarantee a delivery by UPS, if chosen by the customer. However, customers will only have to pay the costs of their chosen delivery option.

Payments methods 

Cash in advance/bank transfer

Your encoded personal data and information is transferred via the SSL connection to the server of your bank, where it is only accessible to selected employees. The access to sensitive data is logged to ensure transparent processing and to prevent data abuse. Please note: the items will be sent promptly after receipt of payment, provided that these are available on stock.

PayPal

PayPal is one of the most secure payment methods in e-commerce. PayPal stores and safeguards your card and bank details, enabling you to pay online without entering your sensitive financial information every time you shop. You speed through the checkout in just a few clicks. PayPal takes the payment from your card or bank directly, and your payment details are never shared on the internet. For more information on PayPal, please click here.

Credit card

We accept MasterCard, Visa, and American Express. To protect your credit card data, we use the 3D Secure security standard. This security measure tells both the bank and us that you are the rightful owner or user of the card. You will be asked to enter your password. The payment will only be accepted if the correct password is entered.

Credit card statements are carried out by:
Mollie B.V. Keizersgracht 126, 1015CW Amsterdam, Netherlands.

We offer payment methods that carried out by Mollie BV.

Any questions? Get in contact with us.