1 Scope, subject matter and conclusion of the respective contract

1) The following terms and conditions conclusively regulate the contractual relationship between UNKNOWN Lands, u.now UG (haftungsbeschränkt), represented by the managing director Sebastian Panneck, Karl-Marx-Str. 165, D-12043 Berlin, hereinafter referred to as "Seller", and the respective customer.

2) These General Terms and Conditions apply exclusively. Any terms and conditions of the customer that conflict with or deviate from these terms and conditions shall not be recognized unless the seller has expressly agreed to them in individual cases.

3) They apply both to consumers and to entrepreneurs. A consumer within the meaning of these GTC is any natural person who places an order for purposes that cannot be attributed primarily to their commercial or independent professional activity. For the purposes of these GTC, an entrepreneur is a natural or legal person or a partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when placing an order.

4) The subject of the respective contract is the sale of goods by the seller to the customer.

5) The offers provided by the seller on its website are binding offers to conclude a purchase contract. An effective purchase contract between the parties is concluded when the buyer clicks on "Pay now" at the end of the order process. In the case of goods that are subject to age restrictions, a purchase contract is only concluded subject to the condition precedent that the customer meets the age requirements. The seller is entitled to request appropriate proof of age.

6) The text of the contract and the General Terms and Conditions will be sent to the customer by e-mail after the order has been placed.

7) The contract shall be concluded exclusively in German. German law shall apply if the customer is a merchant.

8) All prices quoted are gross prices in euros.

2 Processing of the purchase contract, shipping costs

1) The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2) The customer can submit the offer via the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

3) The seller may accept the customer's offer within five days,

by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or

by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or

by requesting payment from the customer after the order has been placed.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

4) Business customers have the option of placing orders by telephone, e-mail or in person on site.

5) If the payment method "PayPal Express" is selected, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the payment method during the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the order process. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button concluding the order process.

6) If the payment method "Amazon Payments" is selected, payment is processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, he also places a payment order with Amazon by clicking the button that concludes the order process. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button concluding the order process.

7) Further payment options via our online store are Klarna (purchase on account & immediate transfer), Apple Pay, Google Pay, Shop Pay (formerly Shopify Payments), credit card and invoice. If you have any further questions about the aforementioned payment providers, in particular questions about data processing and other data protection issues, please refer to our data protection information at (LINK).

7) When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer's order has been sent. The seller will not make the text of the contract available beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data is archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.

8) Before submitting a binding order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. Customers can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that concludes the ordering process.

9) Only the German language is available for the conclusion of the contract.

10) Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

11) When ordering alcoholic beverages, the customer confirms by sending the order that he has reached the legally required minimum age.

12) The seller is entitled to withdraw from the contract if he does not receive the object of performance despite the prior conclusion of a corresponding purchase contract; the seller's liability for intent or negligence remains unaffected. In this case, the Seller shall immediately inform the Buyer of the non-availability and immediately refund any consideration already paid. In this case, the seller reserves the right to offer goods of an equivalent price and quality with the aim of concluding a new contract for the purchase of goods of the same price and quality.

13) The customer shall inspect the ordered goods immediately after delivery, insofar as this is a mutual commercial transaction within the meaning of the German Commercial Code. This applies in particular with regard to the completeness of the goods and their respective functionality. The seller must be notified immediately of any defects that are discovered or are readily identifiable. A detailed description of the defect must be enclosed. If the Buyer fails to notify the Seller, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection.

14) Defects in the goods which cannot be detected in the course of a proper inspection in accordance with paragraph 5 must be reported to the seller immediately after their discovery, insofar as it is a mutual commercial transaction; otherwise the goods shall be deemed to have been approved even in view of this defect.

4 Delivery and shipping conditions

1) The delivery of goods shall be made by dispatch to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Notwithstanding this, if the payment method PayPal is selected, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.

2) If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of revocation, the provision in the seller's revocation instructions shall apply to the return costs.

3) Self-collection is not possible for logistical reasons.

3 Warranty and liability

1) The seller is generally liable for defects in the goods in accordance with the statutory provisions of the law on the sale of goods (§§ 434 ff. BGB) and - if the customer is a consumer - the law on the sale of consumer goods (§§ 474 ff. BGB), unless otherwise stipulated in these GTC.

2) If the customer is an entrepreneur, the warranty period for the rights arising from § 437 No. 1 and No. 3 BGB for new items is one year from the start of the statutory limitation period, in deviation from § 438 Para. 1 No. 3 BGB. For consumers, the statutory warranty period of two years applies in the case of § 438 Para. 1 No. 3 BGB.

3) If the customer is an entrepreneur, the warranty for used items is excluded. With regard to consumers, the warranty period for the rights arising from § 437 No. 1 and No. 3 BGB shall be shortened to one year from the start of the statutory limitation period for used items, in deviation from § 438 Para. 1 No. 3 BGB.

4) The seller is generally not liable for damages caused by slight negligence.

5) The limitations of liability according to the preceding numbers 2, 3 and 4 do not apply to damages resulting from injury to life, body or health, in the event of fraudulent concealment of defects, claims under the Product Liability Act, in the event of intent and gross negligence and in the event of breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.

4 Retention of title, transfer of risk

1) The delivered goods remain the property of the seller until full payment has been made.

2) If the customer is an entrepreneur, the risk is transferred to the entrepreneur when the goods are handed over to the transport company. In the case of consumers, the risk is only transferred when the goods are handed over to the customer.

5 Default and default costs

1) The customer who is not a consumer shall be in default if he has not made payment within 30 days of the due date.

2) Consumers shall also be in default within 30 days of the due date if they are informed of this consequence in the invoice or request for payment.

3) The seller is entitled to charge the customer a flat-rate reminder fee of €2.50 for each reminder. The customer is permitted to prove that no or only minor damage has been incurred. The assertion of further reminder costs is expressly reserved.

6 further dealer regulations

The buyer is responsible for the proper storage of the spirits.

Spirits must be stored properly in accordance with the recommendations of UNKNOWN Lands:

Store in a cool place below 20 degrees Celsius (not in the refrigerator or freezer)

Be protected from sunlight

Close open bottles tightly

Store bottles upright

UNKNOWN Lands recommends a maximum storage period of 4-6 weeks after opening the spirits.

The buyer bears the burden of proof of proper storage.

After opening and/or prolonged storage, changes in taste and color may occur.

If the customer orders a special production of spirits, the taste approval is binding accordingly (custom made).

An acceptable taste variance can occur with different batches (batches and production units).

For larger order quantities or individually ordered products, the production time is 4 - 8 weeks from order placement. It is then no longer possible to withdraw from the contract. In the event of a production error (e.g. due to an error in the distillation process), the customer must expect a production time of a further 4-8 weeks. However, the customer's subjective perception of taste is not decisive for this.

Delivery times are estimates and may be delayed due to the complex production process. This does not give rise to any right of recourse.

The return of custom-made products and individually manufactured products is excluded.

For large quantities and custom-made products, the down payment is at least 50% - 75 % by agreement or prepayment.

Redemption or repurchase is excluded.

The producer (distillery) is responsible for any recourse claims due to the product content.

Commission agreement. Goods remain the property of u.now. The retailer is independently responsible for reporting the sale (monthly, unless otherwise agreed), whereupon u.now issues an invoice.

Shipping costs are generally borne by the buyer, unless otherwise agreed.

7 Final provisions

The contracts concluded between UNKNOWN Lands and the customer are subject to the substantive law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

If the customer is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany, the parties agree that UNKNOWN Lands's registered office shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction shall remain unaffected by this.

UNKNOWN Lands is entitled to amend these GTC for objectively justified reasons (e.g. changes in case law, the legal situation, market conditions or business or corporate strategy) and subject to a reasonable period of notice. Existing customers will be notified of this by e-mail at least two weeks before the change comes into effect. If the existing customer does not object within the deadline set in the notification of change, their consent to the change shall be deemed to have been granted. In the event of an objection, u.now is entitled to terminate the contract extraordinarily at the time the change comes into effect. The notification of the intended amendment to these terms of use will refer to the deadline and the consequences of the objection or its absence.

If general terms and conditions have not become part of the contract in whole or in part or are ineffective, the rest of the contract shall remain effective. Insofar as the provisions have not become part of the contract or are invalid, the content of the contract shall be governed by the statutory provisions.