Returns & withdrawal

Exclusion of the Right of Withdrawal for Alcoholic Beverages

The right of withdrawal does not apply to contracts for the delivery of alcoholic beverages, as these are considered food products. Returns or withdrawals are excluded, regardless of whether the goods are sealed, unopened or undamaged. This applies in particular for reasons of health protection, hygiene and food safety. The return or exchange of delivered alcoholic beverages is excluded.

It is further noted that, pursuant to Section 312g (2) Nos. 2 and 3 of the German Civil Code (BGB), no right of withdrawal exists for the delivery of goods:

  • which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
  • which are liable to perish quickly or whose expiry date would soon be exceeded.

As food products, alcoholic beverages fall within these categories of goods.

Furthermore, pursuant to Section 312g (2) No. 5 BGB, the right of withdrawal is excluded if alcoholic beverages are supplied as part of an individual order, limited edition, special bottling or personalized configuration.

For reasons of product safety, compliance with food law regulations and consumer protection, the return, exchange or refund of alcoholic beverages is generally excluded. This also applies if the goods are unopened, in their original packaging or externally undamaged.

Statutory warranty claims in the event of a proven defect pursuant to Sections 434 et seq. BGB remain unaffected. In such cases, there is no entitlement to a refund, but only to subsequent performance in accordance with the statutory provisions.