Terms of service
TERMS OF SERVICE
OVERVIEW
This website is operated by Aroga-Liquors GmbH, trading under the brand Maison Dieux Père®. Throughout the site and these Terms of Service, the terms “Maison Dieux Père®”, “we”, “us” and “our” refer to Aroga-Liquors GmbH.
Maison Dieux Père® offers this website, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of these Terms of Service and any additional policies referenced herein or available by hyperlink.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service. These Terms of Service apply to all users of the site, including browsers, customers, merchants, vendors and contributors of content.
Please read these Terms of Service carefully before accessing or using our website. If you do not agree to these Terms of Service, you may not access the website, use our Services or place an order.
Any new features, tools, products or Services added to the current store shall also be subject to these Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service by posting updates to our website. The version applicable at the time of your order shall apply to that order.
Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS AND AGE RESTRICTION
By using this website and/or placing an order, you confirm that you have the legal capacity to enter into binding contracts.
The sale and delivery of alcoholic beverages offered through this website is restricted to persons who are at least 18 years of age. By placing an order, you confirm that you are at least 18 years old and legally entitled to purchase alcoholic beverages in your jurisdiction.
We reserve the right to perform age verification checks before accepting an order, before dispatch and/or prior to delivery. Deliveries may only be handed over to persons who can prove that they are at least 18 years of age. If age verification cannot be successfully completed, if false age information is provided, or if there is reason to believe that the legal age requirement is not met, we may refuse, cancel, withhold or terminate the order and/or refuse delivery.
You may not use our products or Services for any illegal or unauthorized purpose. You may not, in the use of the Service, violate any applicable laws, including intellectual property laws. You must not transmit any worms, viruses, malware or any code of a destructive nature. A breach or violation of these Terms of Service may result in immediate termination of your access to the Service.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse, restrict, suspend or terminate access to the Service, customer accounts or orders where we determine that these Terms of Service, legal requirements, age restrictions, payment requirements, delivery restrictions, availability limits, resale restrictions, fraud prevention requirements, protection of brand integrity, prevention of unauthorized commercial resale, protection against abuse of the Service, or operational limitations are not met.
You understand that your content, excluding payment information, may be transferred unencrypted and may involve transmissions over various networks and technical changes to conform and adapt to requirements of connecting networks or devices. Payment information is encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We make reasonable efforts to ensure that information on this site is accurate, complete and current. However, information on this site is provided for general information only and may not always be exhaustive, current or free of errors.
Product information, availability, prices, delivery information, images, descriptions and other content may be updated, corrected, changed or removed at any time, subject to any binding contracts already concluded and mandatory legal requirements.
This site may contain historical information. Historical information is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time. We have no obligation to update information except where required by law.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. Such changes do not affect orders for which a contract has already been concluded.
We reserve the right to modify, suspend or discontinue the Service, or any part or content thereof, without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service, except where liability is mandatory under applicable law.
SECTION 5 - PRODUCTS AND SERVICES
Certain products or Services may be available exclusively online through the website and may be offered in limited quantities.
We reserve the right to limit the sales of our products or Services to any person, customer group, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit quantities, refuse orders, cancel orders, discontinue products or restrict availability, including where we determine that an order appears to violate legal requirements, age restrictions, delivery restrictions, availability limits, payment requirements, these Terms of Service, fraud prevention requirements, protection of brand integrity, prevention of unauthorized commercial resale, protection against abuse of the Service, or operational limitations.
We do not guarantee that any product, edition, batch, personalization, packaging element or Service will remain available at any time. All product descriptions, availability and prices are subject to change without notice, unless a binding contract has already been concluded. Any offer for any product or Service made on this site is void where prohibited by law.
We make reasonable efforts to display product descriptions, images, colors and other product information as accurately as possible. However, we cannot guarantee that your device’s display of any color, image, texture, material or finish will be accurate. Mandatory food and alcohol-related product information is provided on the relevant product page and/or product label.
Our products are produced, finished and/or assembled with a high degree of care. Certain elements may involve manual work, natural materials, artisanal finishing, individual assembly or production-related characteristics. For this reason, minor variations may occur between individual products and compared to product images, samples or digital previews. Such variations may include, without limitation, differences in color, texture, material appearance, surface finish, positioning, spacing, joints, adhesive points, fit, dimensions, packaging details or other handmade and material-related characteristics.
Such variations do not constitute a defect or a reduction in quality, provided they are reasonable, do not materially impair the intended use of the product and the product complies with the agreed product description and mandatory statutory requirements. Minor variations in fit or dimensions are acceptable only where they do not impair functionality, safety, closure, transport protection or the intended presentation of the product. Reasonable handmade and material-related variations are part of the individual character of a carefully crafted product.
Subjective expectations, personal taste preferences and individual perception of flavor, scent, texture, appearance or presentation do not constitute a defect, provided the product is safe, marketable, complies with the agreed product description and does not have an objective product defect. Statutory warranty rights and mandatory consumer protection rights remain unaffected.
SECTION 5A - CONTRACT FORMATION
The presentation of products in our online store does not constitute a legally binding offer, but an invitation to place an order. By submitting an order through the checkout process, the customer makes a binding offer to purchase the selected products.
After receipt of the order, the customer may receive an automatic order confirmation by email. This automatic order confirmation confirms that we have received the order, but does not constitute acceptance of the customer’s offer.
The contract is concluded only when we expressly accept the order or dispatch the ordered goods. We reserve the right to refuse acceptance of an order, including where legal requirements, age restrictions, delivery restrictions, availability limits, payment requirements, fraud prevention requirements, prevention of unauthorized commercial resale, operational limitations or these Terms of Service are not met.
SECTION 5B - RIGHT OF WITHDRAWAL
Consumers residing in the European Union may be entitled to a statutory right of withdrawal. Detailed information regarding the right of withdrawal, withdrawal conditions and the model withdrawal form can be found in our Withdrawal Policy.
The Withdrawal Policy forms a separate part of the customer information and is not replaced by these Terms of Service or by any Refund Policy. The right of withdrawal may be excluded for products that are made to the customer’s specifications or clearly personalized, as further described in our Withdrawal Policy.
SECTION 5C - RESPONSIBLE CONSUMPTION OF ALCOHOL
Our products contain alcohol and are intended exclusively for responsible consumption by adults of legal drinking age.
Alcohol should be consumed responsibly and in moderation. Excessive consumption of alcohol may be harmful to health and may impair judgment, coordination and the ability to operate vehicles, machinery or perform other activities requiring attention and control. Alcohol must not be consumed by minors, during pregnancy, before driving, while operating machinery, or where consumption is medically inadvisable.
Customers and recipients are solely responsible for their own lawful, responsible and moderate consumption of alcohol after purchase and delivery. We do not assume responsibility for any damage, injury, loss, accident, unlawful conduct or other consequences resulting from misuse, excessive consumption, irresponsible consumption, consumption by persons not legally entitled to consume alcohol, or conduct under the influence of alcohol, except where liability is mandatory under applicable law or where such liability arises from a breach of duty attributable to us.
SECTION 6 - BILLING, ACCOUNT AND ORDER INFORMATION
You agree to provide current, complete and accurate purchase, billing, delivery and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address, billing address, delivery address and payment information, so that we can complete your transactions and contact you as needed.
You are responsible for ensuring that all information provided in connection with your order is accurate and complete. This includes, in particular, age information, billing information, delivery information and contact details. We may refuse, limit or cancel orders if information provided by the customer is inaccurate, incomplete, misleading or cannot be verified.
We may limit or cancel quantities purchased per person, per household, per customer account, per payment method, per billing address or per delivery address. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, distributors, purchasing agents or other commercial intermediaries without our prior written approval. Unauthorized commercial resale, distribution or purchase for resale is prohibited without our prior written approval.
If we make a change to or cancel an order, we may attempt to notify you by contacting the email address, billing address and/or phone number provided at the time the order was made.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we do not monitor, control or have input.
You acknowledge and agree that access to such tools is provided “as is” and “as available”. We make no warranties, representations or conditions with regard to such tools, except where liability or warranty cannot be excluded under applicable law.
Any use by you of optional third-party tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider. We may offer new Services and/or features through the website in the future. Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content, accuracy, legality, availability, policies, products or Services. We do not assume liability or responsibility for third-party materials, websites, products or Services, except where mandatory liability applies.
Any transaction with third-party websites or providers is at your own risk and subject to the terms, policies and practices of the relevant third party. Complaints, claims, concerns or questions regarding third-party products or Services should be directed to the relevant third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send comments, feedback, ideas, suggestions, proposals, plans, creative materials or other submissions to us, whether at our request or without a request from us, you grant us a non-exclusive, worldwide, royalty-free right to use, reproduce, edit, publish, distribute, translate, adapt and otherwise exploit such submissions for business, product development, marketing, communication and operational purposes, unless otherwise agreed in writing or prohibited by law.
We are under no obligation to maintain such submissions in confidence, to pay compensation for such submissions, or to respond to such submissions, unless otherwise agreed in writing or required by law. This does not grant us the right to use your name, likeness, image, personal data or identifiable testimonial for public marketing purposes without any consent required by applicable law.
We may monitor, edit or remove content that we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, misleading, infringing or otherwise objectionable, or that violates any party’s rights or these Terms of Service.
You agree that your submissions will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your submissions will not contain unlawful, abusive or obscene material, or any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any submission.
You are solely responsible for any submissions you make and their accuracy. We assume no liability for submissions posted or provided by you or any third party, except where mandatory liability applies.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times, availability or other information.
We reserve the right to correct errors, inaccuracies or omissions, and to change or update information at any time. We may refuse, cancel or correct orders if information in the Service or on any related website is inaccurate, including after you have submitted your order, provided this is legally permitted.
Obvious pricing errors, product information errors or technical errors do not create an obligation to conclude or perform a contract where such obligation would not be required under applicable law. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except as required by law.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in unlawful acts;
(c) to violate applicable laws, regulations or ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate unlawfully;
(f) to submit false or misleading information;
(g) to upload or transmit viruses, malware or any other type of malicious code;
(h) to collect or track the personal information of others unlawfully;
(i) to spam, phish, pharm, pretext, spider, crawl or scrape;
(j) for any obscene or immoral purpose;
(k) to interfere with or circumvent the security features of the Service or any related website;
(l) to attempt to purchase alcoholic beverages while underage or on behalf of an underage person;
(m) to commercially resell, distribute, purchase for resale or otherwise commercially exploit our products without our prior written approval.
We reserve the right to terminate your use of the Service or any related website for violating any prohibited use.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure, error-free or permanently available. We do not warrant that the results obtained from the use of the Service will be accurate or reliable. We may remove, suspend or cancel the Service, or parts of it, for indefinite periods of time or at any time, without notice to you.
The Service is provided “as is” and “as available”, except as expressly stated by us or required by applicable law. To the maximum extent permitted by applicable law, we shall not be liable for indirect, incidental, special, punitive or consequential damages, including lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages arising from your use of the Service or products procured through the Service.
We shall not be liable for damages, injuries, losses, accidents or other consequences resulting from misuse of our products, excessive or irresponsible alcohol consumption, unlawful conduct, failure to follow legal restrictions or warnings, or actions taken under the influence of alcohol, unless such liability arises from a mandatory legal obligation or from a breach of duty attributable to us.
Nothing in these Terms of Service shall exclude or limit our liability for damages arising from injury to life, body or health, for intentional or grossly negligent breaches of duty, for fraudulent concealment of a defect, for guarantees expressly given by us, or for claims under mandatory product liability laws. Nothing in these Terms of Service shall exclude or limit any statutory rights that cannot be excluded or limited under applicable law, including statutory warranty rights and mandatory consumer protection rights.
In cases of slight negligence, we shall only be liable for breaches of essential contractual obligations. Essential contractual obligations are obligations whose fulfilment is necessary for the proper performance of the contract and on whose compliance the customer may regularly rely. In such cases, our liability shall be limited to the foreseeable, typical damage, unless mandatory law provides otherwise.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Aroga-Liquors GmbH, trading under the brand Maison Dieux Père®, and our affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers and employees from and against claims, demands, damages, losses, liabilities, costs and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of your culpable breach of these Terms of Service, your violation of applicable law, your misuse of the Service, your unauthorized commercial resale or distribution of our products, or your violation of the rights of a third party, to the extent legally permitted.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is found to be invalid, unlawful or unenforceable, the validity and enforceability of the remaining provisions shall not be affected. The invalid, unlawful or unenforceable provision shall be replaced by the applicable statutory provision, where legally required or appropriate.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to termination shall survive the termination of this agreement where legally applicable. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by ceasing to use our site or notifying us that you no longer wish to use our Services.
If you fail, or if we reasonably suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement, cancel pending orders, refuse future orders and/or deny you access to our Services. You will remain liable for all amounts due up to and including the date of termination.
SECTION 17 - ENTIRE AGREEMENT
The failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the agreement between you and us regarding your use of the Service and any purchase made through the Service, unless mandatory law provides otherwise.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party where such rule is legally permitted.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Germany.
If you are a consumer residing in another member state of the European Union, mandatory consumer protection provisions of your country of residence shall remain unaffected.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes to our website.
The version of the Terms of Service applicable at the time of your order shall apply to that order.
SECTION 20 - CONTACT INFORMATION
Terms of Service related questions should be sent to concierge@dieuxpere.com
Aroga-Liquors GmbH
Trading as Maison Dieux Père®
Address: Zu den Wiesen 59A, 47269 Duisburg, Germany
Commercial Register: Amtsgericht Essen, HRB 31043
VAT ID: DE330882940
