Terms and Conditions

Terms and Conditions - Updated: 13.08.2016

1. Conclusion of contract

1. The presentation of the products in our online shop does not constitute a legally binding offer, but rather a non-binding online catalog. By placing your order you submit an offer to us to conclude a corresponding contract with you. You are bound to your offer for a period of two working days. Within this period, we can declare the acceptance of your offer, which is subject to successful completion of the payment process according to Paragraph 3, execution of the order, or confirmation of the order in writing. An automated email sent by us confirming the receipt of your order is not an acceptance for the purposes of a contract.

2. If advance payment has been agreed, the contract is concluded after receipt of payment and delivery of the ordered goods. We do not make any reservation of goods ordered by advance payment. If the goods on receipt of payment are no longer in stock or sold out, we will inform you about this immediately and offer you a refund or a change to your order.

3. Depending on the chosen method of payment you may previously come to a conclusion of a contract:
a) Payment by credit card - conclusion of contract at the time of the credit card debit
b) Payment by PayPal chosen - Contract at the time of confirmation of your payment by PayPal
c) Payment by Sofortüberweisung - conclusion of contract at the time of confirmation of your payment by SOFORT AG
d) Payment by Giropay - Contract at the time of confirmation of your payment by your bank

4. Contract languages are German and English

5. Our offer is subject to supply. If the ordered goods are not available for reasons that were unforeseeable for us at the conclusion of the contract and we are not supplied by a supplier through no fault of our own, then we have the right to release ourselves from the contract. In this case, we will inform you immediately that a delivery is not possible, and immediately reimburse you the paid purchase price. This right applies to consumers persuant to the law § 13 of the German Civil Code only covers specific transactions that we were not supplied by the supplier without our own fault.

6. General terms and conditions of the customer are not part of the contract, unless their validity is expressly agreed.

2. Minimum age of the customer

1. If you are a consumer persuant to law § 13 of the German Civil Code, you must be at least the age of 18. No contract is concluded with anyone under the age of 18. We are entitled to have your age proven in a suitable manner before conclusion of the contract or before delivery of the goods.

2.  If we learn after the conclusion of the contract that you have not reached the age of 18, we are entitled to rescind the contract.

3. Storage of the contract and correction of input data

1. The text of the contract will not be stored by us and can not be retrieved after completion of the ordering process.

2. You can print out the order data immediately after placing the order and additionally you will receive an order confirmation by email.

3. Data entered during an order process can be corrected before sending the order via the back button of your browser. Furthermore, there is a possibility of correction when this is explicitly indicated on the respective page of our shop.


4. Delivery
We are entitled to provide partial deliveries if a contract for the delivery of several items has been concluded and it is possible and reasonable for you to use the articles individually according to their purpose and is recognizable upon conclusion of the contract.

5. Transfer of risk upon delivery 

1. Provided you are a company purchasing goods according to law § 14 of the German civil code, the liability of accidental loss and accidental deterioration of the purchased goods during the delivery process lies with the person or company who takes over the delivery of the item.

2. If the shipment is delayed at your request, the liability referred to in paragraph 1 passes to you given that there has been notification the shipment being ready for shipment.

6. Retention of title

Until the final and complete payment of the invoice, the delivered goods remain our property.

7. Warranty 

1. You are entitled to the statutory claim if you are a consumer persuant to law § 13 of the German civil code.
2. If you purchase goods as a company persuant to the law § 14 of the German civil code, the limitation period for warranty claims is one year. The choice of remedy is up to us and in compliance with statutory limits.


8. Liability

1. Our liability is based on the statutory provisions, unless otherwise agreed below.

2. In the case of a simple negligent breach of essential contractual obligations, our liability is limited in amount to the foreseeable and contractually typical damages. Essential contractual obligations are those which fulfillment makes the proper execution of the contract possible in the first place and on whose observance the customer must regularly rely upon. 

3. The period of limitation for claims under paragraph 2 of purchasers who are contractors persuant to § 14 of the German civil code, is one year.
4. Our liability for the simple negligent violation of minor contractual obligations is excluded.
5. Paragraphs 2, 3 and 4 shall not apply to claims arising from injury to the body, health or life, malicious action, assumption of a guarantee or claims under the Product Liability Act.

9. Termination of Subscription Contracts

You can cancel the contract for a 5-day subscription delivery of products without giving a reason.

10. Cancellation policy for non-recurring orders

1. Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of withdrawal, you must contact: Brausturm Bierverlag GmbH,
Eduardstraße 48, 20257 Hamburg, Phone: +49 (0) 40 - 81955651, Fax: 040 81955693, Email: onlineshop@beyondbeer.de, by means of a clear statement (eg a letter sent by post, fax or e-mail ) about your decision to withdraw from this contract. You can use the attached model withdrawal form at the bottom of this page, which is not required.

In order to maintain the right to withdrawl It is necessary that you send the notice of your exercise of the right to withdrawal before the expiry of the withdrawal period.

2. Consequences of the cancellation

If you withdraw from this agreement and we have all payments we have received from you, including delivery charges (except for additional costs arising from you choosing a different type of delivery than the most favorable standard delivery we offer) the payemts must repaid immediately and at the latest within fourteen days from the date on which we have received notice of your cancellation. For this repayment we will use the same means of payment that you used in the original transaction, unless otherwise agreed upon by you; In no case will you be charged for repayment fees. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods to us immediately and not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is respected if you send the goods before the expiry of the period of fourteen days. You bear the immediate costs of returning the goods. You only have to pay for any loss of value of the goods, if this loss of value is due to handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.

11. Cancellation policy for subscription contracts

1. Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the first goods.

To exercise your right of withdrawal, you must contact us, Brausturm Bierverlag GmbH,
Eduardstraße 48, 20257 Hamburg, Telefon: +49 (0)40 - 81955651, Fax: 040 81955693, Email: onlineshop@beyondbeer.de, by means of a clear statement (such as a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form at the bottom of this page, which is not required. In order to maintain the right to withdrawl It is necessary that you send the notice of the exercise of the right to withdrawal before the expiry of the withdrawal period.

2. Consequences of the cancellation

If you withdraw from this agreement and we have all payments we have received from you, including delivery charges (except for additional costs arising from you choosing a different type of delivery than the most favorable standard delivery we offer) the payemts must repaid immediately and at the latest within fourteen days from the date on which we have received notice of your cancellation. For this repayment we will use the same means of payment that you used in the original transaction, unless otherwise agreed upon by you; In no case will you be charged for repayment fees. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods to us immediately and not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is respected if you send the goods before the expiry of the period of fourteen days. You bear the immediate costs of returning the goods. You only have to pay for any loss of value of the goods, if this loss of value is due to handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.

12. Sample withdrawal form

Model withdrawal form
(If you want to revoke the contract, please fill out this form and send it back.)

TO
Brausturm Bierverlag GmbH
Eduardstraße 48
20257 Hamburg GERMANY

Telefon: +49 (0)40 - 81 95 56 51 
Fax:        +49 (0)40 - 81 95 56 93
Email: onlineshop@beyondbeer.de,
–   

I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
- Ordered on (*) / received on (*)
- name of the customer (s)
- address of the customer (s)
- Signature of the customer (s) (only when notified on paper)
- date

(*) Please delete as appropriate 

13. Platform for extrajudicial dispute resolution
The EU Commission has provided a platform for out-of-court settlement at http://ec.europa.eu/consumers/odr/.

14. Final provisions

Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, the remaining provisions shall remain unaffected unless, by the removal of individual clauses, a contracting party would be so unreasonably disadvantaged that it can no longer reasonably be expected to adhere to the contract.

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