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Terms and Conditions

Terms and Conditions - Updated: 31.05.2022

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. Subscription Contracts

1. commencement of subscription contracts:

Beer subscriptions generally begin on the next available issue, unless a later date was specified when the order was placed. 

2. payment & price increases for subscription contracts

The customer is obliged to pay the stated price on a monthly basis. In the case of beer subscriptions with a fixed term and beer subscription gift vouchers, the respective amount shall be paid in advance from the conclusion of the contract. In the case of beer subscriptions, the seller shall be entitled to increase the price appropriately after the expiry of a minimum term. The seller must inform the customer of this within a reasonable period of time and expressly give the customer the opportunity to object and terminate the contract; in the event of an objection, the seller shall also be entitled to terminate the subscription at short notice with a period of notice of 5 working days. 

3. subscription period and termination of subscription contracts

a) The contract for the monthly supply of a beer subscription is concluded either for an indefinite period or with a fixed contract term. Beer subscriptions may have fixed (for example 3, 6 or 12 months) or flexible terms. The customer selects the contract term and the type of subscription in the ordering process. 

b) Both parties may terminate the supply of the beer subscription without giving reasons until the last day of the previous month at the end of the term of the subscription contract. Agreed contract periods must be observed in this respect. In the case of a flexible subscription, this termination may be effected by either party with a notice period of 5 days without stating reasons.  

c) The right to terminate for good cause remains unaffected.

d) Cancellations require at least the type and form used between the parties at the time of conclusion of the contract in order to be effective. 

e) The cancellation of a subscription with an indefinite term can currently be cancelled, among other things, via the customer account under the option: "My Beer Subscription" and selection of the corresponding subscription by clicking on "Cancel". In addition, the cancellation can be made by e-mail to onlineshop@beyondbeer.de.

10. Bonus Points Programme („Beyond Beer Club“)

1. registration:

1.1 Participation in the bonus points programme ("Beyond Beer Club") does not require separate registration. However, it is a prerequisite that the customer sets up a free customer account in which the collected bonus points are stored. Upon successful creation of the customer account, the customer automatically participates in the bonus points programme ("Beyond Beer Club") of the Provider.

1.2 The customer can set up his customer account using the online form provided by the Provider for this purpose. Sending the registration data constitutes the customer's offer to conclude a contract of use, which the Provider may accept, but is not obliged to accept. The Provider may accept the Customer's offer within 48 hours of receipt of the application by means of an electronically transmitted registration confirmation or by activating the Customer's account. If the Provider does not accept the Customer's contractual offer within the aforementioned period, this shall be deemed to be a rejection of the offer.

1.3 The data requested during registration must be provided by the customer completely and correctly. The customer is obliged to keep this data up to date at all times. As a matter of principle, the Provider does not check the transmitted data for correctness and completeness.

1.4 Each customer may only set up one customer account for himself. His entitlement to participate in the bonus points programme ("Beyond Beer Club") applies only to him personally and is not transferable. This also applies to bonus points collected by the customer.

2. collecting bonus points

2.1 When ordering certain goods specially marked by the Provider within the framework of the bonus points programme ("Beyond Beer Club") via the Provider's online shop, customers will receive bonus points credited to their customer account. The crediting takes place automatically as soon as the order with the supplier has the status "paid", but at the latest 14 days after sending the order.

2.2 Bonus points are only ever credited to the customer account through which the order was placed. It is not possible to transfer bonus points to other customer accounts in the Provider's online shop.

2.3 Unless otherwise stated, the customer receives 1 bonus point for each full euro of the gross order value. One bonus point corresponds to € 0.03. Any additional shipping costs will not be taken into account. In the case of special promotions (e.g. other vouchers), bonus points may also be credited to a different extent, which will be specifically communicated to the customer in the context of the promotion concerned.

2.4 If a contract is reversed (e.g. due to cancellation, annulment, rescission, etc.), no bonus points will be credited for the contract in question. If bonus points have already been credited for the contract in question, the corresponding points credit will be subsequently deducted from the customer's credit account. The same applies in the event of incorrect bookings by the Provider.

2.5 The Provider reserves the right to temporarily suspend its bonus points programme ("Beyond Beer Club") or to change the modalities for this if other benefits or discounts are granted or if goods are offered as part of special promotions or special events.

 

3. redemption of bonus points

3.1 Bonus points can only be redeemed in the Provider's online shop and only for the articles designated for this purpose by the Provider at the point values notified by the Provider in each case.

3.2 The redemption of bonus points is carried out according to priority, i.e. the bonus points acquired first are redeemed first.

3.3 Bonus points can only be redeemed before the completion of an order process by entering the generated bonus points. Subsequent offsetting against an already completed purchase is not possible.

3.4 If the points value is not sufficient to cover the purchase price, one of the other payment methods offered by the Provider can be selected to settle the difference.

3.5 The points balance is neither paid out in cash nor does it earn interest.

3.6 Bonus points are not transferable and can only be redeemed by the holder of the corresponding customer account.

 

4. Saving of bonus points

4.1 The customer's bonus points are saved in the customer account and can be viewed by the customer at any time via his customer account.

4.2 Objections to the correctness or completeness of the stored points balance must be made by the customer to the Provider in text form within one month of becoming aware of them. If the customer fails to raise any objections within the aforementioned period, this shall be deemed to be approval of the stored points balance.

 

5. Termination of the customer account

5.1 The user contract (and thus also the contract for participation in the bonus points programme ("Beyond Beer Club") is concluded for an indefinite period and may be terminated by the customer at any time without observing a period of notice. The Provider may terminate the contract by giving four weeks' notice.

5.2 The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period. 

5.3 The termination can be made in writing, in text form or on the part of the customer also by deleting his customer account.

5.4 If the customer terminates his customer account with immediate effect, the bonus points collected by the customer shall expire without the Provider having to pay any compensation.

5.5 If the contract is terminated by the Provider, the Customer shall be given the opportunity to redeem his collected bonus points in accordance with the above provisions until the termination of the user contract, unless the Customer has culpably given cause for termination for good cause.

 

6 Termination of the bonus points programme ("Beyond Beer Club")

6.1 The Provider reserves the right to terminate the bonus points programme ("Beyond Beer Club") subject to observance of a reasonable period of notice or, in the event of good cause, without observance of such a period of notice, taking into account the justified interests of the customer.

6.2 If the bonus points programme ("Beyond Beer Club") is discontinued by the Provider, the Customer may redeem the bonus points collected up to the time of discontinuation in accordance with the above provisions within a period of four weeks from the announcement of the discontinuation. Otherwise, the collected bonus points will expire without the Provider having to pay any compensation. 7.

 

7. Expiry of the Bonus Points

Accumulated bonus points within the framework of the bonus points programme ("Beyond Beer Club") shall expire at the end of 24 months after the acquisition of the respective bonus points. All bonus points that have not been redeemed within 24 months of receipt shall expire without replacement.

 

8. reservation of right to change

8.1 The Provider reserves the right to change the content of its bonus points programme ("Beyond Beer Club") and/or these General Terms and Conditions at any time without stating reasons, unless this is unreasonable for the Customer. The Provider shall notify the Customer of such changes in text form in due time. If the customer does not object to the changes within a period of four weeks after notification, the changes shall be deemed accepted by the customer. In the notification, the Provider shall inform the customer of his right of objection and the significance of the objection period. If the customer objects to the changes within the aforementioned period, the contractual relationship shall continue to exist under the original conditions.

8.2 The Provider furthermore reserves the right to change the content of its bonus points programme ("Beyond Beer Club") and/or these GTC, 

- insofar as he is obliged to do so due to a change in the legal situation;

- insofar as he thereby complies with a court ruling or an official decision directed against him

complies with;

- if the change is merely advantageous for the customer; or

- if the change is purely technical or procedural, unless it has a significant impact on the customer.

material impact on the customer.

 

8.3 The customer's right of termination shall remain unaffected by this

 

11. 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 4102 77 89 586, 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.

12. 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 4102 77 89 586, 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.

13. 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 4102 77 89 586
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 

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

15. 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.