General Terms and Conditions with Customer Information

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Redemption of Gift Vouchers
10. Applicable Law
11. Jurisdiction
12. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Brausturm Bierverlag GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods displayed in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to unless otherwise agreed.

1.2 For contracts concerning the delivery of vouchers, these GTC apply accordingly, unless otherwise specifically stipulated.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their trade, business, or profession.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve for the submission of a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. By placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 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, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after placing the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time one of the alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within this period, this constitutes a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, payment is 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 pays via a payment method offered by PayPal selectable in the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button concluding the ordering process.

2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., e-mail, fax, or letter) after the Customer submits their order. Any further provision of the contract text by the Seller does not take place. If the Customer has created a user account in the Seller’s online shop before submitting their order, the order data is archived on the Seller’s website and can be accessed free of charge by the Customer via their password-protected user account by entering the relevant login data.

2.6 Before submitting the binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. A useful technical means for better recognition of input errors can be the browser’s magnification function, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 The contract language available is German.

2.8 Order processing and contacting usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, the Customer must ensure, when using SPAM filters, that all e-mails sent by the Seller or by third parties commissioned with order processing by the Seller can be delivered.

2.9 When ordering alcoholic beverages, the Customer confirms by submitting the order that they have reached the legally required minimum age.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s cancellation policy.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, the stated prices are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 The payment options are communicated to the Customer in the Seller’s online shop.

4.3 If advance payment by bank transfer is agreed, payment is due immediately after the conclusion of the contract unless the parties have agreed on a later due date.

4.4 If the “Sofortüberweisung” payment method is selected, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter “Klarna”). In order to pay the invoice amount via “Sofortüberweisung,” the Customer must have an online banking account activated for participation in “Sofortüberweisung,” identify themselves during the payment process, and confirm the payment instruction. The payment transaction is then carried out immediately by Klarna, and the Customer’s bank account is debited. Further information on the “Sofortüberweisung” payment method can be accessed by the Customer online at https://www.klarna.com/sofort/.

4.5 If the Customer selects a payment method offered via the “Mollie” payment service, payment is processed by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: “Mollie”). The specific payment methods offered via Mollie will be communicated to the Customer in the Seller’s online shop. For payment processing, Mollie may use other payment services for which special terms may apply, of which the Customer will be separately informed if applicable. Further information on “Mollie” is available online at https://www.mollie.com/de/.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery is made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address provided by the Customer in the order processing is decisive.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller. This does not apply with respect to the shipping costs if the Customer effectively exercises their right of withdrawal. For the return shipping costs in the event of effective exercise of the right of withdrawal, the provisions in the Seller’s cancellation policy apply.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to the Customer as soon as the Seller has delivered the goods to the carrier, freight forwarder, or other person or institution designated to execute the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods generally passes to the Customer or a person entitled to receive the goods only upon delivery. Notwithstanding this, the risk already passes to the Customer if the Seller has delivered the goods to the carrier, freight forwarder, or other person or institution designated to execute the shipment and the Customer has commissioned this person or institution and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

- by e-mail

6) Retention of Title

If the Seller delivers in advance, they retain ownership of the delivered goods until full payment of the purchase price owed.

7) Liability for Defects (Warranty)

Unless otherwise provided, the statutory provisions on liability for defects apply. For contracts for the delivery of goods, the following applies:

7.1 If the Customer acts as an entrepreneur,

• the Seller has the choice of the type of supplementary performance;
• the limitation period for claims for defects in new goods is one year from delivery of the goods;
• the rights for defects in used goods are excluded;
• the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.

7.2 If the Customer acts as a consumer, the following applies to contracts for the delivery of used goods: the limitation period for claims for defects is one year from delivery of the goods if expressly agreed separately in the contract and the Customer was specifically informed of the shortening of the limitation period prior to submitting their contractual declaration.

7.3 The above-mentioned limitations of liability and reduction of limitation periods do not apply

• to claims for damages and reimbursement of expenses by the Customer,
• if the Seller fraudulently concealed the defect,
• to goods which have been used for a building in accordance with their normal use and have caused its defectiveness,
• to any obligation of the Seller to provide updates for digital products in contracts for the supply of goods with digital elements.

7.4 In addition, for entrepreneurs the statutory limitation periods for any existing statutory recourse claims remain unaffected.

7.5 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to examine and give notice of defects pursuant to Section 377 HGB (German Commercial Code). If the Customer fails to comply with the notification obligations regulated there, the goods shall be deemed approved.

7.6 If the Customer acts as a consumer, they are requested to complain to the deliverer about goods with obvious transport damage and inform the Seller thereof. Failure to do so has no effect on the Customer’s statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation for any legal reason

• in the event of intent or gross negligence,
• in the event of willful or negligent injury to life, body, or health,
• on the basis of a guarantee promise, if not otherwise regulated in this respect,
• on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable, typical damage for the contract, unless unlimited liability applies pursuant to the above clause. Essential contractual obligations are obligations which the contract imposes on the Seller according to its content to achieve the contractual purpose, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the Customer may regularly rely.

8.3 Otherwise, liability of the Seller is excluded.

8.4 The above liability provisions also apply with regard to the Seller’s liability for their vicarious agents and legal representatives.

9) Redemption of Gift Vouchers

9.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter “Gift Vouchers”) can only be redeemed in the Seller’s online shop unless otherwise stated on the voucher.

9.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year following the year of purchase. Remaining balances will be credited to the Customer until the expiration date.

9.3 Gift Vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

9.4 Only one Gift Voucher can be redeemed per order.

9.5 Gift Vouchers can only be used for the purchase of goods and not for the purchase of further Gift Vouchers.

9.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

9.7 The balance of a Gift Voucher will not be paid out in cash nor will it bear interest.

9.8 The Gift Voucher is transferable. The Seller may perform with discharging effect to the respective holder redeeming the Gift Voucher in the Seller’s online shop. This does not apply if the Seller is aware or grossly negligently unaware of the lack of authorization, incapacity, or lack of power of representation of the respective holder.

10) Applicable Law

All legal relations between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11) Jurisdiction

If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law domiciled within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s place of business. If the Customer is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims from the contract can be attributed to the Customer’s professional or commercial activity. In the above cases, however, the Seller is always entitled to appeal to the court at the Customer’s place of business.

12) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.