General terms and conditions (GTCS) and consumer information of Insel-Brauerei

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(valid as of 08/2018)  

§ 1 Scope; Youth Protection

1.1 These Terms and Conditions ("GTCs") of "Rügener Insel-Brauerei GmbH Expedition ins Bierreich" (hereinafter "Seller" or "Insel-Brauerei") apply to all contracts which the customer concludes with the Seller with regard to goods, products, and/or services displayed in the Seller's online shop. Hereby the inclusion of the customer's own conditions is excluded, unless there is an agreement to the contrary.

1.2 Customers within the meaning of paragraph 1.1 are consumers as well as entrepreneurs, wherein a consumer is a natural person who concludes a legal transaction for their own purpose, which can neither be attributed to their commercial, nor to their independent professional activity. An entrepreneur, on the other hand, is a natural or legal person or a partnership with legal capacity, exercising their own independent professional or commercial activity when concluding a legal transaction.

1.3 Selling liquor or alcoholic beverages to persons under 18 year is prohibited according to Sect. 9 of the law for the protection of the children and the youth [Jugendschutzgesetz]. By making a potential order according to § 2 of the GTCs, the customer declares expressly to be at least 18 years old.

§ 2 Contract Conclusion; Information on Ordering Goods

2.1 The products displayed in the Seller's online shop are provided for the customer to make a legally binding offer.

2.2 The customer can order goods via telephone, e-mail, and on the Seller's website.  For ordering goods on the website, the customer logs on by means of an account and can then select from the portfolio of Insel-Brauerei and collect the items in a so-called shopping cart using the "shopping cart" button. By clicking the order button, the customer makes a binding order of the goods contained in the shopping cart. The customer is bound to the order for two (2) weeks after making an order; their consumer right according to Sect. 4 to cancel an order, if applicable, remains unaffected. By means of the application, the customer accepts the GTCs. The same applies to orders via e-mail.

2.3 We will immediately send you an e-mail confirmation of the receipt of your order made in our online shop. Such an e-mail does not yet constitute a binding acceptance of the order, unless the acceptance is declared along with the confirmation of the receipt.

A contract is only concluded once we accept your order by means of an acceptance declaration or by delivering the ordered items.

Contracts with customers are exclusively concluded in German or in English, depending on whether a customer orders on the German-language or English-language website of the online shop. If a customer orders on our German-language website, the German version of these General Terms and Conditions is consequently the exclusively relevant version. If an order is made on our English-language website, the English version of these General Terms and Conditions is the exclusively relevant version.

If the item your ordered cannot be delivered, for example, because the desired item is not in stock, we will not make an acceptance declaration. In this case, no contract will be concluded. We will notify you immediately and will immediately reimburse you any payment we already received.

Details, pictures, technical data, weight, measurements, and performance descriptions in the web shop, brochures, (online) catalogues, ads, or price lists only serve for information purposes. Insel-Brauerei is not liable for the accuracy of such details. With regards to the scope and type of delivery, only the details in the order confirmation are legally binding.

§ 3 Delivery, Delivery Time and Area

3.1 Goods are regularly delivered via the dispatch route to the delivery address indicated by the customer. When processing the transaction, the delivery address indicated by the customer when ordering in the shop is relevant. Even if a customer selects PayPal to pay for an order, the address stored with PayPal by the customer is not relevant for the respective product. If no separate delivery address is indicated, the invoice address is considered the delivery address.

3.2 If a delivery to a customer is not possible, the commissioned shipping company will send the goods back to the Seller, whereby the customer must bear the costs for the unsuccessful delivery. This does not apply if the customer is not responsible for the unsuccessful delivery attempt or thereby exercises their right of withdrawal.

3.3 As a principal, the risk of accidental loss and accidental decline of the sold goods are transferred to the customer or to a person authorized to receive the delivery, when the goods are handed over.

However, if the customer is an entrepreneur (exercising their commercial or independent professional activity, Sect. 14 BGB [German Civil Code]), the risk of accidental loss and accidental decline is transferred to a suitable shipping person when the goods are handed over at the Seller's business address.

3.4 All agreed upon delivery deadlines apply towards an entrepreneur, subject to the correct and timely delivery to the Seller in cases, in which the Seller has concluded a concrete covering transaction and is not responsible for the lack of availability.

3.5 Order received on business days by 5 PM are generally delivered in the morning of the following business day, by 2 PM. If an order is made after 5 PM, on a Saturday, Sunday, or public holiday, the order is generally delivered on the second business day after the order. If no special agreements are made in writing, no deliveries are made on Saturdays, Sundays, and public holidays. Consumers have to option to limit the delivery time to a one-hour window, e.g. 11 AM to 12 PM or 4 PM to 5 PM. In case of questions, Insel-Brauerei can be called Mon-Fri between 9 AM and 6 PM at +49 (0)38306/238702.

The delivery will be made to the delivery address indicated by the customer to all German post code areas. Furthermore, based on the products and conditions in the online shop, Insel-Brauerei also delivers to addresses in the following EU countries: Belgium, France, Italy, the Netherlands, Austria, Poland, Spain. Customers from the listed countries outside of Germany are commissioning DHL in their name and at their cost to deliver the goods ordered with the Insel-Brauerei in household quantities.

 If Insel-Brauerei is temporarily unable to deliver the ordered goods by the agreed upon date or to perform corresponding services due to business disruptions, strikes, official instructions or other cases of force majeure without actual or accountable fault, said dates and deadlines are extended by the duration of the obstruction. If the obstruction lasts more than 2 weeks, both contracting parties can withdraw from the contract.

§ 4 Right of Withdrawal for Consumers

4.1 If you are a consumer (i.e. a natural person who makes the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal according to the legal provisions. If you use your right of withdrawal as a consumer according to paragraph 1, you have to bear the regular costs for the return shipment.

The information on the right of withdrawal for consumers can be found in a corresponding window at http://insel-brauerei.de/ in the respective article descriptions. In addition, we notify you about the following:

Reasons for exclusion or expiration:

The right of withdrawal does not exist in case of contracts

•             for delivering goods that are not pre-manufactured and for the production of which an individual selection or definition by the consumer is decisive, or which are clearly tailor-made for the consumer's needs;

•             for delivering goods that are easily perishable or the use-by date would be exceeded quickly;

•             for delivering alcoholic beverages the price of which was agreed upon at the contract conclusion, which can, however, only be delivered 30 days after the contract conclusion at the earliest and the current value of which depends on deviations on the market, which are out of the entrepreneur's control.

 The right of withdrawal expires prematurely in case of contracts

•             for delivering sealed goods, which cannot be returned due to reasons of health protection or hygiene, if their seal was removed after the delivery;

•             for delivering goods if said goods were mixed with other goods in a non-separable manner after delivery due to the properties of the goods;

 4.2 General Notes

Please do not damage or spoil the goods. Please send the goods back in their original packaging, if possible, along with all accessories and other packaging components. Use a protective outer packaging, if necessary. If you no longer have the original packaging, please use other packaging to ensure sufficient protection against damages during transport. Please do not send goods back to us collect. We are happy to reimburse you for the shipment costs in advance if you are not required to bear said costs yourself. Please note that the paragraphs above are not a requirement for the effective execution of the right of withdrawal.

§ 5 Prices, Payment Terms, and Empty Containers; Return Costs; Deposit; Empty Containers

5.1 All prices in our web shop are gross prices inclusive of statutory sales tax, plus incurred shipping costs. Shipping costs are indicated in our price lists in our online shop. The price including sales tax and incurred shipping costs will also be displayed in the order form, before you send the order. If we fulfill your order by making partial deliveries, you only have to pay the shipping costs for the first partial delivery. If you ask for partial deliveries, we will charge you shipping costs for each partial delivery. If you effectively withdraw your contract declaration as consumer according to Sect. 4, you can request a reimbursement under the legal preconditions for costs already paid for delivery to you (delivery costs).

5.2 You can choose between wiring the purchase price and the shipping costs including deposit in advance to our account indicated in the web shop, and between paying with debit/Maestro or credit card, or using PayPal. In case of payment using debit/Maestro or credit card, we will charge your account at the earliest on the point in time defined in paragraph 5.1.

5.3 Items that can be sent in packages, are to be sent back in case of a withdrawal by the consumer at our risk. You must bear the regular cost for the return shipment if the delivered goods correspond to the ordered goods.  Otherwise, the sending back/pick-up is free of charge for you.

Items/forwarding goods that cannot be sent in packages will be picked up at your address in case of a withdrawal by the consumer. We will bear the costs directly related to the return shipment of the goods in case of forwarding goods to the extent that we have not separately specified the return shipment costs in the specific goods-related right of withdrawal information you received from us. Otherwise the return of goods/forwarding goods that cannot be sent in packages is free of charge for you.

5.4 The empty containers remain the property of Insel-Brauerei in any event. The deposit only serves as a security. We only accept empty containers from the Insel-Brauerei portfolio, which we settle at the respectively valid deposit rates. All prices for beer bottles are exclusive of the deposit, unless an explicit note is made. The deposit value is generally EUR 0.08 per bottle (0.33 l) and EUR 0.15 (0.75 l), respectively. You can drop off the empty bottles directly at Rügener Insel-Brauerei or send them back at your own cost, indicating your banking information, to the following address:

Rügener Insel-Brauerei GmbH

Expedition ins Bierreich

Hauptstraße 2C

18573 Rambin auf Rügen, GERMANY

We will pay back the deposit onto the indicated account once we have received the undamaged bottles. The deposited bottles, however, are bottles that generally can be returned at local beverage markets all over Germany.

§ 6 Reservation of Property Rights

The delivered goods remain the property of Insel-Brauerei until they are fully paid.

§ 7 Warranty, Liability

7.1 Insel-Brauerei guarantees that the ordered goods will be delivered in immaculate condition and with the customary best-before date. If the number and amount of the delivered goods apparently deviate from the order or are damaged, for example due to damage in transit, the customer must notify Insel-Brauerei of the shipping company that delivers the goods immediately of such defects. If possible, complaints and notices of defect should be reported within 14 days after the delivery of the goods to:

 Rügener Insel-Brauerei GmbH

Expedition ins Bierreich

HRB Stralsund 8839

VAT no. 29 39 63 525

General Manager: Markus Berberich

Hauptstraße 2C

18573 Rambin auf Rügen, GERMANY

Phone: +49 (0)38306/238702

Fax: +49 (0)38306/238709

E-mail: mail@insel-brauerei.de

 7.2 If the bought item is defect, the legal provisions apply. The following deviation applies:

a) For entrepreneurs, a minor defect is generally no reason for claims for defects. If the Seller has the option to select the type of cure, the new goods have a period of limitation for defects of one year, starting at the risk transfer. If the rights and claims for defects are generally excluded due to used goods, the period of limitation does not start anew if a replacement delivery takes place as part of the liability for defects.

b) For entrepreneurs, the legal period of limitations for recourse actions according to Sect. 478 BGB remain unaffected; the same applies to entrepreneurs and consumers in case of duty and fraudulent concealment of a defect.

c)  If the customer is a businessman within the meaning of Sect. 1 HGB [German Commercial Code], the commercial duty to inspect and complain according to Sect. 377 HGB applies. If the customer fails to make a report according to the regulations in the HGB, the goods are deemed approved.

d)  If the cure took place by way of a replacement delivery, the customer is obliged to send the goods delivered first back to the Seller at the Seller's costs within 30 days. The return of the defective goods has to comply with the legal provisions.

7.3 The Seller is liable without limitation for any legal reason in case of harm to life, body, or health, in case of intention or gross neglect, fraudulent behavior and warranty promises, and if the liability is subject to mandatory legal provisions, such as the product liability law, for example.

 7.4 Furthermore, the Seller is liable as follows, irrespective of the legal cause:

a) If the Seller violated an obligation that is substantial to the contract (material contractual obligations) in a negligent manner, the replacement obligation for damage to property is limited to the predictable, typically caused average damage. Substantial contractual obligations are obligations which the contract imposes upon the Seller based on its content in order to achieve the purpose of the contract, the fulfillment of which enables the orderly performance of the contract and the compliance of which the customer may regularly rely on.

b) If the Seller violated a minor contractual obligation due to negligent behavior, the replacement obligation is limited to the order value.

c) A potential liablity by Insel-Brauerei in case of entrepreneurs is limited to the ordered goods value, unless there was intentional or grossly negligent behavior. The same applies to vicarious agents of Insel-Brauerei. Furthermore, Insel-Brauerei is liable for claims due to prohibited actions, organizational fault, or a breach of material contractual obligations. In case of damage from harm to life, body, or health, cases of simple negligence are excluded from the liability limitation.

§ 8 Data Protection

We value the protection of your data and your privacy. Under https://insel-brauerei.de/shop/en/data-protection we therefore inform you about the collection and processing of personal data when you are using our website(s). Due to the GDPR, we have been obligated since 25 May 2018 to emphasize the protection of your data even more extensively than before; furthermore, we are also obligated to point out the legal basis, which we are happy to do in detail by means of the above-mentioned data protection declaration. Subject to the above-mentioned data protection declaration, the collection and processing of your personal data can be summarized as follows:

(1) We may process and store data concerning the respective purchase contracts to the extent that this is necessary to perform and execute the purchase contract and as long as we are obligated to store said data due to legal provisions.

(2) We reserve the right to transfer the customer's personal data to information offices if this is necessary as part of a credit audit, subject to the customer's explicit consent in the individual case.28 We also will refrain from transferring the customer's personal data without the customer's explicitly consent to other third parties, unless we are legally obligated to disclose said data.

(3) We are not allowed to collect, transmit, or process the customer's personal data for other purposes than described in this paragraph or in the above-mentioned data protection declaration.

§ 9 Jurisdiction, Applicable Law

9.1 The law of the Federal Republic of Germany applies to all legal relationships of the parties, except for laws concerning the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted due to mandatory provisions of the law of the state, in which the consumer has his habitual abode, is not withdrawn.

9.2 If the customer is a businessman, legal person of public law or public-official special assets, the exclusive jurisdiction for all disputes arising from this contract is the business location of Insel-Brauerei. The same applies if the customer has no general jurisdiction in Germany or in the EU or if the residence or habitual abode at the time of filing of a complaint is unknown. The right to also call upon a court at a different legal jurisdiction remains unaffected.

9.3 To the extent that we as an entrepreneur that runs a website or uses General Terms and Conditions employed ten or more individuals on 31 December of the previous year, we point out that we are currently not willing or obligated to participate in a settlement of disputes procedure before a consumer arbitration board according to Sec. 36 para. 1(1) VSBG [Consumers' Alternative Dispute Resolution Act] and are currently not obligated to refer to the competent consumer arbitration board according to Sect. 36 para. 1(2) VSBG.

§ 10 For other entrepreneurs the following provisions apply:

Entrepreneurs must immediately and carefully inspect goods upon delivery with regards to defects, amount, and type of goods. A complaint in this regard must be filed immediately, otherwise the goods are deemed accepted. Other defects must be reported within three business days after the delivery in writing; defects that cannot be observed during a regular inspection for defects are exempt from this rule. The latter must be reported in writing within three business days after they were found. The timely sending of the report suffices to meet the deadline. Otherwise, defect complaints are excluded.

In case of entrepreneurs, the risk is transferred to the customer as soon as Insel-Brauerei or their suppliers have handed the goods over to the transport company, freight carrier, or other person assigned for the delivery. If the delivery is delayed due to reasons for which the customer is responsible, the risk is transferred to the customer once the readiness to delivery is communicated (sale by delivery).

If the customer is an entrepreneur, a public legal special asset or a legal person of public law, Hamburg is agreed to be the exclusive jurisdiction.

§ 11 Copyrights

We have copyrights to all images, films, and texts that are published in our online shop. It is not permitted to use the images, films, or texts without our explicit consent.

Right of revocation for Consumer* (*translation for convenience only)

(FOR SINGLE SUPPLY OF GOODS)

(A consumer is any legal entity which concludes a legal transaction

for a purpose that cannot be ascribed to a commercial purpose)

BEGINNING OF NOTICE OF CANCELLATION

Revocation policy, right of revocation

You can cancel your contract within [14] days without giving reasons, by written notice.

The deadline within 14 days begins on the day (after receipt of this written notification but not before receipt of the goods by the Customer (in case of recurring delivery not before receipt of the first partial delivery), and also not before fulfilment of our information obligation) as follows

- on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods insofar as you ordered one or more goods within a single supply order and these goods are ordered together;

- on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good insofar goods of all the goods ordered by you within a single supply order and these goods are delivered separately;

- on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last partial delivery good insofar you ordered goods to be delivered in different deliveries or parts

Any declaration of revocation must be sent to:

 

Rügener Insel-Brauerei GmbH

Expedition ins Bierreich

HRB Stralsund 8839

VAT no. 29 39 63 525

General Manager: Markus Berberich

Hauptstraße 2C

18573 Rambin auf Rügen, GERMANY

Phone: +49 (0)38306/238702

Fax: +49 (0)38306/238709

E-mail: mail@insel-brauerei.de

by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

In order to fulfill the period of notice of cancelation it is sufficient that you sent the aforesaid statement before expiry of withdrawal period.

Consequences of revocation

If you withdraw from the purchase contract, we will reimburse all the payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have). We are obliged to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for any repayment fees.

We may refuse a refund until we have received the goods back or until you have provided proof that you have returned the goods, whatever the earlier.

You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.

You bear the immediate costs of returning the goods.

You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.

END OF REVOCATION POLICY

Exclusion of right of cancelation

The right of cancelation does not exist as regards distance contracts for goods which

(1)        are not prefabricated and for which fabrication an individual selection or determination by consumer is applicable or which are clearly tailored to the personal needs of the consumer,

(2)        are not possible to be resent due to their nature, expire quickly or their expiry date would be exceeded,

(3)        encompass the delivery of sealed goods for sake of health protection or hygiene, if the packaging seal has been broken.

The right of cancelation ends earlier insofar if the distant contract contains goods

(1)  which after delivery because of their characteristics are inextricably linked with other goods,

(2)  which encompass alcoholic beverages which price is fixed on the day of the order and which are to be delivered 30 days later earliest and which prices depend on market fluctuations which cannot be influenced by us as company.

General information

Please avoid damage or contamination of the goods, and any accessories. This if possible by returning them in their original packages with all accessories and all parts of the original package. If original packaging is not available please use appropriate packages in order to safeguard proper transportation and avoid damages. Please avoid, if possible, to send back the goods not prepaid, We are pleased to reimburse per advance the appropriate postage costs if to be paid by us and not you. Please pay attention on the fact that the aforesaid information are not prerequisites for your valid right of cancellation.

 

Revocation form

(Complete and return this form only if you wish to withdraw from the contract.)

 

Rügener Insel-Brauerei GmbH

Expedition ins Bierreich

HRB Stralsund 8839

VAT no. 29 39 63 525

General Manager: Markus Berberich

Hauptstraße 2C

18573 Rambin auf Rügen, GERMANY

Phone: +49 (0)38306/238702

Fax: +49 (0)38306/238709

E-mail: mail@insel-brauerei.de

 

I/We* hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / provision of the following service (*)

_______________________________________________

_______________________________________________

 

Ordered on ___________________ (*)/received on _______________________(*)

 

Name of the consumer(s) ______________________________________

Address of the consumer(s)

_________________________________

_________________________________

_________________________________

 

_________      _____________________________________________________

Date                signature of the consumer(s) (only with message on paper)

 

_____________________________________________________________________________________

(*) delete as applicable