General terms and conditions of business
1. Area of applicability
(1) These general terms and conditions of business (hereinafter referred to as "T&C") apply to your purchases at www.erdinger-fanshop.de, a website operated by Privatbrauerei Erdinger Weißbräu Werner Brombach GmbH, Lange Zeile 1 + 3, 85435 Erding, Germany (hereinafter referred to as "Erdinger" or "we"). All deliveries, services and offers are provided exclusively on the basis of these terms and conditions of business.
(2) To the extent that "consumer" or "entrepreneur" are subsequently referred to, the statutory provisions shall apply. The Customer is a consumer if the assigned goods and services cannot be attributed to their commercial or self-employed professional activities. In contrast, an entrepreneur is any legal person or a legally capable business partnership which is acting in the exercising of their commercial or self-employed professional activities when concluding the contract.
(3) Any deviating, conflicting or additional T&C's of the Customer shall not become part of the contract.
2. Coming into existence of the contract
(1) A valid sales contract is concluded as follows by means of the acceptance of an offer of the Customer. The Customer can submit a binding offer for a product by filling in the order form provided by Erdinger by clicking on the "make binding payment obligation" button. Erdinger can accept the said offer either by sending a binding declaration of acceptance or by sending the ordered goods. Up until this point, Erdinger shall be entitled to refuse acceptance of the order without giving reasons. A claim to delivery of the goods shall not exist until the offer has been accepted. Erdinger shall immediately confirm receipt of the order electronically. This confirmation of receipt does not yet represent a binding acceptance of your offer.
(2) You can correct entry errors via the keyboard and mouse in the entry fields until you click on the "make binding payment obligation" button which follows the order dialogue. The contract text shall be made available to you in accordance with the statutory provisions, we do not carry out any saving which goes beyond this following conclusion of the contract.
3. Notice concerning the statutory right of revocation for consumers
Please note the information below concerning the statutory right of revocation for consumers.
4. Delivery, availability of goods
(1) Should no samples of the product selected by the Customer be available at the time of placing of the order, Erdinger shall immediately inform the Customer accordingly. Should the product not be deliverable for the long term, Erdinger shall not issue a declaration of acceptance. In such a case, no contract shall come into existence.
(2) Should the product chosen by the Customer in the order be unavailable only temporarily, Erdinger shall also notify the Customer of such immediately. In case of delivery delays of more than two weeks, the Customer shall have the right to rescind the contract. Otherwise, Erdinger shall also be entitled to withdraw from the contract in such a case. In such an instance, Erdinger shall immediately refund any payments which have already been made by the Customer.
5. Prices, shipping costs, due date, terms and conditions of payment
(1) Our prices include value added tax and, unless otherwise agreed, are subject to additional payment of shipping costs.
(2) The claims of Erdinger shall be due immediately.
(3) In respect of payment, you may only make use of the method agreed and stated in the order.
(1) Statutory warranty rights exist in respect of the goods from our online shop.
(2) Technically related changes to construction or manufacturing, as well as minor deviations to the colour scheme, shall remain reserved, provided this is reasonable to the Customer and the said deviations and changes are customary in the trade.
(3) In case of defects to the delivered item, the Customer shall initially be entitled to supplementary performance. Should supplementary performance fail, the Customer shall be entitled, in accordance with the statutory provisions, to reduce the remuneration (reduction), to withdraw from the contract (rescission), or to claim damages / reimbursement of significant expenses.
(4) In case of new items, the statute of limitation for the rights of a consumer in case of defects shall be two years, in case of the rights of an entrepreneur, one year following delivery of the goods.
(5) Objections can be lodged at the following address: Privatbrauerei Erdinger Weißbräu Werner Brombach GmbH, Erdinger Fanshop, Franz-Brombach-Str. 1, 85435 Erding, Germany.
7. Reservation of ownership
We shall retain ownership of the object of purchase until full payment has been made in respect of the delivered item.
(1) Erdinger shall incur liability in case of losses incurred on the part of the Customer (a) in case of injury to life, body or health which is caused by breach of duty on the part of Erdinger or its vicarious agents (b) in accordance with the German Product Liability Act (Produkthaftungsgesetz), due to the assumption of a guarantee or due to fraudulent deception (c) if Erdinger, its legal representatives or vicarious agents have caused the loss intentionally or gross negligently and/or (d) if the loss is incurred due to breach of an obligation incumbent on Erdinger whose fulfilment is essential for the proper performance of the contract and on whose compliance the Customer regularly relies and may rely on (cardinal obligation).
(2) In the cases stated in Paragraph 1 letters (a), (b) and/or (c), the liability of Erdinger shall be unlimited. Otherwise, the liability shall be limited to the loss which is foreseeable and typical of the contract.
(3) In cases other than those stated in Paragraph 1, the liability of Erdinger shall be excluded, regardless of legal reason.
(4) The liability regulations in the paragraphs above shall also apply in respect of the personal liability of the organs, employees and vicarious agents of Erdinger
9. Data protection
Please see our data protection declaration for information concerning data protection.
10. Closing provisions
(1) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) No ancillary agreements are in place.
(3) Should any individual provisions of these general terms and conditions of business be or become effective in full or in part, the validity of the remaining clauses of this contract, including the remaining general terms and conditions of business, shall not be affected. The statutory provisions shall take the place of the ineffective clauses.
(4) Should the Customer be a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes connected to the contractual relationship between Erdinger and the Customer shall be Erding. In addition, Erding shall be the place of jurisdiction in all cases in which the Customer relocates their domicile or ordinary place of residence to a location outside of the area of applicability of the laws of the Federal Republic of Germany or in cases where the domicile or ordinary place of residence of the Customer is not known at the time of assertion of contractual or other claims before a court. The place of performance shall be Erding.