General terms and conditions of business
§ 1 General - Scope
The contractual relationships for the delivery of goods, which are concluded between Hofbräuhaus Traunstein Josef Sailer GmbH & Co. KG (hereinafter “seller”) and the consumer (hereinafter “customer”) for the goods presented in the seller’s online shop exclusively these general terms and conditions apply. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. These general terms and conditions do not apply to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 310 (1) BGB.
§ 2 Conclusion of contract
The presentation of the goods in the seller's online shop does not constitute a binding offer. Rather, it is an invitation to the customer to submit a binding offer. In order to initiate the ordering process, the customer must add the desired goods to the virtual shopping cart. The customer can change this selection at any time before submitting his order, delete the selection by clicking on the "Remove" box or cancel the order process. After the selection has been made, he has to go through the electronic ordering process. By clicking on the "Buy now" button at the end of each order process, the customer submits a legally binding offer. The seller will confirm receipt of this customer's order in text form (e.g. by e-mail or fax). This confirmation does not constitute a binding acceptance of the order. Rather, the contractual relationship only comes about when the customer is sent a separate order confirmation or the ordered goods are dispatched to the customer. If both of the aforementioned alternatives exist, the contract comes into effect at the point in time at which the respective alternative occurs first. The seller is entitled to accept a binding offer from the customer within two weeks of receipt of the order by sending an order confirmation or by sending the ordered goods to the customer. If the seller does not accept the order, either by not issuing the order confirmation or by not shipping the goods, no contract is formed. As a result, the customer is no longer bound to his offer. By submitting the order, the customer confirms that he has reached the legal minimum age, provided that the subject of the order is alcoholic beverages. The customer is obliged to ensure that only he himself or a person authorized by him to accept the goods who has reached the legally prescribed minimum age receives the goods.
§ 3 Delivery and Passing of Risk
The ordered goods will be delivered by mail. A pickup is not possible. Delivery is made to the delivery address specified by the customer. The risk of accidental loss and accidental deterioration of the goods is transferred to the customer when the goods are handed over to the customer. The same applies if the customer is in default of acceptance. The beginning of the delivery time requires the full payment of the purchase price after conclusion of the contract within the framework of the payment method "payment in advance".
§ 4 Retention of title
The seller retains title until the purchase price has been paid in full.
§ 5 Statutory liability for defects
In the event of material defects, the seller is liable within the framework of the statutory provisions.
§ 6 Prices, shipping costs and payment methods
Our purchase prices include the applicable statutory value-added tax. Shipping, delivery and freight costs are shown under the "Shipping costs and payment methods" button on the online shop page. They are not included in the purchase price. Accordingly, these are shown separately in the ordering process and must be paid for by the customer. The seller accepts the payment methods offered in the ordering process on the respective offer page in the online shop. In addition, the payment methods can be viewed separately under the "Shipping costs and payment methods" button on the online shop page.
§ 7 Right of Withdrawal
In principle, the customer is entitled to a statutory right of withdrawal. The instruction on the right of withdrawal can be viewed under the "Revocation instruction" button on the website of the online shop.
§ 8 Out-of-court settlement of disputes
Information on online dispute resolution: The EU Commission provides an internet platform for the online resolution of disputes (“OS platform”). This platform serves as a point of contact for the out-of-court settlement of such disputes that arise from online sales contracts. The OS platform can be reached at http://ec.europa.eu/consumers/odr/. Note according to the VSBG The seller is neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.
§ 9 Choice of Law
German law applies insofar as this does not withdraw the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence. The provisions of the UN Sales Convention expressly do not apply.
§ 10 Final Provisions
Changes and additions to the contract must be in text form. Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In this case, the statutory regulations shall apply instead of the ineffective provisions.