GENERAL TERMS AND CONDITIONS
General Terms and Conditions for the online shop of the Labieratorium GmbH, represented by the managing director Olaf Wirths, Finsterwalder Str. 41 a, 03048 Cottbus (Germany)
phone: 0355 – 784 068 70
fax: 0355 – 784 068 77
(mentioned below Labieratorium GmbH) for Internet orders from consumers.
– mentioned below called Labieratorium GmbH –
(For more information about the provider, see legal notice)
1 Scope, definitions
(1) For the business relationship between Labieratorium GmbH and the customer, only these general terms and conditions apply in their version valid at the time of the order. Deviating conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services can not be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, in concluding the contract, is exercising his commercial or independent professional activity.
2 Conclusion of contract
(1) The customer can select the desired products from the assortment of the Labieratorium Online Shop and collect them via the button “Select” in a so-called shopping cart. Before sending the order, the customer can view and change the data at any time. With the button “Order for a fee”, the customer makes a binding offer to buy the goods in the shopping cart. However, the offer may only be submitted and transmitted if the customer accepts these terms and conditions by clicking and has thus added to its offer (hook set regarding the text below.): “The purchase of the goods is based on the general terms and conditions (GTC) of the provider. Buyer acknowledges that he has the terms and conditions, in particular the withdrawal, read and printed and agrees with the GTC in the purchase agreement.”
(2) The provider sends the customer after completion of the order process, an automatic acknowledgment of receipt by e-mail in which the customer’s order is listed again and can print via the “Print” function of the customer. The automatic acknowledgment of receipt only documents that the customer’s order is received by the provider and does not constitute acceptance of the offer. The contract is only upon receipt of the goods ordered by the customer.
(3) The contract text is not stored by the provider. The language available for the contract is German.
3 Protection of minors
(1) When selling goods for which this is required by the provisions of the Youth Protection Act, the provider only enters into contractual relationships with customers of legal age.
(2) By sending an order, the customer assures that he is at least 18 years old and that his information is correct. He is obliged to ensure that only he or one or more persons authorized by him to receive the delivery receive the goods. The provider instructs the logistics service provider commissioned with the delivery to hand over the delivery only to persons over the age of 18 and, in case of doubt, to present the identity card for age control purposes.
(3) Insofar as underage persons arrange orders, the provider hereby revokes the contract as a precaution according to § 109 BGB (German law). In accordance with the statutory provisions, the adult persons entitled to care or representation who are entitled to care under wrongful circumstances are liable to the provider for all damages arising from the orders made under false information.
4 Delivery, product availability
(1) If no copies of the product selected by him are available at the time of the customer’s order, Labieratorium GmbH shall inform the customer immediately. If the product is permanently not available, Labieratorium GmbH looks forward to a declaration of acceptance. A contract is not concluded in this case.
(2) If the product is only temporarily unavailable, Labieratorium GmbH will inform the customer immediately as well. In the event of a delivery delay of more than two weeks, the customer has the right to cancel his order by means of a clear statement (for example a letter sent by post, fax or e-mail). In this case, the provider will reimburse immediately any payments already made by the customer.
(3) Deliveries are made only within Germany.
5 Retention of title
(1) Until full payment, the delivered goods remain the property of the provider.
6 Prices and shipping costs
(1) All prices, which are indicated on the website of the offerer, are inclusive of the valid legal value added tax.
(2) The shipping costs are borne by the Labieratorium GmbH, as far as the customer does not exercise his right of withdrawal.
(3) The goods are shipped by post. The shipping risk is borne by Labieratorium GmbH, if the customer is a consumer.
(4) The provider bears the costs of the return. The customer is requested to return the goods to the provider as a prepaid package. There is a possibility that the provider reimburses the customer for the return costs in advance. The condition for the effective exercise of the right of revocation described under § 10 is expressly not.
7 Payment terms and delivery time
(1) The following payment options exist:
Payment in advance: The customer transfers the invoice amount of the order before delivery to the following account: Labieratorium GmbH, VR Bank Lausitz, IBAN: DE 91 1806 2678 0006 1054 91, BIC: GENODEF1FWA
(2) Payment via Paypal.
(3) Payment by directpay
(4) cash by pickup on the spot
(5) When paying in advance, the delivery time is about 3 working days after receipt of payment.
8 Vouchers, brewery tours, brewing courses, beer tasting
Acquired vouchers can be used for payment in the online shop, as well as used to pay for beer tastings, brewing courses and brewery tours. For beer tastings, brewing courses and brewery tours, Labieratorium GmbH needs a reservation for each event in writing by email, fax or post. The voucher is exchanged on site (Office Labieratorium, Karl-Liebknecht-Str. 102, 03046 Cottbus) by the Labieratorium GmbH for a ticket. Without this ticket, no participation in beer tasting, brewery tours or brewing courses can take place. Brewing courses, brewery tours and beer tasting sessions are limited and will be awarded in the order in which they register. In principle, the registration is also possible at the venue, as far as space permits.
Appointments for beer tastings, brewery tours and brewing courses can be canceled in writing, canceled / rebooked up to 21 days before the appointment. In order to become effective, the written confirmation of Labieratorium GmbH is required. For later rebooking or cancellation Labieratorium GmbH will charge 20,00 Euro per person. If we do not receive any news until 48 hours before the event, the brewing course / beer event / brewery tour / voucher will be charged or expires. A voucher bought from us has a validity of 3 years after order and can be transferred to other persons.
Only one voucher can be redeemed per online order, it will be credited to the total amount of the order. Cash payments are not possible in the online shop or on site (Office Labieratorium, Karl-Liebknecht-Str. 102, 03046 Cottbus). Crediting a balance is only possible in the online shop. Vouchers are excluded from the refund and revocation. Vouchers can be requested by post or digital.
9 Warranty for defects, warranty
(1) The provider is liable for material defects in accordance with the relevant statutory provisions, in particular §§ 434 ff. BGB (German law)
(2) An additional guarantee exists with the goods delivered by the supplier only if this was expressly delivered in the order confirmation to the respective article.
(1) Claims of the customer for damages are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or the violation of essential contractual obligations as well as liability for other damages based on intentional or grossly negligent breach of duty by Labieratorium GmbH, its legal representatives or vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the contractually typical, foreseeable damage if this was simply caused by negligence, unless it concerns claims for damages of the customer resulting from injury to life, limb or health.
(3) The limitations of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
11 Instructions on revocation, sample for the withdrawal form
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise your right of withdrawal, you must inform us Labieratorium GmbH, Finsterwalder Str. 41 a, 03048 Cottbus (Germany) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
We will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of withdrawal
Pattern for the withdrawal form
Model withdrawal form
(If you wish to withdraw from an order, please complete and return in this form only.)
Finsterwalder Str. 41 a
03048 Cottbus, Germany
– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
– ordered on (*) / received on (*)
– name of the consumer (s)
– address of the consumer (s)
– Signature of the consumer (s) (only if this form is notified on paper)
(*) Delete as appropriate.
According to § 312g Abs. 2 Nr. 3 BGB (German law), there is no right of revocation for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, provided that the delivered goods have been unsealed by the customer.
12 Notes on data processing
(1) Labieratorium GmbH collects data from the customer as part of the processing of contracts. In doing so, it pays particular attention to the provisions of the Federal Data Protection Act and the Telecommunications Act. Without the consent of the customer, Labieratorium GmbH will only collect, process or use the customer’s inventory and usage data, insofar as this is necessary for the execution of the contractual relationship and for the use and billing of telemedia.
(2) Without the consent of the customer, Labieratorium GmbH will not use the customer’s data for advertising, market or opinion research purposes.
13 Dispute resolutions
The EU Commission has created an online platform for online dispute resolution (OS platform). This can be reached at http://ec.europa.eu/consumers/odr
We do not participate in a dispute settlement procedure before a consumer arbitration board.
14 Final regulations
(1) German law shall apply to contracts between Labieratorium GmbH and the customer, excluding the UN Sales Convention.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and Labieratorium GmbH is the registered office of Labieratorium GmbH.
(3) The contract shall remain binding even in the case of legal invalidity of individual provisions in its other parts. In place of the ineffective regulations, if available, the statutory provisions. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.