General business terms and conditions, customer information
I. General business terms and conditions
Section 1: Fundamental provisions
(1) The following business terms and conditions apply for contracts concluded by you with us as a supplier (Schraml – Die Steinwald-Brennerei e.K.) .) through the website under https://www.brennerei-schraml.de/online-shop. Excepting agreements to the contrary, we object to the inclusion of your own terms and conditions where applicable.
(2) A consumer in terms of the provisions that follow is any natural person who concludes a legal transaction for purposes that cannot be assigned primarily to their commercial or freelance occupational activities. A merchant is any natural or legal person or partnership with legal capacity that concludes a legal transaction in the course of performing commercial or independent professional/vocational activities.
Section 2: Closing the contract
(1) The object of the contract is the sale of goods.
(2) By posting the respective product on our website, we make you a binding offer to conclude a contract subject to the terms and conditions described in the article description.
(3) The contract is concluded through the online shopping cart system, as follows:
The goods intended for purchase are placed into the “shopping cart”. You can access the “shopping cart” using the corresponding button in the navigation bar and make changes to it at any time.
After calling up the “checkout” page and entering personal information as well as the payment and shipping terms and conditions, all order information is displayed again on the order summary page.
When you use a direct payment system (e.g. PayPal/PayPal Express, Amazon-Payments, Sofort) as the payment method, the order summary page is displayed in our online shop or you are first forwarded to the website of the provider for the direct payment system.
In case of forwarding to the respective direct payment system, you make the corresponding selections and input your data there. You are then returned to our online shop on the order summary page.
Before submitting the order, you have the opportunity to review all information again, to change it (also using the browser's “back” button) or to terminate the purchase transaction.
When you submit the order with the “Confirm purchase” button, you declare your legally binding acceptance of the offer and the contract is concluded.
(4) Your requests to receive an offer are not binding for you. In this case, we shall supply you with a binding offer in text form (e.g. by e-mail), which you may accept within 5 days.
(5) Processing the order and transmitting all information required in the context of closing the contract is done by e-mail and partly automated. Therefore, you have to ensure that the e-mail address provided to us by you is correct, and that receiving e-mails is technically assured and, in particular, not prevented by spam filters.
Section 3: Right of retention, retention of title
(1) You can only exercise a right of retention in regard to claims arising from the same contractual relationship.
(2) The goods remain our property until they are paid in full.
(3) If you are a merchant, the following applies in addition:
a) We retain title to the goods until all claims from the current business relationship are settled. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer by way of security is not permissible.
b) You may resell the goods in the course of ordinary business operations. In this case, you assign all claims up to the invoice amount arising from the resale to us now and in advance; we hereby accept this assignment. You remain authorised to collect the claim. However, we reserve the right to collect the receivable ourselves to the extent you fail to properly meet your payment obligations.
c) When goods subject to retention of title to combined or mixed, we acquire shared ownership in the new assets in proportion to the invoice value of the goods subject to retention of title versus the processed items at the time of processing.
d) We oblige ourselves to release the security to which we are entitled by your request, to the extent that the realisable value of our security exceeds the secured claim by more than 10%. The choice of security to be released rests with us.
Section 4: Warranty
(1) The statutory warranty rights shall apply.
(2) As a consumer, you are asked to inspect the goods promptly upon delivery for completeness, apparent defects and transport damage, and to inform us and shipper of any complaints as quickly as possible. Failure to do so has no effect on your statutory warranty claims.
(3) If you are a merchant, the following deviations from the preceding warranty provisions apply:
a) Only our own information and the product description of the manufacturer are agreed to describe the quality of the goods, but not any other advertising, public promotions or statements of the manufacturer.
b) In case of defects, we shall perform the rectification of defects or the delivery of replacements at our discretion. If the rectification of defects fails, you may demand an abatement or withdraw from the contract at your discretion. The rectification of defects is deemed to have failed after the second unsuccessful attempt unless otherwise indicated, in particular by the type of goods or the defect, or by other circumstances. In case of rectification, we are not responsible for bearing the increased costs incurred by transporting the goods to a place other than the place of fulfilment, insofar as said transportation does not correspond to the intended use of the goods.
c) The warranty term is one year from delivery of the goods. The shortened term does not apply:
– In case of damages for the culpable loss of life, physical injury or the impairment of health on our part or other damage caused by our intent or gross negligence;
– Insofar as we maliciously concealed the defect or warranted the characteristics of the goods;
– For goods that were used for a structure according to their commonly accepted purpose and caused it to be defective;
– In case of statutory recourse claims you have against us in the context of claims for defects.
Section 5: Choice of law, place of fulfilment, jurisdiction
(1) The laws of the Federal Republic of Germany apply. For consumers this choice of law only applies insofar as this does not withdraw protection granted by mandatory provisions pursuant to the laws in the country of the consumer’s normal place of abode (benefit-of-the-doubt principle).
(2) The place of fulfilment for all performance in the business relationship with us as well as the jurisdiction is our registered office, insofar as you are not a consumer but a merchant, legal person under public law or special fund under public law. This applies correspondingly if you have no general jurisdiction in Germany or the EU, or the place of residence or normal abode is not known at the time the complaint is filed. The right to appeal to the courts in another legal jurisdiction remains unaffected.
(3) The application of the provisions of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Section 6: Protection of minors
(1) For the sale of goods covered by the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the minimum age prescribed by law.
Existing age restrictions are pointed out in the respective item description.
(2) By submitting your order, you confirm that you have reached the minimum age prescribed by law and that the name and address information you have provided are correct. You are obliged to ensure that you or a person authorised by you to receive the delivery, who has reached the minimum age prescribed by law, receives the goods.
(3) To the extent we are obliged by the applicable legal regulations to perform age verification, we instruct the logistics service provider engaged to make the delivery to only hand the shipment over to persons who have reached the minimum age prescribed by law and to require the person receiving the goods to present their personal identification for age verification in case of doubt.
(4) Insofar as we state in the respective item description that, beyond the minimum age prescribed by law, you need to be 18 years of age or older to purchase the goods, the preceding paragraphs 1-3 apply subject to the provision that full age must be attained in place of the minimum age prescribed by law.
II. Customer information
1. Identity of the seller
Schraml – Die Steinwald-Brennerei e.K.
92681 Erbendorf, Germany
Alternative resolution of disputes:
The European Commission provides a platform for extra-judicial online dispute resolution (ODR platform) under https://ec.europa.eu/odr.
2. Information on contract closing
The provisions under “Closing the contract” of our general business terms and conditions (part I) apply for the technical steps for contract closing, the closing of the contract as such and correction options.
3. Contract language, storage of contract text
3.1. The contract language is German.
3.2. The full contract text is not stored by us. After submitting the order using the online shopping cart system, the contract data can be printed using the browser’s print function or saved electronically. The order data, the information required by law for distance selling contracts and the general business terms and conditions are also sent to you by e-mail after the order is received by us.
3.3. In case of requests for offers outside the online shopping cart system, you receive all contract data in the form of a binding offer sent to you in text form, e.g. by e-mail, which you can print or save electronically.
4. Codes of conduct
4.1. We are committed to the “Käufersiegel” quality criteria of Händlerbund Management AG as well as the Ecommerce Europe Trustmark Code of Conduct available under https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and https://www.ecommercetrustmark.eu/the-code-of-conduct/
4.2. We are committed to the ethical code of Trusted Shops GmbH available under http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services are found in the respective offer.
6. Prices and payment terms
6.1. The prices and shipping costs listed in the respective offers are total prices. They include all price elements including all applicable taxes.
6.2. The incurred shipping costs are not included in the purchase price. They are accessible via a button with a corresponding designation on our website or in the respective offer, are disclosed separately during the ordering process and are borne by you in addition unless free shipping is agreed.
6.3. The payment methods available to you are accessible via a button with a corresponding designation on our website or are disclosed in the respective offer.
6.4. Unless otherwise specified for the specific payment methods, the payment claims from the contract that is concluded are due and payable immediately.
7. Delivery terms and conditions
7.1. The delivery terms and conditions, delivery date and existing delivery restrictions where applicable are accessible via a button with a corresponding designation on our website or in the respective offer.
7.2. If you are a consumer, the law specifies that the risk of accidental perishing and accidental impairment of the goods sold during shipment only passes to you when the goods are transferred, regardless of whether the shipment is insured or not insured. This does not apply if you independently commission a carrier not named by the seller or another designated person to carry out the shipment.
If you are a merchant, delivery and shipment are at your risk.
8. Statutory warranty rights
Liability for defects is governed by the provisions under “Warranty” in our general business terms and conditions (part I).
These general business terms and conditions and customer information were prepared by the lawyers of the “Händlerbund” specialising in IT law and are continuously reviewed for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings. Further information is available here: https://www.haendlerbund.de/agb-service.
Last update: 05 May 2020