§ 1 Ambit and contractor
The general terms and conditions account for all orders, placed by private customers through the online shop of “Heller-Bräu” Trum GmbH, 96049 Bamberg, Germany (consecutively named “Schlenkerla Shop”).
Customer Service Monday to Thursday 8-16 and Friday 8-13 hours through eMail
§ 2 Conclusion of contract
§ 2.1 The product pages in Schlenkerla Shop serve the purpose of placing an offer to buy. By clicking the button “buy” you make a binding offer to buy. Our products are only sold for private usage and in typical home use amounts.
§ 2.2 We can accept your order by eMail or shipping of goods within 5 days. The confirmation of receipt of order is not an acceptance of your offer to buy.
§ 2.3 Should our order confirmation contain writing or printing mistakes, or should our prices contain technical errors, we are entitled to appeal, in which we have to proof our error to you. Any already made payments are reimbursed at once.
§ 3 Prices
All prices on product pages contain the value added tax (VAT). Shipping fees are not included.
§ 4 Shipping fees
§ 5 Terms of delivery
§ 5.1 Shipping is handled by DHL (www.dhl.de– German parcel service)
§ 5.2 Shipping time is – unless otherwise indicated on the product page – approx. 1-4 days within Germany and 3-15 days within the rest of Europe.
§ 5.3 If not all items are available, we are entitled to deliver in several batches at our own cost.
§ 5.4 If the delivery of goods fails 3 times, we can withdraw from treaty. Payment will be reimbursed.
§ 5.5 If an ordered item is not available due to our supplier, we can withdraw from treaty. In this case we will immediately inform you and if possible suggest an alternative item. If no similar items is available, or you choose to not have a delivery of it, we will reimburse any payments.
§ 6 Terms of payment
§ 6.1 Payment can be made at buyers option: Payment in advance or paypal (www.paypal.com). Debit advice, credit card, are possible through paypal.
§ 6.2 If you opt for „payment in advance“, we will inform you of our bank connection in the order confirmation. The invoice total has to be transmitted to our account within 10 days. If you opt for “credit card” your account will be debited at the day the goods are shipped.
§ 6.3 In case of delayed payment, the invoice total will be charged with interest of 5% above the base rate. We have the right to charge a higher rate, if provable and applicable.
§ 6.4 If you opt for „debit advice“, you have to cover any costs in case of back posting due to lack of account cover or false bank connection details.
§ 6.5 You only have a right of charging, when your counterclaims are judicially proven or beyond dispute or accepted in writing by us.
§ 6.6 You may retain lien only within the same contract relation.
§ 7 Reservation of proprietary rights
The goods remain our property until full payment has been made. Before this moment, no bailment, security transfer of title, processing or change of design is allowed.
§ 8 Right of revocation
§ 8.1 Consumer have a 14-day right of revocation. See also the right of rescission.
§ 8.2 Right of revocation does not apply for any specifically for you made goods.
§ 8.3 Please avoid any damage of goods, and make sure, that sending back is done with adequate transport packaging. If you do not have the original packaging anymore, you have use alternative packing with sufficient protection against breakage and damage, in order to avoid compensation for broken goods.
§ 8.4 Please send back goods as secure package and keep the receipt.
§ 8.5 Before sending back the goods, please contact us via eMail first.
§ 9 Transport damages
§ 9.1 If the goods are delivered with obvious transport damages, please protest directly to the deliverer, and contact us through eMail.
§ 9.2 Your legal right for guarantee is not affected by not protesting or not contacting us. However it helps us getting refund from the carrier.
§ 10 Defects liability
Defects liability is granted within the terms of law.
§ 11 Liability
We exclude liability for negligence, as long as they don’t touch contract relevant duties, damages to life, body or health or liabilities covered by the German “product liability law”. The same accounts for negligence through our assistants.
§ 12 Final provisions
§ 12.1 Should any term of this policy be invalid, all other terms and conditions remain valid. Instead of the invalid term, the relevant term of German law applies.
§ 12.2 Only German law is applicable.