I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Erbslöh Geisenheim AG) via the www.erbsloeh-craft-brewing.com website. Unless otherwise agreed upon, the inclusion of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity. A valid VAT identification number is essential.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products.
(2) Our offers on the website are non-binding and are not a binding offer to conclude a contract.
(3) You can use the online shopping cart system to place a binding offer of purchase (order). Here, the goods meant for purchase are stored in the ‘Shopping cart’. You can use the respective button in the navigation bar to call up the “shopping cart” and make changes at any time. After the ‘check-out’ page has been called up and the respective personal data and payment and shipping conditions have been entered, all the order data is displayed again on the order overview page. Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction. When the order is placed using the “Place order in conjunction with a liability to pay” button, you are considered to have made a binding offer to us.
You then receive an automatically-generated email regarding the receipt of your order. This email
does not yet lead to the conclusion of a contract.
(4) The acceptance of the offer (and with it, the conclusion of the contract) takes place within a period of 2-3 working days via a textual confirmation (e.g. email) in which you receive confirmation (order acknowledgement) regarding the execution of the order or the delivery of the products in question. If you have not received any corresponding message within this deadline, you are no longer considered to be bound to your order. Under such circumstances, any services that have already been provided are restored without undue delay.
(5) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
(6) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Right of retention, reservation of proprietary rights
(1) As a consumer you can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
(3) If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
§ 4 Warranty
(1) The statutory warranty rights are applicable.
(2) If you are a businessman, the following shall apply, despite the contents of paragraph 1:
a) It is understood that the details provided by us and the product description provided by the
manufacturer are the only things that represent the properties and condition of the product in
question. Other advertisements, blurbs and statements issued by the manufacturer are not
considered to be representative of the properties and condition of the said product.
b) You are obligated to exercise due diligence while promptly checking the goods for qualitative
and quantitative deviations, and to inform us in writing of apparent defects within a period of 7
days after receipt of the goods. The term limit shall be considered to have been complied with if a
timely dispatch was executed. This also applies to hidden defects that are detected at a later
stage (from the time of discovery onwards). Warranty claims cannot be raised if the obligation to
inspect and the obligation to give notice of defects are not fulfilled.
c) In case of defects, we provide guarantee through repair or replacement at our own discretion.
If the defect is not removed, you can demand a reduction in the price or withdraw from the
contract at your discretion. The defect removal is applicable after a failed second attempt, unless
the circumstances prove otherwise, in particular due to the nature of the object and/or defect or
other conditions. In case of repair, we must not bear the additional costs, which arise from the
transfer of the item to a place other than the place of fulfilment, as far as the transfer does not
correspond to the intended use of the item.
d) The warranty period amounts to a period of one year after delivery of the product
For unopened goods only which have been stored in accordance with instructions and which are
within the expiry date. The shortened warranty period does not apply in situations involving
culpably caused damages that can be attributed to us and which are associated with loss of life,
injuries or health-related damages. Furthermore, it does not apply in situations involving damages
suffered as a result of gross negligence or malicious intent, or in situations involving deceit or
contribution claims as per §§ 478 and 479 of the BGB (German Civil Code).
§ 5 Liability
(1) We also provide unlimited liability for damage caused due to the violation of life, limb or health. Furthermore, we provide liability without limitation in all cases of intent and gross negligence, if a defect is fraudulently concealed, in case of assumption of guarantee for the procurement of the object of purchase and in all other legally regulated cases.
(2) The liability of defects within the scope of the implied warranty complies with the corresponding regulation in our customer information (Part II) and General Terms and Conditions (Part I).
(3) If the situation in question relates to important contractual obligations and involves minor negligence, our liability is limited to the foreseeable damages that are typical for the contract. The term ‘important contractual obligations’ refers to important obligations that follow from the nature of the contract and whose violation would jeopardise the fulfilment of the purpose of the contract. It also covers obligations that the contents of the contract impose on us in order to facilitate the fulfilment of the purpose of the contract and whose fulfilment makes it possible for the contract to be executed in an orderly manner, and compliance with which may regularly be taken for granted by you.
(4) When it comes to the violation of inessential contractual obligations, no liability shall be assumed if the situation in question involves violations of obligations associated with light negligence.
(5) The current state of the respective technology makes it impossible to guarantee that data transmission operations that use the internet will take place in an error-free manner characterised by permanent availability. In this respect, we cannot vouch for the constant and uninterrupted availability of the website and the service offered on the website.
§ 6 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
Erbslöh Geisenheim AG
Telephone: +49 6722 708 0
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under http://ec.europa.eu/odr.
We are not willing to enter into dispute resolution proceedings before the consumer arbitration board.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself
and the correction options are executed in accordance with § 2 of our standard business terms
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online
– shopping cart system the contract data can be printed out or electronically saved using the
browser’s print function. After the order is received by us, the order data, the legally-mandated
details related to distance selling contracts and the standard business terms are re-sent to you
3.3 When it comes to enquiries that lie outside the context of the online shopping cart system,
you receive all the contract data lying within the framework of a binding offer in an e-mail, which
you can print out or save electronically.
4. Main features of the product or service
The main features of the product and/or service can be found in the product description and the
supplementary details appearing on our website.
5. Prices and payment arrangements
5.1 The prices stated in the quotations and the shipping costs are not total prices. Taxes are
5.2 The dispatch costs that are incurred are not included in the purchase price. They are
separately specified during the ordering process.
5.3 The payment methods that are available to you are specified under a correspondingly-named
button on our website, or in the respective product description.
5.4 Unless otherwise specified for the respective payment methods, the payment claims arising
from the contract that has been concluded become payable immediately.
6. Delivery conditions
6.1 If you are a consumer, the following is statutorily regulated: The risk of the sold item
accidentally being destroyed or degraded during shipping only passes over to you when the item
in question is delivered, regardless of whether or not the shipping operation is insured. This
condition does not apply if you have independently commissioned a transport company that has
not been specified by us or a person who has otherwise been appointed to execute the shipping
operation. If you are a businessman, the delivery and shipping operations take place at your own
7. Statutory warranty right
7.1 The liability for defects associated with our goods is geared towards the ‘Warranty’ provision
in our standard business terms (part I).
7.2 As a user, you are requested to promptly check the product for completeness, visible defects
and transport damage as soon as it is delivered, and promptly disclose your complaints to us and
the shipping company in writing.Even if you do not comply with this request, it shall have no effect
on your legal warranty claims.
These SBTs and customer details were created by the lawyers specialising in IT law who work for
the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG
guarantees the legal security of the texts and assumes liability in case warnings are issued. More
detailed information can be found on the following website: http://www.haendlerbund.de/agbservice.