General Terms and Conditions of Business for “The Browery Online Shop
The Browery Cosmetics GmbH, Auf der Eierwiese 1A, 82031 Grünwald, Germany, registered in the Commercial Register of the Munich District Court under HRB 243871, represented by Ms Amira Staehle, VAT identification no.: DE 20374129
– hereinafter “The Browery” –
the customer referred to in § 2 of the contract
– hereinafter referred to as the “Customer
1 Scope of Application, Definitions
(1) The business relationship between the webshop provider (hereinafter “The Browery”) and the customer (hereinafter “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating general terms and conditions of the Customer shall not be recognised unless The Browery expressly agrees to their applicability in writing.
(2) The Customer shall be regarded a consumer if the purpose of the ordered deliveries and services cannot be attributed predominantly to its commercial or independent professional activity. On the other hand, an entrepreneur shall be any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of its commercial or self-employed professional activity.
2 Conclusion of contract
(1) The Customer may select products, in particular cosmetic products, from The Browery’s product range and collect them in a so-called shopping basket by clicking on the button “add to shopping cart”. By clicking on the button “pay now”, the Customer submits a binding offer to purchase the goods in the shopping cart. Before sending the order, the Customer may change and view the data at any time. However, the offer may only be submitted and transmitted if the Customer has accepted these General Terms and Conditions by clicking on the “Accept GTC” button and has thereby included them in his/her offer.
(2) The Browery will then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer’s order is listed again and which the Customer can print out using the “Print” function. The automatic acknowledgement of receipt merely documents that The Browery has received the Customer’s order and does not constitute acceptance of the offer. The contract shall only come into existence upon the submission of the declaration of acceptance by The Browery, which shall be sent by a separate e-mail (“Order Confirmation”). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract, consisting of the order, the GTC and the order confirmation, shall be sent by The Browery to the Customer on a durable medium (e-mail or paper printout) (“Contract Confirmation”). The text of the contract shall be stored in compliance with data protection laws.
(3) The contract shall be concluded in German.
3 Delivery, availability of goods
(1) Delivery times stated by us are calculated from the time of our Order Confirmation, subject to prior payment of the purchase price. If no or no deviating delivery time is stated for the respective goods in our online shop, it is usually 2 – 4 days.
(2) If no copies of the product selected by the customer are available at the time of the customer’s order, The Browery shall inform the Customer of this immediately in the Order Confirmation. If the product is permanently unavailable, The Browery will refrain from issuing a declaration of acceptance. In this case, a contract will not be concluded.
(3) If the product specified by the Customer in the order is only temporarily unavailable, The Browery will inform the Customer of this without delay in the Order Confirmation accordingly.
(4) The following delivery restrictions apply: The Browery will only deliver to Customers who have their residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Austria, Switzerland, Luxembourg, Lichtenstein, Belgium, Netherlands.
4 Retention of title
The goods delivered remain the property of The Browery until payment has been made in full.
5 Prices and shipping costs
(1) All prices stated on The Browery’s website are inclusive of the applicable statutory value-added tax.
(2) The relevant shipping costs will be indicated to the Customer in the order form and shall be borne by the Customer unless the Customer exercises its right of revocation. If the combined order value exceeds EUR 55-, The Browery shall deliver to the Customer free of shipping costs.
(3) The goods will be shipped by post. The Browery shall bear the shipping risk if the Customer is a consumer.
(4) In the event of the Customer exercising his/her right for revocation, the Customer shall bear the direct costs of the return shipment.
6 Payment modalities
(1) The Customer may pay by means of the payment tool (“Stripe”) offered in The Browery’s webshop; payment by means of the payment tool is subject to the contractual and usage terms of the third-party provider Stripe, Inc., 510 Townsend Street, San Francisco, CA 94103, USA, which can be viewed at [https://stripe.com/de/legal] and [https://stripe.com/de/privacy].
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the Customer shall already be in default by missing the deadline. In this case, he/she shall pay The Browery interest on arrears for the year at a rate of 5 percentage points above the base rate.
(3) The Customer’s obligation to pay default interest does not preclude The Browery from claiming further damages for default.
7 Warranty for material defects, guarantee
(1) The Browery shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. German Civil Code (BGB). The warranty period for goods delivered by The Browery to entrepreneurs shall be 12 months.
(2) An additional warranty shall apply to goods sold by The Browery only if such warranty has been expressly given in the order confirmation for the respective item.
(1) Claims for damages on the part of the Customer are excluded. Excluded from this provision shall be all claims for damages by the Customer arising from injury to life, limb or health or from the breach of material contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by The Browery or The Browery’s legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, The Browery shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer’s claims for damages are based on injury to life, body or health.
(3) The limitations of paragraphs 1 and 2 shall also apply in favour of The Browery’s legal representatives and vicarious agents if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if The Browery has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same shall apply insofar as The Browery and the Customer have reached an agreement on the quality of the item. The provisions of the German Product Liability Act shall remain unaffected.
9 Right of Withdrawal
(1) In principle, consumers have a statutory right of withdrawal upon conclusion of a distance selling contract, of which The Browery provides information below in accordance with the statutory provisions. The exceptions to the right of withdrawal are set out in paragraph (2). Paragraph (3) contains a model withdrawal form.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us, The Browery Cosmetics GmbH, Auf der Eierwiese 1A, 82031 Grünwald, by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the withdrawal
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse to make a repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
(2) The right of withdrawal does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed or broken after delivery (e.g. cosmetic products that are applied to the skin).
(3) The Browery informs about the model withdrawal form according to the legal regulation as follows:
Model withdrawal form
(If you wish to cancel the contract, please complete and return this form).
(*) Delete where inapplicable
The Browery Cosmetics GmbH, Auf der Eierwiese 1A, 82031 Grünwald, Germany
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)
for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
10 Final provisions
(1) The Browery is required by law to inform consumers of the European Commission’s European Online Dispute Resolution (ODR) platform, which can be accessed at http://ec.europa.eu/odr. The Browery does not participate in dispute resolution proceedings before a consumer arbitration board and is not obliged to do so.
(2) Contracts between The Browery and Customers shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the Customer has his/her residence as a consumer, shall remain unaffected.
(3) 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 The Browery shall be the registered office of The Browery.
(4) The remaining parts of the contract shall remain binding even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. However, insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become ineffective.
(5) If these General Terms and Conditions are also provided in other languages than German, only the German-language version shall be binding. Any translations of these General Terms and Conditions are for illustrative purposes only.