AGB

General Terms and Con­di­tions

General Terms and Con­di­tions and Cus­tomer Infor­mation

I. General Terms and Con­di­tions

§ 1 Basic Pro­vi­sions

(1) The fol­lowing terms and con­di­tions apply to con­tracts (ser­vices and products/goods) that you con­clude with us as the pro­vider (Bier-Events | Adam Hellmann) via the website www.bier-events.de. Unless otherwise agreed, we object to the inclusion of any terms and con­di­tions of your own that you may use.

(2) A con­sumer within the meaning of the fol­lowing pro­vi­sions is any natural person who enters into a legal tran­saction for pur­poses that cannot pre­do­mi­nantly be attri­buted to either their com­mercial or inde­pendent pro­fes­sional activity. An entre­preneur is any natural or legal person or a part­nership with legal capacity that enters into a legal tran­saction in the exercise of its inde­pendent pro­fes­sional or com­mercial activity.

§ 2 Con­tract For­mation

(1) The subject matter of the con­tract is the sale of ser­vices and products/goods.

(2) By merely listing the respective service/the respective product on our website, we submit to you a binding offer to con­clude a con­tract under the con­di­tions spe­cified in the product description.

(3) The con­tract is con­cluded via the online shopping cart system as follows: The services/goods intended for purchase are placed in the “shopping cart.” Via the cor­re­sponding button in the navi­gation bar, you can access the “shopping cart” and make changes there at any time. After calling up the “Checkout” page and entering your per­sonal data as well as the payment and shipping con­di­tions, all order data will be dis­played again on the order overview page. If you use an instant payment system (e.g., PayPal) as the payment method, you will be directed to the order overview page in our online shop or redi­rected to the website of the instant payment system pro­vider to confirm the purchase here. Finally, you will be redi­rected back to our online shop to the order overview page.
By sub­mitting the order via the “order with obli­gation to pay” button, you legally bin­dingly declare your accep­tance of the offer, thereby con­cluding the con­tract.

(4) The request to create a quote is non-binding for you. We will submit a binding offer to you in text form (by e‑mail), which you can accept within the spe­cified time.

(5) The pro­cessing of the order and the trans­mission of all infor­mation required in con­nection with the con­clusion of the con­tract is carried out by e‑mail, partly auto­ma­ti­cally. You must the­r­efore ensure that the e‑mail address you have stored with us is correct, that the receipt of the e‑mails is tech­ni­cally gua­ranteed and is not pre­vented in par­ti­cular by spam filters.

(6) Rebooking and Can­cel­lation:

(6.1) Rebooking of “Live im Lokal” tickets and Live Tastings to another desired date: • a flat pro­cessing fee of €25 applies

(6.2) Can­cel­lation of “Live im Lokal” tickets and vou­chers: • Exclusion of right of with­drawal and return rights

(6.3) Can­cel­lation of Beer Web­inars and Live Tastings: • Exclusion of right of with­drawal and return rights

(6.4) Con­di­tions regarding indi­vi­dually cus­to­mized tastings:

(6.4.1) Changes to the booking / adding indi­vidual persons as well as extras/specials: • Changes to the booking are free of charge up to 14 days before the event • From 14 days before the event and every further change incurs a flat pro­cessing fee of €15 • Can­celing indi­vidual persons is only pos­sible up to 24 hours before the event • Com­plete rebooking of the tasting to another desired date costs a flat fee of €50 • Every change must be made in the form of an e‑mail

(6.4.2) Can­cel­lation of the booking: • Made in the form of an e‑mail • Up to 4 weeks before the event, a can­cel­lation fee of €100 applies • From 4 weeks before the event, 50% of the total invoice amount applies as a can­cel­lation fee • From 48 hours before the event, 75% of the total invoice amount applies as a can­cel­lation fee

(7) Can­cel­la­tions and changes on our part: It may occa­sio­nally happen that we need to correct some details, errors, or changes. In this context, it may be necessary to cancel or change already con­firmed tickets. We reserve the right for such cases.

§ 3 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it con­cerns claims from the same con­tractual rela­ti­onship.

(2) The goods remain our pro­perty until the purchase price has been paid in full.

§ 4 War­ranty and Gua­rantees

(1) Sta­tutory rights for defects exist.

(2) When con­sumers purchase used goods, if a defect occurs after one year from the delivery of the goods, claims for defects are excluded. Defects that occur within one year from the delivery of the goods can be asserted within the sta­tutory limi­tation period of two years from the delivery of the goods. For entre­pre­neurs, the limi­tation period for claims for defects for newly manu­fac­tured items is one year from the transfer of risk. The sale of used goods is made with the exclusion of any war­ranty. The sta­tutory limi­tation periods for the right of recourse under § 445a BGB remain unaf­fected. With respect to entre­pre­neurs, only our own state­ments and the manu­fac­tu­rer’s product descrip­tions incor­po­rated into the con­tract shall be deemed an agreement on the quality of the goods; we assume no lia­bility for public state­ments by the manu­fac­turer or other adver­tising state­ments. If the deli­vered item is defective, we shall initially provide war­ranty to entre­pre­neurs at our dis­cretion by reme­dying the defect (sub­se­quent impro­vement) or by deli­vering a defect-free item (repla­cement delivery). The afo­re­men­tioned limi­ta­tions and shor­tening of periods do not apply to claims for damages caused by us, our legal repre­sen­ta­tives, or vica­rious agents: • in case of injury to life, body, or health • in case of inten­tional or grossly negligent breach of duty as well as fraud • in case of breach of material con­tractual obli­ga­tions whose ful­fillment enables the proper exe­cution of the con­tract in the first place and on whose com­pliance the con­tractual partner may regu­larly rely (car­dinal obli­ga­tions) • within the scope of a war­ranty promise, insofar as agreed • insofar as the scope of the Product Lia­bility Act is opened. Infor­mation on any addi­tional war­ranties that may apply and their exact con­di­tions can be found with the product and on special infor­mation pages in the online shop.

(3) As a con­sumer, you are requested to check the goods imme­diately upon delivery for com­ple­teness, obvious defects, and transport damage and to notify us and the carrier of any com­plaints as soon as pos­sible. Failure to do so will not affect your sta­tutory war­ranty claims.

§ 5 Choice of Law, Place of Per­for­mance, Juris­diction

(1) German law applies. For con­sumers, this choice of law applies only insofar as it does not deprive them of the pro­tection afforded by man­datory pro­vi­sions of the law of the state of their habitual resi­dence (favora­bility prin­ciple).

(2) The place of per­for­mance for all ser­vices arising from the business rela­ti­onships existing with us, as well as the place of juris­diction, is our regis­tered office, pro­vided you are not a con­sumer but a mer­chant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of juris­diction in Germany or the EU, or if your place of resi­dence or habitual abode is not known at the time the action is brought. This does not affect the aut­ho­rization to bring the action before the court at another sta­tutory place of juris­diction.

§ 6 Pro­tection of Minors

(1) In the sale of goods subject to the Youth Pro­tection Act, we only enter into con­tractual rela­ti­onships with cus­tomers who have reached the legally pre­scribed minimum age. Existing age rest­ric­tions are indi­cated in the respective product description.

(2) By sub­mitting your order, you confirm that you have reached the legally pre­scribed minimum age and that your details regarding your name and address are correct. You are obliged to ensure that only you yourself or persons aut­ho­rized by you to receive the delivery who have reached the legally pre­scribed minimum age accept the goods.

(3) Insofar as we are obliged by sta­tutory pro­vi­sions to carry out an age veri­fi­cation, we ins­truct the logi­stics service pro­vider com­mis­sioned with the delivery to hand over the delivery only to persons who have reached the legally pre­scribed minimum age and, in case of doubt, to request to see the ID of the person accepting the goods for age veri­fi­cation.

(4) Insofar as we indicate in the respective product description that you must have com­pleted your 18th year of life to purchase the goods, beyond the legally pre­scribed minimum age, the pre­ceding para­graphs 1–3 shall apply with the proviso that adulthood must exist instead of the legally pre­scribed minimum age.

§ 7 Third-Party Ser­vices

(1) Service pro­viders or service com­panies are com­panies in the ter­tiary sector and have a business form through which one or more ser­vices are pro­vided. Con­tractual devia­tions and changes between Bier-Events and the third-party service pro­vider must be con­trac­tually agreed in writing in a con­tract spe­cific to the order. A sub­se­quent uni­la­teral change to the AGB con­sti­tutes an imper­mis­sible con­tract amendment and is void. Con­tract amend­ments as well as changes to the AGB can only be made with the written consent of Bier-Events.

II. Cus­tomer Infor­mation

1. Identity of the Seller

BierTour | Adam Hellmann
Euler­straße 2
48155 Münster
Deutschland
Telefon: 0251 / 20835300
E‑Mail: info@biertour.de

Company Com­plaints Department:
info@biertour.de

Alter­native Dispute Reso­lution:
The European Com­mission pro­vides a platform for out-of-court online dispute reso­lution (OS platform), acces­sible at https://ec.europa.eu/odr.

2. Infor­mation on Con­tract For­mation

The tech­nical steps for con­tract con­clusion, the con­tract con­clusion itself, and cor­rection options are governed by the pro­vi­sions of “Con­tract For­mation” in our General Terms and Con­di­tions (Part I.).

3. Con­tract Lan­guage, Con­tract Text Storage

3.1. The con­tract lan­guage is German.

3.2. We do not store the full con­tract text. Before sub­mitting the order via the online shopping cart system, the con­tract data can be printed using the brow­ser’s print function or saved elec­tro­ni­cally. After we receive the order, the order data will be sent to you again by e‑mail.

3.3. For quote requests outside the online shopping cart system, you will receive all con­tract data as part of a binding offer in text form, e.g., by email, which you can print or save elec­tro­ni­cally.

4. Essential Cha­rac­te­ristics of the Goods or Service

The essential cha­rac­te­ristics of the goods and/or service can be found in the respective offer.

5. Prices and Payment Terms

5.1. The prices listed in the respective offers, as well as the shipping costs, represent total prices. They include all price com­ponents, including all appli­cable taxes.

5.2. The appli­cable shipping costs are not included in the purchase price. They can be accessed via a cor­re­spon­dingly labeled button on our website or in the respective offer, are shown sepa­rately during the ordering process, and must be borne by you in addition, unless free shipping is pro­mised.

5.3. We only deliver within Germany.

5.4. The available payment methods are indi­cated under a cor­re­spon­dingly labeled button on our website or in the respective offer.

5.5. Unless otherwise spe­cified for indi­vidual payment methods, the payment claims from the con­cluded con­tract are due imme­diately.

6. Delivery Con­di­tions

6.1. The delivery con­di­tions and any existing delivery rest­ric­tions can be found under a cor­re­spon­dingly labeled button on our website or in the respective offer.

6.2. If you are a con­sumer, it is legally sti­pu­lated that the risk of acci­dental loss and acci­dental dete­rio­ration of the sold item during shipment passes to you only upon han­dover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have inde­pendently com­mis­sioned a transport company not desi­gnated by the entre­preneur or any other person appointed to carry out the shipment.

7. Sta­tutory Lia­bility for Defects

The lia­bility for defects is governed by the “War­ranty” pro­vision in our General Terms and Con­di­tions (Part I).