I. GENERAL TERMS AND CONDITIONS
§ 1 BASIC PROVISIONS
(1) The following terms and conditions apply to all the contracts, which you conclude with us as a supplier (MetaBrewSociety GmbH) via the website https://www.metabrewsociety.com. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 CONCLUSION OF THE CONTRACT
(1) The subject of the contract is the sale of goods.
(2) As soon as the respective product is placed on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up 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 terms of payment and shipping, all order data are then displayed again on the order overview page. If you use an instant payment system (e.g. PayPal / PayPal Express) as the payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system. If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. You will then be redirected back to the order overview page in our online shop. Before submitting the order, you have the opportunity to check all of the information here again, to change it (also using the "back" function of the internet browser) or to cancel the purchase. By submitting the order via the "order with obligation to pay" button, you make a legally binding declaration the acceptance of the offer, whereby the contract comes about.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 RIGHT OF RETENTION, RESERVATION OF TITLE
(1) You can 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
(1) The statutory warranty rights apply.
(2) As a consumer, you are asked to check the item for completeness, obvious defects and transport damage immediately upon delivery and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.
§ 5 CHOICE OF LAW, PLACE OF PERFORMANCE, JURISDICTION
(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office if 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 domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
§ 6 YOUTH PROTECTION
(1) When selling goods that are subject to the provisions of 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 on the website.
(2) By submitting your order, you assure 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 or persons authorized by you to accept the delivery who have reached the legally prescribed minimum age receive the goods.
(3) Insofar as we are obliged by law to carry out an age check, we instruct the logistics service provider commissioned with the delivery to only hand over the delivery to persons who have reached the legally prescribed minimum age and, in case of doubt, to obtain the identity card of the person responsible Have the goods presented to the person receiving the goods for an age check.
(4) Insofar as we state in the respective item description that you must be over the age of 18 to purchase the goods, above and beyond the statutory minimum age, the above paragraphs 1-3 apply with the proviso that you are of legal age instead of the statutory minimum age must.
II. CUSTOMER INFORMATION
1. IDENTITY OF SELLER
Online Shop & General Inquiries: email@example.com
Alternative dispute resolution: The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
We are not willing to participate in dispute settlement procedures before consumer arbitration boards.
2. INFORMATION ABOUT THE CONCLUSION OF THE CONTRACT THE TECHNICAL STEPS TO THE CONCLUSION OF THE CONTRACT, THE CONCLUSION OF THE CONTRACT ITSELF AND THE CORRECTION OPTIONS ARE TAKEN IN ACCORDANCE WITH THE REGULATIONS "FORMATION OF THE CONTRACT" IN OUR GENERAL TERMS AND CONDITIONS (PART I.)
3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
3.1. Contract language is German.
3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the print function of the browser. After we have received the order, the order data will be sent to you again by e-mail.
4. ESSENTIAL CHARACTERISTICS OF THE GOODS OR SERVICE
The essential features of the goods and/or service can be found in the respective offer.
5. PRICES AND PAYMENT METHODS
5.1. The prices listed in the respective offers as well as the deposit and shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The resulting deposit and shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless delivery free of deposit and/or free of shipping costs has been promised.
5.3. You have to bear the costs incurred for the money transfer (bank transfer or exchange rate fees) in cases where the delivery is made to an EU member state but the payment was made outside the European Union.
5.4. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. TERMS OF DELIVERY
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person responsible for carrying out the shipment.
7. LEGAL LIABILITY FOR DEFECTS THE LIABILITY FOR DEFECTS IS ALIGNED WITH THE “GUARANTEE” REGULATION IN OUR GENERAL TERMS AND CONDITIONS.
These terms and conditions and customer information are constantly checked for legal conformity.