Product has been added to your cart.

General Terms and Conditions

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

1. scope, subject matter and conclusion of the respective contract

  1. The following terms and conditions conclusively regulate the contractual relationship between Klosterbrauerei Weißenohe GmbH & Co. KG, Klosterstrasse 20, 91367 Weißenohe, hereinafter referred to as “Seller” and the respective customer.
  2. These General Terms and Conditions apply exclusively. Any terms and conditions of the customer that conflict with or deviate from these terms and conditions shall not be recognized unless the seller has expressly agreed to them in individual cases.
  3. They apply to both consumers and entrepreneurs. For the purposes of these GTC, a consumer is any natural person who places an order for purposes that are predominantly outside their trade, business or profession. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when placing an order.
  4. The subject of the respective contract is the sale of goods by the seller to the customer.
  5. The offers provided by the seller on its website are binding offers to conclude a purchase contract. An effective purchase contract between the parties is concluded when the buyer clicks on “order with obligation to pay” at the end of the order process.
  6. The text of the contract and the General Terms and Conditions are sent to the customer by email after the order is placed. In addition, customers who have created a customer account can access their respective orders via their customer account at any time after conclusion of the contract.
  7. The contract shall be concluded exclusively in German. German law shall apply if the customer is a merchant.
  8. All prices quoted are gross prices in euros.

2. processing of the purchase contract, shipping costs

  1. The customer shall bear the shipping costs from the location of the seller’s branch in accordance with the shipping cost table valid at the time of the order.
  2. Payment of the purchase price is due immediately upon conclusion of the purchase contract. The customer has the option of choosing between different payment methods.
  3. In the case of return debit notes and refusal to accept cash on delivery shipments, these additional costs will be charged to the customer.
  4. The seller is entitled to withdraw from the contract if he does not receive the object of performance despite the prior conclusion of a corresponding purchase contract; the seller’s liability for intent or negligence remains unaffected. In this case, the Seller shall immediately inform the Buyer of the non-availability and immediately refund any consideration already paid. In this case, the Seller reserves the right to offer goods of an equivalent price and quality with the aim of concluding a new contract for the purchase of goods of the same price and quality.
  5. The customer shall inspect the ordered goods immediately after delivery, insofar as this is a mutual commercial transaction within the meaning of the German Commercial Code. This applies in particular with regard to the completeness of the goods and their respective functionality. The seller must be notified immediately of any defects that are discovered or are readily identifiable. A detailed description of the defect must be enclosed. If the Buyer fails to notify the Seller, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection.
  6. Defects in the goods which cannot be detected in the course of a proper inspection in accordance with paragraph 5 must be notified to the seller immediately after their discovery, insofar as it is a mutual commercial transaction; otherwise the goods shall be deemed to have been approved even in view of this defect.

3 Warranty and liability

  1. The seller is generally liable for defects in the goods in accordance with the statutory provisions of the law on the sale of goods (§§ 434 ff. BGB) and – if the customer is a consumer – the law on the sale of consumer goods (§§ 474 ff. BGB), unless otherwise stipulated in these GTC.
  1. If the customer is an entrepreneur, the warranty period for the rights under Section 437 No. 1 and No. 3 BGB for new items is one year from the start of the statutory limitation period, in deviation from Section 438 (1) No. 3 BGB. For consumers, the statutory warranty period of two years applies in the case of § 438 Para. 1 No. 3 BGB.
  2. If the customer is an entrepreneur, the warranty for used items is excluded. With regard to consumers, the warranty period for the rights arising from § 437 No. 1 and No. 3 BGB is shortened to one year from the start of the statutory limitation period for used items, in deviation from § 438 Para. 1 No. 3 BGB.
  3. The seller is generally not liable for damages caused by slight negligence.
  4. The limitations of liability according to the preceding numbers 2, 3 and 4 do not apply to damages resulting from injury to life, body or health, fraudulent concealment of defects, claims arising from the Product Liability Act, in the case of intent and gross negligence as well as in the case of breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely.

4 Retention of title, transfer of risk

  1. The delivered goods remain the property of the seller until full payment has been made.
  2. If the customer is an entrepreneur, the risk is transferred to the entrepreneur when the goods are handed over to the transport company. In the case of consumers, the risk is only transferred when the goods are handed over to the customer.

5. default and default costs

    1. The customer, who is not a consumer, shall be in default if he has not made payment within 30 days of the due date.
    2. Consumers also fall into arrears within 30 days of the due date if they are informed of this consequence in the invoice or request for payment.
    3. The seller is entitled to charge the customer a flat-rate reminder fee of €2.50 for each reminder. The customer is permitted to prove that no or only minor damage has been incurred. The assertion of further reminder costs is expressly reserved.

6. final provisions

  1. If the customer is not a consumer, these General Terms and Conditions and the respective purchase contract concluded shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  2. If the parties are registered traders, the place of jurisdiction for all disputes arising from or in connection with this contract shall be the city of the seller’s registered office.
  3. Should one or more clauses of these terms and conditions be wholly or partially invalid, this shall not affect the validity of the remaining provisions.

Status: 19.05.2021

Menu