GENERAL TERMS AND CONDITIONS

GENERAL DELIVERY AND PAYMENT TERMS

General delivery and payment terms of OeTTINGER Brauerei GmbH

General delivery and payment terms of OeTTINGER Brauerei GmbH
(Version: July 2013)

Section 1 General, Scope of application
The following terms and conditions apply to all business relationships with our business partners (hereinafter referred to as “Customer”). These terms only apply in the case the Customer is a businessman (Section 14 German Civil Code [BGB]), a legal person under public law or a special fund under public law. Deviating, conflicting or supplementing general terms and conditions of the Customer are not a component of this agreement, unless OeTTINGER has provided express consent to the applicability of such terms. This requirement to provide consent applies in all cases, including if OeTTINGER has knowledge of the Customer’s terms and conditions and performs delivery to the Customer without expressly objecting to such Customer terms and conditions, or OeTTINGER does not respond to the terms and conditions provided by the Customer.

Section 2 Conclusion of the agreement
Our offers are subject to confirmation and are non-binding. The Customer’s order for the purchase of goods is a binding offer to conclude an agreement. OeTTINGER may declare acceptance of such a binding offer in writing, in text form or through the delivery of the goods.

Section 3 Delivery, Passing of risk
Delivery deadlines are individually agreed upon, or OeTTINGER provides delivery dates upon acceptance of the purchase order. Should OeTTINGER be unable to meet the agreed upon delivery dates for reasons outside of OeTTINGER’s responsibility, OeTTINGER will notify the Customer without undue delay and OeTTINGER will reschedule delivery within a reasonable period of time. Should the products or service also be not available within the rescheduled delivery period, OeTTINGER may withdraw from the agreement, in whole or in part; OeTTINGER will reimburse any payments received from the Customer without undue delay. The Customer’s rights according to Section 4 and OeTTINGER’s statutory rights, in particular in the case of exclusion of the obligation to perform (e.g. based on impossibility, unreasonableness and/or subsequent performance) remain unaffected.
In case OeTTINGER personnel delivers the goods, the risk of accidental loss and accidental deterioration of the goods passes to the Customer upon transfer of the goods to the Customer.
In the case goods are sold ex works, the transportation risk passes to the Customer after all of the products are placed on the floor of the vehicle of the Customer or the Customer’s agent. OeTTINGER is not a shipping agent within the definition of Section 412 German Commercial Code [HGB]. The Customer’s agent for pick-up of the goods performs loading and transport of the goods according to the current state of cargo securing technology and methods. The Customer’s agent provides the required load securing equipment and ensures furthermore that the used vehicles are technically suited for transport. OeTTINGER is not liable for damages arising from the use of technically inappropriate vehicles and/or insufficient securing of the load.

Section 4 Quality commitment, Claims of defects and Liability
OeTTINGER warrants that goods are delivered in flawless condition. OeTTINGER is not liable for defects resulting from goods’ storage after delivery that is not cold storage, frost-proof and protected against sunlight and light. Goods are to be inspected promptly upon receipt for defects of any kind (in particular variations in quantity as compared to the quantity stated on the delivery note); the Customer is obliged to provide OeTTINGER with a notice of defects without undue delay. The Customer is obliged to notify OeTTINGER of any hidden defects immediately after their discovery. Otherwise, OeTTINGER’s liability for hidden defects is excluded. In the case a notice of defects is justified and received with in due time, OeTTINGER may deliver goods free of defects within a reasonable delivery period.
OeTTINGER is liable for damages in the case of intent and gross negligence, for any legal reasons whatsoever. In the case of simple negligence, OeTTINGER is only liable for damages arising from injuries to life, body or health or for damages arising from a violation of material contractual obligations (obligations, whose performance is a prerequisite for the proper execution of the agreement and on whose performance the contracting party routinely relies on and may rely on); in this case, OeTTINGER’s liability is, however, limited to the compensation of the foreseeable damage that is typical for such agreements. The limitations of liability above do not apply in the cause that, OeTTINGER has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods. The same applies to claims of the Customer according to the German Product Liability Act [Produkthaftungsgesetz].

Section 5 Pricing, Payment terms, SEPA-direct debiting
Unless otherwise agreed, the current prices of OeTTINGER for delivery within Germany at the time the agreement is concluded apply in terms of carriage paid plus statutory VAT. Separate prices apply in the case of pick-up at the warehouse and deliveries abroad. Unless agreed otherwise, agreed prices are due immediately upon delivery through SEPA direct debit collection. Should payment be effected otherwise, OeTTINGER reserves the right to charge a flat fee of EUR 2.00/hl for additional expenses.
The pre-notification period, which the creditor is obliged to provide prior to collecting trade receivables within the scope of SEPA direct debit collection, is shortened to “at least one (1) day”. Pre-notification is provided jointly with our invoice and contains all relevant information (due date, mandate reference, creditor identifier). Should the due date be on a weekend or a public holiday, the applicable due date is the next business day.
The Customer may only offset against its counterclaims or exercise retention rights to the extent the Customer claim is recognised by declaratory judgement or uncontested.

Section 6 Reservation of Title
OeTTINGER reserves the title of sold goods (“goods subject to reservation of title”) until all of our current and future claims from the purchase agreement and an active business relationship (secured claims) are paid in full. Should OeTTINGER withdraw from the agreement (enforcement event) due to breach of contract by the Customer – in particular in the event of default – OeTTINGER is entitled to demand the return of the goods subject to reservation of title.
The Customer may resell the goods subject to reservation of title in the normal course of business. It is not permissible to pledge goods or transfer ownership to goods as security. In the event the Customer resells goods subject to reservation of title, the Customer hereby assigns as security to OeTTINGER any claim arising from such resale against the respective buyer. The same applies to other claims that replace goods subject to reservation of title or that otherwise arise from goods subject to reservation of title, such as insurance claims or claims for tort in the event goods subject to reservation of title are lost or destroyed. OeTTINGER revocably authorises the Customer to collect in its own name the claims the Customer has assigned to the seller. OeTTINGER will only revoke this authorisation to collect claims in the case of an enforcement event.
In the event third parties exercise any rights or titles against goods subject to reservation of title, in particular by way of attachment, the Customer will promptly notify such third parties that the goods subject to reservation of title are the property of OeTTINGER and inform OeTTINGER without undue delay.
In the event the fair market value of the securities exceeds OeTTINGER’s claims by more than 10%, OeTTINGER will release securities at their option upon the Customer’s demand.

Section 7 Empties and Deposits
Returnable empties (empty bottles, cases, and barrels) and pallets are provided to the Customer on a loan basis. The Customer is obliged to return to OeTTINGER empties and pallets of the same kind, quality and quantity after the intended use without undue delay. Deposit is charged according to the price list for returnable empties. Returnable empties may not be resold or used otherwise. OeTTINGER invoices the applicable deposit amounts for returnable empties. Deposit amounts are payable jointly with the purchase price for the goods plus VAT. The Customer is obliged to return empties in proper condition. The Customer is obliged to pay damages for empties that are either not returned or not returned properly. In this case, the credit balance for paid deposits is credited. OeTTINGER has no obligation to accept more empties than OeTTINGER originally delivered. OeTTINGER has no obligation to accept returnable empties subject to deposit that are the property of third parties (in particular empties of different shape, size or colour, or with relief printing). The provisions above also apply to pallets.

Section 8 Governing Law and Place of Jurisdiction
This and all future legal relationships between OeTTINGER and the Customer are governed by the laws of the Federal Republic of Germany under exclusion of international uniform law, in particular the United Nations Convention on Contracts for the International Sale of Goods (CISG). In the event the Customer is a businessman within the meaning of the German Commercial Code [HGB], a legal person under public law or a special fund under public law, the exclusive place of jurisdiction, also internationally, for all disputes arising from or in connection with this Agreement is the seat of OeTTINGER in Oettingen, Germany. OeTTINGER is, however, entitled to institute legal proceedings at the Customer’s general place of jurisdiction.

Note: The Customer hereby takes notice that OeTTINGER stores data provided within the scope of the contractual relationship according to Section 28 German Federal Data Protection Act [Bundesdatenschutzgesetz] and that OeTTINGER reserves the right to provide such data to third parties (e.g. insurances) to the extent required for the performance of this agreement.

FANSHOP AND SPECIFIC CUSTOMER INFORMATION

Information prior to the Conclusion of Distance Contracts

Counterparty to the agreement
Your contracting party for all purchase agreements that are concluded using the “OeTTINGER-Fanshop” website (www.oettinger-bier.de) is

OeTTINGER Brauerei GmbH
Brauhausstraße 8
86732 Oettingen i. Bay.

Managing Directors:
Peter Böck, Dr. Andreas W. Boettger, Pia Kollmar

Registration number: HRB 759 District Court of Augsburg
Vat-ID No.: DE 127 493 154

Email: fanshop@oettinger-bier.de
Phone: +49 (0) 9082 708-0
Fax: +49 (0) 9082 708-7014

(hereinafter referred to as OeTTINGER)

OeTTINGER-Fanshop exclusively addresses customers of legal age. Orders placed by minors are not accepted.

Conclusion of the agreement
The order you placed using the “OeTTINGER-Fanshop” order form represents an offer to OeTTINGER for the conclusion of a purchase agreement. After receipt of your order, OeTTINGER will send you an email with a receipt confirming your order and the individual order items listed in your order (Order Confirmation). This order confirmation does not constitute the conclusion of a purchase agreement. The order confirmation is issued for the purpose of information and order review only. OeTTINGER accepts your offer after the review of your order by sending you a separate email or by shipping the ordered goods.

Product description
“OeTTINGER-Fanshop” exclusively offers fan merchandise for “OeTTINGER” brand products. A detailed product description and the significant features of the goods can be obtained from the descriptions of the respective merchandise on the www.oettinger-bier.de/shop web pages. The products illustrated on a web page may vary in colour and appearance from the actual product.

Prices and shipping costs
The price indicated on the “OeTTINGER-Fanshop” web page applies to your orders. All prices are consumer prices, including statutory VAT plus shipping costs.

In general, OeTTINGER delivers goods to recipients within the European Union and to destinations located in Switzerland, Andorra, Norway, the Vatican State and Liechtenstein.

Germany – Parcel
up to 31.5 kg
5.70 €
Shipping Zone 1 – EU
Belgien, Däne­mark (Faröer und Grön­land), Frank­reich, Luxem­burg, Monaco, Nieder­lande, Öster­reich, Polen, Tsche­chi­sche Repu­blik
bis 1 kgbis 2 kgbis 3 kgbis 4 kgbis 5 kgbis 6 kgbis 7 kgbis 8 kg
10,80 €11,65 €12,50 €13,35 €14,20 €15,05 €15,90 €16,75 €
bis 9 kgbis 10 kgbis 11 kgbis 12 kgbis 13 kgbis 14 kgbis 15 kgbis 16 kg
17,60 €18,45 €19,30 €20,15 €21,00 €21,85 €22,70 €23,55 €
bis 17 kgbis 18 kgbis 19 kgbis 20 kgbis 21 kgbis 22 kgbis 23 kgbis 24 kg
24,40 €25,25 €26,10 €26,95 €27,80 €28,65 €29,50 €30,35 €
bis 25 kgbis 26 kgbis 27 kgbis 28 kgbis 29 kgbis 30 kgbis 31 kgbis 31,5 kg
31,20 €32,05 €32,90 €33,75 €34,60 €35,45 €36,30 €36,73 €
Shipping Zone 1 – nicht EU
Liechtenstein, Schweiz
bis 1 kgbis 2 kgbis 3 kgbis 4 kgbis 5 kgbis 6 kgbis 7 kgbis 8 kg
12,60 €14,20 €15,80 €17,40 €19,00 €20,60 €22,20 €23,80 €
bis 9 kgbis 10 kgbis 11 kgbis 12 kgbis 13 kgbis 14 kgbis 15 kgbis 16 kg
25,40 €27,00 €28,60 €30,20 €31,80 €33,40 €35,00 €36,60 €
bis 17 kgbis 18 kgbis 19 kgbis 20 kgbis 21 kgbis 22 kgbis 23 kgbis 24 kg
38,20 €39,80 €41,40 €43,00 €44,60 €46,20 €47,80 €49,40 €
bis 25 kgbis 26 kgbis 27 kgbis 28 kgbis 29 kgbis 30 kgbis 31 kgbis 31,5 kg
51,00 €52,60 €54,20 €55,80 €57,40 €59,00 €60,60 €61,40 €
Shipping Zone 2
Andorra, Groß­bri­tan­nien (inkl. Isle of Man, Guernsey, Jersey), Italien, San Marino, Schweden, Slowakei, Slowenien, Spanien (inkl. Kanaren und Balearen), Ungarn, Vatikanstadt
bis 1 kgbis 2 kgbis 3 kgbis 4 kgbis 5 kgbis 6 kgbis 7 kgbis 8 kg
11,45 €12,40 €13,35 €14,30 €15,25 €16,20 €17,15 €18,10 €
bis 9 kgbis 10 kgbis 11 kgbis 12 kgbis 13 kgbis 14 kgbis 15 kgbis 16 kg
19,05 €20,00 €20,95 €21,90 €22,85 €23,80 €24,75 €25,70 €
bis 17 kgbis 18 kgbis 19 kgbis 20 kgbis 21 kgbis 22 kgbis 23 kgbis 24 kg
26,65 €27,60 €28,55 €29,50 €30,45 €31,40 €32,35 €33,30 €
bis 25 kgbis 26 kgbis 27 kgbis 28 kgbis 29 kgbis 30 kgbis 31 kgbis 31,5 kg
34,25 €35,20 €36,15 €37,10 €38,05 €39,00 €39,95 €40,43 €
Shipping Zone 3
Bulga­rien, Estland, Finn­land, Grie­chen­land, Irland, Lett­land, Litauen, Malta, Norwegen, Portugal (inkl. Azoren und Madeira), Rumä­nien, Zypern
bis 1 kgbis 2 kgbis 3 kgbis 4 kgbis 5 kgbis 6 kgbis 7 kgbis 8 kg
11,55 €12,60 €13,65 €14,70 €15,75 €16,80 €17,85 €18,90 €
bis 9 kgbis 10 kgbis 11 kgbis 12 kgbis 13 kgbis 14 kgbis 15 kgbis 16 kg
19,95 €21,00 €22,05 €23,10 €24,15 €25,20 €26,25 €27,30 €
bis 17 kgbis 18 kgbis 19 kgbis 20 kgbis 21 kgbis 22 kgbis 23 kgbis 24 kg
28,35 €29,40 €30,45 €31,50 €32,55 €33,60 €34,65 €35,70 €
bis 25 kgbis 26 kgbis 27 kgbis 28 kgbis 29 kgbis 30 kgbis 31 kgbis 31,5 kg
36,75 €37,80 €38,85 €39,90 €40,95 €42,00 €43,05 €43,58 €

Please note that shipments to countries outside the European Customs Union and the European Economic Region may be subject to customs duties charged by the local authorities (this applies, particularly to Switzerland). Customs duties are borne by the recipient.

In the case of cash on delivery payment (only within Germany) a cash-on-delivery (COD) fee of 6.00 Euro applies.

Payment modes
When placing your order at our “OeTTINGER-Fanshop”, you have the option of paying by bank transfer to our bank account (advance payment) or via your PayPal account.

Our bank account information:

Account holder: OeTTINGER Brauerei GmbH
Bank: Postbank Nürnberg
Routing number (BLZ): 760 100 85
Bank account number: 233 770 858

IBAN: DE85 7601 0085 0233 7708 58
BIC-/SWIFT-Code: PBNKDEFF

Please provide the Order No. (as indicated on your order) in the note to payee section.

Delivery periods and availability
Goods shipped upon receipt of payment via PayPal (PayPal directly or via credit card payment using PayPal) after order completion and release of the payment data. Delivery within ten (10) working days applies to these orders. In the case of payment via bank transfer (advance payment), the goods are shipped once the amount has been credited to the payment account. For this reason, shipment is within ten (10) working days after receipt of payment.


Cancellation policy, withdrawal form template
If you are a customer (i.e. a natural person, who places the order for a purpose that is not attributable to commercial or independent professional activities), you have a right to withdraw from this agreement according to the statutory provisions.

In the event you are exercising your right to withdraw from this agreement according to Section 1 as mentioned above, OeTTINGER will bear the costs for the return of the goods.

Otherwise the provisions contained in the following cancellation instructions apply to your right to withdrawal.

CANCELLATION INSTRUCTIONS

Right to withdrawal
You have the right to withdraw from this agreement within 14 days without giving any reason.

The withdrawal period is fourteen (14) days from the date you or a third party designated by you, that is not the carrier, has taken the goods in possession.

To exercise the right of withdrawal, you must inform OeTTINGER (OeTTINGER Brauerei GmbH – OeTTINGER-Fanshop – Brauhausstraße 8, 86732 Oettingen i. Bay., Email: fanshop@oettinger-bier.de, Fax: +49 (0) 9082 708-7014) of your decision to withdraw from this agreement by issuing a clear statement of your intent to withdraw. You may use the attached withdrawal form template, but it is not obligatory. You may also electronically complete the withdrawal form template or provide another clear statement of your intent to withdraw through the OeTTINGER website (www.oettinger-bier.de) and transmit such form or statement to OeTTINGER. OeTTINGER will promptly send you (e.g. per email) a confirmation of the receipt of such statement of your intent to withdrawal, should you exercise this option.

To meet the withdrawal deadline, send your communication/correspondence concerning the exercise of your right to withdrawal before the withdrawal period has expired in order to meet this requirement.

Effects of withdrawal

If you withdraw from this agreement, OeTTINGER is obliged to reimburse all payments they have received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and, in any event, not later than fourteen (14) days from the day on which we received your communication to withdraw from this agreement. OeTTINGER will perform such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. OeTTINGER may delay reimbursement until OeTTINGER has received the returned goods or until you have provided proof that you have returned the goods, whichever date is earlier.

You are obliged to return or hand over the goods without undue delay and, in any case, at the latest within fourteen (14) days from the date you notified OeTTINGER of your withdrawal from this agreement (OeTTINGER Brauerei GmbH – OeTTINGER-Fanshop – Brauhausstraße 8, 86732 Oettingen i. Bay.). The deadline requirement is met if you send the return goods prior to the expiry of the fourteen (14) day period.

OeTTINGER bears the direct costs for goods return.

You are only liable for any reduced value of the goods resulting from handling the goods in a way other than what is common to establish the nature, characteristics and functioning of the goods.

Withdrawal Form Template


Withdrawal Form Template

If you wish to withdraw from the agreement, please send the completed form to:

OeTTINGER Brauerei GmbH 
– OeTTINGER-Fanshop – 
Brauhausstraße 8, 86732 Oettingen i. Bay.
Germany

Email: fanshop@oettinger-bier.de

Fax: +49 (0) 9082 708-7014

– I/we* hereby give notice that I/we* withdraw from my/our* purchase agreement of the following goods(*)/for the provision of the following service(*)

– Ordered on(*)/received on(*)

– Name of customer(s)

– Address of customer(s)

– Signature of customer(s) (only required if this is provided in paper form)

– Date

(*) Delete as appropriate.


END OF WITHDRAWAL INSTRUCTIONS

The right to withdrawal does not apply to distance contracts

(a) for the supply of goods produced according to customer specifications or clearly tailored to personal needs or which, by reason of their quality, are not suitable for return or may spoil quickly or whose expiration date would be exceeded,

(b) for the delivery of audio or video recordings or of software of which you broke the seal on the data carriers.

Information on the Electronic Conclusion of an Agreement

OeTTINGER stores all data provided by the customer associated with the agreement after the order has been placed and the agreement has been concluded. The general information and the General Terms and Conditions may be reviewed at any time on the “OeTTINGER-Fanshop” pages. Prior to the actual placement of an order, you can review your entered data and correct your data by clicking on the “back” button, if required. You can read and review the individual items of your order in the electronic order receipt confirmation. As soon as OeTTINGER has accepted your offer or order, OeTTINGER will provide you with an acceptance notice in form of an email and ship the goods to your address. Otherwise acceptance of your offer to conclude a purchase agreement is declared by way of the shipment of the goods to your address.

OeTTINGER only concludes agreements in German. The current version of the “OeTTINGER-Fanshop” General Terms and Conditions for the sale and delivery of goods and services may be downloaded at www.oettinger-bier.de.

General Terms and Conditions for the sale and delivery of goods and services

Section 1 Scope of application
(1) These General Terms and Conditions for the sale and delivery of goods and services apply to “OeTTINGER-Fanshop”. This online shop is operated by

OeTTINGER Brauerei GmbH
Brauhausstraße 8
86732 Oettingen i. Bay.

Managing Directors:
Peter Böck, Dr. Andreas W. Boettger, Pia Kollmar

Registration number: HRB 759 District Court of Augsburg
VAT-ID No.: DE 127 493 154

(hereinafter referred to as OeTTINGER)

OeTTINGER is the contracting party pertaining to all purchase agreements that are concluded using the “OeTTINGER-Fanshop” website (www.oettinger-bier.de).

OeTTINGER-Fanshop exclusively services customers of legal age (hereinafter referred to as Customer). Orders placed by minors are not accepted. Upon placing an order, the Customer assures that he or she is at least eighteen (18) years of age and that the provided information is accurate. The Customer undertakes to ensure that only the Customer or individuals of legal age authorised by the Customer will take delivery of the goods.

(2) Deviating, conflicting or supplementing general terms and conditions of the Customer are not a component of this agreement, even if OeTTINGER has knowledge of such terms and conditions, unless OeTTINGER expressly consents to the applicability of such terms and conditions in writing. OeTTINGER hereby expressly objects to any prohibition or limitation of assignment contained in any general terms and conditions of businessmen. These delivery terms and conditions also apply if OeTTINGER has knowledge of the Customer’s conflicting or deviating terms and conditions, and delivers the ordered goods to the Customer without expressly objecting to such Customer’s terms and conditions.

(3) “Oetti-Fanshop” products are, in general, exclusively sold and shipped to countries expressly listed in the shipping information.

Section 2 Conclusion of the agreement
(1) The Customer’s placement of an order using the “OeTTINGER-Fanshop” order form represents a legally binding offer for the conclusion of a purchase agreement with OeTTINGER. After receipt of the Customer’s order, OeTTINGER will send the Customer an email, in which the receipt of the Customer’s order is confirmed and the individual items of the Customer’s order are listed (Order Confirmation). This order confirmation does not constitute acceptance of the Customer’s offer. OeTTINGER accepts the Customer’s offer after the review of the Customer’s order by sending the Customer a separate email or by shipping the ordered goods.

(2) The purpose of information provided by OeTTINGER in OeTTINGER-Fanshop on the OeTTINGER homepage (www.oettinger-bier.de/shop) – such as descriptions, pictures, information on quality, quantity, weight, dimensions or performance – is to specify the products. The actual products may, however, vary from these descriptions. This information may not be interpreted as representations as to quality, unless such information is expressly declared to be binding in writing. Quality, suitability, qualification and functionality, as well as use of the goods are exclusively defined based on the data, information and technical characteristics and properties expressly designated as such.

(3) OeTTINGER will not provide an acceptance notice should the delivery of goods the Customer has ordered not be possible, e.g. because the respective products are not in stock. In this case, an agreement is not concluded. OeTTINGER will notify the Customer of such fact without undue delay and reimburse any received payments without undue delay.

Section 3 Pricing and shipping costs
(1) Delivery is based on the prices indicated on the “Oetti-Fanshop” web pages. All prices are consumer prices, including statutory VAT plus shipping costs. Errors and omissions are excepted.

(2) OeTTINGER exclusively ships goods to countries within Europe that are listed in the shipping information. A flat shipping fee of 5.70 Euro applies to shipments within Germany. Shipping costs for other destinations may be obtained from the shipping information.

Section 4 Delivery periods and availability
(1) Goods’ availability is indicated on the product pages. Goods are shipped after the review and release of the Customer’s data. In general, delivery is within ten (10) working days. In the case of payment via bank transfer (advance payment), the goods are shipped once the amount has been credited to the payment account. For this reason, shipment is within ten (10) working days after receipt of payment.

(2) OeTTINGER reserves the right to partial deliveries, if appropriate, unless partial deliveries are unreasonable to the Customer. Additional shipping costs only apply in the case the Customer expressly requested partial delivery.

Section 5 Payment options, due date, Default
(1) OeTTINGER accepts payment via bank transfer (advance payment) and PayPal.

(2) Data provided by the Customer for payment purposes are transmitted to OeTTINGER in encrypted form. OeTTINGER will collect payment via the indicated credit card company (via PayPal) i.e. the Customer’s PayPal account after review of the Customer’s data.

(3) In the case of payment via bank transfer (advance payment) or PayPal, the claim for payment becomes due immediately without deduction upon receipt of the order.

(4) The Customer is automatically in arrears thirty (30) days after the due date and receipt of invoice. Earlier occurrence of arrears according to the statutory provisions remains unaffected.

Section 6 Reservation of title
OeTTINGER retains title to the goods until the purchase price has been paid in full.

Section 7 Withdrawal form template
(1) If you are a customer (i.e. a natural person, who places the order for a purpose that is not attributable to commercial or independent professional activities), you have a right to withdraw from this agreement according to the statutory provisions.

(2) In the event you are exercising your right to withdraw from this agreement according to Section 1 as mentioned above, OeTTINGER will bear the costs for the return of the goods.

(3) Otherwise the provisions contained in the following instructions on withdrawal apply to your right to withdrawal.

CANCELLATION INSTRUCTIONS


Right to withdrawal
You have the right to withdraw from this agreement within 14 days without giving any reason.

The withdrawal period is fourteen (14) days from the date you or a third party designated by you, that is not the carrier, has taken the goods in possession.

To exercise the right of withdrawal, you must inform OeTTINGER (OeTTINGER Brauerei GmbH – OeTTINGER-Fanshop – Brauhausstraße 8, 86732 Oettingen i. Bay., Email: fanshop@oettinger-bier.de, Fax: +49 (0) 9082 708-7014) of your decision to withdraw from this agreement by issuing a clear statement of your intent to withdraw. You may use the attached withdrawal form template, but it is not obligatory. You may also electronically complete the withdrawal form template or provide another clear statement of your intent to withdraw through the OeTTINGER website (www.oettinger-bier.de) and transmit such form or statement to OeTTINGER. OeTTINGER will promptly send you (e.g. per email) a confirmation of the receipt of such statement of your intent to withdrawal, should you exercise this option.

To meet the withdrawal deadline, send your communication/correspondence concerning the exercise of your right to withdrawal before the withdrawal period has expired in order to meet this requirement.

Effects of withdrawal

If you withdraw from this agreement, OeTTINGER is obliged to reimburse all payments they have received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and, in any event, not later than fourteen (14) days from the day on which we received your communication to withdraw from this agreement. OeTTINGER will perform such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. OeTTINGER may delay reimbursement until OeTTINGER has received the returned goods or until you have provided proof that you have returned the goods, whichever date is earlier.

You are obliged to return or hand over the goods without undue delay and, in any case, at the latest within fourteen (14) days from the date you notified OeTTINGER of your withdrawal from this agreement (OeTTINGER Brauerei GmbH – OeTTINGER-Fanshop – Brauhausstraße 8, 86732 Oettingen i. Bay.). The deadline requirement is met if you send the return goods prior to the expiry of the fourteen (14) day period.

OeTTINGER bears the direct costs for goods return.

You are only liable for any reduced value of the goods resulting from handling the goods in a way other than what is common to establish the nature, characteristics and functioning of the goods.

Withdrawal Form Template


Withdrawal Form Template

If you wish to withdraw from the agreement, please send the completed form to:

OeTTINGER Brauerei GmbH 
– OeTTINGER-Fanshop – 
Brauhausstraße 8, 86732 Oettingen i. Bay.
Germany

Email: fanshop@oettinger-bier.de

Fax: +49 (0) 9082 708-7014

– I/we* hereby give notice that I/we* withdraw from my/our* purchase agreement of the following goods(*)/for the provision of the following service(*)

– Ordered on(*)/received on(*)

– Name of customer(s)

– Address of customer(s)

– Signature of customer(s) (only required if this is provided in paper form)

– Date

(*) Delete as appropriate.


END OF WITHDRAWAL INSTRUCTIONS

The right to withdrawal does not apply to distance contracts

(a) for the supply of goods produced according to customer specifications or clearly tailored to personal needs or which, by reason of their quality, are not suitable for return or may spoil quickly or whose expiration date would be exceeded,

(b) for the delivery of audio or video recordings or of software of which you broke the seal on the data carriers.

Section 8 Guarantee
Information on manufacturer guarantees can be obtained from the product information enclosed with the ordered goods. OeTTINGER makes no guarantees other than those warranties provided to the Customer in writing.

Section 9 Warranty
(1) OeTTINGER is liable for defects according to the applicable statutory provisions, in particular, Sections 434 et seq. of the German Civil Code[BGB]. In the case of a defect, the Customer has the option to demand subsequent performance in the form of rectification of defects or replacement of the defective goods. OeTTINGER may, however, refuse the subsequent performance selected by the Customer if the expenses for such subsequent performance are associated with unreasonable costs and another form of subsequent performance is available without significant negative effects to the Customer. In the event subsequent performance fails, the Customer may, in general, demand a reduction of the purchase price or a rescission of the agreement. In the case of businessmen, the warranty period is twelve (12) months.

Section 10 Limitation of liability
(1) OeTTINGER, its representatives or vicarious agents are liable for intent and gross negligence according to the statutory provisions. Otherwise, OeTTINGER is only liable according to the German Product Liability Act for damages arising from the lack of guaranteed quality, for loss of life, physical injuries or health implications, for fraudulent intent or for intentional or negligent violation of material contractual obligations. A contractual obligation is material, if the performance of such obligation is a prerequisite for the proper execution of the agreement and the contracting party may rely on the fulfilment of such obligation under normal circumstances. In the case of violations of material contractual obligations, claims for damages are limited to damages that are typical and foreseeable for such agreements.

(2) The provision under Section 1 as mentioned above applies to damages in addition to performance and damages in lieu of performance, based on any legal grounds whatsoever, in particular damages arising from defects, breach of contractual duties or tort. The provision under Section 1 above also applies to reimbursement of futile expenses.

Section 11 Data processing
OeTTINGER must store certain Customer data in its address database for order processing purposes. The OeTTINGER IT department collects and stores Customer data according to the German Federal Data Protection Act and the German Telemedia Act. Without the Customer’s consent, OeTTINGER will only collect, process, or use personal data and Customer usage data to the extent required for the processing of the agreement, utilisation of OeTTINGER services and invoicing. OeTTINGER will not use Customer data for advertising, market or opinion research purposes without the Customer’s consent.

The Customer may at any time demand to review their data stored on the OeTTINGER IT system or request modification or deletion of the stored data at any time. Otherwise, OeTTINGER refers to the Data Protection Statement, which may be downloaded in printable form at any time from the OeTTINGER homepage (www.oettinger-bier.de/oetti-fanshop) by clicking on the “data protection” button.

OeTTINGER provides Customer data to the contracted shipping company to the extent required for the delivery of the goods. OeTTINGER provides the respective financial institute with the required data for payment processing.

OeTTINGER does not gain any knowledge of the Customer’s credit card data in the case the Customer uses the (free of charge) services of PayPal. PayPal requires some information, such as Customer name or address, for the processing of payments according to the purchase agreements concluded between the parties. OeTTINGER provides this data to PayPal or, alternatively, this data is entered by the Customer using a specific data entry screen. The Customer data OeTTINGER provides to PayPal corresponds, in general, to the Customer data OeTTINGER has collected during order processing.

Further information on data protection within the scope of payment processing via Paypal may be obtained at www.paypal.de/de. A detailed description of data disclosure to third parties can be found in the data protection statements.

Section 12 Miscellaneous, governing law, place of jurisdiction
(1) Should a provision of this agreement be or become ineffective, in whole or in part, the ineffectiveness of this provision does not affect the effectiveness of the remaining provisions of this agreement. The same applies if the parties to this agreement have failed to address a certain matter in this agreement.

(2) The legal relationship between the Customer and OeTTINGER is governed by the laws of the Federal Republic of Germany under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(3) The courts of the Federal Republic of Germany have international jurisdiction. Place of jurisdiction is agreed between the parties if the Customer is a businessman.

Customer information

Data protection:
OeTTINGER must store certain Customer data in its address database for order processing purposes. The OeTTINGER IT department collects and stores Customer data according to the German Federal Data Protection Act and the German Telemedia Act. Without the Customer’s consent, OeTTINGER will only collect, process, or use personal data and Customer usage data to the extent required for the processing of the agreement, utilisation of OeTTINGER services and invoicing. OeTTINGER will not use Customer data for advertising, market or opinion research purposes without the Customer’s consent.

The Customer may at any time demand to review their data stored on the OeTTINGER IT system or request modification or deletion of the stored data at any time. Otherwise, OeTTINGER refers to the Data Protection Statement, which may be downloaded in printable form at any time from the OeTTINGER website by clicking on the “data protection” button.

OeTTINGER provides Customer data to the contracted shipping company to the extent required for the delivery of the goods. OeTTINGER provides the respective financial institute with the required data for payment processing.

In the case the Customer uses the services of PayPal (Europe) (S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L- 2449 Luxemburg), OeTTINGER does not gain any knowledge of the Customer’s credit card data. PayPal requires some information, such as Customer name or address, for the processing of payments according to the purchase agreements concluded between the parties. OeTTINGER provides this data to PayPal or, alternatively, this data is entered by the Customer using a specific data entry screen. The Customer data OeTTINGER provides to PayPal corresponds, in general, to the Customer data OeTTINGERhas collected during order processing. Further Paypal data protection information may be obtained at: http://cms.paypal.com/de/cgi-bin/marketingweb?cmd=_render- content&content_ID=ua/Privacy_full&locate.x=de_DE

In the case goods delivery is provided by the transport service provider DHL (Deutsche Post AG, Charles-de- Gaulle-Straße 20, 53113 Bonn), OeTTINGER will provide DHL with the Customer’s email address prior to goods delivery for delivery date coordination purposes, provided the Customer has expressly consented to such disclosure of their email address as follows:

“I hereby agree to the provision of my email address to DHL (Deutsche Post AG, Charles-de- Gaulle-Straße 20, 53113 Bonn), so that DHL may contact me via email prior to goods delivery for delivery date coordination purposes. I may revoke the provided consent at any time. For this purpose, please contact OeTTINGER using the contact data provided in the legal notices section.”

Otherwise, OeTTINGER will only provide DHL with the recipient’s name and delivery address. In this case, the delivery date cannot be coordinated between DHL and the Customer.

If you have any questions
Please call us at +49 (0) 9082 708-0 or fax us at +49 (0) 9082 708-7014 to place an order.

The OeTTINGER mailing address is:

OeTTINGER Brauerei GmbH
Brau­haus­straße 8
86732 Oettingen i. Bay.
Germany

For further contact via email or the internet please use the options under the heading “Contact“.