AGB
General terms and conditions with customer information
Table of contents
- Scope
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Contract duration and termination for subscription contracts
- Retention of title
- Liability for defects (warranty)
- Redemption of promotion vouchers
- Redemption of gift vouchers
- Applicable law
- Place of jurisdiction
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of JoyBräu GmbH (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods displayed by the Seller in his online shop. Herewith the inclusion of the customer's own terms and conditions is contradicted, unless otherwise agreed.
1.2 For contracts for the delivery of vouchers, these General Terms and Conditions shall apply accordingly, unless otherwise expressly agreed.
1.3 A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.
1.4 The subject matter of the contract can - depending on the Seller's product description - be both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a permanent delivery (hereinafter "subscription contract"). In the case of a subscription contract, the Seller undertakes to deliver the contractually owed goods to the Customer for the duration of the agreed contract period at the time intervals contractually owed.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to provide a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process.
2.3 The seller can accept the customer's offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
by requesting the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 If the payment method "PayPal Express" is selected, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the Terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as payment method during the online order process, he/she also places a payment order with PayPal by clicking the button that completes the order process. In this case, the Seller hereby declares the acceptance of the Customer's offer at the time when the Customer initiates the payment process by clicking the button concluding the order process.
2.5 When submitting an offer via the Seller's online order form, the text of the contract will be saved by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions. In addition, the text of the contract is archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected customer account by entering the relevant login data, provided that the Customer has created a customer account in the Seller's online shop before sending his order.
2.6 Before bindingly placing an order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. Within the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 The order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of revocation can be found in the seller's revocation instructions.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective product description.
4.2 The customer will be informed of the payment option/s in the seller's online shop.
4.3 If payment is made by means of a payment method offered by PayPal, the payment shall be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the Terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.4 If the payment method "IMMEDIATELY Bank Transfer" is selected, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter "IMMEDIATELY"). In order to be able to pay the invoice amount via "IMMEDIATELY" transfer, the customer must have an online banking account with PIN/TAN procedure that is activated for participation in "IMMEDIATELY" transfer, must legitimize himself accordingly during the payment process and must confirm the payment order to "IMMEDIATELY". The payment transaction will be executed immediately afterwards by IMMEDIATELY and the customer's bank account will be debited. The customer can find more information on the payment method IMMEDIATELY transfer on the Internet at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/.
5) Delivery and shipping conditions
5.1 The delivery of goods shall be made by dispatch to the delivery address indicated by the customer, unless otherwise agreed. The delivery address indicated in the Seller's order processing is decisive for the transaction.
5.2 If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer effectively exercises his right of revocation, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller had given him a reasonable period of notice of the service.
5.3 Self-collection is not possible for logistical reasons.
5.4 Vouchers are provided to the customer as follows:
- by e-mail
6) Contract duration and termination for subscription contracts
6. 1 The basic term of the subscription contracts for the products JoyBräu non-alcoholic - 12x0,33l Original & 12x0,33l Grapefruit Tin, JoyBräu non-alcoholic - 12x0,33l Original & 12x0,33l Grapefruit, JoyBräu non-alcoholic - Grapefruit can, JoyBräu non-alcoholic Original can, JoyBräu non-alcoholic - Grapefruit and JoyBräu non-alcoholic - Original is the selected number of weeks (between 4 and 12 weeks). If the contract is not terminated by one of the parties in writing (e.g. by e-mail) one week before the end of the contract (unless a different period is specified in the respective offer), the subscription is tacitly extended by the agreed basic term of the selected number of weeks (between 4 and 12 weeks).
6.2 The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or the expiry of a notice period.
6.3 Notice of termination must be given in writing or in text form (e.g. by e-mail).
6.4 When you take out a trial subscription "JoyBräu Probierabo - 3xOrg. & 3xGRape., then 12xOrg. & 12xGrape." you will receive a trial package with 3 cans of JoyBräu Original and 3 cans of JoyBräu Grapefruit as your first order. All subsequent deliveries are automatically converted to "JoyBräu non-alcoholic - 12x0.33l Original & 12x0.33l Grapefruit Tin" if the contract is not terminated by one of the parties in writing (e.g. e-mail) 1 week before the end of the contract (unless another period is specified in the respective offer). The subscription is tacitly extended by the agreed basic term of the selected number of weeks (between 4 and 12 weeks), if the contract is not terminated by one of the parties in writing (e.g. e-mail) 1 week before the end of the contract (unless a different period is specified in the respective offer).
7) Retention of title
If the seller makes advance payment, he reserves the right of ownership of the delivered goods until full payment of the purchase price owed.
8) Liability for defects (warranty)
8.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
8.2 The customer is requested to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller about it. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
9) Redemption of promotion vouchers
9.1 Vouchers which are issued free of charge by the Seller within the scope of advertising campaigns with a certain period of validity and which cannot be purchased by the Customer (hereinafter "campaign vouchers") can only be redeemed in the Seller's online shop and only within the specified period.
9.2 Promotional vouchers can only be redeemed by consumers.
9.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
9.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent charging is not possible.
9.5 Only one promotion voucher can be redeemed per order.
9.6 The value of the goods must be at least the amount of the promotion voucher. Any remaining credit will not be refunded by the seller.
9.7 If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
9.8 The credit balance of a promotion voucher is neither paid out in cash nor does it bear interest.
9.9 The promotion voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotion voucher within the scope of his statutory right of revocation.
9.10 The promotion voucher is transferable. The seller can make payment with discharging effect to the respective owner who redeems the promotion voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization to represent the respective owner.
10) Redemption of gift vouchers
10.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "gift vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.
10.2 Gift vouchers and remaining credit balances of gift vouchers can be redeemed until the end of the third year following the year of the voucher purchase. Remaining credit balances are credited to the customer until the expiry date.
10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent charging is not possible.
10.4 Several gift vouchers can be redeemed in one order.
10.5 Gift certificates can only be used to purchase goods and not to purchase additional gift certificates.
10.6 If the value of the Gift Certificate is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
10.7 The credit balance of a gift voucher is neither paid out in cash nor does it bear interest.
10.8 The gift voucher is transferable. The Seller may make payments with discharging effect to the respective holder who redeems the gift certificate in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or lack of authorisation to represent the respective owner.
11) Applicable law
All legal relations between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
12) Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has his registered office outside the territory of the Federal Republic of Germany, the registered office of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the above cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer's place of business.
13) Alternative dispute resolution
13.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
13.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
