General Terms and Con­di­tions and Cus­tomer Infor­mation

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.spritztour.de. Unless otherwise agreed, any terms and con­di­tions you may use yourself are hereby rejected.

(2) A con­sumer within the meaning of the fol­lowing pro­vi­sions is any natural person who enters into a legal tran­saction for pur­poses that are pre­do­mi­nantly neither com­mercial nor self-employed pro­fes­sional in nature. An entre­preneur is any natural or legal person or a part­nership with legal capacity that, when entering into a legal tran­saction, acts in the exercise of their inde­pendent pro­fes­sional or com­mercial activity.

§ 2 For­mation of Con­tract

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

(2) By listing the respective service/product on our website, we are already making you a binding offer to con­clude a con­tract under the con­di­tions stated in the item 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”. You can access the “shopping cart” at any time via the cor­re­sponding button in the navi­gation bar and make changes there. After accessing the “checkout” page and entering your per­sonal data as well as the payment and shipping terms, all order data will be dis­played once more on the order summary page. If you use an instant payment system (e.g. PayPal) as your payment method, you will be directed to the order summary page in our online shop or redi­rected to the website of the instant payment system pro­vider to confirm the purchase there. You will then be redi­rected back to the order summary page in our online shop.
By sub­mitting the order via the “order with obli­gation to pay” button, you legally bin­dingly declare accep­tance of the offer, thereby con­cluding the con­tract.

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

(5) The pro­cessing of the order and trans­mission of all infor­mation required in con­nection with the con­clusion of the con­tract takes place by email, partly in an auto­mated manner. You must the­r­efore ensure that the email address you have pro­vided to us is correct, that receipt of emails is tech­ni­cally ensured and in par­ti­cular is not pre­vented by spam filters.

(6) Rebooking and Can­cel­lation:

(6.1) Rebooking of “Live im Lokal” tickets and live tastings to another pre­ferred date:
A flat fee of €25 pro­cessing charge applies

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

(6.3) Can­cel­lation of beer web­inars and live tastings:
Exclusion of right of with­drawal and return

(6.4) Terms regarding indi­vi­dually cus­to­mized tastings:

(6.4.1) Changes to 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 for each further change, a flat fee of €15 pro­cessing charge applies
Can­cel­lation of indi­vidual persons is only pos­sible up to 24 hours before the event
Rebooking the entire tasting to another pre­ferred date costs a flat fee of €50
Every change must be made in the form of an email

(6.4.2) Can­cel­lation of booking:
Must be made in the form of an email
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 the course of this, it may happen that we need to cancel or change already con­firmed tickets. We reserve the right to do so in such cases.

§ 3 Right of Retention, Retention of Title

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

(2) The goods remain our pro­perty until full payment of the purchase price has been made.

§ 4 War­ranty and Gua­rantees

(1) The sta­tutory rights of lia­bility for defects apply.

(2) When purchasing used goods by con­sumers: if the defect occurs after the expiry of one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods may be asserted within the sta­tutory limi­tation period of two years from delivery of the goods. For entre­pre­neurs, the limi­tation period for claims for defects in newly manu­fac­tured items is one year from the transfer of risk. The sale of used goods is made excluding any war­ranty. The sta­tutory limi­tation periods for the right of recourse pur­suant to § 445a BGB remain unaf­fected.
For entre­pre­neurs, only our own state­ments and the manu­fac­tu­rer’s product descrip­tions incor­po­rated into the con­tract shall con­stitute an agreement on the quality of the goods; we assume no lia­bility for public state­ments by the manu­fac­turer or other adver­tising claims. If the deli­vered item is defective, we shall provide war­ranty to entre­pre­neurs initially at our dis­cretion by reme­dying the defect (sub­se­quent impro­vement) or by deli­vering a defect-free item (repla­cement delivery).
The above rest­ric­tions and shor­tening of time limits do not apply to claims based on damages caused by us, our legal repre­sen­ta­tives or vica­rious agents in cases of:
Injury to life, body or health
Inten­tional or grossly negligent breach of duty as well as frau­dulent intent
Breach of essential con­tractual obli­ga­tions whose ful­filment makes the proper exe­cution of the con­tract pos­sible in the first place and on whose com­pliance the con­tractual partner may regu­larly rely (car­dinal obli­ga­tions)
Within the scope of a gua­rantee promise, if agreed
Insofar as the scope of the Product Lia­bility Act is opened
Infor­mation on any addi­tional gua­rantees that may apply and their exact con­di­tions can be found with the respective product and on special infor­mation pages in the online shop.

(3) As a con­sumer, you are requested to inspect the goods upon delivery imme­diately for com­ple­teness, obvious defects and transport damage, and to notify us and the carrier of any com­plaints as quickly as pos­sible. Failure to do so will have no effect on your sta­tutory war­ranty rights.

§ 5 Choice of Law, Place of Per­for­mance, Juris­diction

(1) German law applies. For con­sumers, this choice of law only applies insofar as the pro­tection granted by man­datory pro­vi­sions of the law of the state of the con­su­mer’s habitual resi­dence is not with­drawn thereby (prin­ciple of greater benefit).

(2) The place of per­for­mance for all ser­vices arising from business rela­ti­onships with us, as well as the place of juris­diction, is our regis­tered office, pro­vided that 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 have no general place of juris­diction in Germany or the EU, or if your domicile or habitual resi­dence is not known at the time the action is filed. The right to also call upon the court at another sta­tutory place of juris­diction remains unaf­fected.

§ 6 Youth Pro­tection

(1) When selling goods subject to the regu­la­tions 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 in the respective item 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 law 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 if in doubt, to have the identity card of the person receiving the goods pre­sented for age veri­fi­cation pur­poses.

(4) Insofar as we indicate in the respective item description, beyond the legally pre­scribed minimum age, that you must have com­pleted your 18th year of life to purchase the goods, the above para­graphs 1–3 apply with the proviso that instead of the legally pre­scribed minimum age, legal majority must be present.

§ 7 Third-Party Service Pro­viders

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

II. Cus­tomer Infor­mation

1. Identity of the Seller

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

Company Com­plaints Office:
info@spritztour.de

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

2. Infor­mation on the For­mation of the Con­tract

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

3. Con­tract Lan­guage, Storage of Con­tract Text

3.1. The con­tract lan­guage is German.

3.2. The com­plete con­tract text is not stored by us. 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 receipt of your order, the order data will be sent to you again by email.

3.3. For quote requests made 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 out or save elec­tro­ni­cally.

4. Essential Cha­rac­te­ristics of the Goods or Service

The essential cha­rac­te­ristics of the goods 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 labelled button on our website or in the respective offer, will be shown sepa­rately during the ordering process, and are to be borne by you in addition, unless free shipping has been pro­mised.

5.3. We only deliver within Germany.

5.4. The payment methods available to you are indi­cated via a cor­re­spon­dingly labelled button on our website or in the respective offer.

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

6. Delivery Terms

6.1. The delivery terms and any existing delivery rest­ric­tions can be found via a cor­re­spon­dingly labelled button on our website or in the respective offer.

6.2. If you are a con­sumer, it is sti­pu­lated by law that the risk of acci­dental loss and acci­dental dete­rio­ration of the sold item during shipping only passes to you upon delivery 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 seller or another person desi­gnated to carry out the shipment.

7. Sta­tutory Lia­bility for Defects

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