General Terms And Conditions

General Terms and Conditions for Customers of Birgitta Rust Piekfeine Brände e.K. for Purchase Contracts

Table of contents
1. area of application, customer information
2. conclusion of contract
3. right of revocation
4. terms of payment
5. delivery and shipping conditions
6. granting of rights of use for digital contents
7. retention of title
8. limitations of liability
9. liability for defects (warranty)
10. indemnification in case of violation of third party rights
11. redemption of gift vouchers for goods
12. notifications/complaints
13. applicable law
14. place of jurisdiction
15. alternative dispute resolution

1. scope of application, customer information

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Birgitta Rust Piekfeine Brände e.K. (hereinafter referred to as "Seller") shall 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 presented by the Seller in its online shop.

1.2 The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.3 These General Terms and Conditions shall apply mutatis mutandis to contracts for the supply of digital content, insofar as the General Terms and Conditions refer to digital content and nothing to the contrary is expressly stipulated in this respect.

1.4 These GTC shall apply accordingly to contracts for the delivery of vouchers, insofar as nothing to the contrary has been expressly agreed.

1.5 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

1.6 Digital content within the meaning of these GTC is all data that is not on a physical data carrier, that is produced in digital form and made available by the seller under the granting of certain rights of use regulated in more detail in these GTC.

2 Conclusion of contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The customer can submit the offer via the online order form integrated in the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the customer may also submit the offer to the seller by telephone, fax, e-mail, post or online contact form.

2.3 The Seller may 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), in which case the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer has placed the order.

2.4 If several of the aforementioned alternatives exist, the contract shall be 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 to be a rejection of the offer with the consequence that the Customer shall no longer be bound by his declaration of intent.

2.5 If the payment method "PayPal" 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: "PayPal"), subject to the PayPal Terms of Use, which can be viewed 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 and Conditions for Payments without a PayPal Account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal" as the method of payment during the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the Seller already declares acceptance of the Customer's offer at the time when the Customer triggers the payment process by clicking the button that concludes the ordering process.

2.6 When an offer is made via the Seller's online order form, the text of the contract is stored by the Seller and sent to the Customer in text form (e.g. by 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 free of charge by the Customer via his password-protected customer account by providing the relevant login data, provided that the Customer has created a customer account in the Seller's online shop before submitting his order. 2.7.

2.7 Before submitting a binding 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. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.8 The contractual and communication language is German.

2.9 Order processing and contact shall generally take place 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 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.

2.10. In the case of an order for alcoholic beverages, the customer confirms by submitting the order that he/she has reached the legally required minimum age and undertakes to ensure that either he/she or a person of full age authorised by him/her may take delivery of the goods.
2.11. Storage of the order data
The order with details of the concluded contract (e.g. type of product, price, etc.) is stored by the seller. The buyer has no access to past orders via the Internet.

2.12. The conclusion of the purchase contract with entrepreneurs is subject to the reservation that in the event of incorrect or improper self-delivery by suppliers, the Seller shall not be obliged to perform or shall only perform in part. This shall only apply in the event that the Seller is not responsible for the non-delivery, in particular in the event of the conclusion of a congruent hedging transaction with suppliers. In the event of non-availability or only partial availability of the performance, the Entrepreneur shall be informed immediately and the consideration shall be returned to the Entrepreneur without delay.

2.13. In the event of the unavailability of an ordered item, the seller reserves the right vis-à-vis consumers to provide a service (product or service) of equivalent quality and price, provided that this is reasonable for the customer and the customer agrees in writing to the replacement delivery. If it is not possible to provide a service of equivalent quality and price or if the customer does not agree, the seller cannot provide the promised service. In this case, the statutory provisions shall apply.

2.14. The place of performance for contracts with entrepreneurs for all contractual and legal claims is in principle the registered office of the Seller in Bremen.

3. right of revocation

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's instructions on withdrawal.

3.3 According to section 312g paragraph 2 number 9 of the German Civil Code (BGB), there is no right of withdrawal for contracts in connection with leisure activities. However, this only applies if a specific date or definable period for the performance of the service has been agreed in the contract.

3.4 The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

4. terms of payment

4.1 In the case of orders placed via the website and orders placed elsewhere, payment can generally be made in advance and by invoice, whereby the Organiser reserves the right to exclude payment by invoice in individual cases, in particular for first-time customers and for event orders of over 150 euros.

4.2 In the case of payment in advance, the Organiser shall only be obliged to hold the event once the customer has made full payment for the event.

4.3 The invoice amount shall be paid without deductions no later than 10 days after the invoice date, whereby the receipt of the amount by the Organiser shall be decisive. Discount agreements shall only apply to the major customer and shall be agreed individually.

4.4 After expiry of the deadline, the contract partner shall be in default of payment without further explanation from the organiser if the consumer was specifically informed of this consequence in the invoice.

4.5 Unless otherwise stated in the Organiser's description of the event, the prices quoted are total prices which include the statutory value added tax. Any additional charges will be shown when the order is placed.

4.6 The payment options shall be notified to the customer on the Organiser's website.

4.7 If payment in advance by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed a later due date.

4.8 If payment is made using a payment method offered by PayPal, 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: "PayPal"), subject to the PayPal terms and conditions of use, which can be viewed 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 and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5 Events

Registration for an event is binding.

5.1 Open Seminars & Tastings

The contractually agreed remuneration is to be paid before the start of the event. Three weeks before the event, the customer will receive a request for payment. If payment is not received in the organiser's account one week before the event, the organiser reserves the right to cancel the booking. The payment is considered as a binding registration. The registration can no longer be cancelled. Cancellations at short notice can no longer be considered.
If the minimum number of participants is not reached by three days before the event, the organiser reserves the right to cancel the event. The customer will be offered alternative dates.

5.2 Open tours
The event price is to be paid on site. If the minimum number of participants is not reached by one day before the event, the organiser reserves the right to cancel the event.

5.3 Closed tours

The price of the event is to be paid in one sum on site. Should the customer cancel the event at short notice (2 weeks in advance), the organiser reserves the right to demand payment of the event price.

5.4 Private Events / Customer Events

These individually planned events require text form. The customer receives an offer in text form, which he confirms with his signature and possibly company stamp and can then return by e-mail. The scope of the contractual services results from the information provided in text form.
Subsequent agreements must be made in text form to be valid. The event price is due immediately after the event has taken place.
The scope of the contractual services is set out in the information provided in text form.

5.5 Obligations of the customer to cooperate

If variable numbers of participants have been agreed with the customer, the customer shall be obliged to communicate the final numbers of participants in due time and without request or reminder by the organiser within the agreed deadlines.
Costs incurred by the organiser due to the customer not fulfilling his above obligations or not fulfilling them in good time, in particular in the form of cancellation costs vis-à-vis service providers, shall be borne by the customer.

5.6 Changes to services and prices

Changes to or deviations from individual event services which become necessary after conclusion of the contract are only permitted insofar as the changes and deviations are not significant, do not affect the overall nature of the booked event and the reasons leading to the changes or deviations are not the fault of the organiser.
The organiser is entitled to increase the agreed prices in the event of an increase in the number of participants or an extension of the booked time, to the extent that the increase in costs, charges or prices affects the ORGANISER.

5.7 Withdrawal or non-acceptance of services by the client, rebooking

Withdrawal must be declared in text form. In the event of withdrawal from the contract, the organiser shall be entitled to appropriate compensation.
This compensation shall be calculated as a lump sum on the basis of the expenses usually saved and the income usually possible through other use of the service:

30 % up to 30 days before the start of the event
29 to 15 days before the start of the event 50
14 to 8 days before the start of the event 70
less than 7 days before the start of the event 90

In the event of non-attendance at the event without prior notice of cancellation, the full agreed remuneration shall therefore be payable. If, at the client's request, contractual changes are agreed after conclusion of the contract which involve additional work for the organiser, the organiser shall be entitled to appropriate additional remuneration for this. If the customer does not make use of individual event services during the event, the agreed remuneration shall not be reduced as a result.

5.8 Withdrawal and termination by the organiser

The Organiser may withdraw from or terminate the contract before the start of the event in the following cases:
without observing a period of notice, if the customer persistently disturbs the implementation of the event despite a warning from the organiser, or if he/she behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified.
In this case, the claim to the event price shall remain unaffected. However, the organiser must take into account the value of the expenses saved as well as the advantages gained from other use of the services not used, including the amounts credited to it by service providers.
before the start of the event if the specified minimum number of participants is not reached, provided that the minimum number of participants was indicated in the event announcement for the event in question.
Minimum number of participants:
Guided tour 12 persons 1 day before
Tastings 14 persons 3 days before
Workshops 12 persons 3 days before
before the start of the event if Birgitta Rust as organiser is unable to hold the event due to illness or other important reasons. In this case, the organiser shall be obliged to inform the client immediately, to forward the notice of withdrawal to the client and to refund the event price paid.

5.9 Redemption of gift vouchers for events

Gift vouchers are not bound to an event date. A binding registration is required at the time of redemption. Gift vouchers remain valid, but price adjustments may be necessary.

5.10. Liability
The following limitations of liability for events do not apply to bodily injury, damage to health or loss of life attributable to the organiser. Consequently, the limitation period shall not be shortened in the case of such damage. Furthermore, they do not apply to claims of the contractual partner arising from mandatory statutory regulations, such as product liability.
The organiser shall not be liable to entrepreneurs in the event of minor breaches of contractual obligations caused by slight negligence.
In the case of breaches of duty caused by slight negligence, the liability of the organiser shall be limited to the foreseeable, direct damage typical for the contract, unless greater damage is proven. For damage caused by simple negligence, the organiser's liability shall be limited to the foreseeable, contract-typical damage, provided that no greater damage is proven, and provided that no main performance obligation (e.g. in the case of a service contract: performance of the event by the organiser and payment by the customer) has been breached.
The limitations of liability also extend to the attributable breaches of duty of the vicarious agents employed by the organiser.

5.11. Notification/Complaints

All notifications within the scope of the contract shall be sent in text form to:
Birgitta Rust Piekfeine Brände e.K.
Hoerneckestr. 3
D-28217 Bremen
Tel: +49-(0)421-69668951
Fax: +49-(0)421-69668952
E-mail: info@piekfeinebraende.de

6. granting of rights of use for digital contents

6.1 Unless otherwise stated in the content description on the Promoter's website, the Promoter grants the customer the non-exclusive and revocable right, unlimited in time and place, to use the content provided for private and business purposes.

6.2 The transfer of the content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the organiser has agreed to a transfer of the contractual licence to the third party.

6.3 The granting of rights shall only become effective when the customer has paid the contractually owed remuneration in full. The organiser may provisionally permit the use of the contractual content even before this point in time. Such provisional permission does not constitute a transfer of rights.

7. indemnification in case of infringement of third party rights

If, according to the content of the contract, the Seller, in addition to the delivery of the goods, also owes the processing of the goods according to certain specifications of the customer, the customer shall ensure that the contents provided by him to the Seller for the purpose of processing do not infringe the rights of third parties (e.g. copyrights or trademark rights). The customer shall indemnify the seller against claims of third parties which the latter may assert against the seller in connection with an infringement of their rights by the contractual use of the customer's content by the seller. In this context, the customer shall also bear the reasonable costs of the necessary legal defence, including all court costs and lawyers' fees in the statutory amount. This shall not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information required for the examination of the claims and a defence.

8 Delivery

The time of the event and thus the delivery of the service results from the respective offer.

9 Applicable law

9.1 All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
9.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

10. place of jurisdiction

10.1 If the contract partner is a merchant or a legal entity under public law, the exclusive place of jurisdiction for all disputes arising from this contractual relationship is the Organiser's place of business in Bremen. This shall also apply if the contract partner has no general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is brought.

10.2 In the case of contract partners with a place of business or residence outside Germany, the organiser may also choose to bring an action at the contract partner's place of residence or place of business.

11 Alternative dispute resolution

11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr.
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.