Terms and Conditions

General Terms and Conditions for Orders in the Online Shop

Status: June 12, 2014

1. General information, scope of application

1.1.

These General Terms and Conditions (“T&Cs”) apply to all orders of goods placed in the following online shop:

The seller and operator of the online shop is:

CHAPS Merchandising GmbH
Johannisstraße 1
50226 Frechen
Germany
Phone: +49 (2234) 999070
Fax: +49 (2234) 99907710
Email: support@chaps-online.de

The current version of these T&Cs can be accessed at any time in the online shop.

1.2.

Orders may be placed by customers who are consumers within the meaning of Section 13 of the German Civil Code (BGB) or entrepreneurs within the meaning of Section 14 BGB.

1.3.

The contract between the seller and the customer results from the order, the order confirmation, any order acceptance, and these T&Cs. The seller does not store the contract text for the customer. However, the customer may access their orders at any time in any customer account they may have created.

1.4.

These T&Cs apply vis-à-vis consumers if they were informed of their applicability before placing the order, had the opportunity to review them, and confirmed their applicability by activating the corresponding button. For entrepreneurs, these T&Cs apply if they were informed of their applicability before placing the order. As a framework agreement, they also apply to future contracts with entrepreneurs without the need for renewed reference.

1.5.

These T&Cs apply exclusively. Deviating, conflicting, or supplementary general terms and conditions of the customer shall only become part of the contract if and to the extent that the seller has expressly agreed to their validity in text form (Section 126b BGB). This also applies if the seller concludes the contract with knowledge of such differing terms and conditions.

1.6.

The contract language is German. If translations of the contract into languages other than German are prepared, only the German version shall be binding. If the customer is an entrepreneur, the obligations under Section 312i para. 1 sentence 1 nos. 1 to 3, sentence 2 BGB shall not apply.

2. Subject matter of the contract

2.1.

The online shop is intended exclusively for natural persons with unlimited legal capacity and legal entities. Persons with limited legal capacity, such as minors under the age of 18, may only use the online shop with the consent of their legal representative.

2.2.

Offers are subject to change and non-binding unless expressly designated as binding. If an offer is expressly designated as binding, the seller shall be bound by it for a period of two weeks from the customer’s receipt thereof.

2.3.

Images, drawings, and other materials belonging to the offers (“product information”) serve only for the general presentation of the goods. Changes to and errors in product information remain reserved until the order is placed. Only those characteristics of the goods that are expressly designated as guaranteed characteristics shall be deemed guaranteed by the seller.

3. Conclusion of contract

3.1.

The presentation of goods in the online shop does not constitute a legally binding offer by the seller to conclude a purchase contract. To place an order, the customer must first place the desired goods in the virtual shopping cart. The customer may then proceed to checkout and, if applicable after creating a customer account, enter the data required for concluding the contract. These data may be changed at any time until the order is completed. Only by clicking the button “order with obligation to pay” does the customer submit a legally binding offer to conclude a purchase contract.

3.2.

The seller shall promptly confirm receipt of the order to consumers by email pursuant to Section 312i para. 1 sentence 1 no. 3 BGB (“order confirmation”). No purchase contract is concluded with the order confirmation. The contract is only concluded if the seller accepts the order within five calendar days after receipt by sending an order acceptance by email or by delivering the goods. Otherwise, the customer’s offer shall lapse.

3.3.

If the customer has breached contractual obligations towards the seller in the past, the seller reserves the right not to execute future orders.

4. Withdrawal from the contract and breach of duty by the buyer

4.1.

The seller reserves the right to withdraw from the contract if (a) through no fault of its own it is unable to deliver the goods ordered by the customer because its supplier has failed to fulfill contractual obligations, or (b) the goods ordered by the customer are unavailable for at least one month due to a delay not attributable to the seller, such as operational disruptions caused by fire, water, earthquake, failure of relevant production facilities or machinery, strikes and lockouts, lack of energy or transport options, war, or official intervention. In this case, the customer shall be informed without undue delay that the ordered goods are unavailable. If the seller exercises this right of withdrawal, any payments already made by the customer shall be refunded immediately and free of charge. Other statutory claims of the customer remain unaffected.

5. Prices

5.1.

The prices displayed in the online shop at the time of the order shall apply. All prices include VAT plus any payment, delivery, shipping, or customs costs.

6. Payment terms

6.1.

The seller accepts payment only by the following methods:

Credit card (VISA, MasterCard, American Express)
PayPal
Invoice or direct debit via Billpay
Paydirekt
SOFORT bank transfer

No other payment methods are accepted.

No additional costs arise depending on the selected payment method.

6.2.

If the customer selects payment by credit card, by placing the order they authorize the seller to charge the invoice amount, including payment, delivery, and shipping costs, to the credit card specified by the customer when due.

6.3.

If the customer chooses purchase on account via Billpay, the following applies:

For purchase on account, the invoice amount is due for payment to Billpay GmbH as the seller’s service provider on the calendar date specified in the invoice (20 or 30 calendar days after the invoice date).

The payment method “purchase on account” requires a successful credit check by Billpay GmbH. If the customer is approved for purchase on account following the credit assessment, payment processing shall be carried out in cooperation with Billpay GmbH, to which the seller assigns its purchase price claim. In this case, the customer may only make payment to Billpay GmbH with discharging effect. Even in the case of purchase on account via Billpay, the seller remains responsible for general customer inquiries, such as questions about goods, delivery time, shipping, returns, complaints, declarations of withdrawal, and credit notes. In addition, the General Terms and Conditions of Billpay GmbH apply.

6.4.

If the customer chooses payment by direct debit via Billpay, the following applies:

In the case of payment by direct debit, the payment amount is due immediately and shall be collected by Billpay GmbH, as the seller’s service provider, from the current account specified by the customer during the ordering process. By placing the order, the customer revocably authorizes Billpay GmbH to collect the payments due by direct debit from that account. If the account does not have sufficient funds, the account-holding bank is not obliged to honor the direct debit. Partial collections are not made under the direct debit procedure.

Payment by direct debit requires a successful credit check by Billpay GmbH and a current account held in Germany. If the customer is approved following the credit assessment, payment processing shall be carried out in cooperation with Billpay GmbH, to which the seller assigns its purchase price claim. In this case, the customer may only make payment to Billpay GmbH with discharging effect. The seller remains responsible for general customer inquiries, returns, complaints, declarations of withdrawal, and credit notes. In addition, the General Terms and Conditions of Billpay GmbH apply.

By providing the current account details, the customer confirms that they are authorized to use that account for direct debit and will ensure sufficient funds. Returned direct debits involve significant effort and costs for the seller and Billpay GmbH. In the event of a returned direct debit due to insufficient funds, closure of the account, or an unjustified objection by the account holder, the customer authorizes Billpay GmbH to resubmit the direct debit once more. In such a case, the customer shall be required to pay a processing fee of EUR 12.00 per returned direct debit. The customer may prove that lower or no costs were incurred. In view of the effort and costs caused by returned direct debits, and in order to avoid the processing fee, the customer is requested not to object to the direct debit in the event of a withdrawal, rescission, return, or complaint. In such a case, following coordination with the seller, the payment shall be reversed by bank transfer or credit note.

6.5.

Invoices issued by the seller are due immediately and payable without deduction. Payment is deemed made when the seller can dispose of the amount. The customer shall be in default if payment is not made within thirty days after the due date and receipt of an invoice or equivalent payment statement and, if the customer is a consumer, provided that this was stated in the invoice or equivalent payment statement. During default, interest shall accrue at the statutory rate. Other claims remain unaffected, in particular the claim against merchants for maturity interest pursuant to Section 353 HGB.

6.6.

The customer is only entitled to offset if the counterclaims have been finally adjudicated, acknowledged by the seller, or are undisputed. This does not apply to claims for defects arising from the same contract. The customer may only exercise a right of retention if the counterclaim is based on the same contract.

7. Retention of title

7.1.

The goods ordered by the customer remain the property of the seller until full payment of the purchase price has been made. In relation to entrepreneurs, the retention of title shall remain in effect until all claims arising from the purchase contract and the ongoing business relationship have been fully settled.

7.2.

Goods subject to retention of title may neither be pledged to third parties nor assigned as security. The customer must notify the seller immediately if third parties gain access to goods subject to retention of title.

8. Delivery conditions, delivery times, costs, transfer of risk

8.1.

For goods in stock, the delivery time is three to four working days, whereby working days are Monday to Friday excluding public holidays at the seller’s place of business. Collection of goods from the seller is not possible. Otherwise, the delivery times stated with the goods shall apply.

8.2.

The risk of accidental loss and accidental deterioration shall pass to the customer only upon delivery of the goods. In the case of shipment to entrepreneurs, the risk of accidental loss, accidental deterioration, and delay shall pass upon delivery of the goods to the freight forwarder, carrier, or other person or institution designated to perform the shipment. Delivery shall be deemed equivalent if the customer is in default of acceptance.

8.3.

The seller shall deliver the goods itself or commission third parties to deliver them to the delivery address specified by the customer when placing the order. Delivery and shipping costs shall be borne by the customer. This also applies if partial deliveries are made at the customer’s request and this increases the delivery and shipping costs.

8.4.

The delivery and shipping costs, the transport company commissioned for shipment, and the shipping methods can be viewed in the online shop under “Shipping and Costs.” In individual cases, taxes and/or other charges such as customs duties may arise for cross-border deliveries; these shall be borne by the customer.

8.5.

Goods are generally shipped insured. The seller requests that any visible damage upon receipt of the goods, including damage to the packaging, be confirmed in text form by the transport company.

8.6.

If the goods are wholly or partially out of stock and delivery is delayed for this reason, the customer shall be informed immediately by email. In this case, the seller is entitled to make partial deliveries to an extent reasonable for the customer. Any additional delivery and shipping costs thereby incurred shall be borne by the seller. Statutory claims of the customer due to delay remain unaffected.

9. Right of withdrawal for consumers

Withdrawal policy

Right of withdrawal

You have the right to withdraw from this contract within 30 days without stating any reasons.

The withdrawal period is 30 days from the day on which you, or a third party named by you who is not the carrier, took possession of the goods. If goods ordered as a single order are delivered separately, the withdrawal period is 30 days from the day on which you, or a third party named by you who is not the carrier, took possession of the last goods. In the case of a contract for the delivery of goods in several partial shipments or pieces, the withdrawal period is 30 days from the day on which you, or a third party named by you who is not the carrier, took possession of the last partial shipment or the last piece.

To exercise your right of withdrawal, you must inform us:

CHAPS Merchandising GmbH
Postal address: Hofbraeuhaus-shop.de
c/o CHAPS Merchandising GmbH
Johannisstraße 1
50226 Frechen
Germany
Phone: +49 (0)2234 – 9990714
Email: support@chaps-online.de

by means of a clear declaration, for example a letter sent by post or an email, of your decision to withdraw from this contract. You may use the attached model withdrawal form, but this is not mandatory.

The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive, or which are clearly tailored to the consumer’s personal needs (Section 312g para. 2 no. 1 BGB).

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments we have received from you, including delivery costs, except for the additional costs resulting from your choosing a type of delivery other than the least expensive standard delivery offered by us, without undue delay and at the latest within fourteen days from the day on which we received notice of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement. We may withhold reimbursement until we have received the goods back or until you have provided proof that you have sent back the goods, whichever is the earlier.

You must send back or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You are only liable for any diminished value of the goods if this diminished value is due to handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

END OF WITHDRAWAL POLICY

10. Liability for defects

10.1.

The statutory provisions shall apply to the customer’s rights in the event of material defects and defects of title in the goods, unless otherwise provided below. This shall apply accordingly to the seller’s legal representatives and agents.

10.2.

The customer is obliged to notify the seller in text form of obvious defects in the goods, including transport damage, within two weeks of receipt of the goods. Notification shall be deemed timely if sent within this period. After expiry of this period, claims for damages due to obvious defects present upon receipt of the goods are excluded. Other defect claims, such as subsequent performance, reduction, and rescission, remain fully available to the customer even if the obligation to notify obvious defects has not been fulfilled. The statutory duties of merchants to inspect and give notice of defects remain unaffected.

10.3.

The seller shall not be liable for damage not caused to the goods themselves and shall also not be liable for other financial losses such as lost profits. In all other respects, the seller’s liability is limited to typically foreseeable damage.

10.4.

By way of derogation from Section 438 para. 1 no. 3 BGB, the general limitation period for claims arising from material defects and defects of title for used goods is one year from delivery. In relation to entrepreneurs, the general limitation period is one year from delivery for new goods and six months for used goods.

10.5.

The limitations of liability and the shortening of the limitation period shall not apply:
(a) to damage based on intentional or grossly negligent breaches of contract or fraud,
(b) to injury to life, body, or health,
(c) to damage caused by the absence of a quality guaranteed by the seller,
(d) to damage resulting from the breach of an obligation whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely (“material contractual obligation”),
(e) to damage covered by liability under the Product Liability Act,
(f) to claims for damages if the sold goods are newly manufactured items, and
(g) in the case of final delivery of the goods by an entrepreneur to a consumer in supplier recourse under Sections 478, 479 BGB.

10.6.

Any guarantees by the manufacturer or seller going beyond statutory liability for defects remain unaffected. Likewise, any guarantees do not affect the customer’s statutory defect claims.

11. Choice of law and place of jurisdiction

11.1.

German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods and conflict of laws rules; Art. 3 EGBGB remains unaffected. In dealings with consumers, this shall not apply if it would deprive the consumer of the protection afforded by mandatory provisions of the law of the EU/EEA member state in which the consumer has their habitual residence.

11.2.

The place of jurisdiction shall be the seller’s place of business if the customer has no general place of jurisdiction in Germany, has moved their residence or habitual abode out of Germany after conclusion of the contract, or their residence or habitual abode is unknown at the time the action is brought. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive, including international, place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the seller’s place of business. Notwithstanding this, the seller is also entitled to bring legal action against the customer at the customer’s general place of jurisdiction.

12. Final provisions

12.1.

Amendments and supplements to the contract must be made in text form, in particular by email or fax. This also applies to the waiver of this text form requirement.

12.2.

Should individual provisions of these T&Cs be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. In this case, the statutory provisions shall apply in place of the invalid provisions.

12.3.

The transfer of rights and obligations arising for the customer from a contract with the seller requires the seller’s consent, which may only be refused for good cause. This applies in particular to any defect claims of the customer against the seller.

13. Notes under the German Battery Act

The delivered goods may include batteries. As an end user, the customer is legally obliged under the Battery Ordinance to return all used batteries. The customer must therefore hand in batteries purchased from the seller free of charge at public collection points in their immediate vicinity or return them to the seller. Batteries subject to this return obligation are marked with a symbol consisting of a crossed-out wheeled bin and the chemical symbol of the heavy metal that is decisive for classification as containing hazardous substances: Cd for cadmium, Hg for mercury, or Pb for lead.

ANNEX

Model Withdrawal Form

(If you wish to withdraw from the contract, please complete and return this form.)

To:

Hofbraeuhaus-shop.de
c/o CHAPS Merchandising GmbH
Johannisstraße 1
50226 Frechen
Germany
Phone: +49 (0)2234 – 9990714
Email: support@chaps-online.de

I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods:

Ordered on:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

(*) Delete as appropriate.

End of Model Withdrawal Form

Dispute resolution

The European Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with their online order without involving a court. The dispute resolution platform is available at:

https://ec.europa.eu/consumers/odr/