General Terms And Conditions
§ 1 scope, customer information
The following general terms and conditions (GTC) regulate the contractual relationship between candirect Hopfen and Malz Versand, Dipl.-Ök. Stefan Welfonder (www.hopfenundmalz.eu) and the consumers and entrepreneurs who buy goods through our shop. Conditions that contradict or deviate from our terms and conditions are not recognized by us. The contract language is German.
§ 2 conclusion of contract
(1) The offers on the Internet represent a binding offer to you to buy goods.
(2) You can add one or more products to the shopping cart. In the course of the ordering process, you enter your data and wishes regarding the method of payment, delivery modalities, etc. Only when you click the order button do you accept the offer to conclude a purchase contract. You can also conclude the sales contract by telephone or fax.
§ 3 Customer information: Storage of the contract text
Your order with details of the concluded contract (e.g. type of product, price, etc.) will be saved by us. We will send you the terms and conditions, but you can also access the terms and conditions on our website at any time after the conclusion of the contract. As a registered customer, you can access your previous orders via the customer login area (My customer account).
§ 4 Customer information: Correction note
You can correct your entries at any time before submitting the order with the delete button. We will inform you about further correction options on the way through the ordering process. You can also completely end the ordering process at any time by closing the browser window.
§ 5 retention of title
The purchase remains our property until full payment.
§ 6 Statutory warranty rights and statute of limitations
(1) Statutory warranty rights
Statutory warranty rights exist for our goods.
(2) Limitation of warranty rights (warranty) vis-à-vis consumers for used goods
There are two deadlines for your claims for defects, both of which run from the delivery of the used goods to you.
We are reducing the liability period for defects from two years to one year.
However, you can assert defects that occur within this liability period up to the expiry of the statutory limitation period of two years.
Excluded from the shortening of the liability period are claims for damages, claims for defects that we have fraudulently concealed, and claims from a guarantee that we may have assumed for the quality of the item. The statutory deadlines apply to these excluded claims. If there is a guarantee period, the longer period applies in favor of the guarantee holder.
(3) Restriction of warranty rights (warranty) towards entrepreneurs
Your warranty claims due to defects in the purchased item expire one year from the transfer of risk. The following claims are excluded from this rule
- for damages
- due to fraudulently concealed defects
- from a possibly given guarantee
- on recourse according to §§ 445a, 478 BGB
- due to defects in building materials and components that have been used for a building in accordance with their normal use and have caused its defectiveness.
For these excluded claims, the statutory limitation periods apply. In the case of a possibly given guarantee period, the longer period applies in favor of the buyer.
§ 7 Limitation of Liability
We exclude liability for slightly negligent breaches of duty, provided that these do not relate to essential contractual obligations, damage from injury to life, limb or health, guarantees or claims under the Product Liability Act (ProdHaftG). The same applies to breaches of duty by our vicarious agents and our legal representatives. One of the essential contractual obligations is in particular the obligation to hand over the item to you and to provide you with ownership of it. Furthermore, we have to provide you with the item free of material and legal defects.
§ 8 Commercial place of jurisdiction
The exclusive place of jurisdiction for all disputes arising from this contract is our place of business if you are a merchant.
§ 9 Consumer information: Participation in janoFair
We take part in janoFair. janoFair is an alternative to the state-recognized consumer arbitration boards. If we cannot settle differences of opinion from our contractual relationship amicably, janoFair's free dispute resolution procedure is available to you. The statute of limitations for any claims is excluded for the duration of this procedure. If no agreement can be reached there either, legal recourse is still open.
This document was created and is being updated with the technology of janolaw AG.