Terms and Conditions
Terms and Conditions of Use of Warsteiner Brauerei Haus Cramer KG (hereinafter: “Warsteiner Brauerei”)
1. Object of the Terms and Conditions of Use
1.1. The Warsteiner Brauerei operates a Premium Shop under http://www.warsteiner-usa.com/shop/, http://www.warsteiner.nl/shop/ and http://www.warsteiner.it/shop/ as a service platform and for the purpose of marketing products related to its main product WARSTEINER.
1.2. The objects of these Terms and Conditions of Use are the formation of the contract for use and also regulations for the use of the online shop. With your registration, you consent to these Terms and Conditions of Use.
1.3. When ordering products from the online shop, the Standard Terms and Conditions of Business – WARSTEINER Premium Shop – apply in precedence.
1.4. The respectively current version of the Terms and Conditions of Use can be called up electronically under www.warsteiner.com.
1.5. These Terms and Conditions of Use are available in several languages.
2. Contract partner
2.1. The contract partner of the user is Warsteiner Brauerei Haus Cramer KG with registered office in 59581 Warstein, Domring 4-10, entered at the district court Arnsberg under HRA 3404. The partner with personal liability is Haus Cramer Management GmbH with registered office in Warstein, entered at the district court Arnsberg under HRB 2717; the directors are Ms. Catharina Cramer, Mr. Peter Himmelsbach and Mr. Martin Hötzel. The VAT ID no. is DE 125 688 233.
2.2. The Warsteiner Brauerei offers the conclusion of a contract for use exclusively to persons of full age and of unrestricted legal capacity. An arrangement to the contrary may apply in individual cases upon submission of the consent of the legal representatives.
3. Contract for Use
3.1. The viewing of the range of goods offered by the Warsteiner Brauerei is possible without registration. In order to use the order function of the website, you must enter personal data in the course of placing the order.
3.2. No claim exists to acceptance of the contract for use by the Warsteiner Brauerei.
3.3. The Warsteiner Brauerei reserves the right at any time to change, extend or restrict the website as well as individual functionalities in so far as the Warsteiner Brauerei has not assumed any obligation of performance in this respect.
4.1. For the contract for use, the following notice of the right of revocation applies.
Right of revocation
You may revoke your declaration of contract within one month in text form (e.g. letter, fax, e-mail) without specifying reasons. The time period begins following receipt of this notice in text form, but not before the conclusion of the contract and also not before the fulfilment of our duties to provide information in accordance with § 312c, para. 1, BGB [Bürgerliches Gesetzbuch – German Civil Code] in combination with Art. 246 §§ 1, 2 EGBGB [Introductory Act of the German Civil Code] and also our duties in accordance with § 312e, para. 1, no. 2, BGB in combination with Art.246, § 3 EGBGB.
In order to comply with the period for revocation, the timely despatch of the revocation is sufficient.
The notice of revocation is to be directed to:
Haus Cramer KG
Fax: (0 29 02) 88 12 99E-mail: info@Warsteiner.com
Consequences of revocation
In the case of an effective revocation, the mutually received performances are to be returned and any use or benefits derived therefrom (e.g. interest) are to be handed over. If you are unable to return the performance received to us, either in whole or in part, or only in a worse condition, you must, where applicable, compensate us for the loss of value. Obligations to reimburse payments must be fulfilled within 30 days. The period of time commences for you with the despatch of your declaration of revocation and for us with the receipt of the same.
Your right of revocation will lapse prematurely if the contract has, at your express wish, been fulfilled in full by both sides before you have exercised your right of revocation.
End of the notice of right of revocation
4.2. For orders via the online shop, the notice of the right of revocation in accordance with the Standard Terms and Conditions of Business – WARSTEINER Premium Shop – apply.
5. Duties of the user
5.1. When registering, all necessary data is to be supplied in full and correctly. The registration of a legal entity may only be made by a natural person entitled to represent the same who must be specified by name. Your registration and other data necessary within the scope of the contractual relationship are at all times to be kept accurate and up-to-date, and any changes to be notified to the Warsteiner Brauerei without delay.
5.2. You are under an obligation to keep your access data strictly secret and to protect it from becoming known to third parties. The Warsteiner Brauerei is to be informed if any indications exist that unauthorised persons are aware of the access data. You are liable for all activities which are undertaken under your user account unless you are not responsible for the abuse of your user account.
5.3. A multiple registration is inadmissible. Neither the user contract nor a user account nor individual claims against the Warsteiner Brauerei arising from this contract for use are transferable or assignable.
5.4. The Warsteiner Brauerei shall be under no obligation to store or preserve documents or data for the users. If you need documents transmitted or provided online by the Warsteiner Brauerei (e.g. orders) for your own business or other purposes, you must therefore store these yourself in your own systems or print them out and retain the same.
5.5. You are obliged within the scope of the use of the Warsteiner website to behave lawfully and to refrain from any acts which are liable to lead to an excessive burden for the website or otherwise to impair or manipulate the functionality of the infrastructure of the website. This shall also relate to acts which jeopardise the integrity, stability or availability of the website.
6. Functions of the website
6.1. The maintenance of the website of the Warsteiner Brauerei may have negative effects upon the ability to call up the site. Maintenance measures are carried out in so far as possible having consideration for the users. Regular or planned maintenance works are carried out at points in time with the least possible general use and will, where these are of extensive duration, be announced in sufficient time in advance. In addition, unannounced maintenance measures e.g. in the case of unforeseeable interferences (e.g. attacks, viruses) may be necessary.
7. Rights to contents
7.1. The Warsteiner Brauerei reserves its proprietary rights of exploitation and copyright relating thereto without restriction in all images, photos, drawings, texts and other contents on the website. Any unchanged or changed use of these contents or parts thereof requires the express prior consent of the Warsteiner Brauerei.
7.2. No rights to contents, labels or other constituent parts on which the intellectual property rights of the Warsteiner Brauerei are based above and beyond those rights which are necessary for the mere use of the website within the scope of these Terms and Conditions of Use are transferred or otherwise granted through the permission to use the website.
8. Term, termination, deletion, blockage
8.1. The contract for use runs for an indefinite period of time and may at any time be duly terminated both by you and by the Warsteiner Brauerei in text form observing a period of notice of 3 days.
8.2. The contractual relationship may furthermore be terminated by both parties for cogent reasons without observing a period of notice. For the Warsteiner Brauerei, such a cogent reason may in particular be serious behaviour on your part in breach of contract, e.g. breach of statutory provisions or of Clause 4 of these Terms and Conditions of Use.
8.3. At the end of the contract, your user account will be blocked and you will no longer be able to place any orders online. As from this point in time, you will also no longer be able to retrieve the data stored in your user account.
The use of the online shop is free of charge.
10.1. Within the scope of this contract for use, the liability of the Warsteiner Brauerei is excluded in the case of any damage caused through slight or ordinary negligence.
10.2. The liability of the Warsteiner Brauerei, irrespective of blame, in the area of leasing and similar relationships of use for faults already present at the conclusion of the contract is expressly excluded.
10.3. The general use and accessibility of the website is free of charge (see Clause 9). The availability of the website at all times does not constitute a contractual duty of performance on the part of the Warsteiner Brauerei. For instance, the Warsteiner Brauerei is not responsible for downtimes by reason of technical or other problems which do not lie within the sphere of influence of the Warsteiner Brauerei (force majeure, fault on the part of third parties etc.). Accordingly, no liability is accepted for restricted availability. In particular, no claims exist against the Warsteiner Brauerei where a lack of availability has effects on contracts, for instance because a contract cannot be concluded.
11. Final provisions, applicable law and court venue
11.1. The Warsteiner Brauerei is at any time entitled to amend or supplement these Terms and Conditions of Use. The Warsteiner Brauerei will in each case notify you of this in advance in text form (e.g. e-mail), observing a period of notice of at least one month before the point in time of the change. You are entitled to terminate the use relationship with effect from the coming into force of the change or supplement through notification in text form. If you do not do so, this will be deemed to constitute consent to the amended or supplemental Terms and Conditions. The Warsteiner Brauerei will in each case draw attention to this effect.
11.2. The legal relationship between the contract partners is governed by the law of the Federal Republic of Germany. The provisions of the Vienna UN Convention on Contracts for the International Sale of Goods of 11 April 1980 shall not apply.
11.3. With business persons, legal entities established under public law or bodies of special assets established under public law, Warstein is agreed as the exclusive court venue. Warstein is also the exclusive court venue if the user has no general court venue in Germany or if, following the conclusion of the contract, the user transfers his place of residence or habitual place of abode to outside Germany, or the place of residence or habitual place of abode of the user is not known.
End of the Terms and Conditions of Use, Version 1.0
Status: 1 February 2012