General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
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The following terms and conditions apply to contracts concluded between you and us, Getränkeland Onlinehandelsgesellschaft mbH, via the website https://dosenmatrosen.de. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is expressly rejected.
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A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in exercise of their trade, business, or profession.
§ 2 Conclusion of the Contract
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The subject matter of the contract is the sale of goods.
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By placing the respective product on our website, we submit a non-binding invitation for you to submit an offer to purchase under the terms stated in the item description via the online shopping cart system.
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The offer to conclude a purchase contract via the online shopping cart system proceeds as follows:
The 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.
After clicking the “checkout” or “proceed to order” button (or a similarly labeled button) and entering the required personal information as well as the payment and shipping conditions, you will be shown a final order overview.If you choose an instant payment system (e.g., PayPal [Express/Plus/Checkout], Amazon Pay, Sofort, giropay), you will be redirected either to the order overview page on our online shop or to the website of the respective instant payment provider.
If redirected, please complete the necessary steps and provide the requested information on the payment provider’s website. Afterward, you will be shown an order summary either on their website or after returning to our online shop.Before submitting the order, you have the opportunity to review and amend your entries, or cancel the order entirely (using, for example, your browser’s “back” function).
By submitting the order via the relevant button (e.g., “place binding order,” “buy now,” “purchase,” “pay now,” or similar), you make a legally binding declaration of intent to accept our non-binding offer. You will then receive an order confirmation. The contract is deemed concluded only upon dispatch of the shipping confirmation.
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We reserve the right to cancel orders in the event of substantial errors, particularly those due to obvious pricing mistakes arising from technical or input errors. In such cases, the customer will be promptly informed, and any payments made will be refunded immediately. There is no entitlement to delivery at the erroneous price.
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Order processing and communication regarding the contract will generally be carried out via email in a partially automated process. You must therefore ensure that the email address you provide is correct, and that receipt of emails is technically possible and not blocked by spam filters.
§ 3 Special Terms for Payment Methods
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Credit Check
If we provide goods in advance (e.g., purchase on account or by direct debit), we reserve the right to perform a credit check. For this purpose, we may transmit your data to Unzer GmbH, Schöneberger Str. 21a, 10963 Berlin, Germany, in order to safeguard our legitimate interests. Based on the result of this credit check, we reserve the right to refuse the selected payment method. -
Payment via SOFORT / Immediate Transfer
When choosing the SOFORT payment method, the transaction is processed by Sofort GmbH (Theresienhöhe 12, 80339 Munich, Germany), a Klarna Group company (Klarna Bank AB [publ], Sveavägen 46, 111 34 Stockholm, Sweden). You must have an online banking account activated for SOFORT to use this method. During the order process, you will be prompted to verify your identity and confirm the payment to SOFORT. Your bank account will be debited immediately after the order is placed. For further information, visit: https://www.klarna.com/sofort -
Payment via PayPal / PayPal Checkout
If you choose a PayPal payment method, the transaction is processed by PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22–24 Boulevard Royal, L-2449 Luxembourg). The available payment options via PayPal will be displayed on our website and during checkout. PayPal may make use of other payment service providers, subject to additional terms and conditions, which will be communicated separately where applicable. Further information is available at: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full
§ 4 Right of Retention, Retention of Title
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You may only exercise a right of retention to the extent that it concerns claims arising from the same contractual relationship.
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The goods remain our property until full payment of the purchase price.
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If you are a business customer, the following also applies:
a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled. Pledging or transferring as security before the transfer of ownership is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you assign to us in advance all claims arising from such resale, up to the amount of the invoice value. We accept this assignment. You remain authorized to collect the claim, but we reserve the right to collect the claim ourselves should you fail to meet your payment obligations.
c) If the reserved goods are combined or mixed with other items, we shall acquire co-ownership in the resulting item proportionate to the value of the reserved goods.
d) Upon your request, we undertake to release securities insofar as the realizable value of our securities exceeds the secured claims by more than 10%. The selection of securities to be released is at our discretion.
§ 5 Warranty
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Statutory warranty rights apply.
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As a consumer, you are requested to immediately check the goods for completeness, obvious defects, and transport damage upon delivery and to notify us and the carrier promptly of any complaints. Failure to comply with this does not affect your statutory warranty rights.
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Where a product deviates from the objective requirements, such deviation shall only be deemed agreed if we have expressly informed you thereof prior to contract conclusion and you have expressly and separately agreed to the deviation.
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If you are a business customer, the following applies in deviation from the above warranty provisions:
a) Only our own specifications and the product description of the manufacturer shall be deemed agreed as to the characteristics of the goods, not public statements or advertisements.
b) In case of defects, we shall provide warranty at our discretion by repair or replacement. If the defect remedy fails twice, you may request a price reduction or withdraw from the contract. In the event of a repair, we are not obliged to bear any increased costs resulting from moving the goods to a location other than the place of performance, unless such movement is consistent with the intended use.
c) The warranty period shall be one year from delivery. This limitation shall not apply:
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to damages resulting from injury to life, body or health caused by us;
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to damages caused by gross negligence or intent;
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where we have fraudulently concealed a defect or guaranteed specific characteristics;
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to goods used for construction in accordance with their customary use which caused the defect;
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to statutory recourse claims.
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§ 6 Governing Law, Place of Fulfilment, Jurisdiction
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German law shall apply. For consumers, this choice of law only applies insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of their habitual place of residence.
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The place of performance for all obligations and the place of jurisdiction is our registered office, provided 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 do not have a general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is unknown at the time of bringing legal action. The right to bring proceedings before any other legally permissible court remains unaffected.
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The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply.
§ 7 Youth Protection
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In cases where goods are subject to age restrictions under the Youth Protection Act, we only enter into contracts with customers who meet the legal minimum age. Relevant age restrictions are indicated in the product description.
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By placing your order, you confirm that you meet the statutory minimum age requirement and that all information provided regarding your name and address is accurate. You are required to ensure that only you or persons authorized by you who also meet the minimum age receive the delivery.
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Where legally required, we instruct the logistics provider to deliver goods only to persons who have reached the legal minimum age and, if in doubt, to request proof of age via official identification.
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Where our product description states a minimum age of 18, the above provisions apply accordingly, with the legal minimum age being 18 years.
II. Customer Information
1. Identity of the Seller
Getränkeland Onlinehandelsgesellschaft mbH
Hauptstraße 103a
18107 Elmenhorst
Germany
Phone: +49 381 7788710
Email: info@getraenkeland-online.com
Alternative Dispute Resolution:
The European Commission provides an online platform for out-of-court dispute resolution, which is accessible at: https://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2. Information Regarding the Conclusion of the Contract
The steps for concluding the contract, the formation of the contract itself, and correction options are governed by the provisions outlined in the section “Conclusion of the Contract” in our General Terms and Conditions (Part I).
3. Contract Language and Storage of the Contract Text
3.1. The contract language is German.
3.2. The full contract text is not stored by us. Before placing the order via the online shopping cart system, the contract data can be printed or electronically saved using the browser’s print function. After receipt of the order by us, the order data, the legally required information in the case of distance contracts, and the General Terms and Conditions will be sent to you again via email.
4. Codes of Conduct
4.1. We adhere to the Buyer’s Seal Quality Criteria of Händlerbund Management AG. These criteria can be reviewed at:
https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf
5. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services are described in the respective product listings.
6. Prices and Payment Terms
6.1. The prices listed in the respective offers and the shipping costs constitute total prices. They include all price components, including applicable taxes.
6.2. Shipping costs are not included in the purchase price. They are accessible via a correspondingly labeled link on our website or in the respective product listing, are displayed separately during the ordering process, and must be borne by you in addition, unless free shipping is expressly stated.
6.3. The available payment methods are listed under a correspondingly labeled link on our website or in the respective product listing.
6.4. Unless otherwise specified for the individual payment methods, payment claims arising from the concluded contract are due immediately.
7. Delivery Conditions
7.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly labeled link on our website or in the respective product listing.
7.2. If you are a consumer, the risk of accidental loss and accidental deterioration of the sold goods passes to you only upon delivery of the goods, regardless of whether the shipment was insured or uninsured. This does not apply if you independently commissioned a transport company not named by us or a person otherwise designated to carry out the shipment.
If you are a business customer, delivery and dispatch are at your risk.
8. Statutory Liability for Defects
Liability for defects is governed by the provisions on “Warranty” in our General Terms and Conditions (Part I).
These Terms and Customer Information were prepared by the legal experts of Händlerbund Management AG, who specialize in IT law. The texts are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal reliability of these texts and assumes liability in case of legal warnings.
For more information, please visit:
https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service
Last updated: 07 August 2023