General Terms and Conditions of Business

1. scope of application

The following General Terms and Conditions apply to all orders placed via our online shop by consumers and entrepreneurs.A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.vis-à-vis entrepreneurs, these GTC shall also apply to future business relations without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

2. contracting party, conclusion of contract

The purchase contract is concluded with Brauerei J. Kemker.

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping basket. The confirmation of receipt of your order will be sent by e-mail immediately after the order has been sent. The time at which the contract with us is concluded depends on the method of payment you have chosen:

Prepayment We accept your order by sending a declaration of acceptance in a separate e-mail within two days, in which we will provide you with our bank details.

PayPal During the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.

PayPal Plus As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. After placing your order, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. This concludes the contract with us.

3. contract language, contract text storageThe language available for the conclusion of the contract is German.

We store the text of the contract and send you the order data and our General Terms and Conditions by e-mail. You can view the text of the contract in our customer login.

4. delivery conditions

Shipping costs are added to the stated product prices. You can find out more about the shipping costs in the offers.

In principle, you have the option of collection from Brauerei J. Kemker, Wettendorf 1 , 48351 Everswinkel, Germany during the following business hours: by arrangement.

We do not deliver to packing stations.

5. payment

The following payment methods are available in our shop:

PrepaymentIf you select the prepayment method, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.

PayPal During the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.

PayPal PlusWith the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment instruction to PayPal.If you have chosen the payment method PayPal, you must be registered there in order to be able to pay the invoice amount or you must first register and legitimise yourself with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment instruction. You will receive further instructions during the ordering process. If you have chosen the credit card payment method, you do not have to be registered with PayPal to pay the invoice amount. The payment transaction will be carried out by your credit card company at PayPal's request immediately after confirmation of the payment instruction and after your legitimation as a legitimate cardholder, and your card will be charged. You will receive further instructions during the ordering process. If you have chosen the direct debit payment method, you do not have to be registered with PayPal to pay the invoice amount. By confirming the payment instruction, you give PayPal a direct debit mandate. PayPal will inform you about the date of the debit (so-called prenotification). By submitting the direct debit mandate immediately after confirming the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You will receive further instructions during the ordering process.

6. reservation of proprietary rights

The goods shall remain our property until full payment has been made. For entrepreneurs, the following shall apply in addition: We reserve title to the goods until full settlement of all claims arising from an ongoing business relationship. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, however, we may also collect claims ourselves insofar as you do not meet your payment obligations.

7. transport damages

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance. The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) applies. If you fail to make the notification regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.

8 Warranty and guarantees

Unless otherwise expressly agreed below, the statutory liability for defects shall apply.In the case of the purchase of used goods by consumers, the following shall apply: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects shall be excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse in accordance with § 445a of the German Civil Code (BGB) shall remain unaffected.vis-à-vis entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall assume no liability for public statements by the manufacturer or other advertising statements. If the delivered item is defective, we shall initially provide a warranty to entrepreneurs, at our discretion, by remedying the defect (rectification) or by delivering an item free of defects (replacement delivery). The above restrictions and shortening of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the event of injury to life, limb or health in case of intentional or grossly negligent breach of duty as well as fraudulent intent in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) within the scope of a guarantee promise, insofar as agreedinsofar as the scope of application of the Product Liability Act is opened. Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

9 Liability

For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation in the event of injury to life, limb or health, in the event of intentional or grossly negligent breach of duty, in the case of warranty promises, insofar as agreed, or insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

10. dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

11. protection of minorsIf your order includes goods whose sale is subject to age restrictions, we ensure that the customer has reached the required minimum age by using a reliable procedure including a personal identity and age check. The delivery person will only hand over the goods after the age check has been carried out and only to the customer in person.

12. final provisions

If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.

Terms and conditions created with the Trusted Shops legal text editor in cooperation with Wilde Beuger Solmecke Rechtsanwälte.