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Terms and Conditions

Terms and Conditions

Dear Customers,

our primary goal is to satisfy you with our products and services, so that you might recommend us to your friends and family. When in doubt, we will make necessary decisions in your favor. Just in case, here’s the fine print:

I. General Terms


Preliminary Note:

Our terms and conditions apply to every purchase in our online-shop. More information about us, your contractual partner, can be found on the bottom of this text. The terms and conditions can be read, stored and printed at https://www.oktoberfest.de/en/shop/terms-and-conditions.

Other, possibly differing, terms and conditions are explicitly declared void. For business-to-business relations, these terms and conditions are valid for the whole business-relation, including possible follow-up contracts, without the necessity of a renewed, explicit agreement.

The general terms and conditions contain rules and regulations for all purchases (see I.), special regulations for purchases by customers defined by § 13 BGB (see II. below) and business-customers as defined by § 14 BGB (see III. below).

I. General Terms

§ 1 Conclusion of Contract

  1. The depiction of the products in the online-shop is not a legally binding offer, but a noncommittal online-catalogue. With entering your personal data and clicking the button "Confirm checkout" in the final step of the order-procedure, you place a binding order of the products in the shopping-cart.
  2. Please fill in the necessary data completely and correctly. Your order can only be properly processed and executed, if the necessary data - especially address for delivery and payment details - is correct.
  3. We will notify you as soon as we receive your order. This does not constitute acceptation of your offer of purchase. This notification is a confirmation that we received your order and contains important information for you - for example about withdrawal from contract from your side.
  4. Datenwerk Logistik can accept the offer within two weeks. The contract comes into being when Datenwerk Logistik accepts the offer. The offer will be accepted in written form via e-mail or by a notification that the goods have been shipped or delivery of the goods. The languages of the contract are German and English.
  5. Datenwerk Logistik is entitled to rescind the contract if there are mistakes or errors in spelling, printing, calculating or accounting. It is our obligation to proof that mistake to you. All payments will be refunded immediately.

§ 2 Prices, Retention of Title

  1. Prices at the time of the order apply. Prices given on the product-pages include VAT and all other parts of the final price. Other additional costs for shipping or payment fees are addressed explicitly in the ordering process. Possible custom charges for non-EU-countries are not considered, as the responsible customs will charge the recipient directly.
  2. We retain the right to differ from the prices given in the online shop. In that case, we will explicitly point this out in the confirmation of the order. This changed confirmation of your order is to be understood as a new proposition for a contract and only becomes valid after your renewed and explicit agreement.
  3. The wares remain our property until they are paid for in full. Before the transfer of property rights, pawning, chattel mortgage, converting, processing or rearrangement and redesigning are prohibited.

§ 3 Methods of Payment

  1. Payment of the purchase price has to be made by one of the methods of payment listed on the website (e.g. credit card, advance payment, cash on delivery). Please understand, that we can not offer certain kinds of payment. Cash discount deduction is not possible.
  2. Please do not send cheques or cash. If you send us cash or cheques nonetheless, we refuse all responsibility for a possible loss, except in cases of negligence or intention.
  3. If you choose to pay via cash on delivery, the payment is made directly to the assigned mail-order service. There will be additional fees and C.O.D. charges.
  4. Please make sure, that the payment details given by you are correct and that the chosen method of payment is valid for the payment (e.g. sufficient cover for orders by direct debit or credit limit for orders by credit card). Otherwise you will be bound to pay for the damages caused to us by your omission of duties. The damage for a return debit note is 8.00€. You are however free to prove a lesser damage. In case of a dishonor or return of a debit advice, you irrevocably advise your bank to inform us about your name and current address.
  5. If payment is delayed, we are entitled to charge collection expenses of 7.50€. You are however free to prove a lesser damage.

§ 4 Liability

  1. We refuse liability in case of slight negligence of duty.
  2. This aforementioned exclusion of liability does not apply in the following cases:
    • Damages to life, body and health.
    • Claims backed by the law on product liability.
    • Guarantees given by us about appearance and workmanship or durability.
    • Violation of essential contractual duties.
  3. In case of liability because of slight negligence, because essential contractual duties were violated, our liability is limited to damages, which are foreseeable and appropriate to the contract.
  4. If our liability is excluded or limited by the aforementioned clauses, the same applies to our legal representatives, staff and auxiliary persons.

§ 5 Delivery

  1. Deliveries will be made, according to the terms and conditions on the respective websites at the time of the order, to the address stated by the customer. Specifications about the date of delivery are not binding if a date of delivery has not been explicitly been confirmed by us.
  2. We are entitled to delivering orders in parts. Additional costs will be paid for by us.
  3. If the ordered wares are temporarily or altogether unavailable because of our suppliers, you will be informed as soon as possible. In that case, it is your decision, wether to wait for the products or to retreat from the contract. In case of cancellation of the contract, all potential payments will be refunded immediately.
  4. In case of two defaults of acceptance by the customer, we are entitled to retreat from the contract. Payments by you will be refunded immediately. The costs for the failed delivery will however be charged to you, if you are to blame by e.g. providing a wrong or incomplete delivery address or because you failed to collect the wares despite having been notified.

II. Special Terms for Purchases by Customers

§ 6 Loss / Damage during Transport

  1. If wares are delivered with obvious transport damages, complain directly to the delivery agent and contact us as fast as possible atshop@oktoberfest.de
  2. Failing to complain or to contact us doesn’t have any influence on your warranty claims. You do however help us to enforce our claims against the delivery agent or the transport insurance company.

§ 7 Return Fees

  1. You have an official right of revocation, which you will be informed about separately. Should you use your right of revocation, you will be charged the fees for the return shipment.
  2. Apart from paragraph 1., the following applies: 1. Return consignments are always free of charge for you, if the wares you received are different from what you ordered.

§ 8 Liability for defects, Warranty

  1. We grant the rights provided by law.
  2. By default, our product descriptions do not contain information about character or durability of the wares, which could be understood as a guarantee according to § 443 BGB. We only offer such a guarantee, if we point it out explicitly. A possible guarantee by us does not infringe or exclude your legal rights.
  3. Should you receive damaged wares as a customer outside of Germany, we unfortunately can not offer a replacement shipment. Of course we will return your payment in part or full.

§ 9 Place of Jurisdiction

  1. If you don’t have a place of jurisdiction in Germany, we are entitled to sue at the courts responsible for Munich.

III. Special Terms for Business-Customers and Traders

§ 10 Notice of Defect

  1. You are bound to inspect the wares after requirements of § 377 HGB.
  2. In case of a material defect, it is up to us to either rectify the defect article by supplementary performance or to deliver an intact article. Should the supplementary performance fail, you are entitled to reduce the price of the article or to demand revocation from the contract.

§ 11 Place of Jurisdiction, Choice of Law

  1. If you don’t have a place of jurisdiction in Germany or are not a trader by the definition of the HGB, we agree on the jurisdiction of the courts responsible for Munich. We are entitled to sue at the court responsible for you.
  2. German law applies excluding the CISG (United Nations Convention on Contracts for the International Sale of Goods).
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