Terms and Conditions
Terms of Service
Note: Insofar as personal relationships take place in the male form in this contract, both male and female and various persons are addressed with this wording.
1. CONTRACTING PARTIES AND APPLICATION OF THESE GTC
1.1. For the business relationships between living beers & magic cauldrons UG (limited liability), represented by the managing directors Juliane Schwab and Michael Schwab, Jacobsenweg 13-31 in 13509 Berlin | Telephone: +49 (0) 177-6940961 E-mail: info@brewbaker.de (hereinafter "Seller") and the customer shall apply exclusively to these General Terms and Conditions in the version valid at the time of the order, unless otherwise agreed. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.
1.2. According to § 13 BGB, a consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.
1.3. The right of cancellation in these terms and conditions does not apply in the context of business relationships between the seller and entrepreneurs according to § 14 BGB. We recommend that customers who are not sure whether they are consumers or entrepreneurs exercise their right of withdrawal in a timely manner. If the subsequent legal examination shows that the customer is an entrepreneur within the meaning of § 14 BGB, sentence 1 applies.
2. SUBJECT OF THE AGREEMENT
2.1. The subject of the contract is the provision of the agreed services. Unless the parties have agreed otherwise, the contractual service extends to the implementation and support of the following services, each with the cooperation of the customer:
2.1.1. The seller supports the customer in the area of product development. This includes both the creation and development of beer and lemonade recipes as well as, after appropriate commissioning, the production of the respective beers and lemonades.
2.1.2. The beers and lemonades developed and produced by the seller and the customer are filled by the seller into suitable containers provided for the customer.
2.1.3. The seller advises the customer on all technological and commercial issues related to product development.
In the technological area, the seller supports the customer in complying with the specifications to be observed for the production of the drinks. Next, the seller shows the customer the necessary equipment and other utensils and ingredients that are needed to make the drinks. Along with this, the manufacturing process based on the respective steps up to the final drink must also be conveyed to the customer and shown physically. The first beers and/or lemonades are made together to ensure that everything runs smoothly.
In the commercial area, the seller provides the customer with the basics for founding a company that produces and markets the recipes and drinks that have been developed. For this purpose, the seller gives the customer the commercial structures and processes of a company and shows the customer optimization processes. Basic commercial facts such as profitability, liquidity, investment calculation and financing, safeguards for entrepreneurs are to be conveyed and - if necessary - made available to the customer in the form of documents with the respective explanations. For the marketing and advertising of the respective products, the seller makes his professional skills and knowledge available to the customer, which the customer can use to be able to compete on the market. For the necessary legal basis, the seller refers the customer to a lawyer. The seller himself does not provide legal advice.
2.1.4. The seller will endeavor to provide the customer with the basic knowledge of plant construction in a brewery, the production of beverages and management and management in the catering trade by providing information on this subject and the provision of corresponding documents and guidelines, to mediate.
2.1.5. The seller supports the customer after appropriate assignment with his preparatory bookkeeping. Here, all documents are arranged chronologically by the seller in order to simplify the subsequent entry for the tax consultant. The seller manages the cash register report without account assignment and the bank statements if bank accounts are available. Invoices, reminders and inventories are also created by the seller. The customer also transfers the management of his social media channels to the seller. The seller creates the content for the customer that is to be updated regularly on the social media channels and uses it regularly with postings, advertising, etc.
2.2. The seller is entitled to carry out the assigned work himself or to commission third parties to do so.
2.3. The seller expressly points out that economic successes hoped for or planned by the customer are not the subject of this contract.
3. Offers, conclusion of contract and contract language
3.1. The seller's offers and/or cost estimates are always non-binding, unless otherwise stated in the order confirmation.
3.2. By sending the order, the customer submits a binding offer. An order can be placed by e-mail, fax, telephone or by post. The seller is entitled to accept the contract offer contained in the order within four weeks. The acceptance takes place through order confirmation or provision of the service. If the customer does not receive an order confirmation within two weeks, the customer is no longer bound to his order.
3.3. The seller assures that all information on the services offered is provided and checked to the best of his knowledge and belief.
3.4. The seller is entitled to refuse his services if it becomes known after the conclusion of the contract that the claim to the consideration is at risk due to the customer's lack of ability to pay, in particular a deterioration in the financial situation. If the customer is not willing, even after the expiry of a reasonable period set for him, to provide his consideration or security step by step, the seller reserves the right to withdraw from the contract.
3.5. Unless otherwise agreed between the parties, the seller reserves all rights to which he is entitled to the documents made available, in particular designs, logos, trademarks, copyrights, registered designs, utility models, templates and other industrial property rights as well as cost estimates. If the order is not placed with the seller, all documents made available must be returned to the seller at the request of the seller and at the customer's expense in the original and including all copies made.
3.6. The text of the contract is generally made available in German. Translations into other national languages are possible if necessary and at the request of the customer and will be commissioned by the seller after prior written agreement. The costs of the translation are to be borne by the customer. However, only the German version is legally binding. Possible claims for damages against third parties
4. PERFORMANCE OF THE SERVICES
4.1. The execution of the contract takes place in close coordination between the customer and the seller.
4.2. If one party does not agree with the way the other party works and behaves in essential points, the other party must be informed immediately in text form. Otherwise the way of working and the conduct of the other party shall be deemed to be in accordance with the contract.
4.3. The customer ensures that all necessary and/or all cooperation agreed upon when the order was placed by the customer or his vicarious agents are provided in good time, to the required extent and free of charge for the seller.
4.4. All information, documents, data, materials and files provided by the customer are treated with care by the seller, protected against access by third parties, used only within the scope of the contractual obligation and, if possible, returned to the customer at the customer's first request after the end of the contract .
4.5. The provision of services takes place in the manner agreed between the customer and the seller. This can be done via telephone, online media, face-to-face meetings, among others.
4.6. In particular, in the case of an agreement to provide a service via the media, the customer must ensure that all necessary technological means - such as webcams, headphones, computers, etc. - are available so that the seller can also use the service can bring him. For this purpose, the customer must be available and obtain or download all necessary media.
5. CUSTOMER OBLIGATIONS
5.1. The customer is obliged to provide truthful information when ordering. The customer must notify us immediately, at the latest before the next order of goods and/or a service, of any changes to data that is important for the business relationship (e.g. name, address, e-mail address). If incorrect data is communicated, the seller is entitled to withdraw from contracts already concluded with these customers.
5.2. The order processing of the offered services and the establishment of contact usually takes place via e-mail, fax, telephone or by post . The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
6. PRIZES AND COMPENSATION
6.1. Unless otherwise stated in the seller's service description - which is communicated before the contract is concluded - the prices quoted are net prices plus statutory sales tax. Any additional costs such as travel costs are specified separately in the respective product description.
6.2. Unless otherwise stipulated in the contract, payments are due within 30 days of invoicing without any deductions. If the payment dates are exceeded, the seller is entitled to interest on arrears at a rate of 9 percentage points above the applicable base interest rate without further reminders. The right to assert further damage remains unaffected.
6.3. If the customer changes and/or cancels orders, work, extensive planning and the like outside of the ongoing provision of services, he will reimburse the seller for all costs incurred and release him from all third-party liabilities.
6.4. Cash expenses and special costs incurred by the seller at the express request of the customer will be charged at cost price. These include, for example, extraordinary communication, shipping and duplication costs.
7. PAYMENT
The customer has various payment options available, which he can arrange individually with the seller.
7.1. Payment in advance: If advance payment has been agreed, payment is due immediately after conclusion of the contract. In the case of payment in advance, the total invoice amount is to be transferred to the seller's account. After receipt of payment the delivery of goods will be carried out.
7.2. Payment by immediate transfer: With the payment method "SOFORT transfer", the payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich. In order to be able to pay the invoice amount via SOFORT Banking, the customer must have an activated online banking account with PIN/TAN procedure for participation in SOFORT Banking, identify himself accordingly during the payment process and confirm the payment order to SOFORT Banking. The payment transaction is carried out immediately afterwards by SOFORT transfer and the customer's bank account is debited. The customer can call up more detailed information on the SOFORT transfer payment method on the Internet at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/.
7.3. Payment via PayPal: When paying using a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
7.4. Payment by invoice: With the purchase on account payment method, the purchase price is due after the goods have been delivered or the service has been rendered and invoiced. In this case, the purchase price must be paid within 30 (thirty) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will point out a corresponding payment restriction to the customer in his payment information in the online shop. The seller also reserves the right to carry out a credit check when selecting the purchase on account payment method and to reject this payment method if the credit check is negative.
7.5. Payment by SEPA direct debit: With the SEPA direct debit payment method, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information has expired. The direct debit is collected when the ordered goods leave the seller's warehouse or the service has been rendered, but not before the deadline for advance information has expired. Pre-information ("Pre-Notification") is any communication (e.g. invoice, policy, contract) from the seller to the customer that announces a debit using SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or because incorrect bank details have been provided, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this . The seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method if the credit check is negative.
7.6. Payment via Google Pay: For payment via Google Pay, it is necessary for the customer to have stored a payment medium in their Google Wallet. To pay using Google Pay, the customer selects Google Pay as the payment method. Before payment, the customer can check his order again. To trigger the payment, the customer must confirm the purchase. After successful payment, the customer receives a confirmation, otherwise he receives an error message.
7.7. Payment via Apple Pay: For payment via Apple Pay, it is necessary for the customer to have stored a payment medium in their Apple wallet. To pay using Apple Pay, the customer selects Apple Pay as the payment method. Before payment, the customer can check his order again. To trigger the payment, the customer must confirm the purchase. After successful payment, the customer receives a confirmation, otherwise he receives an error message.
8. Grant of Rights of Use
8.1. The copyright to all concepts, recipes, manufacturing processes, texts and other documents created by the seller or third parties commissioned by him is to be protected by the customer and may only be used by him within the agreed scope of the contract.
8.2. The seller is not obliged to hand over files, raw data or layouts to the customer. If the customer wishes the handover, this must be agreed and paid for separately. If the seller has made computer files available to the customer, these may only be modified with the prior consent of the seller.
9. WARRANTY AND LIABILITY
9.1. If the service is not provided in accordance with the contract or is defective through the fault of the seller and despite proper fulfillment of the customer's obligations to cooperate, the The seller is obliged to provide the service within a reasonable period of time without additional costs for the customer, insofar as the customer reports this to the customer within a period of two weeks from becoming aware of the defect seller in text form.
9.2. If the contractual provision of the service does not succeed in essential parts for reasons for which the seller is responsible, even within a reasonable grace period to be expressly set by the customer, the customer is entitled to terminate the contract without notice. In this case, the seller is entitled to remuneration for the services rendered on the basis of the contract up to the time of the termination of the contract.
9.3. Cases of liability for defects are to be settled directly with the seller. Negotiations with independent representatives who are not directly employed by the seller or commissioned to negotiate do not constitute negotiations within the meaning of Section 203 (1) BGB.
9.4. The seller's liability is excluded to the extent permitted by law. If the customer asserts claims for damages that are based on intent or gross negligence, including intent or gross negligence on the part of the seller's legal representatives or vicarious agents, liability occurs in accordance with the statutory provisions.
9.5. The seller is not liable for lack of economic success, loss of profit, lack of savings, indirect damage, damage caused by force majeure and claims by third parties, with the exception of claims from infringement of third-party property rights for which the seller is responsible.
9.6. Liability for culpable injury to life, limb or health remains unaffected; this also applies to mandatory liability under the Product Liability Act and other mandatory statutory provisions.
9.7. Under no circumstances is the seller liable for factual statements about the customer's products and services contained in the advertising measures. The seller is also not liable for the ability to protect or register the ideas, suggestions, proposals, concepts, drafts, etc. provided under the contract under patent, copyright and trademark law. The customer shall indemnify the seller from third-party claims in this respect.
10. Termination of Contract
10.1. The customer is entitled to terminate the contractual relationship with the seller at any time. The termination must be in writing.
10.2. The right to extraordinary termination of the contract without notice for good cause remains unaffected by the above provisions. An important reason exists in particular if
- the customer does not fulfill the obligations of this contract that are due for him;
- the customer changes the purpose of the contract without the prior consent of the seller;
- the customer has provided incorrect or incomplete information about himself or the purpose of the contract;
12. FINAL PROVISIONS
12.1. Additions or changes to this contract must be made in writing. This also applies to this written form clause.
12.2. Place of performance and place of jurisdiction is, as far as legally permissible, for services and all disputes arising between the parties, the registered office of the seller.
12.3. If one or more of the clauses of this contract are ineffective or should become so over time, the effectiveness of the rest of the contract remains unaffected. The statutory provisions shall take the place of the ineffective clauses. The legal regulations also apply in the event of a loophole.
12.4. The contracting parties will inform each other immediately about all circumstances that could be of importance for the execution of this contract.
12.5. The seller reserves the right to change these general terms and conditions if this appears necessary, e.g. due to a changed legal situation, and the contractual partner is not disadvantaged by this contrary to good faith. The seller will inform the customer in writing or in text form in the event of changes to these general terms and conditions. In this case, the customer can object to the change to the General Terms and Conditions within a reasonable period of time to be communicated. If the customer does not object to the change in the General Terms and Conditions or does not do so in good time, these will become part of the contract concluded with the customer after the appropriate period has expired.