Terms and Conditions for the Sale of Goods in the Jägermeister Shop
1. Scope of Application
The Jägermeister Shop is operated by Brand Pier GmbH with the approval of Mast-Jägermeister SE.
The following Terms and Conditions shall apply to all offers, orders, and deliveries of the products available in the Jägermeister Shop. Conditions which deviate from these provisions shall not be recognized unless we have provided explicit confirmation thereof in writing. By placing an order, you accept these Terms and Conditions. Deviations from these Terms and Conditions, be they supplementary arrangements or ancillary agreements, must be confirmed by us in writing in order to be valid.
2. Conclusion of a Contract
In the event of an order being placed, a contract shall be concluded between you and
Brand Pier GmbH
Astraturm, 7. OG
You will initiate a binding order upon pressing the “Confirm order” button within the dialog box. Until then, you can amend or delete any of the details and items in your shopping cart. We shall confirm receipt of your order by means of an automatically generated email. This email does not constitute a delivery or sales confirmation on the part of Brand Pier GmbH. A purchase contract shall only be concluded upon the order confirmation being sent by email or, at the latest, upon delivery of the items ordered. The order confirmation contains your order details, our Terms and Conditions, and information regarding your right of withdrawal.
3. Procurement Risk, Disapplication of Delivery Obligation, Delivery Times
We shall not assume any procurement risk, including in the case of the purchase of generic goods. We are only obliged to deliver items from our inventories and items ordered by us from our suppliers. Our delivery obligation shall not apply if we ourselves do not receive orders correctly or on time in spite of an orderly congruent hedging transaction and are not responsible for the lack of availability.
The delivery dates stipulated are never binding unless confirmed as such by us in writing.
4. Right of Withdrawal
If you are a consumer (i.e. pursuant to the legal definition given in Section 13 of the German Civil Code [BGB], a natural person who places an order for a purpose which cannot be primarily attributed to their commercial or self-employed professional activities), in accordance with the legal provisions you have a right of withdrawal.
Below, you will find information regarding the requirements for and the consequences of the legal right of withdrawal as a consumer.
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Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without stating your reasons for doing so.
The deadline for withdrawal is fourteen days starting on the day on which you or a third party appointed by you who is not the consignor takes possession of the items.
To exercise your right of withdrawal, you must contact us:
Brand Pier GmbH
Astraturm, 7. OG
Fax: +49 40 808114-199
with a clear declaration of your decision to withdraw from this contract (a letter sent through the mail, a fax, or an email). You may use the attached sample withdrawal form, but this is not mandatory. If you avail yourself of this option, we shall confirm our receipt of such a withdrawal without undue delay (e.g. by email).
To observe the deadline for withdrawal, you must simply send your declaration regarding the exercising of your right of withdrawal before the deadline for withdrawal has passed.
Consequences of Withdrawal
In the event that you withdraw from this contract, we are obliged to reimburse all the payments received from you, including delivery costs (but with the exception of additional costs incurred by you due to your having selected a form of delivery other than the cheapest standard delivery service provided by us), without undue delay and at the latest within fourteen days of receipt of your notification of withdrawal from this contract. We will use the same method of payment for these repayments as used by you for the original transaction unless explicitly agreed otherwise with you; under no circumstances will any charges be levied as a result of this reimbursement.
We may refuse to reimburse you until the goods have been returned to us or until you furnish us with evidence of having sent the items back to us, depending on which of these events occurs earlier.
You must send back or hand over the items to the following address without undue delay and at the latest within fourteen days of having notified us of your withdrawal from this contract:
Integralis Versenderservice GmbH
Mannheimer Str. 11
The deadline shall be deemed to have been observed if you sent the items off before expiry of the deadline of fourteen days.
We shall bear the costs of returning the items.
You shall only be obliged to pay for any depreciation in the value of the items if this depreciation is attributable to handling of the items deemed unnecessary in order to ascertain their condition, properties, and functionality.
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Disapplication/Premature Expiration of the Right of Withdrawal:
The right of withdrawal does not apply to contracts
▪ for the delivery of items which have not already been produced and whose manufacture requires the consumer to make a personal selection or decision or which are evidently tailored to the consumer’s personal requirements;
▪ for the delivery of items which can perish quickly or whose expiration date would soon pass;
▪ for the delivery of alcoholic beverages the price of which was determined upon the conclusion of a contract, but which cannot be delivered any earlier than 30 days after conclusion of said contract, such that their current value is subject to market fluctuations which the contractor is unable to influence;
▪ for the delivery of newspapers, periodicals, or magazines with the exception of subscription contracts.
The right of withdrawal shall expire prematurely in the case of contracts
▪ for the delivery of sealed goods which are not suitable for return for health care or hygiene reasons if the seal was removed following delivery;
▪ for the delivery of items inseparably commingled with other goods following delivery on the basis of their nature;
▪ for the delivery of sound or video recordings or computer software in sealed packaging if the seal was removed following delivery.
Sample Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and return it to us.)
— To Brand Pier GmbH, Astraturm, 7. OG, Zirkusweg 2, 20539 Hamburg, Germany, Fax: +49 40 808114-199,
— I/we (*) hereby withdraw from the contract concluded by me/us (*) regarding the purchase
of the following items (*)/the rendering of the following service (*).
— Ordered on (*)/received on (*)
— Name of consumer(s)
— Address of consumers(s)
— Signature of consumer(s) (only if notification given in writing)
(*) Please cross out as appropriate.
5. Warranty and Liability
We endeavor to provide product information which is as exact and as detailed as possible. Discrepancies between the product images and the products delivered are, however, possible. In particular when the product range is revised, changes in the appearance and features of the products may occur. These changes do not constitute a deficiency insofar as they are deemed reasonable for the customer.
We are liable for items delivered with material defects and defects of title in accordance with the legal provisions, in particular Section 434 ff. of the German Civil Code (BGB). The limitation period for statutory defect claims is two years commencing upon delivery of the items.
Claims asserted due to material defects and defects of title shall apply in addition to any seller warranties granted by us in relation to specific items. Details of the scope of such warranties can be found in the warranty conditions, which are supplied together with the items.
We assume unlimited liability insofar as the cause of the damages is a willful or grossly negligent violation of duties on our part or on the part of one of our legal representatives or vicarious agents.
We shall also be liable for the slightly negligent violation of cardinal duties. Cardinal duties are duties the violation of which jeopardizes achievement of the contractual purpose or without whose performance the orderly execution of the contract would not be possible and the performance of which you regularly rely on. In this instance, however, we shall only be liable for foreseeable damages and damages which are typical for the contract.
We shall not be liable for the slightly negligent violation of duties other than those stipulated in the above sentences.
The above liability limitations shall not apply to injury to life, body, or health, deficiencies regarding a product’s nature upon provision of a guarantee, and the fraudulent non-disclosure of defects. Liability pursuant to the German Product Liability Act (ProdHaftG) shall remain unaffected.
Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, representatives, and vicarious agents.
Deliveries shall be made by DHL or, if necessary, by another carrier contracted by us. All deliveries shall be made at the risk of Brand Pier GmbH. Items damaged during shipment are to be returned without undue delay and the damaged condition of the items upon delivery is to be documented.
7. Prices, Payments, Delivery
The prices at the time at which the order is placed shall apply. All prices are final prices including the applicable value-added tax. The delivery costs shall be listed separately per delivery. The dispatch costs can be found in our online shop. The price will also be clearly displayed within the ordering process before you submit your order. The dispatch costs are 5.95 euro for deliveries within Germany. The terms and conditions of delivery may be viewed anytime at www.jaegermeistershop.de.
Payment of the items ordered is to be effected in accordance with the payment instructions stipulated in the order. Deliveries shall be made exclusively to a delivery address stipulated by the purchaser.
Different delivery costs apply to shipments elsewhere in Europe, with the costs varying on the basis of groups of countries. The dispatch costs for deliveries to Belgium, Denmark, France, Luxembourg, the Netherlands, and the Czech Republic are 15.00 euro. The dispatch costs for deliveries to Finland, Italy, Austria, and Sweden are 18.00 euro. The dispatch costs for deliveries to Croatia, Poland, Slovakia, and Slovenia are 22.00 euro. The dispatch costs for deliveries to Bulgaria, Estonia, Latvia, Lithuania, Romania, and Hungary are 29.00 euro.
There are currently no deliveries to the following islands and countries: Malta, the Azores and Madeira, the Canary Islands, Ceuta, Melilla, the UK, Cyprus, and Switzerland.
We reserve the right not to deliver certain items abroad/to certain countries.
We offer the following methods of payment:
– via advance payment
– via credit card (Visa and MasterCard)
– via PayPal
– via SOFORT Überweisung fast transfer
The various payment options can be found and selected within the order form.
The purchase price is always due with immediate effect.
8. Retention of Title
The items shall remain the property of Brand Pier GmbH until such time as full payment has been received.
9. Applicable Law
All legal transactions are subject to the laws of the Federal Republic of Germany with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
10. Data Protection
11. Severability Clause
Should individual provisions of the Terms and Conditions above be or become void or legally invalid, this shall not infringe upon the validity of the remaining provisions. The void or unenforceable provision shall be replaced by a valid or enforceable provision the effects of which correspond as closely as possible to the economic objective pursued by the contracting parties with the void or unenforceable provision.