General Terms and Conditions of BENIGA GmbH

§1 Validity vis-à-vis entrepreneurs and definitions of terms

(1) The following General Terms and Conditions of Business shall apply to all deliveries between us and a consumer in the version valid at the time of the order. A consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).

§2 Conclusion of a contract, storage of the contract text

(1) The following regulations on the conclusion of the contract apply to orders placed via our Internet store https://augustiner-dresden.com/.

(2) In the event of conclusion of the contract, the contract shall be concluded with

BENIGA GmbH
Mary Berger
An der Frauenkirche 16-17
D-01067 Dresden
Registration number HRB-Nr. 30816
Register court AG Dresden
concluded.

(3) The presentation of the goods in our Internet store does not constitute a legally binding offer of contract on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer makes a binding offer to conclude a purchase contract.

The acceptance of the offer is made in writing or in text form or by sending the ordered goods within one week. After the fruitless expiry of this period, the offer shall be deemed to have been rejected.

(4) Upon receipt of an order in our Internet store, the following provisions shall apply: The consumer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our Internet store.

The order is placed in the following steps:
1) Selection of the desired goods
2) Entering the desired quantity
3) Checking the total amount
4) Print the order form
5) Checking again or correcting the respective entered data.
6) Binding sending of the order by sending by mail or fax

Before the binding sending of the order, the consumer can, by pressing the “back” button contained in the Internet browser used by him, after checking his data, return to the Internet page on which the customer’s data are recorded and correct input errors or cancel the ordering process by closing the Internet browser. We confirm the receipt of the order immediately by an automatically generated e-mail (confirmation of receipt). This does not constitute acceptance of the offer. The acceptance of the offer is made in writing, in text form or by sending the ordered goods within one week.

(5) Storage of the contract text for orders via our Internet store : We will send you the order data and our terms and conditions by e-mail. You can also view the terms and conditions at any time at https://augustiner-dresden.com/. For security reasons, your order data is no longer accessible via the Internet.

§3 Prices, shipping costs, payment, due date

(1) The stated prices include the statutory sales tax and other price components. In addition, there are any shipping costs.

(2) The consumer has the option of payment in advance, credit card (Visa, Mastercard, American Express) and bank transfer.

(3) If the consumer has chosen payment in advance, he undertakes to pay the purchase price immediately after conclusion of the contract.

§4 Delivery

(1) Unless we have clearly stated otherwise in the product description, all items offered by us are ready for immediate shipment. In this case, delivery will be made within 5 working days at the latest. In the case of payment in advance, the delivery period begins on the day after the payment order to the bank responsible for the transfer and for all other payment methods on the day after the conclusion of the contract. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next working day.

(2) The risk of accidental loss and accidental deterioration of the sold item shall not pass to the Buyer until the item has been handed over to the Buyer, even in the case of a sale by delivery to a place other than the place of performance.

§5 Retention of title

We retain title to the goods until the purchase price has been paid in full.

§6 Right of withdrawal of the customer as a consumer:

Consumers are entitled to a right of revocation in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity:

Cancellation policy

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

To exercise your right of revocation, you must send us
BENIGA GmbH
Mary Berger
An der Frauenkirche 16-17
D-01067 Dresden
E-Mail post@augustiner-dresden.com
Telefax 035149776659
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample cancellation form for this purpose, which is, however, not mandatory.

Consequences of revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods.

End of the cancellation policy

§7 Cancellation form

Sample cancellation form (If you want to revoke the contract, please fill out this form and send it back).
To :
BENIGA GmbH
Mary Berger
An der Frauenkirche 16-17
D-01067 Dresden
E-Mail post@augustiner-dresden.com

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)

_____________________________________________________
Ordered on (*)/received on (*)

__________________
Name of the consumer(s)

_____________________________________________________
Address of consumer(s)

_____________________________________________________
Signature of the consumer(s) (only in case of paper communication)

__________________
Date

__________________
(*) Delete where inapplicable.

§8 Warranty

The legal warranty regulations apply.

§9 Contract language

The contract language is exclusively German.

§10 Customer service

Our customer service for questions, complaints and objections is available on weekdays from 8:30 am to 5:00 pm under
Telephone: 49(0)351 49776650
Fax: 49(0)351 49776659
E-Mail: post@augustiner-dresden.com
at your disposal.

§11 Provision under the Youth Protection Act

Children and adolescents under the age of 16 are generally not allowed to be in restaurants. They are only permitted to do so if they are accompanied by their parents or a person responsible for their upbringing, or if they are there between 5 a.m. and 11 p.m. to have a drink or a meal.

Adolescents from the age of 16 are allowed to stay in restaurants, but only between 5 a.m. and midnight. After midnight, adolescents are allowed to stay only if accompanied by their parents or a person responsible for their upbringing.
The above-mentioned prohibitions on staying do not apply if children or young people are taking part in an event organized by a recognized youth welfare organization (e.g. a recognized youth association) or if they are traveling.
Adolescents from the age of sixteen may be allowed to stay in pubs and restaurants from 5 a.m. to midnight without the accompaniment of a person authorized to have parental authority or a person responsible for their upbringing.

A stay in a restaurant is always permitted if children or adolescents participate in an event of a recognized youth welfare organization (e.g. public party of a youth association) or are traveling.

Alcohol may not be sold in public to children under 16 years of age. The consumption of alcohol in public is also prohibited for children and adolescents under the age of 16. The only exception is beer, wine, sparkling wine and the like. (without spirits or beverages containing spirits, see below) may be distributed to 14 to 15 year olds and they may be allowed to consume them if they are accompanied by their parents. Drinks and food containing spirits may not be given to children and adolescents at all. They are also not allowed to consume them. This also applies to mixed drinks containing spirits – even if the alcohol content is no higher than that of beer and wine (exception: below 0.5 percent by volume).

Status of the AGB Aug. 2014

Free AGB created by agb.de