General Business Terms
General Business Terms of the Mitteleuropäische
Brautechnische Analysekommission (MEBAK) e.V.
§ 1 General
(1) The present General Business Terms apply to all contracts on the sales and supply of technical books and other printed media as well as CD-ROMs in the brewery field (hereinafter referred to as “Merchandise”) between Mitteleuropäische Brautechnische Analysekommission (MEBAK) e.V., c/o TUM WZW Chemisch-Technische Analyse, Weihenstephaner Steig 23, 85354 Freising, as the Seller and its private and commercial customers.
(2) Any deviating provisions by the Customer will not apply unless the Seller confirms this in writing. Individual agreements between the Seller and the Customer will take precedence in every case.
(3) The business relations between the Seller and the Customer are subject to the laws of the Federal Republic of Germany. In the case of consumers this choice of laws will only apply to the extent the protection being conceded is not withdrawn through provisions of the law of the country in which the consumer has his habitual abode. Application of the UN Sales Convention is excluded.
(4) The place of jurisdiction is Freising, where a customer does not have a general place of jurisdiction in Germany or the place of residence or habitual abode is not known at the time the complaint is filed.
(5) The customer can retrieve, store and print out an overview of the order and of the present General Business Terms. In other respects, the text of the contract will not be stored by the Seller after conclusion of the contract and for this reason is not accessible. The language of the contract is German.
§ 2 Subject Matter of the Contract and Conclusion of the Contract
(1) The Seller makes international deliveries. The customer may order deliveries within the Federal Republic of Germany via the online-shop www.mebak.org. For deliveries in all other countries, the customer may send enquiries at the e-mail address (info@mebak.org).
(2) Upon purchase of the Merchandise via the online shop a purchase contract will be formed through acceptance of the customer’s order by the Seller. All data entered by the customer can be corrected using the regular keyboard and mouse functions prior to the official placement of the order. The Seller has the right to accept the offer made through the order within one week after sending an order confirmation. The receipt and acceptance of the order will be confirmed to the customer per e-mail. With this confirmation the Seller sends the customer the text of the contract, the General Business Terms and the Notice of Revocation.
(3) Where a customer takes advantage of the possibility of enquiring into an offer by e-mail to the Seller, the Seller will make the customer an offer per e-mail following the enquiry that includes the text of the contract, the present General Business Terms and the Notice of Revocation. A contract will not be formed before the customer has accepted this offer. In the case of deliveries within the EU the customer is to report the VAT tax ID number to the Seller upon acceptance
§ 3 Prices, Value Added Tax and Payment
(1) Value added tax at the statutory rate and shipping and packaging costs, which will be specified to the customer prior to placement of the order, will be due additionally on all prices.
(2) Within the Federal Republic of Germany the Merchandise will be delivered to the Customer with an invoice; in this case the full purchase price is due within 30 days after receipt of the invoice. For international orders advance payment is being agreed on; in this case, the purchase price is due within 30 days after conclusion of the contract. Where a customer is in arrears with his payment obligations the Seller may demand damage compensation in accordance with the statutory provisions.
(3) The Seller will issue the customer an invoice in every case upon delivery of the goods or otherwise send it to him in writing.
§ 4 Delivery and Passing of Risk, Return Costs in the Case of Revocation
(1) The goods ordered will be delivered to the address specified by the Customer unless otherwise agreed on in the contract. The Seller reserves the right to make a partial delivery where this is regarded as beneficial for a prompt settlement and the partial delivery is unexceptionally reasonable for the customer. Additional costs incurred by partial deliveries will not be charged to the customer.
(2) The availability of the individual goods is specified in the article descriptions. Merchandise in storage will be shipped by the Seller within 5 work days after conclusion of the contract or in the case of advance payment-after payment of the purchase price unless otherwise agreed.
(3) The risk of accidental loss or deterioration of the goods will pass to the customer upon handover of the merchandise. Where the customer is an entrepreneur the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay will already pass to the shipping agent, carrier or other person designated with the shipping upon sales dispatch.
§ 5 Copyrights
The goods offered and delivered by the Seller are protected by copyright. Unless expressly otherwise agreed the Seller is conceding the customer the non-exclusive right without geographical or time limits to use the work himself or in his company for his own purposes. The customer has the right to reproduce the work within the framework of contractually compliant use. Use going beyond this, in particular paid or unpaid provision to third parties, is prohibited unless the Seller gave his prior written consent.
§ 6 Retention of Title, Set-Off
(1) Until satisfaction of all claims from the contract the Merchandise will remain the property of the Seller; where the customer is a legal entity in public law, an estate in public law or an entrepreneur exercising his commercial or independent activity, it will remain so even beyond the current business relationship until compensation of all claims the Seller is entitled to in this context.
(2) The Customer will only have the right to set off where his counterclaims are recognized by the Seller or are res judicata. The customer is only authorized to exercise his right of retention where his counterclaim is based on the same contractual relationship.
§ 7 Liability
(1) The Seller will be liable for material and legal defects in accordance with the statutory provisions.
(2) The Seller’s liability outside of liability for material and legal defects is unrestricted where the cause of damage was willfulness or gross negligence. The Seller will also be liable for minor negligent breach of essential duties (duties whose breach jeopardizes the performance of a contractual purpose) as well as for the breach of cardinal duties (duties whose fulfillment makes the performance of the contract possible in the first place and on whose fulfillment the customer normally relies), but only for foreseeable, typical damage. The Seller will not be liable for the minor negligent breach of duties other than the aforementioned.
(3) The liability restrictions in the above paragraph do not apply in the case of injury to life, limb or health, to a defect after assumption of a guarantee for the features of the product and in the case of willfully concealed defects. Liability according to the Product Liability Act will remain unaffected.
(4) Where the Seller’s liability is excluded or restricted this will likewise apply to the personal liability of his employees, representatives and vicarious agents.
§ 8 Data Protection
(1) The customer is aware and consents to the storage of his personal data on a data carrier as required by the Seller. The customer expressly consents to the recording, storage and use of his personal data. The stored personal data will naturally be treated confidentially. The recording, processing and use of the customer’s personal data will be carried out subject to compliance with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).
(2) The customer has the right to revoke his consent at any time with effect for the future. The Seller will be obligated in this case to immediately delete the customer’s personal data. In the case of ongoing order processes, the data will be deleted after conclusion of the order process.
12.07.2011
Notice on the Right of Revocation in the Case of Distance Sales Contracts
Consumers have a right of revocation according to the following guideline; the consumer is any natural entity concluding a legal transaction for a purpose not attributable to his commercial or self-employed work:
(1) Right of revocation:
You may revoke your contract declaration within 14 days in textual form without specifying reasons (e.g. letter, fax, e-mail) or- if the item is provided to you before lapse of the deadline, by returning the item. The deadline will commence after receipt of this notice in textual form but not before receipt of the goods by the recipient (in the case of repeated delivery of similar goods, not before receipt of the first partial delivery), in the case of services, not before conclusion of the contract and not before fulfillment of our information duties as set out in Article 246 § 2 in conjunction with § 1 Sect. 1 and 2 EGBGB and our duties as set out in § 312e Sect. 1 Clause 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely sending of the notice of revocation or return of the good will be sufficient for compliance with the revocation deadline. The revocation is to be addressed to:
Mitteleuropäische Brautechnische Analysekommission (MEBAK) e.V.,
c/o TUM WZW Chem.-Techn. Analyse, Weihenstephaner Steig 23, D‑85354 Freising,
E-Mail: info@mebak.org, Fax: 08161/714418.
(2) Consequences of revocation:
In the case of effective revocation the services received by both parties must be returned and any benefits gained (such as interest) must be released. Where you are wholly or partially not able to return the good or only able to return it in poor condition you must compensate the value. In the case of items provided this will not apply where the deterioration of the item is due exclusively to its inspection, such as might have been carried out by you in the store. In other respects, you can avoid the duty to replace the value in the case of deterioration of the good during use in compliance with the contract by not using the items as your property and refraining from anything detrimental to its value. Items that can be sent in packaging are to be returned at our costs and risk. Items not capable of being dispatched in packaging will be collected from you. Payment obligations must be complied with within 30 days. The deadline will commence for you upon the sending of your notice of revocation or of the item and for us it will commence upon receipt thereof.
(3) Special Notices:
Unless another right is established, pursuant to §312d Sect. 4 Nr. 1 and 2 BGB the right to revocation does not apply to distance sales contracts for the delivery of goods not suitable for return due to their characteristics nor to distance sales contracts for the supply of software where the seal has been removed from the data carriers by the consumer.
[End of the revocation notice]