Terms of service

1. Contract

(1) ) These general terms and conditions apply to all orders placed at the online shop www.biermarionette.com. Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The general terms and conditions also apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of a customer's general terms and conditions that contradict our general terms and conditions is already objected to.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

2. Conclusion of contract

(1) The purchase contract is concluded with Biermarionette GmbH.

(2) Subject of the contract is the sale of goods.

(3) By placing the products in the online shop, we are not making a binding offer to conclude a contract for these items, but rather are presenting our goods on a non-binding basis. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The order you send to us is your binding offer to conclude the contract. The contract is concluded when we confirm your order by email. With this confirmation we declare our acceptance of your offer.

3. Right to cancel


You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods. In order to exercise your right of withdrawal, you must inform us (Biermarionette GmbH, Nürnberger Str. 32c, 90513 Zirndorf, info@biermarionette.com, telephone: +49 152 54177829) by means of a clear statement (e.g. a letter sent by post or e -Email) about your decision to revoke this contract. You can use the attached sample cancellation form, although this is not mandatory. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires. We expressly point out that the right of withdrawal according to Section 312 g, Paragraph 2, No. 1 BGB does not apply to goods that are not prefabricated and for whose production an individual selection or determination by the consumer (i.e. the buyer) is decisive or which are clearly tailored to the personal needs of the consumer (i.e. the buyer).

Consequences of withdrawal
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)

○ To Biermarionette GmbH, Nürnberger Str. 32c, 90513 Zirndorf, info@biermarionette.com
○ I hereby cancel /we (*) the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
○ Ordered on (*)/received on (*)
○ Name of Consumer(s)
○ Address of the consumer(s)
○ Signature of the consumer(s) (only for paper notification)
○ Date

(*) Delete what is not applicable.

4. Contract language, contract text storage

(1) The languages available for concluding the contract are German and English. We save the contract text and send you the order details by email. This order confirmation also contains another link to our terms and conditions. You can view the terms and conditions at any time here on this page.

(2) For security reasons, your past orders are no longer accessible via the Internet.

5. Delivery

(1)  The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

(2) If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

(3) If you are an entrepreneur, delivery and dispatch are at your risk.

6. Terms of payment

(1) The customer only has the following options for payment:

Payment in advance
If you choose the advance payment method, we will give you our bank details in a separate email and deliver the goods after receipt of payment.

Credit card
By submitting the order, you also transmit your credit card data to us at the same time.
After your legitimation as a legitimate cardholder, we will ask for your
Credit card companies to initiate the payment transaction and take
thereby your offer.

PayPal
During the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, identify yourself with your access data and confirm the payment instructions to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You'll get more information during the ordering process.

SOFORT Transfer
After placing the order, you will be redirected to the website of the online provider SOFORT Transfer. In order to be able to pay the invoice amount via SOFORT transfer, you must have an online banking account with a PIN/TAN procedure that has been activated for participation in SOFORT transfer, identify yourself accordingly and confirm the payment instruction to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately by SOFORT Transfer and your account will be debited.

SEPA direct debit
With the SEPA direct debit you can easily pay for your order by having Souleway automatically collect the invoice amount. When ordering, you can select SEPA direct debit from our payment methods. After selecting the payment method, you can simply enter your IBAN. By sending the shopping cart, you confirm your consent to the collection of the invoice amount.

Giropay
After placing the order, you will be redirected to the website of the online provider giropay. In order to be able to pay the invoice amount via giropay, you must have an online banking account with a PIN/TAN procedure that has been activated for participation in giropay, identify yourself accordingly and confirm the payment instruction to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately afterwards by giropay and your account will be debited.

(2) The shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free shipping has been guaranteed.

(3) If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees from credit institutions), which must be borne by you.

(4) You must bear any costs incurred in transferring money (transfer or exchange rate fees from credit institutions) in cases where the delivery is made to an EU member state but the payment was made outside the European Union.

(5) The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

(6) Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

7. Right of retention
Right of retention, retention of title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following also applies

a) We reserve ownership of the goods until all claims from the ongoing business relationship have been settled in full. Pledging or transfer of security is not permitted before ownership of the reserved goods is transferred.

b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that arise from the resale and we accept the assignment. You are still authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.


8. Transport damage

If goods are delivered with obvious transport damage, please report such errors to the delivery person as soon as possible and please contact us immediately. Failure to make a complaint or contact us has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or transport insurance company.

9. Warranty and guarantees

(1) The statutory liability rights for defects apply.

(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the freight forwarder as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.

(3) If a feature of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed of the same by us before the contract declaration was made and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following warranty provisions apply:

a) Only our own information and the manufacturer's product description are deemed to be agreed as to the quality of the goods, but not other advertising, public praise and statements made by the manufacturer.

b) In the event of defects, we will, at our discretion, provide warranty through repair or subsequent delivery. If the defect cannot be remedied, you can either request a reduction in price or withdraw from the contract. The remedy of the defect is deemed to have failed after an unsuccessful second attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of repair, we do not have to bear the increased costs that arise from moving the goods to a location other than the place of performance if the delivery does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:

• for culpably caused damages attributable to us resulting from injury to life, body or health and for other damages caused intentionally or through gross negligence;
• if we have fraudulently concealed the defect or given a guarantee for the quality of the item;
• for items that were used for a building in accordance with their normal use and caused its defects;
• in the event of legal recourse claims that you have against us in connection with defect rights.

10. Liability

(1) We always have unlimited liability for claims due to damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, body or health,
• in the event of intentional or grossly negligent breach of duty,
• in the case of guarantee promises, if expressly agreed,
  as far as the scope of application of the Product Liability Act is opened or
• insofar as liability is mandatory by another law.

(2) In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely, (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount Damage foreseeable at the time of conclusion of the contract is limited, which must typically be expected.

(3) Otherwise, claims for damages are excluded.

11. Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

12. Choice of law, place of performance, place of jurisdiction

(1)  German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the consumer's country of habitual residence is not withdrawn (principle of favourability).

(2)  The place of performance for all services from the existing business relationships with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or your place of residence or habitual residence is not known at the time the action is filed. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.

(3)  The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

13. Discount codes

Multiple discount codes cannot be combined for one purchase. Discount codes cannot be used for goods that have already been reduced.

If it is a consumer transaction, minor or other changes to our service or delivery obligations that are reasonable for the customer are deemed approved in advance. Manufacturer-related and conditional technical changes in the sense of technical progress remain reserved. Changes in shape, color and weight that do not impair the properties of the product are reserved within reason.

The customer agrees that the following personal data, namely (first name, last name, date of birth, address) will be processed for the purpose of future visits to the web shop.

16. Verwendung von Cookies

We would like to point out that, for the purpose of simplifying the purchasing process and for subsequent contract processing, the web shop operator stores the user's IP data as part of cookies, as well as the buyer's name, address and credit card number. Data will not be transmitted to third parties, with the exception of the credit card number being transmitted to the banking institution Hellobank for the purpose of debiting the purchase price. After completing the virtual shopping or canceling the shopping process, the data stored in the cookies will be deleted.

last update: 01.12.2023