General Terms and Conditions

For purchase contracts concluded via the online shop on https://alt.bestmalz.de

between

Palatia Malz GmbH
Kurfürsten-Anlage 52
D-69115 Heidelberg
Germany
Phone: +49 (6221) 6466-23
Fax: +49 (6221) 6466-99
Email:

– hereinafter referred to as “the Provider” –

and

the customer named in §2 of these terms – hereinafter referred to as “the Customer”.

§ 1 Scope

The business relationship between the Provider and the Customer is subject exclusively to the following General Terms and Conditions as applicable at the time the order was placed. Any deviating conditions applied by the purchaser shall not be recognised, unless the Provider expressly agrees to their validity in writing.

§ 2 Conclusion of contract

(1) The Customer can select products from the Provider’s online catalogue and add these to a shopping cart via the “Add to cart” button. Using the “Submit order” button, the Customer submits a binding order for the items in the shopping basket. Immediately before submitting the order, the Customer can see and modify the data.

(2) After the order is placed, the Provider will send the Customer an automatic confirmation by email, which will contain a summary of the order and which the Customer can print using the “Print” function. The Customer’s order is a binding request from the Customer to the Provider to buy the products in the shopping cart. This confirmation represent contractual acceptance of the offer by the Provider. It contains a summary of the order. Together with this email or in a separate email, at the latest with the shipping of the items, the Customer will receive contract text (consisting of the order, the terms and conditions and the confirmation) in a permanent form (email or printout on paper). The contract text will be stored in accordance with data security provisions.

(3) Before bindingly submitting the order using the Provider’s online order form, the customer may discover possible errors in  the order or the information provided by carefully reading the information portrayed on the screen. An effective way to better find such errors is using the browser’s zoom function which increases the size of the information displayed. The Customer can revise the information entered using common keyboard and mouse functions until he or she presses the button to complete the order.

(4) The contract can be concluded either in German or in English.

(5) The ordering process and communication take place primarily by automated email correspondence. The Customer must ensure that the email address provided so that emails sent to this address by the Provider will be receives by the Customer. The Customer must especially ensure that the use of so-called spam filters not hinder the delivery of emails either by the Provider or other third parties entrusted with processing the order. This may require that the Customer actively whitelist the email „“ in the said filters.

§ 3 Revocation right

(1) Under certain conditions, the Customer has the right to revoke the sales contract.

(2) Details regarding the revocation right are specified in the Terms of revocation.

§ 4 Delivery, stock availability, payment methods

(1) Delivery times are calculated from the the moment of order confirmation, on the condition that the order sum has been paid in full.

(2) Should the ordered product be unavailable, the Provider will inform the Customer without delay. In the case of a deliver delay of more than two weeks, the Customer has the right to revoke the contract. In such a case, the Provider also has the right to retract from the contract. In both cases, the Provider will reimburse all payments made by the Customer without delay.

(3) The Customer may pay either by direct bank payment or PayPal.

(4) Payment of the purchase price is due immediately upon conclusion of the contract.

§ 5 Reservation of proprietary rights

Until full payment, the delivered goods remain the property of the Provider.

§ 6 Prices and terms of payment

(1) Unless otherwise written, all prices indicated on the Provider’s website include value added tax.

(2) The costs for the delivery of the products are listed in the order form and will be borne by the Customer, unless the Customer makes use of the revocation right.

(3) Goods shipped outside the European Union may incur further costs, over which the Provider has no influence and which must be borne by the Customer. Examples of such costs are money transfer fees (e.g. bank transfer fees, currency exchange fees) or import costs and taxes (e.g. duty). Such costs can also incur when shipping within the European Union, but the payment is made from outside the EU.

(4) When paying by Direct bank transfer, the purchase price is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

(5) When paying by one of the methods offered by PayPal, payment is processed by the company PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (henceforth: „PayPal“), according to the PayPal User agreement, which can be found here (https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full) or (if the Customer has no PayPal account) then in accordance with the conditions specified for payments made without a PayPal account, which can be found here (https://www.paypal.com/de/webapps/mpp/ua/privacywax-full?locale.x=en_DE).

(6) In case the purchase contract has been revoked, the Customer must bear the immediate costs of returning the goods.

§ 7 Delivery and shipping terms

(1) If nothing else is agreed upon, the products are delivered to a postal address specified by the customer. When processing the order, the delivery address entered by the customer while ordering is authoritative.

(2) Should the shipping provider return the package to the Provider on the basis that it could not be delivered to the Customer, then the Customer will bear the costs for the unsuccessful shipment. This is not the case if the Customer makes effective use of the revocation right or if the reason why the package could not be delivered was beyond the Customer’s control or of the Customer was temporarily unable to receive the package, unless the Provider had given the Customer ample notice of the delivery.

(3) For logistical reasons it is not possible to personally pick up an order.

§ 8 Material defect warranty

(1) The Provider shall be liable for material defects or defects in title in accordance with the applicable statutory provisions, particularly §§ 434 ff. BGB (Bürgerliches Gesetzbuch — German Civil Code). The period of limitation for statutory defect claims is 12 months for legal persons.

(2) The Customer should make claims due to or regarding damaged packaging to the shipping provider and inform the Provider of such claims.

§ 9 Liability

(1) Customer claims for compensation are excluded. Exceptions to this rule are Customer claims for compensation resulting from loss of life, bodily harm, damage to health, or violation of essential contractual obligations as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the Provider, its legal representatives or its vicarious agents. Essential contractual obligations are those, which must be met in order for the Contract to be properly fulfilled.

(2) In the event of violation of essential contractual obligations, the Provider is liable only for foreseeable damage typical to this Contract, where the damage was caused solely by negligence, unless the Customer is claiming for compensation resulting from loss of life, bodily harm or damage to health.

(3) The restrictions from paragraphs 1 and 2 shall also apply to the legal representatives and vicarious agents of the Provider, if claims are made directly against them.

(4) The provisions of the ProdHaftG (Produkthaftungsgesetzes — Product Liability Act) are unaffected.

§ 10 Data processing provisions

(1) The provider collects personal data for the purpose of processing contracts made with the Customer. In doing so, the Provider will comply with the provisions of the German Federal Law on Data Protection (Bundesdatenschutzgesetz) and the German Telemedia Act (Telemediengesetz). Without the Customer’s consent the Provider will only collect, record and process such Customer data, which is necessary for processing the contract and

Der Anbieter erhebt im Rahmen der Abwicklung von Verträgen Daten des Kunden. Er beachtet dabei insbesondere die Vorschriften des Bundesdatenschutzgesetzes und des Telemediengesetzes. Ohne Einwilligung des Kunden wird der Anbieter Bestands- und Nutzungsdaten des Kunden nur erheben, verarbeiten oder nutzen, soweit dies für die Abwicklung des Vertragsverhältnisses und für die Inanspruchnahme und Abrechnung von Telemedien erforderlich ist.

(2) Without the consent of the Customer, the Provider will not use any Customer data for the advertising or market and opinion research purposes.

§ 11 Final provisions

(1) Contracts between the Provider and the Customer are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) If the Customer is a commercial or legal person or a public body, then the exclusive place of jurisdiction is the site of the Provider’s registered offices.

(3) In the event of single sections of the contract not being legally effective, the residual sections of the contract shall remain binding. The ineffective provisions will then, to the extent this is possible, be replaced by existing legislation. This will not apply, if continued adherence to the contract would constitute unreasonable hardship for one of the parties to the contract.

Version: 21.08.2020