General Terms and Conditions

			In addition to our ordering information, our general terms and conditions apply.
	I. Preamble		The contractual partner is exclusively Privatbrauerei Erdinger Weißbräu Werner Brombach GmbH as the producer and supplier (hereafter “Brewery”).
II. Delivery / Prices		1.	Products are delivered on the delivery days specified by the Brewery according to the tour schedule and in accordance with the delivery deadlines agreed with the customer. In the event that no deadlines were set, a delivery period of three weeks is taken as agreed.
2.			The Brewery itself does not deliver outside Bavaria or abroad. In such cases, the buyers must collect the goods themselves, or via third parties, from the Brewery’s loading area in Erding. If the buyer commissions a third party to collect the goods, he shall advise the Brewery of the name and address of the collecting party in advance. The Brewery has the right to refuse collection by certain third parties. The price risk passes to the buyer of the product once the goods have been selected and the buyer informed. The Brewery itself only delivers goods on the basis of separate agreements.
3.			Deliveries and the provision of goods to directly receiving catering establishments are supplied carriage paid in accordance with the catering price list valid at the time of ordering. In the case of self-collection, the Brewery’s most recently announced and generally binding ex works prices apply. In the case of deliveries made by the Brewery, the aforementioned ex works rates apply plus carriage rates according to the Brewery’s currently valid schedule.
III. Payment		1.	Payment of the goods is generally due immediately after receipt of the invoice, without any deductions. Deductions are only allowed for legally determined, ready to be decided or undisputed counterclaims. Bills of exchange are not generally accepted for domestic orders. The purchaser declares his consent to a standing direct debit arrangement. In the case of default, further deliveries can be made dependent on the payment of outstanding amounts and interest is charged at a rate of 3% above the prevailing discount rate of the German Federal Bank (“Deutsche Bundesbank”). The assertion of higher or lower damages for default remains unaffected.
2.			The delivered or collected goods remain the property of the Brewery until all current claims from the business relationship with the Brewery have been settled. The buyer is authorized to sell the goods in the course of ordinary business operations and assigns the receivables due from resale to the Brewery in the amount of its outstanding payment claims. The Brewery accepts this assignment. The buyer is nevertheless entitled to collect the assigned receivables as long as the Brewery does not exercise its rights from the assignment.
IV. Warranty		1.	The buyer must store the delivered or collected goods at temperatures of between 8°C and 12°C. Whether the goods are collected personally or by a carrier, the buyer must take appropriate measures to ensure that the goods are protected from exposure to light, dust, cold, heat and humidity. Warranty and damage claims are excluded if defects or damage were caused by transport or storage conditions on the part of the buyer which do not meet these requirements.
2.			Complaints regarding quality, quantity and prices are to be made in writing on receipt of the goods, or no later than within 14 days of receipt. In the case of delayed reporting, the buyer loses the right to replacement or credit note.
3.			In the case of quality complaints, the buyer must provide the Brewery with a maximum of one to two cases of beer for sampling. The Brewery shall examine the beer in its laboratory. Should the complaint be justified, the entire quantity of the defective goods is to be returned to the Brewery. The buyer is then entitled to a corresponding replacement delivery. In the event that the replacement goods are defective, the buyer has the right to cancellation or reduction. If complaints are unfounded, the Brewery shall not accept any costs incurred by the buyer’s complaint and shall not pay any other damages.
4.			In the case of minor negligence, the Brewery is not liable for indirect damages, consequential damages or lost profits, unless significant contractual provisions have been infringed or the Brewery can be reasonably expected to have anticipated such damages according to the circumstances known to the Brewery. Liability under the Product Liability Act, as far as it relates to contractors, remains unaffected.
5.			Acts of God (such as water scarcity, as well as strikes, accidents, sabotage) entitle the Brewery to delay performance of its obligations for the duration of the impediment plus a reasonable start-up time or to stock up for the duration of this time with products from other production companies and to supply the customer/buyer with these products.
V. Empties and deposit		1.	All the plastic crates, kegs and pallets with the Erdinger Weißbräu logo remain the unsalable property of the Brewery. Plastic crates, kegs, pallets and bottles are yielded to the buyer only for the intended use. Also in the case of cash deposits, the buyer does not acquire any ownership of the goods.
2.			As security for the empties and transport goods provided on delivery of the full bottles, the Brewery charges its currently valid deposit amounts plus statutory VAT together with the claim for goods. A special account is kept about the deposit paid by the buyer and the quantities of empties and transport goods supplied. Claims against the Brewery for a refund of the deposit can only be assigned with the consent of the Brewery.
3.			The buyer is obliged to take all due care to protect the empties (plastic crates, bottles, kegs, pallets) and to protect itself against loss of empties by keeping empties accounts for its clients and clear delivery conditions – in particular by charging sufficient and consistent deposits.
4.			Any use contrary to the intended use of the empties, in particular its pledging, and any improper use such as for filling by the buyer, is not permissible and entitles the Brewery to claim damages.
5.			All empties are to be returned to the Brewery without delay, or at the latest within 10 weeks after delivery – in the case of a termination of business relations, immediately. If the buyer accepted the goods at the loading bay in Erding, the empties are to be returned to the loading bay in Erding. Shortfalls with regard to the plastic crates, bottles, pallets and kegs are to be replaced in the amount of the respective replacement price following the fruitless expiry of a return or provision date set by the Brewery. In the case of bottles, a deduction is made new for old. This deduction is generally 10% of the replacement price. The buyer is free to prove the legitimacy of a higher deduction amount.
6.			Empties with the Erdinger Weißbräu logo are taken back by the Brewery against reimbursement of the deposit plus VAT even if the quantity of empties exceeds the amount of full goods supplied to the customer. This additional acceptance against reimbursement of the deposit is limited however to up to 10% of the full goods supplied to the customer in the last 12 months compared to his balanced empties balance.
7.			No deposit credit note or volume credit note shall be issued for the return of differently labeled or colored plastic crates outside the Brewery’s product range. Bottles must be returned in the same kind and quality. The Brewery is only obliged to take back crates with the bottles intended for purpose (sorted empties). Acceptance of non-returnable bottles and single bottles is excluded.
8.			If empties (plastic crates, bottles, kegs) are returned on pallets, the Brewery shall examine immediately the quantities stated on the delivery notes/invoices. If it turns out that bottles, plastic crates or kegs are missing, or that differently labeled or colored kegs, plastic crates or bottles were returned which are not of the same kind and quality pursuant to the preceding section 7, the Brewery is entitled to alter the empties confirmation note signed on acceptance. The buyer will be informed immediately in writing of this alteration. At the same time, he will be requested to pick up the differently labeled empties (plastic crates, pallets, kegs) from the Brewery in Erding. If the buyer does not heed this request within a period of 14 days after receipt of the notification, he shall bear the risk of damage or destruction of the empties.
9.			Should the Brewery issue the buyer with an empties account statement, it shall be considered approved if the buyer does not object in writing within 14 days.
	VI. Use of Erdinger Weißbräu labels		The buyer may use the trademarks and other distinctive labels of the Brewery only for, or in connection with, the beer of the Brewery. The use of trademarks/labels of the Brewery in advertising is permitted only with the express consent of the Brewery.
	VII. Termination of contractual relations		The Brewery is entitled to terminate the contractual relationship with the customer, or to stop supplies, in the case of major violations by the buyer against legal regulations which affect the interests of the Brewery, especially in the case of severe violations against competition and antitrust laws.
VIII. Place of jurisdiction, fulfillment		1.	The place of jurisdiction for general merchants is Erding. Erding is also the place of jurisdiction in those cases in which the buyer establishes his domicile or habitual residence outside the scope of the laws of the Federal Republic of Germany or his domicile or habitual residence is not known at the time of judicial enforcement of contractual or other claims. The place of fulfillment is Erding.
2.			German law, especially German commercial law, applies. CISG does not apply. The jurisdiction and applicable law clause refers to all cases of service disruptions, including enrichment claims.
3.			The ineffectiveness of individual provisions shall not affect the validity of the remaining conditions.
	IX. Data protection		The buyer is aware that the Brewery stores his data and automatically processes them. The order, personal data and payment processing details are protected by technical security systems and additional authorization procedures. This applies during the transfer of data as well as during storage on our servers. Our data protection regulations are in accordance with the German Federal Data Protection Act (Bundesdatenschutzgesetz - BDSG) and the German Telemedia Act (Telemediengesetz - TMG.)
	X. Delivery by third parties		The Brewery has the right to supply the buyer also via legal successors, merger successors and/or other authorized third parties.
	XI. Vouchers		Gift vouchers can only be redeemed for orders via www.erdinger-fanshop.de or directly in the Erdinger Fan Shop in Erding and can not be used for collect on delivery (COD). Only 1 coupon is redeemable per order. Exchange and/or cash payment are not possible. Mixed orders from gift vouchers and other articles are not possible. You have the choice between a voucher card (sent by mail) or a voucher e-mail (sent via e-mail with PDF attachment). A simultaneous ordering of several voucher cards is possible. However, these can only be sent to one delivery address. Unfortunately, only one e-mail address can be considered for the mailing of several voucher e-mails.