(1) These terms and conditions of the private brewery Polsterbräu (hereinafter referred to as POLSTERBRÄU), apply to all contracts that concludes a consumer or entrepreneur (hereinafter "customer") with POLSTERBRÄU regarding the goods and / or services presented by POLSTERBRÄU in its online shop. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
(2) A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor their independent professional activity. For the purposes of these General Terms and Conditions, an entrepreneur is any natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the course of its independent professional or commercial activity.
(1) Our range of alcoholic beverages is exclusively aimed at persons who are of legal age. POLSTERBRÄU demands from all customers the date of birth. By accepting our terms and conditions prior to each order, customers confirm their legal age when ordering alcoholic beverages and assure that you are over 18 years old. Furthermore, when ordering alcoholic beverages, customers assure that their details regarding their age, name and address are correct.
(2) Furthermore, the customer is obliged to ensure that only he or one of the persons authorized by him to accept the delivery accepts the delivery of alcoholic beverages.(3) POLSTERBRÄU reserves the right to initiate criminal proceedings as soon as he learns of an order which was triggered by false information on age.
(1) Our offers are non-committal and non-binding. Contracts are only concluded with our written declaration of acceptance (order confirmation).
(2) These prices do not include packaging and postage.
(3) We charge a shipping fee of 8,05 € for packaging and postage per packaging unit when shipping with DPD within Germany.
(4) For self-pickup in Nufringen there will be no packing fee, at the pick-up in Katowice and Sagan (Poland) a transport fee of 5,00 € per parcel will be charged.
(5) Prices for shipping abroad are staggered and can be read at each order and the service provider (DPD or Hermes) is prescribed according to the weight and size of the package.
(6) Details of delivery prices can be found on a separate page of this platform: Delivery Costs
(1) All prices include deposit. The deposit value usually equals 0.08 EUR per bottle. You can hand over the empty bottles to one of our warehouses and we will refund the deposit to you in cash.
(2) Most of the items on offer are returnable bottles, which you can deliver to your local beverage retailer throughout Germany. You will be refunded € 0.08 for a Euro bottle. However, we ask that you hand over or store the bottles in one of our warehouses so that they can be picked up at your place. In this case, you will be refunded 0.10 euros per bottle.
(1) As our beer is usually bottled fresh and unfiltered, our bottles and barrels have a shelf life of 4-6 months. Always store your beer in cool and dark rooms (such as cellars).
(2) We will gladly give you more details on the best before date for a specific beer.
(1) The payment is possible in advance by bank transfer. We also offer payment by PayPal, credit card (VISA and Mastercard), Bitcoin and Klarna.de (Sofortbanking).
(2) If you pay in advance, please direct the transfer by stating the order number to the bank details listed in the order confirmation.
(3) The goods remain our property until full payment.
(1) For deliveries within Germany the delivery time is approx. 3-4 days, to other European countries approx. 5-10 days. For the payment method prepayment, immediate transfer or direct debit we will ship the goods as soon as the full invoice amount has been received in full.
(2) The delivery with our shipping partner DPD takes place from Monday to Saturday. As soon as the package has been handed over to the shipping partner, you will receive an e-mail. It contains a tracking number that allows you to track the delivery status of your order at any time.
(3) In order to avoid transport damage, we only use shipping boxes for the shipment of glass bottles. If the consignment still shows damage on delivery, please inform us immediately. The statutory liability for defects applies.
Consumers are entitled to a right of withdrawal according to the following conditions, whereby the consumer is any natural person who concludes a legal transaction for a purpose which can be attributed neither to their commercial nor to their independent professional activity:
Right of Cancellation
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of revocation, you must inform us (POLSTERBRÄU - owner Janus Nowak, Fichtenstr 32, 71154 Nufringen, Germany, fax +49 7032/895843, tel +49 7032/895842) by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to cancel from this contract. We will promptly (for example by e-mail) send you a confirmation of receipt of such withdrawal. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the standard delivery offered by us) have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; In no case will you be charged for this repayment fees.
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 the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
Exclusion of the right of cancellation
The right of withdrawal does not exist with contracts
- for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or provision by the consumer is authoritative or which are clearly tailored to the personal needs of the consumer,
- for the delivery of goods which can spoil quickly or whose expiry date would be quickly exceeded,
- for the delivery of sealed goods, which are not suitable for return for reasons of health or hygiene, if their seal has been removed after delivery,
- for the supply of goods, if, due to their nature, they were inseparably mixed with other goods after delivery,
- for the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, but which can not be delivered until 30 days after the conclusion of the contract and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence,
- for the delivery of sound or video recordings or computer software in a sealed package, when the seal has been removed after delivery
- for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.
End of revocation
(1) Our liability for damages is excluded unless we have gross negligence or willful intent.
(2) Moreover, in case of breach of main obligations in the event of slight negligence, there shall be no liability for damages for unforeseeable damage typical for the contract.
(3) In the case of secondary liability, our liability is excluded even in the case of negligence.
(4) The liability for bodily injury is always excluded from the liability exemption.
(5) The above also applies to the actions of vicarious agents.
(1) For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
(2) If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is located outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the seller is in any case entitled to call the court at the customer's place of business.
(3) The contract language is German.