Terms of service

Section 1 Scope

For the use of our online shop of Mashsee Brauerei GmbH & Co. KG and all business relationships established with us through it, the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.

Deviating conditions of the customer are not recognized unless Mashsee Brauerei GmbH & Co. KG expressly agrees to their validity in writing.

Section 2 Your Contractual Partner

Mashsee Brauerei GmbH & Co. KG

Am Eisenwerk 17

30519 Hannover

Phone: +49 (0) 511 37022974

Fax: +49 (0) 511 56961270

E-Mail: info@mashsee.de

Section 3 Customer Registration

3.1 Registration for our trading system is free of charge.

3.2 There is no entitlement to admission to our trading system.

3.3 Only persons with unlimited legal capacity are eligible to participate. We are entitled to demand a copy of your identity card or an equivalent document to verify your identity.

3.4 To register, fill out the registration form available on our website electronically and send it to us. The data required for registration must be provided completely and truthfully. Upon registration, you choose a personal username and a password. The username must not violate the rights of third parties, other naming and trademark rights, or public decency. You are obliged to keep the password secret and not to disclose it to third parties under any circumstances.

3.5 Apart from the declaration of your agreement with the validity of these General Terms and Conditions, your registration is not associated with any obligations.

3.6 You can have your registration deleted at any time without giving reasons by sending an e-mail to shop@mashsee.de.

3.7 Registration alone does not constitute a purchase obligation regarding the goods offered by us.

3.8 Insofar as your personal details change, you are responsible for updating them yourself. All changes can be made online after logging in under "My Account".

Section 4 Conclusion of Contract

4.1 We sell our goods in the online shop exclusively to consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity. An entrepreneur, on the other hand, is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

4.2 The presentation of our goods does not constitute a binding offer on our part. Only the ordering of goods by you is a binding offer according to § 145 BGB (German Civil Code). Our range may vary depending on the season and supplier availability.

4.3.1 Goods are ordered by submitting the fully completed order form in the online ordering system. By clicking on the shopping cart icon button, items are placed in the shopping cart without obligation. All items placed in the shopping cart can be viewed directly on the respective page at the top right under the shopping cart icon tab. By clicking "Continue to shopping cart", you proceed to the ordering process and can view the details of the goods in the cart. Here, items can be deleted or quantities changed.

4.3.2 During the ordering process, customers who are already registered and have not yet logged in can log in with their access data. New customers will be asked to enter their order data individually and register or order as a guest. Changes to the billing or delivery address can also be made here.

4.3.3 The "Continue" button takes you to the shipping and payment options. Here, the shipping method and payment method can be selected, and shipping costs are displayed. After that, click "Continue" to reach the overview page "Send order".

4.3.4 Before the order is sent, all data (in particular billing and delivery address, product, price, quantity, payment method) of the planned order are displayed once more in an overview on the "Send order" page. Data can be corrected or changed there.

4.3.5 The order is sent via the "Buy now" button. This constitutes a binding offer by you as the customer to conclude a purchase contract.

4.4 After the order, you will receive an automatic confirmation of receipt by e-mail; however, this does not constitute acceptance of your offer, but only confirms receipt of your order. If we accept your offer, we will send you a separate order confirmation by e-mail. The purchase contract between you and us is only concluded upon sending the order confirmation. If we reject your offer, we will inform you immediately by e-mail within 24 hours of receipt of the order. We specifically reserve the right not to provide the service if the goods you ordered are not available. We will inform you about this immediately. Any counter-performance already rendered will be refunded by us immediately.

4.5 The contract language is German. Your contract data will be stored by us.

Section 5 Shipping and Prices

5.1 We deliver to the electronically transmitted delivery address.

5.2 We charge between EUR 2.90 and EUR 6.90 per order for shipping and packaging, depending on the order quantity. The amount of the shipping costs can be found in the shopping cart.

5.3 Delivery takes place within 4 business days after receipt of payment within Germany. We currently only ship within Germany. We are happy to accept inquiries from abroad by e-mail at shop@mashsee.de. For shipping outside of Germany, we calculate shipping fees based on the effort and volume of the delivery.

5.4 If it is foreseeable that the ordered goods cannot be shipped within the aforementioned time, we will inform you immediately by e-mail. If a product is not available after the conclusion of the contract because we are not supplied by the supplier through no fault of our own, or if force majeure or other reasons for non-delivery exist for which we are not responsible, we may also withdraw from the contract. In this case, we will inform you immediately and refund any counter-performance already rendered without delay. Agreed delivery periods shall be extended by the duration of the disruption. We will inform you immediately of the beginning and end of circumstances of force majeure within the meaning of this provision. The right of both contracting parties to withdraw in accordance with legal provisions remains unaffected.

5.5 The prices at the time of the order shall apply. All prices are in Euro and are gross prices, i.e., they include the statutory VAT and other price components and are plus packaging and shipping costs.

Section 6 Payment Terms

In the Mashsee Brauerei GmbH & Co. KG shop, you can pay via PayPal and VR-Pay (credit card). For the "Self-collection at Mashsee in Hannover" payment method, you can pay in cash directly upon collection.

Section 7 Retention of Title

The goods remain our property until full payment has been made. If you are in default of payment for more than 10 days, we have the right to withdraw from the contract and reclaimed the goods.

Section 8 Warranty

8.1 If there is a defect in the purchased item, the warranty shall be governed by statutory provisions. Deviating from this: For used goods, a limitation period of one year from delivery to the customer applies to consumers.

8.2 For consumers, the above limitations of liability and limitation periods do not relate to claims for damages and reimbursement of expenses that the customer can assert according to the statutory regulations due to defects in accordance with Section 9.

8.3 If goods are delivered with obvious damage to the packaging or content, you are requested to complain immediately to the carrier/freight service and to contact us via telephone or other means (email/mail) so that we can preserve any rights against the carrier/freight service. Failure to make a complaint or contact us has no effect on your statutory or contractual claims.

Section 9 Liability

9.1 We are liable without limitation for intent and gross negligence.

9.2 Furthermore, we are liable for the negligent breach of obligations whose fulfillment is essential for the proper execution of the contract, whose breach endangers the achievement of the purpose of the contract, and on whose compliance you as a customer regularly rely. In the latter case, however, we are only liable for the foreseeable, contract-typical damage. We are not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

9.3 The above exclusions of liability do not apply in the event of injury to life, body, and health. Liability under the Product Liability Act remains unaffected.

9.4 According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the constant and uninterrupted availability of our online trading system.

9.5 The above paragraphs also apply insofar as liability for our representatives, employees, workers, staff, and other vicarious agents is concerned.

Section 10 Mediation Procedures

10.1 Mashsee Brauerei GmbH & Co. KG is generally not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

10.2 The European Commission provides a platform for online dispute resolution, which you can find at https://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform for the resolution of their disputes.

Section 11 Other Provisions

11.1 You are only entitled to set-off against our claims if your counterclaims have been legally established, we have recognized them, or if your counterclaims are undisputed. As a buyer, you may exercise a right of retention if your counterclaim is based on the same purchase contract. This does not apply insofar as your statutory right of withdrawal or the claims against us arising from the exercise of the statutory right of withdrawal are affected by these restrictions.

11.2 The law of the Federal Republic of Germany shall apply exclusively, excluding the UN Sales Convention (CISG). Mandatory provisions of the state in which you have your habitual residence remain unaffected. In dealings with consumers within the European Union, the law at the residence of the consumer may also be applicable, provided that these are mandatory consumer law provisions.

11.3 If you do not have a general place of jurisdiction in Germany, or if you move your residence abroad after the conclusion of the contract, or if your residence is unknown at the time the action is brought, the place of jurisdiction for all disputes shall be the registered office of our company in Hanover.