Please note that we are a German company and therefore only our German legal texts are binding. The English texts are for information purposes only for our international customers.

General Terms and Conditions of Business with Customer Information

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Table of contents

1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping terms
6. Registration of rights of use for digital content
7. Term and termination of subscription contracts
8. Retention of title
9. Liability for defects (warranty)
10. Liability
11. Special conditions for the processing of goods according to certain specifications of the customer
12. Cancellation of promotional vouchers
13. Relief of gift vouchers
14. Applicable law
15. Jurisdiction
16. Code of Conduct
17. Alternative dispute resolution

1) Scope

1. 1 These General Terms and Conditions of Business (hereinafter referred to as "AGB") of BraveBrew GmbH (hereinafter referred to as "Seller"), shall apply to all contracts for the delivery of goods which a customer has concluded with BraveBrew GmbH; for the delivery of goods, which a consumer or entrepreneur (hereinafter referred to as the "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 For contracts for the delivery of vouchers, these GTC shall apply accordingly, unless otherwise agreed.

1.3 For contracts for the provision of digital content, these GTC apply accordingly, unless otherwise agreed. Digital content within the meaning of these GTC is data that is created and made available in digital form.

1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.5 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

1.6 The subject of the contract can – depending on the product description of the seller - be both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a permanent delivery (hereinafter „Subscription Contract“). In the case of a subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract term at the contractually owed time intervals.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding offer to enter into a contract with respect to the goods contained in the shopping basket by clicking the button that concludes the ordering process.

2.3. The seller may accept the customer's offer within five days

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.

2.4 If a payment method offered by PayPal is selected, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: „PayPal“), subject to the PayPal Terms of Use, available at https://www.paypal. com/en/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/en/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and communicated to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the Seller's online shop before submitting his order, the order data will be archived on the Seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.

2.6 Prior to the binding submission of the order üvia the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's enlargement function, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button which completes the ordering process.

2.7 For the conclusion of the contract, the German and English languages are available.

2.8 Order processing and contacting usually take place by e-mail and automated order processing. The customer shall ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

2.9 When ordering alcoholic beverages, the customer confirms by sending the order that he has reached the minimum age required by law. The Seller shall use an age verification system to ensure that the Customer has reached the legally required minimum age. The goods will therefore only be handed over if the customer's age has been successfully verified and authenticated beforehand.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal

3.2 Further information on the right of withdrawal can be found in the seller's instructions on the right of withdrawal.

3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to a Member State of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transmission of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to money transmission if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.3 The payment method(s) will be communicated to the customer in the seller's online shop.

4.4 If payment in advance by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the payment service „Stripe“ is selected, the payment will be processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe will be communicated to the customer in the seller's online shop. Stripe may use other payment services for the processing of payments, for which special payment conditions may apply, to which the customer may be informed separately. Further information on Stripe is available on the Internet at https://stripe.com/en.

4.6 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: „Stripe“). Stripe reserves the right to carry out a credit check and to refuse this payment method in the event of negative creditworthiness.

5) Delivery and shipping terms

5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive in the processing of the transaction.

5.2 In the case of subscription contracts, the customer must notify the seller of any changes to the delivery address without delay.

5.3 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply with regard to the costs for the return if the customer effectively exercises his right of withdrawal. In the event that the customer effectively exercises the right of withdrawal, the provision made in the seller's instructions on withdrawal shall apply to the costs of returning the goods.

5.4 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the carrier, the freight forwarder or the person or institution otherwise designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle not pass until the goods are handed over to the customer or a person authorised to receive them. In deviation from this, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer, even in the case of consumers, as soon as the seller has handed over the goods to the forwarding agent, the freight carrier or the person or entity otherwise designated to carry out the shipment; The seller shall be liable for the loss of the goods as soon as the customer has delivered the goods to the carrier, freight forwarder or other person or institution designated to effect the shipment, if the customer has commissioned the carrier, freight forwarder or other person or institution designated to effect the shipment and the seller has not previously named this person or institution to the customer.

5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific cover transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.6 If the seller offers the goods for collection, the customer may collect the ordered goods within the business hours stated by the seller at the address stated by the seller. In this case, no shipping costs will be charged.

5.7 Vouchers will be provided to the Customer as follows:

• by download
• by e-mail

5.8 Digital content will be provided to the customer as follows:

• by download
• by e-mail
• by direct access
via the Contractor's website.

6) Establishment of rights of use for digital content

6.1 Unless otherwise stated in the description in the Seller's online shop, the Seller grants the Customer the non-exclusive, unlimited and temporally unrestricted right to use the content for private and commercial purposes.

6.2 The transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted, unless the seller has agreed to a transfer of the contractual licence to the third party.

6.3 Insofar as the contract relates to the one-off provision of digital content, the transfer of rights shall only become effective when the customer has fully paid the remuneration owed. The seller may also provisionally permit the use of the contractual content prior to this point in time. Such prior permission shall not constitute a transfer of rights.

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7) Duration and termination of subscription contracts

7.1 Subscription contracts shall be concluded for an indefinite period and may be terminated by the customer at the end of each month.

7.2 The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if the terminating party, taking into account all circumstances of the individual case and considering the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.

7.3 Cancellations can be made in writing, in text form (e.g. by e-mail) or in electronic form üvia the cancellation device (cancellation button) provided by the seller on his website.

8) Retention of title

8.1 With respect to consumers, the Seller shall retain title to the delivered goods until the purchase price owed has been paid in full.

8.2 In relation to entrepreneurs, the seller retains ownership of the delivered goods until all claims arising from a current business relationship have been settled in full.

8.2 In relation to entrepreneurs, the seller retains ownership of the delivered goods until all claims arising from a current business relationship have been settled in full.

8.3 If the customer acts as an entrepreneur, he shall be entitled to resell goods subject retention of title in ordinary course business. Assign all claims against third parties arising therefrom seller advance amount respective invoice value (including added tax). This assignment apply irrespective whether reserved have been resold without or after processing. remain collect even assignment. seller's right himself unaffected. However, not long meets his payment obligations="" towards seller, is default and no application for opening insolvency proceedings has filed.

9) Liability for defects (warranty)

In so far as nothing to the contrary arises from the following provisions, the provisions of statutory liability for defects shall apply. In deviation from this, the following shall apply to contracts for the delivery of goods:

9.1 If the customer is acting as an entrepreneur,

• the seller has the choice of the type of subsequent fulfilment;
• in the case of new goods, the limitation period for defects shall be one year from delivery of the goods;
• in the case of used goods, the rights and claims due to defects shall be excluded;
• the limitation period shall not begin again if a replacement delivery is made within the scope of the liability for defects.

9.2 The above-mentioned limitations of liability and shortening of the period shall not apply

• for claims for damages and reimbursement of expenses of the customer
• in the event that the seller has fraudulently concealed the defect
• for goods which have been used for a building in accordance with their normal use and have caused the defectiveness thereof.
• for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

9.3 In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse shall remain unaffected.

9.4 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial duty to examine and to carry out inspections pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.

9.5 If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer fails to do so, this shall have no effect whatsoever on his statutory or contractual claims for defects.

10) Liability

The Seller shall be liable to the Customer for all contractual, customary and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

10.1 The Seller shall be liable without limitation for any legal reason

• in case of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• on the basis of a guarantee promise, insofar as nothing else is regulated in this respect,
• on the basis of mandatory liability, such as under the Product Liability Act.

10.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to the preceding clause. Material contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer may regularly rely.

10.3 In all other respects, liability on the part of the Seller is excluded.

10.4 The foregoing liability provisions shall also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.

11) Special conditions for the processing of goods according to certain specifications of the customer

11.1 If, according to the content of the contract, the seller, in addition to the delivery of the goods, also owes the processing of the goods according to certain specifications of the customer, the customer shall provide the seller with all the content required for the processing, such as texts, drawings, drawings, etc., as well as with the processing of the goods according to certain specifications of the customer; The customer shall provide the seller with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the seller and grant him the necessary rights of use. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility that he has the right to use the content provided to the seller. In particular, he shall ensure that no rights of third parties are infringed thereby, in particular copyrights, trademark rights and personal rights.

11.2. The customer shall indemnify the seller against any claims of third parties which latter may assert in connection with an infringement their rights by contractual use customer's content seller. this case, also bear necessary costs legal defence, including all court and lawyers' fees statutory amount. not apply if is responsible for infringement. event a claim party, obliged to provide immediately, truthfully completely information required examination defence.

11.3 The Seller reserves the right to refuse processing orders if the contents provided by the Customer for this purpose violate statutory or regulatory prohibitions or offend common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.

12) Redemption of promotional vouchers

12.1 Vouchers which are issued free of charge by the Seller within the framework of promotions with a certain period of validity and which cannot be purchased by the Customer (hereinafter referred to as "promotional vouchers") may only be redeemed in the Seller's online shop and only during the specified period of time.

12.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

12.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

12.4 Only one promotional voucher can be redeemed per order at any one time.

12.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

12.5 The value of the goods must be at least equal to the value of the promotion voucher.

12.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be chosen to settle the difference.

12.7 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.

12.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the framework of his statutory right of withdrawal.

12.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the framework of his statutory right of withdrawal.

12.9 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, business incapacity or lack of representative authority of the respective holder.

13) Redemption of gift vouchers

13.1 Vouchers that can be purchased through the Seller's online shop (hereinafter referred to as "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the Voucher.

13.2 Gift Vouchers and remaining Gift Voucher balances are redeemable until the end of the third year following the year of purchase of the Gift Voucher. Remaining balances will be credited to the customer until the expiry date.

13.3 Gift Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

13.4 Only one gift voucher can be redeemed per order at any one time.

13.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.

13.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be used to make up the difference.

13.7 The balance of a Gift Voucher will not be paid out in cash or earn interest.

13.8 The Gift Voucher is transferable. The Seller may make payment with discharging effect to the relevant holder who redeems the Gift Voucher in the Seller's online shop. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, business incapacity or lack of representative authority of the respective holder.

14) Applicable law

14.1 All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection afforded is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

14.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to a Member State of the European Union and whose sole place of residence and delivery address at the time of the conclusion of the contract is outside the European Union.

15) Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special public-law entity with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the place of business of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the above cases, however, the Seller shall in any case be entitled to bring the matter before the court at the place of the Customer's registered office.

16) Code of conduct

- The Seller has submitted to the conditions of participation in the eCommerce initiative „Fairness in Trade“ which can be viewed on the Internet at https://www.fairness-im-handel.de/terms-of-participation/.

17) Alternative dispute resolution

17.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

17.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.