Terms of service
General terms and conditions
GTC
concerning the online shop of Brauerei zur Malzmühle Schwartz GmbH & Co. KG
Scope of application
The following General Terms and Conditions (GTC) apply to all contracts concluded between you as a private customer and the Brauerei zur Malzmühle Schwartz GmbH & Co KG, Heumarkt 6, 50667 Cologne, Germany, Commercial Register: Cologne District Court, HRA 28320 (hereinafter referred to as "MALZMÜHLE"), Phone: 0221- 921 606 0, Fax: 0221 - 247 701 E-mail: info@muehlenkoelsch.de, regarding the purchase of goods via the Internet store www.brauwelt-koeln.de and their delivery. Private customers in the sense of these terms and conditions are consumers according to § 13 BGB (any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed). These GTC apply exclusively to the sale of goods. Other terms and conditions, in particular terms and conditions of customers, shall not become part of any agreement between the parties, even if MALZMÜHLE does not expressly object to their possible inclusion.
This store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that enables us to sell our products and services to you. As part of the hosting process, personal data is processed. For more information on data processing, you can view the privacy policy.
Contractual partner
The contract of sale is concluded with
Brewery zur Malzmühle Schwartz GmbH & Co. KG
Heumarkt 6
50667 Cologne
Phone: +49 (0)221-921 606 0
Fax: +49 (0)221-247 701
E-mail: info@muehlenkoelsch.de
Management: Melanie Schwartz-Mechler, Michael Rosenbaum
Local Court Cologne HRA 2233
Complementary: Brauerei zur Malzmühle Schwartz Verwaltungs GmbH,
Cologne Local Court HRB 71782
VAT ID No. according to § 27 a Value Added Tax Act: DE 815 269 700
Conclusion of contract
The presentation of the goods in the Internet store does not represent a binding offer in the legal sense. The order of goods is made by specifying the desired quantity of a selected product and then clicking the button "Add to cart". Alternatively, you select the button "Buy now" and are subsequently forwarded to the "Checkout". The current contents of the shopping cart, the individual prices, plus applicable deposit fees and the total price as well as the shipping costs are displayed by clicking on the "Shopping Cart" (The bag symbol in the upper right corner). There you have the possibility to check your entries and the contents of the shopping cart and to correct them if necessary. Deposit fees will be added automatically when deposit items are added. With the button "Refresh shopping cart" the content of the shopping cart can be reloaded. Afterwards please click on the button "Checkout" to be forwarded to the "Checkout". In the following we need information about your person, the delivery and billing address as well as your desired shipping and payment method. By clicking the button "Pay now" you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of the order follows immediately after sending the order and does not yet constitute acceptance of the contract. We can accept your order bindingly by sending an order confirmation by e-mail or by delivering the goods within five days.
Only the German language is available for the conclusion of the contract. The text of the contract will be sent to you as part of the order confirmation. The terms and conditions and the shopping cart can be printed and saved using the print function of your browser. The contract text will only be stored by us in a retrievable form if you have created a customer account, which is not a prerequisite for an order.
Prices
All prices are ex warehouse Cologne-Kalk as (gross) unit price. The prices are inclusive of the respective statutory value added tax. This will be shown separately on the invoice. Additional refundable securities (deposit fees) may be charged on the (gross) unit price. These are shown separately in accordance with §7 PAngV and are not included in the calculation of the basic price. In the "shopping cart", any applicable deposit fees are automatically calculated, added and displayed separately.
The PAngV can be viewed >here at the Federal Ministry of Justice.
Shipping costs
Shipping costs are added to the prices of the goods. These are determined on the basis of the weight of the goods and packaging
Shipping costs
0 - 3 kg: 5,90 €
3 - 5 kg: 6,90 €
5 - 10 kg: 8,90 €
10 - 20 kg: 13,50 €
20 - 31,5 kg: 15,90 €
International transactions are unfortunately not possible.
Delivery
Our deliveries are currently made by DHL to the specified delivery address. If a delivery address is not specified, the delivery will be made to the billing address. We deliver spirits already from 1 bottle. Beers and non-alcoholic beverages are delivered from a quantity of 6 bottles. Incoming orders have a processing time of 1 business day. The delivery time is usually about 5 business days.
If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the cost of the unsuccessful shipment. This does not apply if the customer exercises his right of return by refusing acceptance, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered service, unless the seller had given him reasonable advance notice of the service.
Packaging units
The ordered bottles will be shipped in the most suitable cartons (casks) according to the ordered quantity. The available casks may contain either 1 - 3 bottles or 1 - 6 bottles each. If an order contains more than 6 bottles, the order may be shipped in several cartons.
Retention of title
The delivered goods remain our property until full payment.
Payment
The following payment options are available to you:
Payment by credit card, Maestro, Google Pay and Apple Pay.
When paying by credit card, Maestro, Google Pay and Apple Pay, the payment is made during the ordering process. The processing of the payment transaction takes place via Shopify Payments. The receipt of payment at MALZMÜHLE takes place immediately after sending the order confirmation (acceptance of offer). The delivery of the goods takes place after receipt of payment.
Payment in advance
For payment in advance, we will provide you with bank details in the order confirmation e-mail. The delivery of the goods takes place after receipt of payment.
Payment by PayPal
When paying by PayPal, if you have a PayPal account, the payment will be made during the ordering process. The receipt of payment at MALZMÜHLE takes place immediately after sending the order confirmation (offer acceptance). The goods will be delivered after receipt of payment.
Data protection
The transmission of personal data via the store is subject to our privacy policy. Please read our privacy policy.
Youth Protection Act
We point out that we act according to the regulations of the Youth Protection Act. Basically, the sale of any products and goods to young people under 18 years is excluded. The buyer expressly confirms with the submission of the order that he has the required age according to the Youth Protection Act. In cases of doubt, we reserve the right to request additional proof of age.
Liability for transport damage
In principle, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer upon handover to the customer or a person authorized to receive the goods. If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration in the case of a mail order purchase shall pass to the customer upon delivery of the goods at the seller's place of business to a suitable carrier (e.g. DHL).
Warranty, liability for defects
The statutory provisions on material defects and defects of title shall apply. All information on goods is information on quality and not a guarantee. MALZMÜHLE shall only be liable for damage caused by MALZMÜHLE intentionally or through gross negligence or, regardless of the degree of fault, through injury to life, limb and/or health or, regardless of the degree of fault, through the breach of cardinal obligations. Cardinal obligations are essential contractual obligations, the proper fulfillment of which is essential for the contractual relationship and on the proper fulfillment of which you may rely. Liability for the slightly negligent breach of cardinal obligations is limited to typical and foreseeable damages. This limitation of liability shall also apply to MALZMÜHLE's vicarious agents or other persons employed by MALZMÜHLE in the performance of its obligations. Claims under the Product Liability Act shall remain unaffected.
Right of withdrawal
As a consumer (any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity), you have the following statutory right of revocation:
Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must send us
Brauerei zur Malzmühle Schwartz GmbH & Co. KG
Heumarkt 6
50667 Cologne
Tel: +49 (0) 221-921 606 0
Fax: +49 (0) 221-921 606 49
E-mail: info@muehlenkoelsch.de
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period .
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. 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 or hand over the goods to us immediately, in their original packaging and in any case no later than within fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You must pay for any loss in value of the goods only if this loss in value is due to the handling of the goods which is not necessary for their properties and functioning.
Sample cancellation form
If you want to revoke the contract, you can download and print our sample revocation form in PDF format via the following link: >Sample revocation form as a PDF file.
Please fill out this form and send it back to us.
(To view the PDF file you need Adobe Reader, which you can get >here).
End of the cancellation policy
Place of jurisdiction
The place of jurisdiction for all disputes is the registered office of Brauerei zur Malzmühle Schwartz GmbH & Co. KG in Cologne.
Responsible
Brauerei zur Malzmühle Schwartz GmbH & Co. KG
Heumarkt 6
50667 Cologne
Phone: +49 (0)221-921 606 0
Fax: +49 (0)221-247 701
E-mail: info@muehlenkoelsch.de
Management: Melanie Schwartz-Mechler, Michael Rosenbaum
Local Court Cologne HRA 2233
Complementa: Brauerei zur Malzmühle Schwartz Verwaltungs GmbH,
Cologne Local Court HRB 71782
VAT ID No. according to § 27 a Value Added Tax Act: DE 815 269 700
>Download of the general terms and conditions as PDF-file
Consumer arbitration
Platform of the EU Commission for online dispute resolution: www.ec.europa.eu/consumers/odr
We hereby inform you that MALZMÜHLE does not participate in dispute resolution proceedings of a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act and is not obliged to do so.