1. Scope
(1) These terms and conditions of sale apply exclusively.
(2) Terms and conditions of the purchaser or reseller that conflict with or deviate from these Terms and Conditions of Sale will only be recognized if their validity has been expressly agreed to in writing. All agreements concluded between the purchaser and the supplier BIER von Dir in connection with the execution of the contract must be recorded in writing.
(3) These Terms and Conditions of Sale shall also apply to all future transactions with the Purchaser.
2. Offer
If the order is to be regarded as an offer according to OR § 221 ff, Bier von Dir – Brausysteme can accept it within 2 weeks.
(1). Order Quantity
For small quantities (malt, hops, etc.) that cost less than CHF 1.00, a small quantity surcharge of CHF 1.00 will be charged per item and package.
3. Documents provided
BIER reserves ownership and copyright to all documents provided to the purchaser or reseller in connection with the order, such as calculations, drawings of brewing equipment, etc. These documents may not be made accessible to third parties unless you have obtained BIER’s written permission.
4. Prices and payment
(1) Unless otherwise agreed in writing, prices are net ex warehouse, plus shipping and handling costs.
(1.1) Payment by credit card (commission surcharge of 3% on the total price for ALL items and services.
(2) Payment in advance is generally required. Invoices are due immediately upon receipt of the goods. Reminder fees will be charged 10 days after the invoice date:
1st reminder CHF 10.00
2nd reminder after 35 days CHF 25.00
3rd reminder after 45 days CHF 60.00 (Cost of 2nd reminder plus processing fee for 3rd reminder)
When paying cash on delivery, the total invoice amount will be increased by the cash on delivery fees charged by the post office.
(3) For deliveries to other European countries, we charge the shipping costs plus a processing fee of CHF 20.00. Deliveries to other European countries are generally only made against advance payment. For deliveries to EU countries, the applicable Swiss VAT will be deducted from the price. The applicable customs duties apply, which are borne by the buyer or reseller.
(4) Exempt from the provisions of paragraphs 1, 2 and 3 are all professional brewing systems which are based on a separate offer including freight.
(5) The deduction of discounts is not permitted.
5. Delivery time
(1) The general delivery time for in-stock items is 3-5 business days from the date of order or from receipt of payment in the case of advance payment. For other items and during periods of high demand, the delivery time may be up to 4 weeks.
(2) Shipping is carried out by DPD, post or railway or on their behalf.
(3) Out-of-stock items will not be automatically restocked, but must be reordered. The customer will be informed in advance of the backorder.
(4) Delivery by BIER to you is subject to the reservation that you can supply BIER correctly and on time. Compensation for delayed delivery is excluded unless gross negligence is involved.
(5) In the event that the purchaser defaults on acceptance or violates other obligations to cooperate, BIER is entitled to claim compensation for the resulting damages, plus any additional expenses. In the event of default on acceptance, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the purchaser at the time the purchaser defaults on acceptance.
6. Transfer of risk
The risk of accidental loss or accidental deterioration of the goods shall pass to the purchaser upon dispatch to the purchaser, at the latest when the goods leave the warehouse.
7. Retention of title
(1) BIER von Dir retains title to the delivered item until all claims arising from the delivery contract have been paid in full. BIER von Dir is entitled to take back the purchased item if the purchaser acts in breach of contract. Taking back the purchased item does not constitute a withdrawal from the contract unless expressly declared in writing.
(2) The purchaser is obliged, as long as ownership has not yet been transferred to him, to treat the purchased item with care and to insure it at his own expense against burglary, theft, fire and water damage at replacement value.
(3) The purchaser is entitled to resell the reserved goods in the ordinary course of business. The purchaser hereby assigns to us the buyer’s claim from the resale of the reserved goods in the amount of the final invoice amount agreed with us (including the net amount and delivery costs).
(4) For orders that are canceled or returned within 7 days, we reserve the right to charge a 10% fee plus any shipping costs on the invoice amount. Returns are free of charge for the customer. Used, damaged, incomplete, or custom-made items are excluded from returns. If the item has already been used (e.g., kegs, etc.), we cannot accept returns, as we can no longer sell these items as new. We do not cover the costs of returning the goods.
8. Warranty for defects
(1) Defects discovered upon delivery must be reported to Bier von Dir in writing within 24 hours of receipt of the goods. After this period, the goods are deemed to have been received in perfect condition. As a consumer, you are generally bound to your order. For orders that are canceled or returned, we reserve the right to charge you a 10% fee on the invoice amount. However, if this is due to a defect in the device, no fee will be charged. Used goods and devices are generally not accepted for return, as they can no longer be sold as new. In individual cases and in consultation with the customer, Bier von Dir-Brausysteme may accept used goods and devices at a reduced price.
(2) If there is a defect in the purchased item for which you are responsible, we are entitled, at our discretion, to either remedy the defect or supply a replacement.
9. Data protection and security
(1) BIER von Dir only stores data that is necessary to process the order(s).
(2) BIER assures you that we will not share any data with third parties. Data will only be shared with the postal service (the postal service) for the purpose of processing orders and for the necessary shipping procedures.
(3) The customer agrees to the use of his or her email address for internal advertising purposes by BIER von Dir. This use can be revoked in writing at (info@bier-von-dir). The customer’s data will not be passed on to or used by third parties at any time. The warranties in Section 10, Paragraph 2 apply.
10. Miscellaneous
(1) The images of the products may, under certain circumstances, be similar in appearance to the items shown. The actual properties are set out in the product descriptions.
11. Severability Clause
Should any part of these General Terms and Conditions violate current or future law, the remaining provisions shall remain valid.
12. Place of Jurisdiction and Place of Performance
. The place of jurisdiction is the registered office of Bier-von-Dir Brausysteme. However, Bier von Dir reserves the right to sue the customer at the court of his or her place of residence. The registered office of Bier von Dir – Brausysteme is the place of performance. Any deviations from this must be agreed upon in writing.
14 Brand name
The name Bier von Dir is a registered trademark and may not be used without our written permission.
Cookies
In this shop, information about your customer data is stored in cookies, which can then be accessed on your next visit. The data stored in a cookie saves you from having to fill out forms repeatedly.
copyright
The majority of images on our website were created by us and are therefore our property according to data protection regulations. The use of our images by third parties for advertising purposes, websites, etc., is prohibited.
The use of our images requires our explicit consent. Violations of our copyright will be prosecuted.