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General Terms and Conditions


1.            Validity

1.1          The following general Terms and Conditions (called “Terms“ hereafter) are valid for all orders generated by Customers via the online store run by Berliner Bärensiegel GmbH (“Berliner Bärensiegel GmbH“ or “Seller“ hereafter) and are part of the respective sales contracts.

1.2          These Terms apply in the version valid at the time the order is placed with the Seller. The order will be executed accordingly. The current Terms in their latest version can be found on the website under “Terms and conditions“. Furthermore, the Customer will receive the Terms together with the order confirmation or the confirmation of receipt of order.

1.3          Any opposing or deviating terms provided by the Customer or other restrictive terms shall not apply unless the Seller has explicitly accepted them individually and in writing before conclusion of the contract.


2.            Contact details

                The contact details of Berliner Bärensiegel GmbH are:

                Berliner Bärensiegel GmbH
                Geschäftsführer: Thomas Langguth
                Josef-Orlopp-Str.72, 10365 Berlin
                Telefon: 030-555040
                Fax: 030-5 5504 170

3.         Definitions

3.1       “Consumer“ in these Terms and Conditions refers to any Customer who enters into a contract with Berliner Bärensiegel GmbH via the online store run by Berliner Bärensiegel GmbH to any purpose unrelated to a business or freelance activity of the Customer.

3.2       “Trader“ in these Terms and Conditions refers to any Customer who enters into a contract with Berliner Bärensiegel GmbH via the online store of Berliner Bärensiegel GmbH to a purpose related to his business or freelance work.

3.3       “Customer“ refers to both Consumers and Traders in these Terms and Conditions.

4.            Conclusion of contract

4.1          The online store is available both in English and German.

4.2          The presentation of products in the online store does not represent a legally binding offer to the Customer on the part of Berliner Bärensiegel GmbH. Only after entering the required details and clicking the button “Buy nowAdd to card“, the final step of the ordering process, the Customer makes a legally binding offer to Berliner Bärensiegel GmbH to enter into a contract concerning the items in the shopping cart.

4.3          The Customer can at any point in time correct all details via the commonly used keyboard or mouse functions before finalizing the order by clicking the “Buy now” button.

4.4          All details will be displayed again in a separate window, especially before the final sending of the order, and can be corrected once more via the commonly used keyboard or mouse functions.

4.5          After Berliner Bärensiegel GmbH has received the order, the Customer will immediately receive a non-binding confirmation of receipt of order by e-mail. A sales contract for the article(s) ordered will only be entered into when the Seller explicitly confirms the order by e-mail or fax (order confirmation) after checking availability of the items ordered, latest with delivery to the Customer.

4.6          The wording of the contract, including the Terms valid at the time of conclusion of the contract, will not be stored electronically or in any other way by Berliner Bärensiegel GmbH and will therefore no longer be available in the respective version to the Customer after conclusion of the contract. However, the Customer can save the Terms in a retrievable format on his computer or other devices while finalizing the order.

5.            Protection of minors

According to Section 9 Paragraph 1 Law for the Protection of the Youth, Berliner Bärensiegel GmbH delivers spirits, beverages or foodstuffs containing more than a defined minimal amount of spirits only to persons of at least 18 years of age, and other alcoholic beverages to persons of at least 16 years of age.

Alternatively: Berliner Bärensiegel GmbH delivers exclusively to persons of at least 18 years of age.

6.            Prices and payment terms

6.1          Only the prices mentioned in the online store at the time of sending the order are valid. These prices are stated including the VAT valid at that time, and excluding dispatch and delivery costs.

6.2          Unless otherwise agreed, payment is to be effected in advance by transfer, by SOFORT Überweisung or PayPal.

6.3          The Seller may, despite any opposing terms provided by the Customer, first use a payment to balance the Customer’s account and settle existing debts. Should cost and interest have already resulted, the Seller may first of all set the payment off against any cost incurred, then against interest and finally against the principal claim.

6.4          Payment will only be regarded as complete when the account is fully balanced.

7.            Delivery

7.1          Berliner Bärensiegel GmbH may at any time decide to make partial delivery of goods and services as long as it cannot be considered unreasonable for the Customer.

7.2          Berliner Bärensiegel GmbH cannot be held responsible if replenishment of stock fails due to the Seller’s own suppliers delivering incorrectly or late.

7.3          Unless otherwise requested, Berliner Bärensiegel GmbH may choose the mode of shipment. Should the Customer request a special type of shipment, he will be invoiced any additional cost incurred.

7.4          If the Customer is a Trader (see 3.2), the risk of destruction or deterioration, loss of or damage to the goods passes on to the Customer at the moment of dispatch, or, in case of the Customer picking up the goods, at the moment of placing the goods at the disposal of the Customer.


8.            Warranty

8.1          If the Customer is a Trader (see 3.2), Berliner Bärensiegel GmbH shall be entitled to first of all remedy defects of the goods either by repair or substitution, at the Seller’s discretion.

8.2          Traders must inspect the goods immediately upon receipt and report any alleged defect to the Seller in writing within two weeks from date of receipt of the goods. Should the Trader fail to comply with this provision, any future warranty claims are excluded.

8.3          For Traders the warranty is valid for one year from delivery of the goods or any other service, unless Berliner Bärensiegel GmbH has fraudulently concealed a defect.

8.4          For Consumers (see 3.1), Berliner Bärensiegel GmbH will observe statutory warranty rights according to valid legal provisions.

9.            Right of withdrawal

9.1          Right of revocation

- Advice on the right of withdrawal -

You can withdraw from the contract without specifying any reason within a period of 14 days. The 14-day period begins upon receipt of the goods by the Customer or a third party who acts on the Customer’s behalf and is not the carrier.

To execute your right of revocation, your clear declaration of intent to withdraw from the contract must be sent in writing (e.g. by letter, fax or e-mail) to:

Berliner Bärensiegel GmbH

Geschäftsführer: Thomas Langguth

Josef-Orlopp-Str. 72, 10365 Berlin


Telefon: +49 (0) 30-555040
Fax: +49 (0) 30-5 5504 170


You may use the template letter below (see 9.2), which is, however, not legally required.

To comply with the provisions concerning the revocation of contract it is sufficient to send your notification before the end of the withdrawal period.

Consequences of withdrawal

On receipt of your withdrawal, Berliner Bärensiegel GmbH shall be obliged to refund any payments received immediately and latest within 14 days from receipt of your notification, with the exception of any additional cost incurred due to the Customer choosing a mode of shipment different from the cheaper standard shipment offered).

Your payment will be refunded in the same way that the original payment was done, unless another type of payment is explicitly agreed upon. The Customer shall not be charged any fees for the processing of the refund.

Berliner Bärensiegel GmbH shall be entitled to hold back payment until goods have been returned or the Customer has provided evidence of dispatch of the goods, whichever is earlier.

The Customer is obliged to send back or hand over the goods within 14 days from the day he notified the Seller of his wish to withdraw from the contract. This provision shall be considered fully observed if the Customer dispatches the goods before the end of this period. The Seller shall cover the cost of forwarding the goods.

Compensation for depreciation of an item’s value is only payable if said depreciation can be ascribed to activities above and beyond the inspection of an item’s properties and condition and the ascertainment of its correct functioning.

- End of advice of the right of withdrawal –


9.2          Template notification of withdrawal


(Should you wish to withdraw from the contract, you can use this form , fill it in and send it to us.)



I/We wish to withdraw from my/our contract concerning the purchase of the following products



ordered on _________(*)/received on _____________(*)



Name of the consumer(s)




Address(es) of the consumer(s)





Signature of the consumer(s) (only for fax/letter)





(*) Delete as appropriate



9.3.         Returning goods


To return goods the Customer shall get in contact with Berliner Bärensiegel GmbH via or by calling the telephone number of Berliner Bärensiegel GmbH +49 (0) 30-555040.


Berliner Bärensiegel GmbH will create a parcel return order for the Customer via the DHL online platform. DHL will then send a printable return label to the e-mail address provided by the Customer to this purpose. This DHL label will enable the Customer to return the consignment to Berliner Bärensiegel GmbH free of charge via DHL Parcel Services.


The Customer may choose a different forwarder/mode of shipment, in which case he will have to carry the cost of shipping.


10.          Liability

                Berliner Bärensiegel GmbH’s liability, independent of the legal grounds, is limited to the damage typically foreseeable for this type of contract.

This does not apply to

(1)     damage caused by the breach of a material contractual obligation, i.e. an obligation whose fulfillment initially makes possible the proper implementation of the agreement and in the observance of which the Customer trusts and may trust on a regular basis;

(2)     damages to limb, life and health;

(3)     deliberate failure to perform or gross negligence by Berliner Bärensiegel GmbH, its legal representatives or its vicarious agents;

(4)     Customers’ statutory rights in accordance with the Law on Product Liability and

(5)     liability derived from the provision of warranties.


11.          Retention of title

11.1        Goods delivered remain the property of Berliner Bärensiegel GmbH until all outstanding debts have been settled, including secondary claims, indemnity claims, and the honouring of cheques and banker’s drafts. The reservation of proprietary rights shall remain valid even if individual outstanding invoices are set off against a new payment, and the updated balance of the customer account has been advised and agreed upon.

11.2        Processing or transformation of the goods by the Customer shall always take place for Berliner Bärensiegel GmbH, however without any obligation on the part of Berliner Bärensiegel GmbH. If Berliner Bärensiegel GmbH‘s ownership or co-ownership expires due to transformation or processing, a part of the Customer’s ownership or co-ownership of the resulting item shall be transferred to Berliner Bärensiegel GmbH proportionally (invoice value). In this case, the Customer shall hold the Seller’s ownership or co-ownership in custody at no cost.


12.          Data protection

12.1        All customer data are exclusively used to process the order. They are stored, processed and deleted within the stipulated periods in accordance with the relevant legal provisions of the BDSG (Federal Data Protection Act).

12.2        The customer can, at any time and without any cost, require information, correction, blocking or deletion of the data stored.

13.          Final provisions, governing law, place of jurisdiction

13.1        Governing law for all matters related to this contract shall be The Law of the Federal Republic of Germany. The United Nations Conventions on Contracts for the international Sale of Goods shall not apply.

13.2        The contractual language is German.

13.3        Place of jurisdiction in dealing with Traders is the official business location of Berliner Bärensiegel GmbH.


Version: July 2014