Terms of use

 

1. General

These general terms & conditions apply to all offers of ProBär GmbH and ProBeer vof

ProBär GmbH and ProBeer vof reserves the right to change, modify or update these terms & conditions from time up to time without notice.’

 

Through the use of the website of ProBär GmbH and/or placing an order the purchaser accepts these general terms and conditions as well as all other rights and duties as indicated on the website.

 

These general terms & conditions stipulated may only be deviated from by way of explicit agreement in writing and in which case the remaining provisions of these terms & conditions shall remain in force.

 

The term "purchaser" is used for every visitor of the website or each natural person or legal entity who has a contractual relationship with ProBär GmbH or ProBeer vof

 

2. Offers

All offers of ProBär GmbH and ProBeer vof are without engagement. Offers or prices are to be seen as an invitation to the potential purchaser(s) to engage in a sale. ProBär GmbH and ProBeer vof  is in absolutely no manner bound to this, unless this has been unambiguously confirmed in writing. The acceptance of the invitation of the potential purchaser to engage in the sale is considered as an offer and leads only to a provisional agreement so long as the remaining provisions in this Article has been completed.

 

An definite agreement comes about the moment an order confirmation has been sent to the purchaser by e-mail address as stated by the purchaser on the registration form.

 

3. Prices

All prices on the site are "ex Warehouse", expressed in euros, conforming to the legal regulations hereby, and including VAT, but excluding other levies by the government and excluding shipping costs, unless mentioned otherwise in the product related information.

 

Shipping charges are not included in the price. The shipping costs are as mentioned below. Certain conditions may apply depending on the method of payment used, the form of delivery and costs thereof. These charges are clearly communicated to the purchaser.

 

Any additional costs of any sort bought to bear on ProBär GmbH or ProBeer vof  as a result of the non-compliance of the purchaser of their payment obligations shall be at the expense of the purchaser.

 

4. Shipping costs

Within Germany:

For orders under 70 euro will 5 euro be charged for shipping. Orders with a value of over 70 euro will be delivered without further shipping costs. These shipping cost are counted for orders that only can be shipped in 1 box. When the weight or the volume is to big, the shipping costs will be changed. The costs will be communicated to the purchaser by telephone or e-mail before shipment.

Prices for the German islands are at request.

 

4.a) For Austria, Denmark and the Benelux:

For orders under 80 euro will 7 euro be charged for shipping. Orders with a value of over 80 euro will be delivered without further shipping costs. These shipping cost are counted for orders that only can be shipped in 1 box. When the weight or the volume is to big, the shipping costs will be changed. The costs will be communicated to the purchaser by telephone or e-mail before shipment.

Prices are only for the mainland, islands are at request.

 

4. b) For Great Brittan, France an Italy:

For these countries the shipping costs go by weight, up to 5 kg 13 euro, up to 10 kg 16 euro, up to 20 kg 20 euro, and up to 30 kg 23 euro. These shipping cost are counted for orders that only can be shipped in 1 box. When the weight or the volume is to big, the shipping costs will be changed. The costs will be communicated to the purchaser by telephone or e-mail before shipment.

Prices are only for the mainland, islands are at request.

 

All other countries are at request

 

5. Delivery and delivery times

 

Orders are of course delivered as swiftly as possible.

 

A product that is temporarily out of stock when ordered by the purchaser will when available be indicated as such. Delays will be communicated to the purchaser by telephone or e-mail.

Delivery will be sent to the address given by the purchaser during the agreement process. Any additional information concerning delivery shall be made swiftly known to the purchaser.

 

ProBär GmbH or ProBeer vof shall ensure delivery by DPD, mail or by any other manner at the discretion of ProBär GmbH or ProBeer vof, at the expense of the purchaser. Delivery by DPD, mail or delivery in any other manner shall take place only after payment has been received for the products provided by ProBär GmbH or ProBeer vof. The merchandise only becomes the property of the purchaser at delivery.

 

ProBär GmbH or ProBeer vof reserves the right to split the delivery of merchandise bought. The extra cost of such a “Split Delivery” shall be borne by ProBär GmbH or ProBeer vof.

Special conditions may apply to deliveries abroad.

 

6. Exchange & right of inspection

The purchaser is obliged to inspect the products thoroughly and immediately after delivery. Any damage and/or missing parts in the product(s) must be reported in writing and as soon as possible and at the latest within 14 days after delivery.

 

Shipping costs for product returns are at the expense of the purchaser.

 

Should the delivered product not meet the specifications as laid out in the agreement then Free Internet Shop is obliged only to delivery the missing part(s) of the product, repair or offer a replacement of the product.

 

7. Transferal of Property

Ownership of Property despite actual delivery, is only transferred to the purchaser after said purchaser has fulfilled the agreement with ProBär GmbH or ProBeer vof in its entirety, including compensation of any interest and costs, which also includes deliveries of an earlier or later stage and to the products themselves and/or tasks performed in relation to said product(s).

The purchaser may not encumber, sell, redeliver, separate or otherwise encumber (delivery of) the products, before the property is rightfully in their possession.

 

8. Circumstances beyond one’s control

ProBär GmbH or ProBeer vof is not obliged to fulfill its obligations towards the Purchaser due to circumstances beyond its control, the obligation is postponed for the duration of the circumstances respectively.

Circumstances beyond its control are known to be each circumstance independent of its intention, as a result of which compliance of its obligations towards the Purchaser are partly or entirely prevented. These circumstances include strikes, fires, business disturbances, power failures, non- or no timely delivery by suppliers or other third parties and the absence of any licenses to be obtained via the government. Circumstances beyond its control also include failures in (telecommunications) networks or connections or applied communication systems and/or the non-availability of the internet site at any one time.

 

9. Personal data

ProBär GmbH or ProBeer vof shall use the data of the purchaser exclusively for its own purposes and will not be given to others.

 

10. Applicable law and competent Court.

With ProBär GmbH German an with ProBeer vof Dutch law applies exclusively on all offers and agreements.

All disputes which may occur as a result of the agreement concerned or future agreements arising from it will be settled in accordance with the Regulations of the Dutch or German Arbitration Institute or, should ProBär GmbH or ProBeer vof wish to choose as such, the competent Courts applicable to the registered offices or abodes of ProBär GmbH or ProBeer vof or the Purchaser. Arbitration shall comprise one arbitrator. Arbitration shall take place in Gronau or Almelo. Legal proceedings shall be held in Dutch or German. The Arbitration shall decide according to the law. All this is applicable unless the law explicitly stipulates a different competent Court.