1.1. Warsteiner Brewery operates a Premium Shop at http://www.warsteiner.de/shop/ as a service platform and to distribute products related to its main product, WARSTEINER beer. The prerequisite for obtaining unlimited access to the WARSTEINER Premium Shop is prior registration.
1.3. When ordering products in the online shop, the Standard Terms of Business for the WARSTEINER Online Shop take precedence over this Agreement.
2. Contract Partners
2.1. The user’s contract partner is Warsteiner Brauerei Haus Cramer KG with its registered office in 59581 Warstein, Domring 4-10, registered at the Local Court of Arnsberg under HRA 3404. The general partner is Haus Cramer Management GmbH with its registered office in Warstein, registered at the Local Court of Arnsberg under HRB 2717. Its Managing Directors are Ms. Catharina Cramer, Mr. Peter Himmelsbach and Mr. Martin Hötzel. The company’s VAT ID No. is DE 125 688 233.
2.2. Warsteiner Brewery only offers to enter into User Agreements with adults having full legal capacity. In individual cases, an exception can be made upon submission of the consent of the person’s legal guardians.
3. User Agreement, Registration
3.1. The assortment of merchandise offered by the Warsteiner Brewery can be viewed without registration. To make use of the “My Warsteiner” section, you must register as a user and login.
3.2. You can register by entering your name, e-mail address, postal code and birth date on the registration form and choosing a personal password. Optionally, you can also store your address data for subsequent purchases. Warsteiner Brewery will confirm your registration by e-mail – after checking your data, if necessary. In the e-mail, you will be requested to verify your registration by clicking on a link. Your verification constitutes an offer to enter into a User Agreement. The User Agreement takes effect the first time you login to the Premium Shop. Unconfirmed user accounts will be deleted after two weeks. In this case, you can re-register.
3.3. Before completing registration, you will have the opportunity to check and correct your entries.
3.4. You have no right to register or to have the User Agreement accepted by Warsteiner Brewery.
3.5. Warsteiner Brewery reserves the right to change, expand or limit the website and individual functions thereof at any time, as long as Warsteiner Brewery has not assumed any performance obligation.
3.6. Warsteiner Brewery shall be entitled to delete user accounts that have not been used for more than one year. You will be given at least two weeks advance notice of this by e-mail or regular mail. In this case, you can re-register at a later date.
4. User’s Obligations
4.1. During registration, all of the necessary data must be provided accurately and in full. A legal entity may only be registered by a natural person authorized to represent it, who must be identified by name. Your registration data and any other data needed in the context of the contractual relationship shall always be kept accurate and up to date and any changes must be promptly reported to Warsteiner Brewery.
4.2. You must keep your access data strictly confidential and safeguard it against disclosure to third parties. Warsteiner Brewery must be informed if there is evidence that unauthorized persons have become aware of your access data. You are liable for all activities undertaken with your user account, unless you are not responsible for the misuse of your user account.
4.3. You may not register more than once. The User Agreement and/or your user account and the individual claims against Warsteiner Brewery under this User Agreement are not transferable or assignable.
4.4. Warsteiner Brewery has no obligation to retain or store documents or data for the user. Therefore, if you need any documents sent or provided by Warsteiner Brewery online for your own business or other purposes (e.g. orders), you must store them yourself in your own system or print them out and retain them.
4.5. You must act in a lawful manner when using the Warsteiner website and refrain from any acts that are likely to overload the website or otherwise impair or manipulate the functionality of the website infrastructure. This includes actions that threaten the integrity, stability or availability of the website.
5. Website Functions
5.1. You can view and change your personal data at any time at “My Warsteiner.”
5.2. You can view the orders in your user account at “My Warsteiner.”
5.3. Maintenance of the Warsteiner Brewery website can have a negative impact on the ability to call up information. To the extent possible maintenance measures will be carried out in a manner that minimizes the impact on the user. Regular or predictable maintenance work will be done at times with as little general use as possible. If maintenance work will continue for a substantial period of time, notice will be given sufficiently in advance. In addition, unannounced maintenance measures may be necessary, e.g. if there are unforeseeable disruptions (such as attacks or viruses).
6. Rights to Content
6.1. Warsteiner Brewery reserves the ownership rights and copyright exploitation rights to all illustrations, photos, drawings, texts and other content on the website without limitation. All use of this content or parts thereof, in modified or unmodified form, requires the express prior consent of Warsteiner Brewery.
7. Duration of the Agreement, Termination, Deletion, Blocking
7.1. The User Agreement will remain in force for an indefinite period of time and therefore can be terminated by you or by Warsteiner Brewery at any time by giving three days’ notice in text form.
7.3. At the end of the Agreement, your user account will be blocked and you will not be able to place any additional online orders. As of that date, you will also be unable to access your data stored in the user account.
Registration to use the online shop is free of charge.
9.1. Under this User Agreement, Warsteiner Brewery shall have no liability for damages caused by slight or simple negligence.
9.2. Strict liability on the part of Warsteiner Brewery for errors already in existence at the time the Agreement was entered into – in user relationships under rental and similar laws – is expressly excluded.
9.3. General use and availability of the website are free of charge (cf. Section 9). Assuring availability of the website at all times is not a contractual performance obligation of Warsteiner Brewery. For example, Warsteiner Brewery is not responsible for down time due to technical or other problems, which are beyond the control of Warsteiner Brewery (force majeure, culpable acts by third parties, etc.). Therefore, there is no liability for limited availability. In particular, you shall have no claims against Warsteiner Brewery if a lack of availability has an adverse effect on contracts, e.g. because a contract is not entered into.
10. Final Provisions, Applicable Law and Jurisdiction
10.2. The legal relationship between the contract partners is subject to Dutch Law. The provisions of the Vienna UN Convention on Contracts for the International Sale of Goods of 11 April 1980 shall not apply.
As of July 2016