Terms and Conditions

Preamble, Applicable Law

Stein-Man operates this Website that offers and sell products to customers. These terms and conditions are attached at the end of this document. In case of any disputes between Stein-Man and the customer, German law shall be solely applicable.

§ 1 Choice of products

1. Customers can choose and order products on the Website
2. Products have product-descriptions that give detailed information to customers
3. Customers can add products to a virtual shopping cart. After having finished shopping the customer is informed about the total price including value added tax (V.A.T.) and shipping costs.
   Note: Customers from outside the European Union are not subject to V.A.T., but are responsible for payment of all potential duty, sales-tax and import-tax of their country of origin. Potential duty, sales-tax and import-tax is not displayed during the sales process.
4. Before the order is finally placed the customer is able to check prices and quantities. Customers can change quantities and delete products from the shopping cart before the binding order is finally placed.

§ 2 Return Policy / Revocation

1. Customers that are consumers (non business customers) have the right to revoke their order and return all products (revocation) within two weeks starting from the day of receiving the delivery. If a customer wishes to return products he/she can contact (in writing) Stein-Man through mail or email:
   Stein-Man Beer Stein Webshop - Am Wasserturm 35 - D-56237 Nauort - Germany - E-mail: willis@stein-man.de
2. It is not necessary to name any reason for the revocation.
3. Consequences of revocation
   Customers get full refund if the goods are returned in their original condition to the Stein-Man service center in Germany (return address is printed on the invoice). If the total order value was higher than 80 Euros or Stein-Man shipped the wrong products according to the order Stein-Man will cover the return shipping costs.
   Note: Customers from outside the European Union are responsible for return shipping costs and subject to a 10% restocking fee if products are returned.

§ 3 Prices / Shipping costs

1. Prices are valid as shown on the website when the order is processed.
2. All prices are ex warehouse Stein-Man and do not include Value Added Tax (V.A.T). Shipping and packing is also added extra.
3. The amount of shipping costs can be seen in the shopping cart before the order is finally placed.

§ 4 Contract

1. The order by a customer constitutes merely an offer to Stein-Man to enter into an agreement. After such an offer was placed Stein-Man will send an email to the customer that confirms that the order was received (Order Confirmation). The Order Confirmation does not yet constitute a binding contract of sale. A binding contract of sale shall come into being if, when and only to the extent to which Stein-Man ships a product and confirms the shipping with a 2nd email (Shipping Confirmation). A contract of sale will not come into being with products that were ordered and are not included in the Shipping Confirmation.
2. If  Stein-Man is not able to deliver products that have been ordered, particularly if Stein-Man suppliers are not fulfilling their obligations, Stein-Man can cancel orders or parts of orders. In this case the customer is informed immediately by email.

§ 5 Terms of payment / Conditional sale

1. Stein-Man issues an invoice for all ordered products that is either send to the customer by email prior to delivery or together with the delivered goods. The general payment term is payment in advance by Paypal (www.paypal.com). The accepted payment methods can vary depending on the customer's country of origin.
2. Prices stated in the invoice include Value added Tax (V.A.T.) if the products are shipped within the European Union.
   Note: Customers from outside the European Union are not subject to V.A.T., but are responsible for payment of all potential duty, sales-tax and import-tax of their country of origin.
3. If the customer is a private consumer a delay of payment will result in a default interest of 5% above the base lending rate of the European Union. If the customer is a business customer (company) a delay of payment will result in a default interest of 8% above the base lending rate of the European Union.
4. All products remain property of  Stein-Man until they are completely paid for (Conditional sale).

§ 6 Liability for defects

1. The Customer has to report any defects of the product immediately to Stein-Man. If products are returned Stein-Man will cover the shipping costs for customers within the European Union.
2. Liability for defects claims do not exist if
   1. nature and character of deviation is insubstantial
   2. useability is only affected insubstantially
   3. wear and tear of product
   4. product was modified by customer or third party, improperly maintained, repaired, used or exposed to ambient conditions that are not corresponding to the manufacturers instructions for use unless the customers provides evidence that the defect was not caused by the above circumstances.
3. Liability for defects only exists if the defect was already existent before passing of the risk.
4. If a defect is existent at the time of the passing of risk, Stein-Man can choose between rectification of defects or replacement delivery. All replaced parts become property of Stein-Man. If the rectification of defects and replacement delivery fail because the costs would be disproportional or exceed a written set time limit the customer has the right to choose between cancellation of the contract or abatement of the purchase price. If Stein-Man has delivered a replacement product the customer has to give back the defect product and pay for potential advantages he had from the product. In case of contract cancellation the customer receives a refund consisting of the original price less the advantages from the usage of the product. The advantage is calculated by comparing the time of usage by the customer to the regular life span of the product.
5. The Liability for defects is limited to 12 months from the time of delivery.

§ 7 Limitation of liability

1. As far as these Terms and Conditions do not state anything to the contrary there are no further customer claims applicable (regardless of reason). In particular, Stein-Man is not responsible for any defects that have not originated on the product itself, particularly not for loss of profit or other asset loss.
2. This limitation of liability (1) does not apply if
   1. the cause of the damage was an act of gross negligence or wilfull intent by Stein-Man
   2. Stein-Man neglected essential business duties it has to take responsibility for

§ 8 Force majeure

1. If Stein-Man can not render services due to force majeure it is reliefed from its duties during the duration of the cause.
2. The customer can cancel the order if Stein-Man can not execute the order for longer than 60 days.

§ 9 Privacy

The execution of orders is done by electronic data processing. By accepting this document the customers also accepts that personal data is processed that Stein-Man needs to correctly ship, bill, and contact customers regarding an order. The customer also accepts that Stein-Man gives personal data to business partners needed to fulfill the order (f. e. dispatch and payment).

1. Personal data
   Stein-Man gathers only the information necessary to correctly ship, bill, and if need be, contact you regarding an order.
2. Disclosure of Personal Data to third Parties
   Stein-Man will disclose data only to dispatch- and payment partners and only on a need to know basis for them to execute customer orders. Besides that Stein-Man will neither sell, rent, lease, trade, nor otherwise disclose any of your information to anyone for any reason.
3. Cookies
   Cookies are alphanumeric identifiers that Stein-Man transfers to your computer's hard drive through your Web browser to enable Stein-Man's systems to recognize your browser and to provide all features of the website. Most browsers can be set to prevent them from accepting cookies. However, if you disable the Cookie feature, you will not be able to make use of all of the features on Stein-Man's website.
4. SSL Socket Layer (SSL)
   A Secure Socket Layer (SSL) is an industry standard used to encrypt information provided online. When you are asked to give personal and credit card information, a SSL will always be in use for your protection.
5. Changing Personal data
   You can change your personal data anytime by logging into your account. For safety reasons, you can not delete your account by yourself. If you want to get your account deleted or if you have any questions about privacy you can contact Stein-Man anytime. Please use the Contact form on the Stein-Man website.

§ 10 Final provisions, Governing law, Place of Jurisdiction

If any part of the above provisions should be invalid for violation of mandatory law then all other provisions shall not be touched by this circumstance. Stein-Man and the customer will then replace the invalid provision by a valid provision that comes closest to the intention of both parties.

The customer agrees that the laws of the Federal Republic of Germany shall exclusively govern the business relationship between Stein-Man and the customer and any dispute of any sort that might arise between the customer and Stein-Man. The customer also agrees that for all legal disputes the Courts of Montabaur, Germany shall have exclusive jurisdiction, unless this is prohibited by mandatory law.

The author is not responsible for any contents linked or referred to from his pages - unless he has full knowlegde of illegal contents and would be able to prevent the visitors of his site from viewing those pages. If any damage occurs by the use of information presented there, only the author of  the respective pages might be liable, not the one who has linked to these pages. Furthermore the author is not liable for any postings or messages published by users of discussion boards, guestbooks or mailinglists provided on his page.

Version: June 11th 2011