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Terms of Use

These The BLADE® Terms and Conditions consist of the following sections: 1. General; 2. Terms of Sale; 3. Terms of Use of the Website; and 4. Miscellaneous.

These Terms of Use apply to contracts with businesses. A business is any natural person or legal entity or partnership with legal capacity which, at the time the contract is concluded, is exercising its commercial or independent professional activity.

 

1. GENERAL

Welcome to our website and mobile app dedicated to "The BLADE", available at de.blade.shop, for businesses in Germany (“Website”). The Website is operated by Online Drinks B.V (references to 'our', 'we' or 'us' is to Online Drinks B.V). These terms and conditions as well as the terms and conditions dealing with specific matters in any policy or document to which a link access is provided herein (the “Terms”) will apply to your use of the Website and to any purchase by you of any of the products listed on the Website (“Products”).

By using this Website, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you may not use the Website.

Please note that before placing a purchase order on the Website you will be asked to agree to these Terms and to register. Please read them carefully before you submit your order. If you do not accept these Terms or agree to registration, you will not be able to order any Products from our Website.

 

2. TERMS OF SALE 

 

2.1. OUR PRODUCTS

2.1.1. Our Products can only be ordered if you have registered your details with us and created an account. In accepting these Terms, you agree to provide us with truthful and accurate information about you.

2.1.2. We take reasonable care to ensure that all details, descriptions and prices quoted in respect of any Products on the Website are correct and accurate when the relevant information is entered into the system. While we work hard to keep the Website as up to date as possible, the information on the Website relating to the Products may not be correct at the moment you place your order. We will rectify any such errors as soon as possible from when we become aware of them.

2.1.3. All prices and charges on the Website are in EURO and exclude VAT.

2.1.4. Delivery charges may be added to your order. The amount of delivery charges applicable to your order may vary depending on requested delivery method and order value. Such delivery charges will be clearly displayed in the order process prior to you finalising your order. Information on delivery charges is also available in the FAQ section of the Website. If you do not accept the delivery charges you can end the order process before completing your order. A maximum value of an order may be applicable.

 

2.2. PLACING AN ORDER AND ACCEPTANCE

2.2.1. After registering as a user or logging in as a registered user on the Website, you can create an order by following the onscreen prompts after clicking on the Products you wish to purchase. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.

2.2.2. Please note that the minimum order value taking into account all discounts (voucher codes, etc.) is €35 (including VAT). Orders below the minimum order value will not be accepted.

2.2.3. Once you are ready to place your order, you can follow the ordering process and submit your order by clicking on ‘Buy Now’ button on the ‘Order’ page. After you have clicked on ‘Buy now’ you are unable to amend your order from this point and will be re-directed to the payment page to process your payment.

2.2.4. After completing the payment process on the payment page, you will receive an e-mail from us acknowledging that we have received your placed order (“Confirmation Message”). The Confirmation Message will include details about your order, including the Products and prices (including delivery charges and taxes), as well as key terms of your order. You should store and/or print this e-mail for your records. If you do not receive a Confirmation Message within one working day of placing your order please Contact Us.

2.2.5 Resale of the goods in the ordinary course of business is permitted before full payment is received. This authorisation shall lapse in the event that the customer defaults on a payment that is due to us. The customer hereby assigns all claims against third parties accruing to it from the resale of the reserved goods, up to the final invoice amount (including VAT).

We reserve the right to dispense with any order confirmation requirement if the customer is a business and a particular product is permanently unavailable at the time of the order, payment is not received in a proper manner or correct or complete company details have not been provided for the order. In this case no contract comes into existence. The possible acceptance of further requests in the order remains unaffected.

If a particular product you have ordered is only unavailable temporarily, we will notify you of this in the order confirmation. In the event of a shipment delay of more than two weeks from the sending of the order confirmation you are entitled to withdraw from the contract.

If it transpires after the conclusion of the contract that a particular ordered product is permanently unavailable, we will inform you of this immediately by e-mail. Both parties may then withdraw from the contract.

In the case of withdrawal from the contract in accordance with the two paragraphs above we will immediately refund amounts you have already paid.

We reserve the right to decline your order if the Products are unavailable, payment has not been duly received or we have reason to believe you do not meet the minimum legal age requirement for placing or receiving an order.

 

2.3. PRICE AND PAYMENT

2.3.1. All prices stated on the website are in euros and include the statutory sales tax applicable from time to time. The prices are valid as of the date of the order.

2.3.2. You can only pay for Products using the payment options as indicated on the Website. We do not accept any other method of payment.

2.3.3. All payment orders are processed via a payment service provider. The general conditions of the payment service provider are applicable to any such payment orders.

2.3.4. By using a credit/debit card to pay for your order, you confirm that the card being used is yours.

2.3.5. All cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment to us, we cannot accept your order and will not be liable for any consequent delay or non-delivery.

2.3.6. The invoice amount is due immediately, except in the case of purchase on account.

 

2.4. DELIVERY INFORMATION

2.4.1. Delivery of the Products will only take place within Germany mainland. Unfortunately we are unable to deliver to Heligoland, postal code: 27483 to 27498, and Büsingen, postal code 88266.

2.4.2. You may place an order from outside Germany, however Products must be paid for by a credit or debit card that is registered to a Germany billing address, and must be delivered to the delivery locations specified above.

2.4.3 The estimated delivery date will be indicated in the ordering process and will be confirmed in the shipment notice, which also contains or has a link to a Track & Trace code 

2.4.4. Delivery will be via our third party delivery provider. We are not liable for delayed or incorrect deliveries if caused by circumstances that are outside of our control. If we are unable to meet the estimated delivery date, we will notify you as soon as possible and notify you of a revised delivery time.

2.4.5. Delivery charges may vary depending on promotions or special offers which we may run from time to time. Delivery charges will be in accordance with the terms and conditions of that promotion or offer. Any delivery charges will be clearly displayed to you in the order process prior to you finalising your order, as stated in section 2.2.4.

2.4.6. Orders will be delivered to the address that you specify when placing an order. You may also specify a different recipient for delivery of your order. You acknowledge that any acceptance by you, a nominated recipient, or by anyone else who accepts delivery on your behalf, is evidence of successful delivery having been made, at which point the Products become your responsibility.

2.4.7. The person that accepts the delivery of purchased Products that contains alcohol has to be above legal drinking age. The deliverer can ask for a proof of identity and age and can refuse delivery if no sufficient proof can be provided.

2.4.8. If no one is available to take delivery, our third party delivery provider will leave a note stating that delivery was attempted and will indicate at which location the Products will be stored and can be collected by you. You can also request a second delivery attempt by following the instructions on the note. If you wish to pursue this option, note that it is your responsibility to contact our third party delivery provider to arrange a second delivery of the Products. If the Products cannot be delivered after a second attempt (if such was agreed) or have been picked up within 10 working days after failure of the first attempt delivery, your Products will be returned to us and we will cancel your order.

 

2.5. RETURNS & CANCELLATIONS

2.5.1. If you change your mind about the Products, prior to delivery, you can do this by contacting Customer Services at Contacting Us, otherwise you can cancel your contract with us by following the process below.

2.5.2. Any returned Products should be in a fully re-saleable condition, with exception of Products which are faulty. Care should be taken not to damage or mark the Products or packaging, and returned Products should be complete with all accessories and/or parts. For hygiene reasons, we are unable to accept the return of  , other packaging of beer or other foodstuffs with seals (such as caps or tabs) that have been broken after delivery. We may make a deduction from the reimbursement for any loss in value of any Products supplied to you, if the loss is the result of unnecessary handling or damage by you.

2.5.3. Please note that items purchased on promotion or special offer will be subject to the terms and conditions of that offer and refunded at the offer price, taking into account any discounts applied.

2.5.4. You can also find information of how to cancel and an explanation of how to exercise such rights in the Confirmation Message and on our FAQ page on the Website.

 2 .5.5. Where the customer is a business and either

  • insolvency or bankruptcy proceedings have been instituted against the customer, or if the customer effects a general assignment in favour of its creditors, or if an insolvency administrator is appointed on the basis of the customer’s insolvency, or, in the event that one of these procedures is applied for against the customer and such application is not dismissed within 45 days after its submission, OR
  • is insolvent or itself files an application for protection in connection with a law concerning bankruptcy, insolvency, payment deferral or debt arrangement or debt settlement, OR
  • the customer’s business operations or business activity are discontinued or there are objective and sufficiently concrete indications of such discontinuation,

we are also entitled, without prejudice to other rights, at our discretion,

  • to cancel individual orders and/or
  • suspend deliveries and/or
  • if the goods have been delivered but not yet paid for, notwithstanding previous different agreements, to make the purchase price payable with immediate effect,

 

2.6. PROBLEMS

2.6.1. For general enquiries, if you are having problems with your Product, or you think there may be a fault, please Contact Us to find out how to return your Product.

2.6.2 Subject to the exemptions below, the supplier’s liability for damages is limited as follows:

If essential contract obligations have been breached due to simple negligence on the part of the supplier, the supplier shall only be liable up to the amount of the foreseeable damage typical of the contract concerned. Essential contract obligations are those whose fulfilment is essential for the proper implementation of the contract, whose breach jeopardises the achievement of the contract purpose and which the orderer regularly expects to be fulfilled, so-called "cardinal obligations”.

The supplier is not liable for the breach of non-essential contractual obligations due to ordinary negligence.

The aforementioned exclusion of liability does not apply in cases of compelling legal liability (particularly in accordance with the product liability law) and in the case of the giving of a guarantee or in the case of culpable destruction of life, physical injury or harm to health.

The foregoing limitations of liability also apply in favour of the supplier’s legal representatives and agents, when claims are asserted directly against these parties.

The customer is obliged to take appropriate measures to avert and mitigate any damage.

2.6.3. In so far as a liability exists under the foregoing provisions and the customer is a business, our liability is limited to a maximum of €500,000. The aforementioned exclusion of liability does not apply in cases of compelling legal liability (particularly in accordance with the product liability law) and in the case of the giving of a guarantee or in the case of culpable destruction of life, physical injury or harm to health.

 

2.7. WARRANTY

2.7.1. Subject to the following provisions we are liable for defects in accordance with the applicable legal provisions, in particular §§ 434 ff. of the German Civil Code.

Without prejudice to the rights set out below, all beer dispensing systems which we sell are covered a manufacturer’s warranty of WIK Elektro-Hausgeräte Vertriebs GmbH & Co. Prod. KG.. For details of the applicable warranty terms, please refer to the guarantee provided by such manufacturer in respect of the relevant appliance. If any beer dispensing appliance sold to you develops a defect while under guarantee, or you have any other issue with the Product, you should Contact Us in the first instance.

2.7.2. For other Products, we warrant that they comply with the specifications mentioned with respect to such Products on the Website, are of satisfactory quality and comply with all applicable laws.

2.7.3. We disclaim any and all other warranties, whether express or implied in relation to the Products, to the fullest extent permitted by law. Any warranty or guarantee given under these Terms does not affect your legal rights for faulty or mis-described goods.

2.7.4. Any guarantee or warranty given under this section does not apply to defects in Products which have arisen as a result of fair wear and tear, wilful damage, accident or negligence by you, or any third party, failure to use the Product in accordance with our instructions, or alternation or repair carried out on the Product by you without our prior approval.

2.7.5. It is your responsibility to ensure Products are stored in a safe and appropriate manner. Kegs must be stored in a dry place and must not be exposed to direct sunlight or rain, or stored at temperatures below freezing, or outside or in an open environment.

2.7.6. Claims for the remedying of defects become statute-barred 18 months after the transfer of risk; the same applies with regard to reductions.

 

3. TERMS OF USE OF THE WEBSITE

 

3.1. PRIVACY AND COOKIE POLICY

3.1.1. We collect and process the personal data of visitors of the Website and of persons that enter into a contract with us. We also use several cookies on our Website. Our Privacy Policy and Cookie Policy apply to the use of the Website and form an integral part of these Terms.

 

3.2. INTELLECTUAL PROPERTY RIGHTS

3.2.1. The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the HEINEKEN Company (Heineken N.V. and its affiliates and subsidiaries), its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.

3.2.2. We have a license for use of the visuals on the brand pages for Tiger®, Affligem®, Sol®, Birra Moretti® and Desperados®, the banner and visual in the middle on the homepage (Offset by Shutterstock, Copyright of Cavan Images / Offset.com, Getty Images).

3.2.3 You can use the Website only for purposes in line with these Terms and none of the material listed in clause 3.2.1 above may be reproduced, copied, redistributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission.

3.2.4 You must not use any part of the content on our Website for other purposes without obtaining a license from us or from the other rights holders.

 

3.3. DISCLAIMER

3.3.1. In spite of the continuous care and attention to the content of the Website, we cannot guarantee the completeness and correctness of our Website. We shall not be liable for any damages resulting from the use (or inability to make use) of this Website, including any incorrectness or incompleteness of information placed on the Website. We will only be responsible for any losses that you suffer as a result of our breach and to the extent that they are a foreseeable consequence to both of us at the time you placed the relevant order. Nothing in these Terms shall exclude or limit our liability for death or personal injury resulting from our breach of contract, tort, fraud or negligence, or for any loss which cannot be excluded or limited by applicable law.

3.3.2. We cannot guarantee that the Website will function faultless and without any interruptions. We shall not be liable for damages that may result from the use of electronic means of communication, including, but not limited to, damages resulting from the failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

3.3.3. The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

 

4. MISCELLANEOUS

 

4.1. CONTACT INFORMATION

4.1.1. We are Online Drinks B.V., a company registered in the Netherlands under company number 66503063 and with our registered office at Tweede Weteringplantsoen 21 H, 1017 ZD Amsterdam, the Netherlands. VAT number DE308433839. To contact us, please see our Contact Us page.

4.1.2. You may not transfer any of your rights under these Terms. We may transfer any of our rights or obligations under the Terms or a contract with you to any one of our group companies from time to time.

4.1.3. We are under a legal duty to supply the Products to you in accordance with the contract formed by our acceptance of your order pursuant to these Terms.

 

4.2. CHANGES TO THE TERMS AND CONDITIONS

4.2.1. We advise you to print a copy of these Terms or to save them on your computer for future reference. Please note that we may amend these Terms from time to time. Therefore, every time you use the Website or wish to order any Products, please read and check these Terms before accepting to ensure you are aware of the conditions that apply at that time. We will try and give you reasonable notice of any major changes.

4.2.2. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

 

4.3. GOVERNING LAW AND JURISDICTION

4.3.1 These Terms and any contract entered into shall be governed and construed in accordance with German law and you can bring legal proceedings in respect of the Products in the courts of Düsseldorf, Germany.

4.3.2. We collect the customer’s personal data in order to execute contracts. In doing so we comply with the relevant provisions of data protection law. Details can be found in our Privacy Policy, which can be retrieved at any time in printable form by clicking the link.

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