General terms and conditions

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General Terms and Conditions


General Terms and Conditions

der Breitengrad° CS GmbH, Am Lungenberg 49, 55122 Mainz,
Traderegister-Nr. HRB 42535
- known here after as Breitengrad – for distance contracts via Internet

I. General/Validity

1. These General Terms and Conditions are valid for all orders placed by private persons or legal entities via the Breitengrad Online Shop.

2. Any deviation from these terms must be confirmed and recognised by Breitengrad in writing, or via email.

II. Completion of a contract, payment

Orders placed by customers via the Internet represent are offers of contract to Breitengrad.  Following the placement of an order the customer receives an acknowledgement and a request for payment.   This acknowledgement is not an acceptance of contract.  The contract is valid once the purchase price and shipping costs have been paid in full and Breitengrad has initiated the shipping of the goods.


III:   Delivery

The customer has sole responsibility for the acceptance of goods at the address that was supplied when the order was placed.  The customer carries the costs of unsuccessful delivery. In this case, Breitengrad has the right to withhold the goods.

Breitengrad is freed from the obligation of achievement if unexpected or inevitable events (extreme violence, strike, lack of raw materials, damage to machinery etc.) unreasonably complicate the delivery of goods.

The delivery of goods

We reserve the right of free choice regarding the delivery of consignments to customers.  We use standard packaging and  - when necessary – specially designed packaging (e.g. seaworthy packaging).   Packaging, shipping and transportation charges will be charged to our customers according to the prices on our pricing lists.  It is possible that, in the case of deliveries abroad, additional customs charges or other costs arise.  These additional costs will also be charged to the customer.

Orders for goods that are in stock will be dispatched within three working days.

If the ordered goods are not in stock, then the delivery time (between placement of the order and dispatch of the goods) can extend to 30 days.  This is due to the fact that Breitengrad is also dependent on the punctual delivery of goods from it’s suppliers.

Partial deliveries are possible according to customer consent.  In this case, the costs of transport and packaging will only be charged once.

The acceptance of returned defective goods is not an acceptance of warranty claims or the right to withdraw from a contract.

IV.  Passing of risk and storage recommendations

The delivery of goods takes place at the customer’s own risk.  The delivered drinks must be stored in frost-free condition that is cool and protected from sun and light.  They must be consumed within the best-before date that is printed on the packaging.  At the time of handover of the goods to the customers via the shipping company, all responsibility is transferred to the customer.

Complaints regarding shipping damage (e.g. damaged packaging on receipt of the goods) must be reported immediately to the shipping company within the specified time limits.

V. Warranty

Customer warranty claims are – when legally permissable -  restricted to supplementary performance in the form of the delivery of fault-free goods.  If the supplementary performance has failed twice then the customer has the right of withdrawal.

Breitengrad assumes no liability, either for the continuous and uninterrupted availability of or for the technical or electronic errors of it’s online facility.

The transfer of warranty claims to third parties is excluded.
VI. Empties

Damaged or dirty empties are cannot be returned. Also excluded from return are non-refillable containers and one-way drinks, unless a lawful obligation for the taking back of empties exists.  Breitengrad is not obligated to accept any more empty containers than were originally delivered.  Breitengrad is not obligated to accept empty containers of any other sort than those originally delivered.

Breitengrad has the right to demand the return of re-usable empties, such as tins, bottles, vessels and other re-usable containers.

VII. Retention of title

The goods remain our property until they have been fully paid for.  Any pledge, assignment as security, processing or transformation of goods before the transfer of ownership without our agreement is forbidden.

VIII. Complaints

Complaints, regarding obvious defects in invoices or credit items, must be placed within four weeks of receipt of the given invoice or credit item.  After this deadline we will only accept complaints which refer to non-obvious defects.

Returned goods must remain in their original packing.  If this is not possible, the customer should use packaging that excludes the possibility of damage.  The customer is liable for any damage caused by insufficient packaging.  If the price of the returned goods does not exceed 40 Euros, or if the price of the goods was higher than 40 Euros but the customer has not yet paid the contractually specified partial payment or consideration, then the customer bears the costs of posting for the returned goods.   Otherwise the return of goods remains free of cost for the customer.

IX. Right of withdrawal

According to internet-shop laws, the consumer holds the right of withdrawal for purchased goods subject to the following instructions:

The consumer has the right to withdraw a contractual agreement via the return of goods or in written form (e.g. email or letter).  The withdrawal requires no explanation, and must be made within two weeks.

The time period may begin, at the earliest, once the consumer has received the cancellation (right to withdrawal) instructions, providing that the goods have also been delivered at this point in time.  The calculation of the time period does not include the day on which either the instructions regarding the right to withdrawal were delivered, or the day on which the goods were delivered.

The timely dispatch of the withdrawal is sufficient to ensure that the withdrawal takes place. The withdrawal should be addressed to:

Breitengrad° CS GmbH
Am Lungenberg 49
D-55122 Mainz

In the case of an effective withdrawal, the performance received by both parties is to be returned and any benefits gained (e.g. interest) are to be handed over.

Should the customer not be able to return the goods or return the goods in a partially damaged or otherwise deteriorated condition then the customer will be obligated to a value replacement.  The loss of value due to the regular use of the merchandise remains out of consideration.   This does not apply if the deterioration of the merchandise and the loss of the packaging are exclusively due to the examination of the merchandise - e.g. in a manner that would be customary in a retail store.

- End of the cancellation policy -

X. Data protection

The processing of orders requires the specification of customer information, for example, first names and surnames and a delivery address.  This data will be saved together with your latest order. 

This data will be used exclusively for the processing of your order and any follow-up orders. Your data will be used exclusively for the purpose of completing your order, and will be given, as necessary, to third parties (e.g. shipping companies) exclusively for this purpose.

It is possible to see and change any data which has been saved on your behalf.  Your data may only be completely erased following a written statement via email, or a fax sent to the above-named address.  Please note that such erasure may take a number of days.

XI. Final clause

The laws and rights of the German Republic apply for all points that are not noted in this AGB.  In the event that any provision of these terms and conditions of use is or shall become invalid or unenforceable, the validity of the other provisions shall not be affected.