Goncalves McLaren Sandhöfer Hop Shuttle GbR, Max-Planck-Strasse 9, 66740 Saarlouis (hereinafter referred to as “Hop Shuttle”) offers an online marketplace (hereinafter referred to as “Hop Shuttle Marketplace”) for products of small and micro breweries on the website www.hopshuttle.com. Hop Shuttle thus provides commercial sellers as well as buyers (hereinafter referred to as “Participants”) with the opportunity to sell and purchase a comprehensive range of brewery products.
I. General Provisions
- participation of Hop Shuttle
- contracts concluded on the Hop Shuttle marketplace entitle and bind exclusively the participating buyers and sellers, subject to the following provisions. Hop Shuttle itself only becomes a contracting party to a purchase transaction when its own items are offered for sale.
- hop shuttle does not examine without a concrete suspicion in principle whether the offers stopped by the salesmen on the hop shuttle market place and other contents as well as all data of all participants are legal, truthful as well as complete.
- conclusion of the contract of sale
- the various offers on the Hop Shuttle marketplace do not represent binding purchase offers. A purchase contract between the participants of the Hop Shuttle marketplace is only concluded when the respective seller bindingly accepts the order of a buyer. A confirmation of receipt of the order by Hop Shuttle is not considered as acceptance. 2.
- the articles offered on the Hop Shuttle market place are dispatched by the respective salesmen in principle to the buyer. The seller must expressly agree to pick up the items.
- the payment of the purchase price takes place via the Hop Shuttle payment service (see below).
- payment methods / payment service
- payment settlement for goods purchases is made exclusively directly through Hop Shuttle. Payments are made exclusively through the payment service offered by Hop Shuttle. The goods offered on the Hop Shuttle marketplace can be paid via different payment methods. Hop Shuttle reserves the right to adjust the offered payment methods at any time.
- all invoices will be issued by the sellers with the indication that payments will be processed exclusively by Hop Shuttle.
- for payment processing Hop Shuttle provides a reliable and secure payment processing. Hop Shuttle may also involve third parties in this process:
As soon as the agreed purchase price is received, the seller will be immediately informed about the receipt. The seller is obliged to ship the sold item to the buyer within the delivery time stated in the item description after receiving the information about the payment receipt.
Hop Shuttle will provide the Seller with a statement of the amounts credited to the Seller for the respective previous month no later than the 21st of each month.
The payment of the credited amounts minus the sales commissions will be made independently of the monthly settlement. The payment will be made to the Seller’s bank account stored in the Seller’s account. Hop Shuttle is entitled to set off mutual claims against each other.
A claim for payment does not exist and the payment according to point c) does not take place if and as far as Buyers have not received ordered articles; this also applies if and as far as Buyers have indicated to Hop Shuttle that they have not received articles, unless the Seller can prove the receipt of the articles by presenting a delivery confirmation.
4 General obligations of the participants
- hop shuttle can only verify the identity of participants to a limited extent. It is up to each participant to verify the identity of his or her respective contract partner.
Each participant (seller as well as buyer) has to provide his complete address data including e-mail address when registering his user account; if a buyer orders without registering a user account, he has to provide this data when placing the order.
The participant is responsible for ensuring that the information he or she provides to Hop Shuttle during registration or ordering is true and complete. If he/she provides incorrect or incomplete information, Hop Shuttle is entitled to delete and terminate the account without notice or not to execute the order.
A participant is not entitled to register more than once for the Hop Shuttle marketplace. Hop Shuttle may allow exceptions in individual cases upon request.
Under no circumstances is the Participant entitled to disclose his/her access data and in particular his/her access password to third parties. Should third parties nevertheless gain access to the Participant’s account or should the Participant have other indications of misuse of his account, the Participant must inform Hop Shuttle of this immediately and change his access data.
Each Participant agrees not to disclose to third parties or in any way commercially use data of other Participants obtained in the course of using the Hop Shuttle marketplace. In particular, participants may not send commercial e-mails to other participants or otherwise contact them beyond what is necessary for the processing of transactions made on the Hop Shuttle Marketplace without express prior consent.
Each participant agrees not to place any links or references to external Internet sites, advertisements for offers outside of the Hop Shuttle Marketplace or other content that is not directly related to the Hop Shuttle Marketplace on the Hop Shuttle Marketplace. 7.
The participants transfer to Hop Shuttle a remuneration-free, comprehensive right of use, limited in time to the duration of the contractual relationship, in particular for the reproduction, distribution, revision of all works or parts of works as well as databases or any other catalog or product information, which participants transmit to Hop Shuttle within the framework of the online offer of the Hop Shuttle Marketplace, including the right to publish this content in particular in print media, online, on CD-ROM, etc., also for advertising purposes. to publish it, also for advertising purposes, to use it for the presentation of products on the Hop Shuttle marketplace (e.g. in searches, categories or otherwise); for the presentation of suppliers on the Hop Shuttle marketplace; for the presentation of products and/or suppliers in advertising materials, newsletters, advertising banners or advertisements, regardless of the technical presentation; and for the visualization of further developments or changes to the Hop Shuttle marketplace; as well as to allow other sellers who offer the same product on the Hop Shuttle marketplace to use it, especially as a product image. The right of use does not include company logos, registered trademarks and other trademark rights that a seller transmits to Hop Shuttle for the purpose of selling.
7 Liability of the participants
Each participant indemnifies Hop Shuttle from all claims that other participants or other third parties assert against Hop Shuttle due to the violation of their rights by content posted by the participant or due to the violation of other obligations. In this regard, the Participant also assumes the costs of Hop Shuttle’s necessary legal defense, including all court and attorney fees. This does not apply if the participant is not responsible for the violation of rights.
- sanctions in case of rule violations
- as far as a participant violates his contractual obligations, against the law or against the good customs, Hop Shuttle can react to it at its own discretion as follows:
Hop Shuttle can warn the participant;
Hop Shuttle may delete offers or content of the Participant;
Hop Shuttle may limit the Participant’s authorization to use the Hop Shuttle Marketplace;
Hop Shuttle may temporarily suspend the Participant’s account.
Hop Shuttle may permanently block the Participant’s Account and terminate the Contract.
In the event that Sellers repeatedly include coupons or advertisements for other online offers in the orders placed through Hop Shuttle, Hop Shuttle is entitled to increase the commission by 10% in the following month. The condition is that Hop Shuttle has reported the violation and also the repeated violation to the seller in writing (e-mail is sufficient).
- Hop Shuttle will take into account the legitimate interests of the Participant concerned. However, in case of a violation of the Participant’s contractual obligations, the Participant has no right to continue the contract if Hop Shuttle terminates the usage contract.
9 Term and termination of the contract of use
- the contract of use is concluded for an indefinite period. It begins with the registration of the participant by Hop Shuttle. In case of a purchase without registration of the purchaser, the contract of use begins with the sending of the order.
The participant can terminate the contract with a notice period of 30 days to the end of the month. The obligations to Hop Shuttle and/or other participants already established by the participant during the term of the contract remain unaffected by the termination. 3.
- outstanding sales commissions are due upon termination of the contract.
- hop shuttle can terminate the contract ordinarily with a period of notice of 30 days to the end of the month.
- the right to terminate without notice for an important reason remains unaffected. Hop Shuttle can in particular terminate the contract without notice if:
the participant provides incorrect or incomplete information during registration,
the participant repeatedly violates other contractual obligations and does not cease the violation of obligations even after being requested to do so by Hop Shuttle.
If Hop Shuttle has terminated the contract, the Participant has no claim to the creation of a new account, not even under another name or designation. 7.
- each notice of termination must be made at least in text form. Cancellations by e-mail comply with the text form.
- sales channels and presentation of products
- in order to market the products offered on Hop Shuttle, Hop Shuttle uses in particular, but not limited to, digital sales channels such as ad bookings in search engines, affiliate programs and cooperations, display ads and other digital advertising formats. Upon request, Hop Shuttle will provide sellers with more detailed information on the specific channels used at the time, within the scope of the legal requirements. The channels and measures specifically used by Hop Shuttle change in part at short notice and can therefore not be reproduced here in an up-to-date manner.
2) The ranking – i.e. the order in which products are displayed in a search or in a category on Hop Shuttle – takes various factors into account.
- hop shuttle also acts as a seller on the hop shuttle marketplace. In order to decide which products to offer and how, Hop Shuttle has access to historical sales data and analysis of transactions on the Hop Shuttle marketplace.
11 Data Access
1) Hop Shuttle has access to the following categories of data within the Hop Shuttle Marketplace, both personally identifiable and non-personally identifiable data:
Payment data (limited access only);
2) Hop Shuttle provides Sellers with the following categories of data generated in connection with its use of the Hop Shuttle Marketplace:
Account Data (of the Seller);
Account Data (of the Buyers) – to the extent necessary to process the order;
Order data – as far as they are necessary for the processing of the order or for the commission settlement;
Inventory and product data (of the Seller).
- the above mentioned categories of data are partly provided by Hop Shuttle to third parties, who use these data for further provision or further development and analysis of the Hop Shuttle marketplace:
CRM and marketing software/service providers
Statistics and analysis software/service providers
II. special terms for sellers
- registration as a seller
- only natural persons of full age and legal capacity, legal entities and partnerships can register as sellers.
- after the complete registration Hop Shuttle sends the seller an email with the personal access data necessary for the use of the Hop Shuttle marketplace.
- every seller commits himself to inform Hop Shuttle about all future changes of his data given during the registration without being asked and without delay.
- special duties of the sellers
- sellers have to behave in a legally compliant manner within the scope of their entire business activity conducted via Hop Shuttle and to observe the legal and official requirements for the sale of their goods.
in particular, sellers shall comply with all provisions of consumer protection law. This applies in particular to the proper granting of a right of withdrawal, insofar as this is required by law. Information about the legal requirements can be found here. Hop Shuttle is not obligated to provide sellers with a current cancellation policy. As far as Hop Shuttle suggests to the Sellers a cancellation policy, general terms of contract as well as delivery or shipping terms, these suggestions are not part of the contract of use and no liability is assumed for them.
- every seller commits himself not to offer products whose offering or sale violates the rights of third parties (e.g. trademark rights or copyrights) or morality.
- in the event that third parties assert claims against Hop Shuttle due to the violation of legal or official requirements or the violation of private rights, the seller violating contractual provisions will indemnify Hop Shuttle from all asserted claims upon first request. The indemnification also includes the costs of Hop Shuttle’s necessary legal defense, including court and attorney fees. 5.
- the seller is obliged to offer only such articles, which he can send to the buyer within the delivery time indicated in the article description.
- the seller is solely obliged to determine whether the items offered by him are subject to taxes, duties and/or customs duties and whether they are payable by him.
- the seller is obliged to describe the articles offered by him truthfully and completely. In doing so, he must include all circumstances that are relevant to an average buyer for the purchase decision. In particular, he must inform the buyer about any defects or signs of wear, as well as delivery and shipping conditions. For each item, the seller must indicate the full purchase price to be paid by the buyer, including VAT and any applicable shipping costs.
- the seller is not allowed to place links to external websites in any form within his offer on the Hop Shuttle marketplace. This does not apply to links to other Hop Shuttle offers.
- the seller is only allowed to show the offered article and information about the article in the context of his offer on the Hop Shuttle marketplace. The seller is not entitled to advertise in any form beyond this. Hop Shuttle may allow exceptions in individual cases upon request.
- own store for seller
- hop shuttle provides the seller with its own website (“store”) under its own URL, on which exclusively the seller’s offers are presented. The design of the website will be specified by Hop Shuttle. 2.
- 2) The Seller is solely responsible for the content of the website, and in particular must include an imprint on the website that complies with the statutory provisions.
- the seller is not allowed to place links to external websites in any form, even within the framework of his store. This does not apply to links to other offers of Hop Shuttle.
- the seller is only allowed to show the offered articles and information about these articles in his store. The seller is not entitled to advertise in any form beyond this.
- for each order placed via the Hop Shuttle marketplace Hop Shuttle receives a sales commission from the respective seller. This commission is based on the net purchase price (purchase price excl. VAT) and does not include the statutory value added tax. The amount of the accruing commission depends on the corresponding cooperation contract between the seller and Hop Shuttle. 2.
- the commission accrues for each order mediated via the Hop Shuttle marketplace. This applies regardless of whether the transaction is actually carried out later or is cancelled, for example, due to a withdrawal before or after delivery. The commission is not due if the seller has effectively instructed about the right of withdrawal and a consumer then makes use of his statutory right of withdrawal.
- accruing sales commissions are immediately offset against the seller’s credit balance. The difference amount will be credited or debited to the seller.
the amount of the commission can be changed by Hop Shuttle. The amended fees will be sent to the Seller by e-mail no later than two weeks before they come into force. If the Vendor does not object to the application of the new fee rates within two weeks after receiving the e-mail, the amended fees shall be deemed accepted. Hop Shuttle will separately inform the Seller of the significance of this two-week period, the right to object, and the legal consequences of silence in the e-mail containing the amended fees. If the Vendor objects to the amended fee schedule within the aforementioned period, Hop Shuttle is entitled to terminate the contract without notice.
- III. special regulations for the buyer
- the buyer confirms with the registration and/or the order that he is of full age, fully legally competent and able to pay the purchase price.
- IV. Special provisions for Hop Shuttle
- warranty and liability
- Hop Shuttle will make every effort to provide the Hop Shuttle marketplace as uninterrupted as possible. However, Hop Shuttle does not guarantee a specific availability rate. In particular, no liability is assumed for force majeure, such as server failures of the provider for which Hop Shuttle is not responsible, power failures or manipulations by third parties.
- hop shuttle is not a contractual partner of a purchase transaction between seller and buyer and does not assume any warranty for the object of purchase.
- hop shuttle does not guarantee that the sellers and buyers comply with the legal regulations incumbent upon them, (e.g. consumer protection rights). Hop Shuttle will, however, in the case of a concrete suspicion of a legal violation by a participant, examine the facts and, if necessary, work towards the elimination of the legal violation.
- 4 The liability of Hop Shuttle for and in connection with the provision of the Hop Shuttle marketplace, regardless of the legal reason, is determined by the following regulations:
- Hop Shuttle is liable for intent and gross negligence as well as in the case of personal injury (injury to life, body and health) without limitation, but for slight negligence only in the case of breach of material contractual obligations, delay and/or impossibility for which Hop Shuttle is responsible. The liability in case of violation of such an essential contractual obligation is limited to the damage typical for the contract, which Hop Shuttle had to expect at the time of conclusion of the contract due to the circumstances known at that time. The essential contractual obligations include in particular the provision and enabling of the use of the Hop Shuttle marketplace.
- Hop Shuttle is liable for the loss of data in accordance with the above paragraphs only if such a loss could not have been avoided by reasonable data security measures on the part of the Participant.
- Otherwise, Hop Shuttle’s liability is excluded. The regulations of the product liability law remain unaffected.
- data protection
- Hop Shuttle attaches great importance to the protection of the participant data. Personal data of the participant will only be collected, processed or used if the participant has consented or if the Federal Data Protection Act (BDSG), the Telemedia Act (TMG) or another legal regulation orders or permits it. Further details are determined by the data protection declaration.
- final provisions
- The participants can only offset against Hop Shuttle’s claims with undisputed or legally established counterclaims. The participant can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
- The participant can transfer rights and obligations from the contracts with Hop Shuttle to a third party only after prior written consent by Hop Shuttle.
Insofar as the participant is a merchant, a legal entity under public law or a special fund under public law or does not have a registered office in Germany, the registered office of Hop Shuttle is the place of jurisdiction. Hop Shuttle is free to assert claims at the courts of the general jurisdiction of the customer. An exclusive place of jurisdiction remains unaffected by this.
Status: January 2021
We would like to let you as a buyer on our platform buy super beer from real micro and nano breweries. In order to fulfill this claim, however, your assistance is required: Please observe the following principles regarding your order on Hop Shuttle. Thank you very much!
As a private buyer, you are entitled to a right of withdrawal and return from commercial dealers within the withdrawal period. The seller specifies the cancellation period in his cancellation policy. You can find the seller’s cancellation policy in their stores at Hop Shuttle. The revocation has to be addressed to the seller.
Send the item by registered mail to the seller, so that you can prove the return in case of loss in the mail. The refund of the resulting return postage is thereby regulated by the cancellation policy of the seller.
- hop shuttle service
If an item is lost in the mail, Hop Shuttle will refund the full purchase amount, including postage, subject to the following provisions.
Discrepancies due to an item not being received must be reported to Hop Shuttle at info@HopShuttle.com within two weeks of the agreed delivery period. At a later date, it is often impossible for us or the seller to understand how or where the item was lost.
We will not refund the purchase price if
the buyer has not reported the non-receipt within 2 weeks, or
the brewery can prove the receipt of the article by presenting a delivery confirmation.
- return of purchased articles
If you wish to return a purchased item to the seller for any other reason, please send a claim email to Hop Shuttle regarding further procedures. Send the item to the seller by registered mail so that you can prove the return in case of loss.
Our customers have high expectations of Hop Shuttle and of you as a brewer. We want to support you in your efforts to provide the best possible service and have therefore established binding principles for all breweries on Hop Shuttle. In this way, we ensure fair competition on the platform and guarantee the customer a uniformly good service.
The Hop Shuttle team is of course available to answer any questions you may have.
- article shipment
Items must be shipped within the specified shipping time. If nothing is specified in the item description, the shipment must be made within 3 days after payment confirmation. Shipment may not be confirmed to Hop Shuttle and the Purchaser until it has been made. Each shipment must be accompanied by an invoice stating that payment was made through Hop Shuttle. Each shipment shall also be accompanied by return shipment information for the Buyer.
- item availability
If more than 3 offered items are not available within 4 weeks, Hop Shuttle reserves the right to take sanctions.
Items that have not been shipped by the seller in the merchant backend 85 days after Hop Shuttle receives the money will be automatically cancelled on behalf of the seller. In doing so, the seller will be charged the commission.
- response to complaints and inquiries from our customer service department.
Brewers have to react promptly to complaints from buyers (complaints) and inquiries from our customer service. If there is no response within 4 days, the complaint case may be decided in favor of the buyer.
- items that have not arrived
If a buyer states that he has not received the item, we will request proof of delivery from the seller; this must show the recipient’s address. If this is not available, the case may be decided in favor of the buyer.
- returned articles
In the event of a return, you are required to notify Hop Shuttle by email of the receipt of the return.
- If you have no access to your e-mails and your Hop Shuttle brewery account for more than 4 working days, the offered items have to be paused.
- shipping of FSK-18 articles, JuSchG
- You are obligated to comply with all provisions of the German Youth Protection Act (JuSchG). Articles that are subject to the JuSchG may only be sent to authorized persons by registered mail in person.
- rights of third parties
- You are obliged to ensure that the products you sell and the way they are presented do not violate any third party rights.
- own advertising
- You are not allowed to use the personal data obtained through Hop Shuttle for further advertising. In particular, it is forbidden to put your own advertising on the consignment of goods, to send advertising e-mails to the Customer or to call or write to the Customer for advertising purposes.
- advertising for the Hop Shuttle
- You are obligated, within reason, to support Hop Shuttle in its marketing efforts. To this end, we may provide you with promotional materials free of charge.