Phone: +49 40 3690 1973
Legal form: Limited Liability Company
Headquartered in: Hamburg, Germany
Registered in: Germany at the Hamburg District Court HRB 145029
VAT number: DE310413604
Managing Director: Herr Jan-Peter Stölken
All the information on this website is published in good faith and for general information purpose only. Reepbana GmbH does not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information on this website is strictly at your own risk and Reepbana GmbH will not be liable for any incidental, indirect or consequential losses and damages in connection with the use of its website.
From this website, you can visit other websites by following hyperlinks to these sites. While Reepbana GmbH strives to provide only links to useful and ethical websites, Reepbana GmbH has no control over the content and nature of these sites and the links to other websites do not imply a recommendation for all the content found on these sites.
Please also be aware that when you leave this website, other sites may have different privacy policies and terms which are beyond the control of Reepbana GmbH.
The written content on this website and all product images and logos are copyright of Reepbana GmbH. None of these may be distributed or copied for any commercial purpose or financial gain.
Data protection declaration
The protection of your personal data is very important to us. For this reason, we process your data exclusively on the basis of legal regulations (GDPR - General Data Protection Regulations, TKG - German Telecommunications Act 2003). In this data protection declaration, we inform you about the most important aspects of the processing of personal data in connection with the use of our website www.reepbana.de, the related sub-pages and possible related social media sites.
1. Name and contact data of the responsible data processing entity
Responsible data processing entity:
2. Collection and storage of personal data and the nature and purpose of its use
a) When visiting our website
When you visit our website www.reeper-b.com and its associated sub-pages, the browser used on your device automatically sends information to the server of our website. This information is temporarily stored in a so-called log file. In particular, the following information is collected without requiring your intervention and stored until it is automatically deleted:
- The IP address of the requesting computer,
- Date and time of access,
- Name and URL of the retrieved file,
- The website from which access is made (referrer URL),
- The browser used and, if applicable, the operating system of your computer as well as the name of your access provider.
The above-mentioned data is processed by us for the following purposes:
• Ensuring smooth connection to the website,
• Ensuring convenient use of our website,
• Evaluation of system security and stability
• For further administrative purposes.
b) When contacting us via our website
Due to legal regulations, our website contains information that enables quick electronic contact with us and our contact persons, which also includes a general so-called electronic mail address (email address). If you contact us by email, the personal data you provide will be automatically saved. This personal data which is submitted on a voluntary basis will be stored for processing purposes or for the purpose of contacting you.
c) For job applications and during the job application procedure
We collect and process the personal data of applicants for the purpose of processing applications. This processing can also be done electronically. This is particularly the case when an applicant has sent corresponding application documents to us by electronic means, e.g. via email. If we conclude a contract of employment with an applicant, the data transmitted will be stored for the purpose of the employment in compliance with the legal requirements. If we do not conclude a contract of employment with the applicant, the application documents will be automatically deleted after notification of the decision not to employ the applicant, provided that deletion does not conflict with any other legitimate interests on our part. Another legitimate interest in this sense is, for example, the preservation of the possibility of evidence in a possible legal dispute under the General Equal Treatment Act (Allgemeinen Gleichbehandlungsgesetz).
3. Distribution of data
Distribution of your personal data to third parties for purposes other than those listed below does not take place. We only share your personal information with third parties if:
• You provide your express consent pursuant to Art. 6 para. 1 sentence 1 lit. a GDPR to this purpose
• Distribution of your data pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR is required to assert, exercise or defend legal claims and there is no reason to assume that you have a predominantly legitimate interest in not disclosing your data,
• In the event that the disclosure pursuant to Art. 6 para. 1 sentence 1 lit. c GDPR is a legal obligation, and
• This distribution of data is legally permissible and pursuant to Art. 6 para. 1 sentence 1 lit. b GDPR is required for the settlement of contractual relationships with you.
5. Analytics and tracking tools
Our website www.reeper-b.com uses Google Analytics a web analytics service provided by Google.
6. Rights of affected persons
You have the right:
• Pursuant to Art. 15 GDPR, to request information about your personal data processed by us. In particular, you request information on the processing purposes, the category of personal data, the categories of recipients to whom your data has been disclosed, the planned retention period, the right to rectification, deletion, limitation of processing or objection, the existence of the right to complain, the origin of your data if not collected by us, and the existence of automated decision-making including profiling and, where appropriate, meaningful detailed information about this;
• Pursuant to Art. 16 GDPR, to immediately demand the correction of incorrect or complete personal data stored by us;
• Pursuant to Art. 17 GDPR, to demand the deletion of your personal data stored by us, unless the processing is required for the exercise of the right to freedom of expression and information, for the fulfillment of a legal obligation, for reasons of public interest or for the assertion, exercise or defense of legal claims;
• To demand the restriction of the processing of your personal data pursuant to Art. 18 GDPR, in the case that the accuracy of the data is disputed by you, the processing is unlawful, yet you reject its deletion and we no longer need the data, but you require this for the assertion, exercise or defense of legal claims or you have objected to the processing of your data pursuant to Art. 21 GDPR;
• Pursuant to Art. 20 GDPR, to receive your personal data provided to us in a structured, commonplace and machine-readable format or to request transmission to another responsible body (data portability);
• Pursuant to Art. 7 para. 3 GDPR, to revoke your once given consent to us at any time. As a result, we are not allowed to continue the data processing based on this consent in the future and
• To complain to a supervisory authority pursuant to Art. 77 GDPR. As a rule, you can contact the supervisory authority of your usual place of residence or work or our company headquarters.
7. Right of objection
If your personal data are processed based on legitimate interests pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR, you have the right to file an objection against the processing of your personal data pursuant to Art. 21 GDPR, provided that there are reasons for this arising from your particular situation or the objection is directed against direct mailing. In the latter case, you have a general right of objection, which is implemented by us without specifying any particular situation. If you would like to exercise your right of revocation or objection, please send an email to email@example.com.
8. Data security
9. Actuality and changes to this data protection declaration
This data protection declaration is currently valid and is valid as of May 2018. As a result of the further development of our website and services thereof or due to changes in legal or official requirements, it may be necessary to change this data protection declaration. The current data protection declaration can be accessed and printed by you at any time from the website at https://www.reeper-b.com/legal .
General Terms and Conditions of Sale and Delivery of Reepbana GmbH
1. Scope of Application
1.1. All deliveries, including, but not limited to the delivery of beer, beer-based mixed drinks, and non-alcoholic beverages (the “Goods”), services and offers (“Deliveries”) by Reepbana GmbH (“Supplier”) shall be made exclusively on the basis of the present General Terms and Conditions of Sale and Delivery (“T&C”). These T&C shall constitute part of all contracts, which the Supplier is concluding with its contracting partners (“Customer“) regarding its offered Deliveries. They shall also apply to any future Deliveries to the Customer.
1.2. Terms and conditions of the Customer or of third parties shall not apply. This shall apply in particular if the Supplier does not object to their application in the individual case or if the Supplier makes reference to a letter, which contains or refers to the terms and conditions of the Customer or a third party.
2. Offers and Conclusion of Contract
2.1. All of the Supplier’s offers are made subject to change and non-binding, unless they have been explicitly identified as binding or if they include a specific acceptance period.
2.2. The Customer’s order shall constitute an offer to conclude a contract. It may be accepted by the Supplier within [fourteen days] from receipt in form of an order confirmation (“Acceptance“).
2.3. Information provided by the Supplier regarding the subject matter of the contract shall not constitute guaranteed features. Customary deviations shall be permitted.
3. Prices and Payment
3.1. The list prices valid on the day of Acceptance shall be relevant, if the Parties have not expressly agreed upon otherwise. All prices are net prices and are stated in EURO ex place of performance (cf. Sec. 7.1), plus applicable statutory sales tax, beer tax, costs for packaging and loading (on pallets or hand-loading), freight, insurance, and postage, and, e.g. in case of export Deliveries, plus applicable duties, charges, and other taxes public levies for import, export and transit of the Goods.
3.2. Price changes shall take effect upon announcement to the Customer.
3.3. Prices according to the price list shall refer to acceptance by pallet and delivery by forklift or by hand-loading, without any manual labor and waiting periods. Additional and special Deliveries (including, but not limited to allowances for difficult conditions) as well as additional materials necessary for a secure loading (including but not limited to tarps, airbags, telescopic bars, empty pallets) shall be charged separately.
3.4. As a matter of principle, any payments shall be used towards the oldest debt, unless the Customer has given specific written redemption orders to the contrary.
3.5. The payment term is prepayment, unless otherwise stated by the Supplier.
3.6. Usually, payment shall be made by remittance, unless a different type of payment has been stipulated (e.g. cheque, draft, cash payment, irrevocable confirmed letter of credit in English language).
3.7. Offset against the Customer’s counter-claims or withholding payments due to such claims may be made only to the extent that such counter-claims are undisputed or have been established as final and absolute. The Customer shall be entitled to assert rights of retention only due to counter-claims under the same contractual relationship.
3.8. If the Customer is in default, any outstanding payments shall bear interest at the respective applicable statutory default rate, starting from the due date. The assertion of additional default damages shall remain reserved. The Supplier’s claim against merchants to the commercial maturity interest (Sec. 353 HGB [German Commercial Code]) shall not be affected.
3.9. The Supplier shall be entitled to perform outstanding Deliveries or performances only against advance payment or security if after conclusion of the contract it obtains knowledge of facts that might significantly affect the Customer’s creditworthiness and that jeopardize payment of the Supplier’s open receivables by the Customer under the respective contractual relationship – including under other individual orders subject to the same framework agreement.
3.10. The Customer shall verify accuracy and completeness of balance confirmations and other settlements by the Supplier and shall raise objections within two weeks from receipt of such balance confirmation or settlement with the Supplier. If the Supplier previously had notified the Customer in the balance confirmation or settlement about the option to object, it shall be deemed approved.
4.1. The Delivery periods and deadlines specified by the Supplier shall be non-binding, unless a period or deadline has been stipulated as binding. Periods and deadlines shall refer to the time of transfer of the Goods – commencement of loading shall be decisive – to the freight forwarder, carrier, or to any other third party instructed to transport the Goods at the place of performance (cf. Sec. 7.1) (“Transfer“).
4.2. Delivery shall be subject to the timely and due performance of the Customer’s obligations.
4.3. The Supplier shall be entitled in the event of delays in Delivery or other performances due to force majeure or due to other events, which at the time of conclusion of the contract were not foreseeable (e.g. disruptions of operations of any kind, difficulties in procurement of material or energy, transport delays, strikes, lawful lock-outs, lack of labor, energy, or raw materials, difficulties in procurement of required regulatory permits, regulatory actions or lack of, incorrect, or delayed delivery by suppliers), which the Supplier is not responsible for, to postpone Delivery for the term of such impediment, plus a reasonable start-up time. The Supplier shall notify the Customer without delay about the relevant facts, unless they are generally known. If the delay in Delivery or other performances continues for more than one month, the Parties may revoke the contract. Such revocation of contract shall affect only the respective Delivery; the existence of continuing obligations shall not be affected.
4.4. The Supplier shall be entitled to make partial Deliveries only if (cumulative) (i) such partial Delivery is usable by the Customer as part of the contractual purpose, (ii) Delivery of the remaining ordered Goods has been ensured, and (iii) the Customer will, because of such partial Delivery, not incur considerable additional expenses or additional costs, unless the Supplier agrees to cover such costs.
4.5. If the Supplier is in delay with a Delivery or if any Delivery becomes impossible for any reason whatsoever, the Supplier’s liability shall be limited in accordance with Sec. 10 of the present Terms and Conditions of Sale and Delivery.
5. Retention of Title
5.1. The Goods delivered by the Supplier to the Customer shall remain the property of the Supplier until all present and future receivables of the Supplier resulting from the ongoing business relationship have been paid in full.
5.2. The Supplier may revoke the agreed date of collection of the Goods if the Customer has not met its payment obligation 3 days before loading. The Customer shall bear all costs resulting from such cancellation before the Supplier and any third party.
5.3. The Customer may resell the Goods that are subject to such retention of title as part of its normal business transactions. Pledges or transfers by way of security by the Customer shall not be permitted.
5.4. If third parties access Goods delivered subject to retention of title, in particular by way of pledge, the Customer shall notify them without delay about the Supplier’s title and shall inform the Supplier of the above so as to enable it to enforce its property rights. If the third party is unable to compensate the Supplier for the judicial and extra-judicial costs incurred in this connection, the Customer shall be liable vis-à-vis the Supplier for the above.
5.5. In case of resale, the Customer herewith assigns to the Supplier by way of security any and all claims under such resale against the buyer. The Supplier accepts such assignment. The same shall apply to other claims replacing the reserved goods or claims arising with regard to the reserved goods, such as e.g. insurance claims or claims under tort in case of loss or destruction. The Customer shall remain entitled to collect the claim even after the assignment. The Supplier may revoke the collection authorization at any time, including if the Customer fails to meet its payment obligations, suspends payments or if insolvency proceedings are filed or instituted against the Customer’s assets or are dismissed for a lack of assets. The same shall apply in case of similar proceedings under laws other than those of the Federal Republic of Germany.
5.6. If the Customer’s claims under the resale of reserved goods are included in an open account, the Customer shall herewith assign its payment claim under the respective or acknowledged balance, i.e. in the amount of claims due to the resale of reserved goods. If the reserved goods are sold together with other products for a total price, then the above assignment shall apply only in the amount of the invoice value of the reserved goods.
5.7. If the value of all security rights due to the Supplier under these provisions exceeds the amount of all secured claims against the Customer by more than 30%, the Supplier shall upon the Customer’s request be required in this aspect at its own option to release security to that extent.
6.1. Empties intended for reuse and means of transport (including, but not limited to pallets, containers with fixed wheels, boxes, multi-trip bottles, carbonic acid containers, kegs, premix or postmix containers) (“Empties”) shall remain the unalienable property of the Supplier and shall be left to the Customer only temporarily for the intended use.
6.2. To secure title and claims to return of the Empties, the Supplier shall charge a token payment according to the respective applicable price list plus sales tax, which shall be due and payable together with the purchase price, plus sales tax. The token payment shall merely constitute security and shall in no case be used as a basis for deductions and compensation of any kind.
6.3. The Supplier shall maintain a separate account for the token payment paid by the Customer. The Supplier shall issue credit for returned Empties. Sec. 3.10 (Acknowledgment of Balance Confirmations) shall apply accordingly.
6.4. The Customer shall be obligated to return the Empties without delay in proper condition to the Supplier.
The Supplier shall only be subject to the obligation to take back the above-specified Empties in the same way, in which it previously had been delivered by the Supplier. The Supplier may reject unreasonably high additional returns. The Supplier shall not be required to take back transport containers (full cardboard boxes, trays) or other one-way packaging material. If pallets (Euro-/Epal-/Düsseldorfer pallets) are used for multi-trip transports, such pallets shall in case of Euro or Epal pallets be replaced without delay upon delivery by the Customer and in case of Düsseldorfer pallets shall be properly stored and returned by the truck load (900 – 1000 pallets) to the Supplier.
6.5. The Customer shall replace any Empties, which have not been returned or which have been damaged at their replacement value, minus a 30% discount (deduction new for old), taking into account any paid token payment. The Customer may provide evidence of lower damage.
6.6. If and to the extent that single-use packaging is delivered, to the extent applicable, it shall be subject to token payment in accordance with the packaging regulations.
7. Place of Performance, Passage of Risk, Transport
7.1. Place of performance of all obligations of Customers and Supplier in connection with the present contractual relationship, including, but not limited to the Customer’s payment obligation, shall be the Supplier’s corporate seat.
7.2. The risk of deterioration or loss of the Goods shall pass to the Customer upon transfer in accordance with Sec. 4.1. The same shall apply to partial Deliveries or performances other than beer deliveries. If the transfer is delayed due to facts caused by the Customer, the risks shall pass to the Customer on the day on which the Supplier is ready for shipment and has notified the Customer accordingly.
7.3. Storage costs after the passage of risk shall be borne by the Customer. In case of storage by the Supplier, storage costs shall be 0.25% of the invoice amount of the stored delivery items per complete week. The right to assert and prove additional or lower storage costs shall be reserved.
7.4 Unless instructed otherwise by the Customer, the Supplier shall – taking into account the due diligence of a prudent businessman – determine on behalf of the Customer means of transport, route of transport, and transport insurance. The Supplier shall not be obligated to select the fastest or cheapest transport.
The list of necessary documents and details thereof, including the bill of lading, shall be agreed upon by the parties separately in writing prior to order execution. A bill of lading is a legal document issued by a carrier to a shipper that details the type, quantity, and destination of the goods being carried. The shipper, for the sake of these General Terms and Conditions, is the Customer and the Customer shall communicate it as such to the carrier, other than if otherwise agreed with the Supplier in writing prior to order execution.
8. Customer’s Obligations
8.1. The Customer shall be obligated to store and transport the Goods in adequate conditions (in particular protected against frost, cool, and protected against sunlight and light) and shall ensure quick handling, taking into account the expiry date. The ideal storage temperature for the beer delivered by the Supplier is approx. 8º Celsius (46.4º Fahrenheit).
9.1. The delivered Goods shall be carefully inspected without delay upon handover to the place of handover specified by the Customer or to a third party specified by the Customer (“Handover”). The Customer shall notify the Supplier of defects as follows:
9.1.1 Within seven business days from Handover in case of apparent defects or defects, which were detectable during immediate and careful inspection;
9.1.2 In case of defects other than those specified in Sec. 9.1.1. within seven business days from detection of the defect or from the point in time, when the defect was detectable by the Customer or a designated third party in case of normal use without further inspection, but in any event prior to the expiry date of the relevant Goods, unless the Customer is able to prove that the defect already existed previously.
9.2. If defects are not reported in due time, claims (of any type whatsoever) on the part of the Customer due to such defects shall be excluded.
9.3. In case of defects of the delivered Goods, the Supplier shall at its own discretion within a reasonable period of time initially have the right and the duty to improve subsequently or to provide replacement. The Customer may cancel the contract or reduce the purchase price if subsequent improvement or replacement delivery has failed twice in a row.
9.4. In case of failure to comply with the storage temperature, complaints due to possible defects of the Goods shall be excluded.
10.1. Any liability on the part of the Supplier under or in connection with this contract of any type whatsoever shall be subject to the provisions of this Sec. 10.
10.2. The Supplier shall be liable for intention and gross negligence, in case of culpable breach of material contractual obligations, and in case of injuries to life, body, or health as well as under the Product Liability Act (Produkthaftungsgesetz – ProdHaftG). A material contractual obligation is an obligation, the fulfillment of which only enables the proper execution of the contract at all and with which the Customer relies and may as a rule rely on its compliance.
10.3. In the absence of any intentional breach of contract, liability for damages shall be limited to the foreseeable and typical damage.
10.4. Otherwise, any liability on the part of the Supplier shall be excluded.
10.5. The above exclusions and limitations of liability shall equally apply in favor of the executive bodies, legal representatives, employees, and other assistants of the Supplier.
11.1. If the Supplier cancels the Contract because the Customer has acted in breach of Contract – including, but not limited to delay in payment – it shall be entitled to demand surrender of the reserved goods. The Customer herewith permits the Supplier for this purpose to access the Customer’s premises for such purpose and to procure removal of the reserved goods by the Supplier or by authorized third parties.
12. Trade Brands
12.1. If the Supplier is producing and delivering a trade brand on behalf of a Customer, the Customer shall guarantee that he holds any and all licenses, trademarks, and other intellectual property rights or other rights under another legal system applicable for the territory where the trade brand is produced and/or sold, which are required for production (including by the Supplier) or sale of such trade brand.
12.2. The Customer shall indemnify the Supplier upon first request in connection with any violation of the rights set forth in Sec. 12.1.
12.3. The Customer shall in particular in case of purchase of trade brands be obligated to take all ordered Goods.
12.4. If the Supplier is producing Goods as a trade brand for the Customer and if the Customer takes only a smaller quantity than the stipulated quantity, the Customer shall be obligated to take the empty cans/bottles kept by the Supplier for the trade brand or cover the costs for their production and proper disposal.
13. Formal Requirement, Different Agreement, Notifications
13.1. Agreements and notifications in connection with this contractual relationship may be given by fax, e-mail, or in writing.
13.2. Agreements differing from the present T&C or other agreements by the Parties shall require one of the forms set forth in Sec. 13.1 to be valid.
14. Final Provisions
14.1. If the Customer is a merchant in the sense of the German Commercial Code (Handelsgesetzbuch – HGB), a separate legal entity under public law or a separate fund under public law, the sole legal - also international - venue for all disputes arising directly or indirectly from the contractual relationship between the Parties shall be the Supplier’s seat of business in Hamburg (Germany). The Supplier shall also be entitled to file a legal action at the Customer’s seat of business. Mandatory statutory provisions regarding exclusive venues shall not be affected by this provision.
14.2. Any and all contractual relationships between the Supplier and the Customer, including the present Terms and Conditions of Sale and Delivery, shall be governed by the laws of the Federal Republic of Germany, under exclusion of the UN Convention on International Sale of Goods.
Status December 2021