General terms and conditions

2.4.2 Exclusivity

The Seller undertakes not to use the services of any other intermediary in relation to the service or project to be marketed for the duration of the contract. He further undertakes to prohibit any mediation activity by third parties.

In the event of a breach of this obligation, the seller must pay Brew&Bev® compensation in the amount of the lost commission or a contractual penalty of €2,000, at the latter's discretion. With regard to the commission, the sales price actually achieved by the seller is taken as a basis.

2.4.3 Change in minimum price

The seller may, in the case of the mediation of a service, reduce the fixed minimum price, and in the case of the mediation of a project, reduce the fixed best price, by notifying Brew&Bev® in writing at any time before the conclusion of a sales contract. A unilateral increase of the minimum price or change of the best price is excluded.

2.4.4 Information

The seller authorises Brew&Bev® to inspect the documents of third parties necessary for the implementation of successful marketing and undertakes to provide copies of its own documents (access statistics, etc.) if necessary for the duration of the contract. Brew&Bev® will only collect such data after prior consultation with the seller.

2.4.5 Third party rights

The Seller expressly assures that the service or project to be brokered and/or its use does not infringe any third-party rights, in particular company, name and trademark rights. A check in this respect falls within the scope of the seller's duties. The latter shall indemnify Brew&Bev® in full against any claims for compensation by third parties which are based in particular on the brokerage activity for the service.

2.5 Obligations of Brew&Bev®

2.5.1 Mediation activity

Brew&Bev® undertakes to act in the interest of the seller immediately after the conclusion of the contract and to explore the opportunities that arise for the conclusion of a purchase contract. The Brew&Bev® is committed to finding a buyer for the service or project to be marketed. Brew&Bev® will make every effort to keep the seller informed of the current status of the negotiation.

2.5.2 Information of the seller

Information on the prospective buyers, the maximum price, the minimum prices and the best prices of these prospective buyers will be communicated to the seller within the term of the brokerage contract, generally every 2 weeks, in each case via his mailbox on the Brew&Bev® platform, unless otherwise stipulated in the brokerage contract. After the expiry of the term specified in the brokerage contract, the seller decides from the purchase offers submitted to him and informs Brew&Bev® of his decision within 2 weeks after the expiry of the term specified in the brokerage contract, unless otherwise specified in the brokerage contract.

In the event that Brew&Bev® is commissioned to initiate a purchase agreement, Brew&Bev® will consult with the seller prior to the conclusion of this purchase agreement and inform the seller of the terms negotiated with a person interested in the service or project.

Brew&Bev® will, in the event of the commissioning of a purchase contract on behalf of the seller, submit the contract signed by the buyer for approval and internal countersignature of his consent before the conclusion of this purchase contract.

2.6 Fees

The seller is obliged to pay a one-off administration fee to Brew&Bev® for processing the brokerage. This administrative lump sum is not refundable.

In the event of the conclusion of a sales contract for the service or project to be brokered through the activities of Brew&Bev®, the seller is obliged to pay the brokerage commission to which Brew&Bev® is entitled.

The applicable fees result from the Brew&Bev® price list valid at the time of the conclusion of the contract here.

The commission will only be settled by Brew&Bev® in the course of the transfer (cf. No. 4). If the transfer fails through no fault of the seller, no commission is due.

2.7 Running time

Unless otherwise stipulated in the contract, the brokerage contract is concluded with the seller for a period of six months, starting from the date of conclusion of the contract.

It shall be extended by a further 3 months in each case if it is not terminated at least 2 weeks before the respective date of expiry of the contract period. Cancellations must be made in writing.

This shall not affect the right to extraordinary termination due to breach of an obligation under this brokerage contract by the other contracting party.

3. Service mediation for the buyer

The contract only comes into existence through the explicit acceptance of a contract offer ("application") of the buyer by Brew&Bev®.

The buyer gives Brew&Bev® the exclusive mandate for the brokerage of sales contracts for a service to be exclusively brokered. Brew&Bev® endeavours to contact the owner of the service to be arranged and to persuade him to sell.

3.1 Application of the buyer

The buyer must provide Brew&Bev® with all data relevant to the purchase of the respective service in his application. Which data is relevant is determined by Brew&Bev® and requested electronically during the application process.

3.2 Review of the application

Upon receipt of the application, Brew&Bev® will review the application and accept or reject the application within a reasonable time, usually within two business days. The buyer will be informed by email about the acceptance or rejection of his application. Upon receipt of the acceptance, the brokerage contract comes into effect. The buyer must guarantee the accessibility of his email box specified in the Brew&Bev® customer account at all times.

3.3 Written confirmation

Brew&Bev® may, against the background of high-priced brokerages, send copies of the terms and conditions of the conclusion of the contract made herein to the buyer offline, in whole or in extracts. In these cases, the buyer agrees to sign them and then return them to Brew&Bev®.

3.4 Obligations of the buyer

3.4.1 Power of attorney to conclude contracts

The buyer authorises Brew&Bev® to conclude purchase contracts up to the maximum price set by him during the application process or later. Brew&Bev® acts as a representative on behalf of the buyer.

3.4.2 Exclusivity

The buyer undertakes not to use the services of any other intermediary in relation to the service or project to be brokered for the duration of the contract. He further undertakes to prohibit any mediation activity by third parties.

In the event of a breach of these obligations, the buyer must pay Brew&Bev compensation in the amount of the lost commission or a contractual penalty of €2,000, at the latter's discretion. With regard to the commission, the sales price actually achieved by the buyer is taken as a basis.

3.4.3 Change in the maximum price

The buyer may increase the fixed maximum price by notifying Brew&Bev® in writing at any time before the conclusion of a purchase contract. A unilateral reduction of the maximum price is excluded.

3.4.4 Third party rights

The Buyer expressly assures that the service or project to be procured and/or its use does not infringe any third-party rights, in particular company, name and trademark rights. A check in this respect falls within the scope of the buyer's obligations. The latter shall indemnify Brew&Bev® in full against any claims for compensation by third parties which are based in particular on the brokerage activity for the service.

3.5 Obligations of Brew&Bev®

3.5.1 Mediation activity

Brew&Bev® undertakes to act in the interest of the buyer immediately after the conclusion of the contract and to explore the opportunities that arise for the conclusion of a purchase contract. Brew&Bev® will make every effort to keep the buyer informed of the current status of the negotiations.

3.5.2 Anonymity

Brew&Bev® will consult with the buyer before concluding a purchase contract and inform him of the conditions negotiated with the authorised person. Should this consultation hinder the conclusion of the purchase contract and the conditions are within the power of attorney (cf. No. 3.4.1), Brew&Bev® may, unless otherwise stipulated in the brokerage contract, conclude the contract without such consultation.

3.6 Fees

The buyer is obliged to pay a one-off administration fee to Brew&Bev® for processing the brokerage. This administrative lump sum is not refundable.

In the event of the successful conclusion of a purchase contract for the service or project to be brokered, through the action of Brew&Bev®, the buyer is also obliged to pay the brokerage commission to which Brew&Bev® is entitled.

The applicable fees and commissions result from the Brew&Bev® price list valid at the time of the conclusion of the contract here.

The commission shall only be settled by Brew&Bev® within the framework of the transfer (cf. No. 4). If the transfer fails through no fault of the buyer, no commission is due.

3.7 Term and termination

The brokerage contract is concluded for an indefinite period.

The buyer may terminate the contract in writing at any time. There is no entitlement to a refund of fees.

Brew&Bev® can terminate the brokerage contract without notice in particular if

• the buyer wants to reduce his maximum price.
• the information provided during the application process is incorrect or has changed significantly
• the buyer does not respond to contacts (regularly by email) from Brew&Bev® within 10 (ten) working days.
• the buyer does not respond to 3 (three) reminders in a row (regularly by email) from Brew&Bev®.

The right to extraordinary termination for good cause remains unaffected for both parties.

4. Transfer

If the service brokerage or project brokerage was successful, the subsequent service transfer or project transfer and the money transfer are obligatorily processed via Brew&Bev®. The current GTC of the Brew&Bev® marketplace shall apply in this respect, unless otherwise stipulated in the brokerage contract.

5. Use for marketing purposes

Brew&Bev® will not disclose any personal information about the buyer and/or seller to anyone other than as necessary for the performance of the contract. However, it reserves the right to anonymously store and publish the services or projects arranged and the price achieved. Buyer and seller have the right to object to this publication. Due to the increased administrative effort, the requesting party must be charged an additional percentage fee in these cases based on the purchase price achieved. The fee is based on the current Brew&Bev® price list.

6. Confidentiality

Strict confidentiality is agreed between the contracting parties. The information transmitted between the contracting parties as confidential, in particular the performance statistics, shall be used exclusively for the execution of this contract and the related follow-up business. Disclosure of such information to third parties is prohibited. Neither employees nor shareholders of the contracting parties shall be deemed to be third parties, provided that they are informed of this confidentiality obligation and likewise undertake to treat this information confidentially and not to use it for any other purposes than those stated herein.

7. Final provisions

7.1 Applicable law, place of performance and jurisdiction

The contractual relationship between the customer and Brew&Bev® is subject to German law.

The place of performance, insofar as the customer is a merchant, is Neuwied.

If no exclusive place of jurisdiction is established for legal actions, Neuwied is agreed as the place of jurisdiction for all possible disputes arising from this contractual relationship.

7.2 Changes to the GTC

Brew&Bev® is entitled to amend or change these GTC at any time.

The customer will be notified of additions or changes by email or post. If the customer does not object within six weeks after notification of the supplements or amendments, they shall be deemed accepted and shall become an effective part of the contract.

If the customer objects within this period, Brew&Bev® is entitled to terminate the contractual relationship with the customer and to block the customer's account. Brew&Bev® undertakes to draw the customer's attention to this legal consequence when notifying him of new GTCs.

7.3 Ineffective contractual provisions

Should a provision of the contract or a provision in the GTC be or become invalid in whole or in part, the validity of the remainder of the contract or the GTC shall not be affected.