Terms of Service – Svalbard Brewery Import & Export GmbH

1. Scope of Application

• 1.1 These Terms of Service ("TOS") apply to all contracts concluded between Svalbard Brewery Import & Export GmbH ("Seller") and its customers ("Clients") via the Seller's online shop, regarding the sale of goods and/or services. Any inclusion of the Client’s own terms is expressly rejected unless otherwise agreed.
• 1.2 These TOS also apply to the purchase of gift and promotional vouchers.
• 1.3 A "consumer" is any natural person entering into a legal transaction for purposes not primarily related to their trade, business, or profession. A "trader" is any individual, legal entity, or partnership acting within their commercial or independent professional activities.
• 1.4 The Seller may offer one-time deliveries or subscription-based services.

1. Conclusion of the Contract

• 2.1 The product listings in the Seller’s online shop do not constitute binding offers but serve as an invitation to the Client to submit a binding order.
• 2.2 A contract is concluded when the Client's order is accepted through:
  • Written confirmation (e.g., email),
  • Delivery of the goods, or
  • Request for payment.
• 2.3 Order processing is conducted via email. The Client must provide a valid email address and ensure receipt of the Seller's communications.

1. Right to Cancel

• 3.1 Consumers within the EU have a right to cancel their purchase within 14 days.
• 3.2 Detailed cancellation instructions are provided during the checkout process.
• 3.3 The right to cancel does not apply to consumers outside the EU.

1. Prices and Payment Conditions

• 4.1 Prices include VAT. Delivery costs, if applicable, are displayed separately during checkout.
• 4.2 Payments can be made via the following methods: PayPal, Klarna, Shopify Payments, and credit card.
• 4.3 Additional costs may apply for cross-border payments or shipments outside the EU (e.g., import taxes or transfer fees).

1. Shipment and Delivery Conditions

• 5.1 Delivery is currently limited to Germany. The Seller reserves the right to expand delivery areas in the future.
• 5.2 If delivery fails due to reasons attributable to the Client, the Client bears the additional costs.
• 5.3 Alcoholic beverages will only be delivered to individuals who have reached the legal minimum age. Age verification is required upon delivery.

1. Contract Duration and Subscription Contracts

• 6.1 Subscription contracts are indefinite and can be terminated by the Client with one month's notice.
• 6.2 Immediate termination is permitted for important reasons, such as breaches of essential terms.

1. Reservation of Proprietary Rights

• The Seller retains ownership of the delivered goods until full payment is received.

1. Warranty

• 8.1 Warranty claims are governed by German statutory provisions.
• 8.2 Transport damages must be reported to the carrier and the Seller immediately upon receipt of goods.

1. Redemption of Campaign Vouchers

• 9.1 Campaign vouchers are valid only within the specified promotional period and cannot be purchased.
• 9.2 Vouchers cannot be redeemed for cash and are transferable unless otherwise stated.

1. Redemption of Gift Vouchers

• 10.1 Gift vouchers are valid for three years from the date of purchase and can be redeemed exclusively in the Seller’s online shop.
• 10.2 Gift vouchers cannot be exchanged for other vouchers or cash.

1. Applicable Law

• 11.1 All legal relationships are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
• 11.2 For consumers, this choice of law applies only if it does not conflict with mandatory consumer protection laws in the Client’s country of residence.

1. Place of Jurisdiction

• 12.1 For traders, the exclusive jurisdiction for disputes is at the Seller's registered office in Germany.
• 12.2 For consumers, jurisdiction is determined by the Client's place of residence unless otherwise stipulated by mandatory law.

1. Code of Conduct

• Svalbard Brewery Import & Export GmbH currently does not adhere to any specific external codes of conduct.

1. Alternative Dispute Resolution

• 14.1 The EU provides an online platform for resolving disputes, accessible at: https://ec.europa.eu/consumers/odr.
• 14.2 The Seller is not obligated to participate in alternative dispute resolution processes but may do so voluntarily.

 

Terms of Service – Svalbard Bryggeri AS (for Activities/Accommodation Bookings)

1. Scope of Application

• 1.1 These terms apply to all bookings made through the Visit Svalbard website or directly with the individual operator for activities and accommodation.
• 1.2 The operator is responsible for providing the service in its entirety.
• 1.3 Bookings made on behalf of multiple participants: The customer is responsible for conveying the terms to all participants.
• 1.4 Visit Svalbard AS only facilitates the booking process and is not involved in the transaction or service delivery.

1. Booking Process

• 2.1 Bookings can be made via www.visitsvalbard.com, directly with the operator, or through other sales outlets (e.g., hotels, travel agents).
• 2.2 If the customer books on behalf of others, they are responsible for communicating the terms to all participants.
• 2.3 The operator is the service provider for the booked activity.

1. Payment Terms

• 3.1 For one-day activities, full payment is required at the time of booking.

1. Cancellation Terms

• 4.1 All cancellations must be made directly to the operator in writing.
• 4.2 Cancellation fees apply as follows:
  • 22+ days before the activity: 5% fee
  • 21–8 days before the activity: 50% fee
  • 7 days or less before the activity: 100% fee
• 4.3 Cancellations due to flight cancellations or changes will not be refunded.
• 4.4 The operator is not liable for currency exchange or transaction fees on refunded bookings.

1. Operator’s Responsibility

• 5.1 The operator is fully responsible for the service delivery.
• 5.2 Operators have the necessary insurance and security for activities in Svalbard.

1. Customer’s Responsibility

• 6.1 The customer is responsible for ensuring all participants understand the terms and follow the operator's instructions.
• 6.2 Participants must assess their own physical and mental ability to engage in the activity.
• 6.3 Private weapons or pyrotechnics are not permitted on activities.
• 6.4 Customers must adhere to rules and regulations regarding travel to Norway and Svalbard.

1. Liability

• 7.1 The operator is not liable for accidents beyond their control.
• 7.2 The operator may refuse participation if a customer or participant endangers their safety or that of others.
• 7.3 Participants may be financially liable for additional costs due to failure to follow instructions.

1. Insurance

• 8.1 The customer and any participants they book for should have personal travel insurance.
• 8.2 The operator’s liability is covered by their insurance provider.

1. Changes to the Activity/Itinerary

• 9.1 The operator may change or cancel the activity due to insufficient participants, weather conditions, or unforeseen circumstances.
• 9.2 Price changes do not apply in case of changes due to weather or unforeseen events.

1. Force Majeure

• 10.1 The operator is not liable for cancellations or changes due to force majeure or other factors beyond their control.

1. Special Conditions

• 11.1 Some activities, longer trips, or accommodation may have additional terms, which will be outlined separately by the operator.

1. Jurisdiction and Applicable Law

• 12.1 These terms are governed by Norwegian law.
• 12.2 Disputes will be handled according to Norwegian consumer protection laws.

1. Contact

• 13.1 For inquiries, cancellations, or more information, please contact the individual operator directly via their contact details provided during the booking process.