These terms will apply to any contract between us for the sale of products to you (Contract). Please read these terms carefully before ordering any product from our site. Please note that before placing an order you will be asked to agree to these terms. If you refuse to accept these terms, you will not be able to order any product(s) from us.
We amend these terms from time to time as set out in clause 8. Every time you wish to order product(s), please check these terms to ensure you understand the Terms which will apply at that time. These terms came into effect when updated. These terms, and any contract between us, are only in the English language.
1.1 We operate the app and the website www.noam.beer. We are Noam GmbH, a company registered in Munich under company number HRB224072 and with our registered office at Am Hergottseck 6, 81669 München. Our German VAT number is DE305340446.
1.2 Contacting us if you are a consumer:
To cancel a contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. You shall e-mail us at firstname.lastname@example.org you are emailing us or writing to us please include details of your order to help us to identify it.
If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at email@example.com.
(c) If we have to contact you or give you notice in writing, we will do so by e-mail
1.3 Contacting us if you are a business. You may contact us by e-mailing at firstname.lastname@example.org or via our site. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 18.3.
2.1 The images of the products on our sites are for illustrative purposes only.
2.2 The packaging of the products may vary from that shown on images on our sites.
Your use of our sites is governed by our terms. Please take the time to read these, as they include important conditions which apply to you.
4.2 By providing your details to us on our site, you consent to us maintaining, recording, holding and using the information you give us at the time of ordering to process your orders, to improve our service to you and inform you of any promotions. All data is collected lawfully and maintained in accordance with the Data Protection Act.
4.3 We take your privacy very seriously and will not pass your details to any third party without your permission, other than where we have to do so to get your products to you, e.g. our delivery carrier.
4.4 We will use information about you to make marketing offers via email, telephone and mail based on your products preferences from time to time.
4.5 If you opt-out from receiving our marketing communications or from approved third parties, you will only be contacted by us regarding service issues including, but not exclusively, order confirmation and delivery confirmation, significant changes to terms and conditions and informational, non-marketing emails.
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase products from our site if you are at least 18 years old.
5.2 If you are buying any product(s) as a gift the recipient must also be over 18 years old.
5.3 If our carriers are in any doubt about the age of the recipient on delivery, they will request some form of ID. If the person receiving the product(s) is unable to produce appropriate ID, unfortunately our carrier will be unable to complete the delivery.
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase products.
6.2 These terms together with our current Privacy, Cookie, Returns and Cancellation Policy and website prices constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.3 You acknowledge that in entering into this contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms or any document expressly referred to in them.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
7.2 After you place an order and make payment in full, you will receive an e-mail from us acknowledging that we have received your order and payment. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
7.3 We will confirm our acceptance to you by sending you an e-mail Dispatch Confirmation. The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery, we will inform you of this by e-mail and we will not process your order. If you have already paid for the product(s), we will refund you the full amount including any delivery costs charged as soon as possible.
8.1 We amend these terms from time to time. Please look at the top of this page to see when these terms were last updated and which terms were changed.
8.2 Every time you order product(s) from us, the terms in force at the time of your order will apply to the contract between you and us.
8.3 We may revise these terms as they apply to your order from time to time to reflect the following circumstances:
- (a) changes in relevant laws and regulatory requirements; an/ or
- (b) circumstances affecting us
8.4 If we have to revise these terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes. You may cancel either in respect of all the affected product(s) or just the product(s) you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant product(s) you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have the right to cancel the contract during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep the product(s), you can notify us of your decision to cancel the contract and receive a refund.
9.2 However, this cancellation right does not apply in the case sealed product(s) are unsealed after you receive them;
9.3 Your right to cancel a contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the contract between us is formed. Your deadline for cancelling the contract ends 14 days after the day on which you receive the product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the product(s) on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
9.4 To cancel a contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to email email@example.com giving the details of your order.
9.5 If you cancel your contract we will:
(a) refund you the price you paid for the product(s). However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
(b) refund any delivery costs you have paid if the goods have not been dispatched, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a product(s) within [3-5] days at one cost but you choose to have the product(s) delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
- (i) if you have received the product(s) and we have not offered to collect it from you: 14 days after the day on which we receive the product(s) back from you or, if earlier, the day on which you provide us with evidence that you have sent the product(s) back to us. For information about how to return the product(s) to us, see clause 9.8;
- (ii) if you have not received the product(s) or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the contract.
9.6 If you have returned the product(s) to us under this clause 9 because they are faulty or mis-described, we will refund the price of the product(s) in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.7 We will refund you on the credit card, debit card, paypal account or amazon account used by you to pay.
9.8 If a product(s) has been delivered to you before you decide to cancel your contract:
- (a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the contract. You can either send it back to us at Noam GmbH, Am Hergottseck 6, 81669 Munich or hand it to our authorised carrier. If we have offered to collect the product(s) from you as advised to you by us via email, we will collect the product(s) from the address to which they were delivered. We will contact you to arrange a suitable time for collection.
- (b) unless the product(s) is faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the product(s) to us. If the product(s) is one which cannot be returned by post, we estimate that if you use the carrier which delivered the product(s) to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the product(s) from you, we will charge you the direct cost to us of collection. We will advise you by email or telephone of the charges for collection.
- (c) we will not refund the cost of the initial delivery charge you may have paid for your order.
9.9 Because you are a consumer, we are under a legal duty to supply product(s) that are in conformity with this contract. As a consumer, you have legal rights in relation to product(s) that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms.
10.1 Our estimated delivery times are stated in our website. Occasionally our delivery to you may be affected by an event outside our control. See clause 16 for our responsibilities when this happens.
10.2 In the event you order product(s) from us and we have agreed with you by email or telephone of a specific delivery time or date, if you are then not available to accept the product(s) at the agreed time and date we will not be liable for any re-delivery charges to deliver the product(s) to you.
10.3 We or our authorised carrier may send you an email or SMS notification to advise you of an estimated delivery time prior to delivery.
10.4 We or our authorised carrier will not be held liable for any loss or damage suffered by you if you give instructions for us to leave your product(s) outside your house or outside any other address provided by you and the product(s) get lost or stolen.
10.5 If no one is available at your address to take delivery, our authorised carrier will leave you with a note advising you of where to collect the product(s).
10.6 Delivery of an order shall be completed when we or our authorised carrier deliver the product(s) to the address you gave us or when you collect the product(s) from the place our authorised carrier has notified you of. From this time the product(s) will be your responsibility.
10.7 You own the product(s) once we have received payment in full, including all applicable delivery charges. This clause 10.7 only applies if you are a consumer.
10.8 If you do choose to cancel your order for late delivery, you can do so. If the product(s) have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled product(s) and their delivery. If you have any additional question related to our returns and cancellation policies, please email firstname.lastname@example.org.
11.1 We deliver to the following countries:
COUNTRIES WITHIN EUROPEAN UNION
COUNTRIES OUTSIDE OF THE EUROPEAN UNION WITH INDIVIDUAL APPROVAL
If you have any questions regarding international delivery or restrictions applied to international delivery, please email us at email@example.com
11.2 If you order product(s) from our site for delivery to one of the international delivery destinations, your order may be subject to customs charges which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
11.3 You will be responsible for payment of any such customs charges. Please contact your local customs office for further information before placing your order.
11.4 You must comply with all applicable laws and regulations of the country for which the product(s) are destined. We will not be liable or responsible if you break any such law.
12.1 The prices of the product(s) will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of product(s) are correct at the time when the relevant information was entered onto the system. However please see clause 12.5 for what happens if we discover an error in the price of product(s) you ordered.
12.2 Prices for our product(s) may change from time to time, but changes will not affect any order you have already placed.
12.3 The price of a product(s) includes VAT (where applicable) at the applicable current rate chargeable in GERMANY for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the product(s) in full before the change in VAT takes effect.
12.4 The price of a product(s) does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
12.5 We reserve the right to terminate any special offer or promotion at any time, without notice. All give-away, value-added and promotional items are only available whilst stocks last and carry a value of 0.00€.
13.1 You can pay for product(s) using the electronic payment methods set out on the check-out page including but not limited to PayPal, Debit or Credit Cards.
13.2 Payments by an electronic method for the product(s) are charged when you complete the check-out process and are directed to the order success page on our site.
This clause 14 only applies if you are a business customer.
14.1 We only supply the product(s) for internal use by your business.
14.2 Nothing in these terms limits or excludes our liability for:
- (a) death or personal injury caused by our negligence;
- (b) fraud or fraudulent misrepresentation;
- (c) breach of the terms implied by section 12 of the Sale of Goods Act (title and quiet possession); or
- (d) defective product(s) under the Consumer Protection Act.
14.3 Subject to clause 14.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract for:
- (a) any loss of profits, sales, business, or revenue;
- (b) loss or corruption of data, information or software;
- (c) loss of business opportunity;
- (d) loss of anticipated savings;
- (e) loss of goodwill; or
- (f) any indirect or consequential loss.
14.4 Subject to clause 14.2, our total liability to you in respect of all losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the product(s).
14.5 Except as expressly stated in these terms, we do not give any representation, warranties or undertakings in relation to the product(s). Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the product(s) are suitable for your purposes.
This clause 15 only applies if you are a consumer.
15.1 If the product(s)