GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION FOR YOUR DELIVERY SERVICE
Table of contents
1. scope of application
2. conclusion of contract
3. exclusion of the right of withdrawal
4. prices and terms of payment
5. terms of delivery
6. liability for defects
7. applicable law
8. alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Irena Hermann (hereinafter referred to as “Seller”), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the goods presented by the Seller on its website.
1.2 Goods within the meaning of these GTC are exclusively food and beverages that are delivered on a specific date or within a specific period of time pursuant to Section 312g (2) No. 9 of the German Civil Code (BGB).
1.3 The inclusion of the customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of contract
2.1 The descriptions presented on the Seller’s website do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller’s website. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 Unless an earlier delivery date has been agreed, the Seller may accept the Customer’s offer within one hour,
– by confirming the order to the Customer by telephone or in text form, in which case the
receipt of the order confirmation by the Customer shall be decisive, or
– by delivering the ordered goods to the customer, in which case the receipt of the goods by
the customer shall be decisive, or
– by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.4 When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this. If the Customer has set up a user account for the Seller’s website before sending his order, the order data shall be archived on the Seller’s website and can be accessed by the Customer free of charge via his password-protected user account by providing the relevant login data.
2.5 Before bindingly placing the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. When using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Exclusion of the right of withdrawal
Pursuant to Section 312g (2) No. 9 of the German Civil Code (BGB), unless otherwise agreed, the right of revocation shall not apply to contracts for the supply of food and beverages if the contract provides for a specific date or period for the supply.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller’s description, the prices quoted are total prices which include the statutory value added tax. Additional delivery costs, if any, will be indicated separately in the respective description.
4.2 The payment option(s) will be communicated to the Customer on the Seller’s website.
4.3 If prepayment by bank transfer is agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5) Terms of delivery
5.1 Delivery is made to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing shall be decisive.
5.2 If the delivery fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result.
5.3 If the Seller delivers the goods in his own person or by his own personnel, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer or a person authorized to receive the goods upon handover of the goods.
5.4 If the Seller delivers the goods through a third party commissioned by him to deliver the goods, the following shall apply to the transfer of risk:
If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle pass to the customer only upon delivery of the goods to the customer or a person authorized to receive the goods. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the customer has
commissioned the forwarding agent, the carrier or any other person or institution designated to carry out the shipment and the seller has not previously named such person or institution to the customer.
5.5 In case of self-collection, the Seller shall first inform the Customer by e-mail that the goods ordered by the Customer are ready for collection. After receiving this e-mail, the Customer may pick up the goods at the Seller’s registered office by arrangement with the Seller. In this case, no delivery costs will be charged.
6) Liability for defects
6.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
6.2 If the customer is acting as a consumer, he is requested to check the goods for correctness and completeness upon delivery and to notify the seller of any incorrect delivery. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.
7) Applicable Law
7.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection
granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
7.2 The language of the contract shall be German.
8) Alternative Dispute Resolution
8.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
8.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.