|Conditions of Use
|General Terms of Business
Conditions for participation of customers
Lebkuchen-markt.de is a service offered on the internet by the company
Tel: +49 (0) 911 – 97 92 180
CEO and company holder: Walja Berster
§ 1 area of application
For the business contact between Lebkuchen-Markt.de and the ordering person – also for all future business – are valid exclusively the following General Terms of Business in their effective version at the time of the order. Lebkuchen-Markt.de does not acknowledge deviating requirements, stipulated from the ordering party, unless Lebkuchen-Markt.de would have agreed expressly in writing their validity.
§ 2 contract conclusion and withdrawal
Lebkuchen-Markt.de commits itself to accept the order of the ordering person in conformity with the conditions of the website/catalogue. In case of writing, typing and calculation errors on the website/catalogue, Lebkuchen-Markt.de is entitled to withdrawal.
If the supplier of Lebkuchen-Markt.de despite contractual obligation of Lebkuchen-Markt.de does not deliver the ordered commodity any more, then Lebkuchen-Markt.de also reserves its right of withdrawal.
§ 3 Prices and shipping costs
For shipments within Germany the prices indicated are to be understood including statutory value added tax, transport packing and postage.
For shipments abroad, please inquire about the special costs.
§ 4 Delivery
As far as nothing else is agreed upon, the delivery takes place from the warehouse to the specified address by the ordering party. The risks go over to the ordering person, as soon as the delivery of Lebkuchen-Markt.de or one of its assignees is passed on to the shipper, even if partial deliveries take place. Specific information regarding the periods of delivery is noncommittal, as far as one did not binding give his/her consent with the exception of the dates of delivery.
§ 5 maturity and payment, delay
The purchase price becomes immediately due with order. The ordering party may pay the purchase price by credit card, cheque or debit banking procedure. If the ordering person comes into delay of payment, then Lebkuchen-Markt.de is entitled C/O to solicit interests on overdue payments to the amount of 5 % over the basic interest rate, announced from the German Federal Bank (Deutsche Bundesbank). Would that Lebkuchen-Markt.de has incurred higher damages verifiably caused by default, Lebkuchen-Markt.de is allowed to make these valid.
§ 6 compensation and retention
A right for set-off to the ordering party is only possible if his/her counterclaims are legally determined or acknowledged by Lebkuchen-Markt.de. In addition he/she is empowered to the practice of a right of lien only to that extent, when its counterclaim is based on the same contractual relation.
§ 7 ownership proviso
The supplied commodity remains a property of Lebkuchen-Markt.de up to the complete payment of all demands existing against the ordering person.
§ 8 Warranty for defects and legal liability
Given that a flaw in the subject of the purchase exists, Lebkuchen-Markt.de is allowed to perform a defect removal or replacement in its own judgement. In the event that Lebkuchen-Markt.de is not ready for defect removal/replacement, not able or retards the latter beyond an appropriate period for reasons, which are represented by Lebkuchen-Markt.de or fails in other way the defect removal/replacement, the ordering party is empowered in his/her own judgement to withdraw himself/herself from the contract or to demand an relevant reduction of the purchase price.
As far as henceforth nothing else follows, are ongoing demands of the ordering party excluded – no matter what the legal reasoning is. Lebkuchen-Markt.de is therefore not liable for damages, which did not develop in relation to the object of delivery; in particular Lebkuchen-Markt.de is not liable for missed profits or benefits, or for other financial damages of the ordering person. So far the liability of Lebkuchen-Markt.de is excluded or limited, this applies to the personal liability of employees, representatives and executing aides as well.
The preceding limitation of liability does not apply, as far as the cause of the damage is based on premeditation or culpable negligence. Furthermore it does not apply if the ordering party activates claims according to §§ 1, 4 Product liability law, claims because of the absence of an assured characteristic or claims for recompensation because of default in accordance with §§ 463, 480 Par. 2 BGB. Same applies for initial incapacity or representative impossibility.
Until Lebkuchen-Markt.de negligently violates a substantial contractual obligation, the commitment to indemnify for material or personal detriments is limited to the typically originating damage.
§ 9 Right to revocation and return
The consumer is entitled to cancel the contract, as long as the ordered goods have not yet been shipped or delivered. The regulations on the right to revocation and return are not applicable for foodstuffs in distance sales contracts according to §1 section 3 item 7 FernAbsG. A renewed placing into circulation of foodstuffs is prohibited according to the Hygiene regulation, an exchange or return is therefore excluded.
In our enterprise we decide with view to customer satisfaction for fair dealing reasons.
§ 10 data privacy
The ordering party is informed in detail about the kind, range, place and purpose of the collection, processing and use of the necessary personal data by the Lebkuchen-Markt.de for the execution of orders, the registration to the E-Mail notification service, the transmission of an on-line review. The ordering person consents to this collection, processing and use of personal data expressly.
§ 11 Applicable law and area of jurisdiction
German law to the exclusion of the UN Sales law applies.
Exclusive area of jurisdiction and place of execution is Nürnberg, Germany.