General Terms and Conditions and Customer Information
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts concluded between you and us as the provider (Lebkuchen Welt GmbH) via the website www.lebkuchen-markt.de/. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of Contract
(1) The subject matter of the contract is the sale of goods.
(2) Our online shop provides the customer with the opportunity to submit an offer to conclude a purchase agreement under the conditions specified in the respective product description.
(3) The contract is concluded through the online shopping cart system as follows: The goods intended for purchase are placed in the “shopping cart.” You may access the “shopping cart” at any time via the corresponding button in the navigation bar and make changes there. After accessing the “Checkout” page and entering your personal information as well as payment and shipping details, all order data will be displayed once again on the order overview page. If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Postpay, Sofort) as your payment method, you will either be redirected to the order overview page in our online shop or initially redirected to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, you must make the appropriate selection or enter your data there. Finally, you will be redirected back to our online shop to the order overview page. Before submitting the order, you have the opportunity to review all information again, change it (also using the “back” function of the internet browser), or cancel the purchase. By submitting the order, you make a legally binding offer to conclude a purchase agreement. The confirmation of receipt of your order sent immediately by e-mail does not yet constitute acceptance of the purchase offer. The purchase agreement is concluded by means of a confirmation e-mail in which shipment of the goods is confirmed to you or an estimated delivery date is provided. If the offer is not accepted within two weeks, you are no longer bound by it. In the event of obvious typographical, printing, or calculation errors, the seller shall be entitled to withdraw from the contract unless the contractual partner is willing to accept the contract under the conditions obviously intended. Cost changes beyond the seller’s control entitle the seller to adjust prices already offered and confirmed after such changes have occurred. Such cost changes include, for example, exchange rate fluctuations or increases in semi-finished product costs.
(4) Written inquiries regarding the preparation of an offer are non-binding for you. We will provide you with a binding offer in text form (e.g. by e-mail), which you may accept within 5 days.
(5) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that receipt of e-mails is technically guaranteed, and in particular that it is not prevented by SPAM filters.
(6) Due to the increased processing effort for orders with delivery addresses outside Germany, a handling fee of 7% may apply. This fee will be included in the invoice.
(7) Invoices are issued exclusively electronically via e-mail. Should the customer require an invoice by postal mail, a processing fee of EUR 7.50 per invoice shall apply.
(8) Information contained in the order confirmation is binding for the customer. Any requested changes must be submitted to us in writing.
Requested changes will only be implemented if confirmed by us in writing. In the case of substantial changes requiring significant effort by production and/or order processing, we reserve the right to charge a modification fee. If the customer does not agree to this fee, the order will be executed as originally placed. Subsequent changes to the delivery or billing address may incur a flat processing fee of EUR 25.00 due to the additional administrative effort.
(9) By placing the order, the customer confirms their solvency and creditworthiness; furthermore, they confirm that within the last three years prior to placing the order they have neither been summoned to submit an affidavit regarding their assets nor been involved in bankruptcy or composition proceedings concerning their assets or the assets of a company substantially controlled by them.
(10) Lebkuchen Welt GmbH reserves the right to name our contractual partners as reference customers in all media and to use their trademarks for demonstration purposes. Furthermore, the services provided may be publicly displayed or referenced for demonstration purposes unless the customer can demonstrate a legitimate conflicting interest.
(11) Customer Reviews and Review Invitations
(i) Following the conclusion of a purchase agreement or provision of a service, we may send you an invitation by e-mail to submit a review. This invitation serves exclusively for quality assurance and the improvement of our offerings.
(ii) The legal basis for sending review invitations is our legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR in conjunction with Section 7 para. 3 UWG (German Act Against Unfair Competition). If you no longer wish to receive review invitations, you may object to their use at any time without incurring any costs other than transmission costs according to the basic rates. You may notify us of your objection using the contact details provided in our legal notice.
(iii) Reviews are generally published in anonymized form. Subsequent modification or deletion of a review by us shall only occur if it violates applicable law or our review guidelines.
(iv) We reserve the right not to publish or to remove misleading or manipulated reviews.
§ 3 Customized Goods
(1) You shall provide us with the suitable information, texts, or files required for the customized design of the goods via the online ordering system or by e-mail without undue delay after conclusion of the contract at the latest. Any specifications regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes third-party rights (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this context. This also includes the costs of any necessary legal representation.
(3) We do not review transmitted data for content accuracy and therefore assume no liability for errors.
(4) The customer is obligated to accept the goods even in the case of production deviations of up to 10% of the ordered quantity. By placing the order, the customer confirms acceptance of the costs for any over-delivery, provided the price charged corresponds to the confirmed price. Unless otherwise agreed in writing, the customer undertakes to pay for a maximum over-delivery of 10%. In the event of an under-delivery, only the goods actually delivered will be charged.
(5) Upon request, we will provide the customer with a sample for production approval in order to communicate any requested changes or corrections. You have 10 days from receipt of the sample to notify us of any requested changes. If we do not receive feedback from you within this period, the transmitted sample shall be deemed approved and production will commence.
(6)In accordance with distance selling regulations, the cancellation of orders for individually manufactured goods or goods customized according to customer specifications is excluded. In individual cases, depending on the processing status, orders may be canceled as a gesture of goodwill; however, a cancellation fee amounting to at least 30% of the order value shall apply to cover expenses already incurred. This requires a written request and the express consent of both contracting parties. There is no general right of cancellation.
§ 4 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods shall remain our property until full payment of the purchase price has been made.
(3) If you are an entrepreneur, the following additionally applies:
a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Prior to transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice total; we hereby accept the assignment. You remain authorized to collect the claim. However, insofar as you fail to properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination or mixing of the reserved goods, we shall acquire co-ownership of the new item in proportion to the invoice value of the reserved goods relative to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled upon your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 5 Warranty
(1) The statutory rights regarding defects shall apply.
(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so shall not affect your statutory warranty claims.
(3) If you are an entrepreneur, the following shall apply deviating from the above warranty provisions:
a) Only our own statements and the manufacturer’s product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions, or statements by the manufacturer.
b) In the event of defects, we shall provide warranty service at our discretion either by repair or replacement delivery. If the defect remedy fails, you may, at your option, demand a price reduction or withdraw from the contract. The remedy of defects shall be deemed unsuccessful after the second unsuccessful attempt unless otherwise results in particular from the nature of the goods or the defect or other circumstances. In the event of repair, we shall not be required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided the transport does not correspond to the intended use of the goods.
c) The warranty period shall be one year from delivery of the goods. The reduction of the limitation period shall not apply:
to damages attributable to us arising from injury to life, body, or health caused intentionally or through gross negligence, and to other damages caused intentionally or through gross negligence;
insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the goods;
for goods used for a building in accordance with their customary use and which have caused its defectiveness;
for statutory recourse claims that you may have against us in connection with defect rights.
§ 6 Choice of Law, Place of Performance, Jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall apply only insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (principle of favorability).
(2) The place of performance for all services arising from the business relationships existing with us as well as the place of jurisdiction shall be our registered office insofar as you are not a consumer but a merchant, legal entity under public law, or special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time legal action is commenced. The right to also bring proceedings before another statutory court of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.
2. Information Regarding the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are governed by the provisions “Conclusion of Contract” in our General Terms and Conditions (Part I).
3. Contract Language, Storage of Contract Text
3.1. The contract language shall be German.
3.2. We do not store the complete text of the contract. Before submitting the order via the online shopping cart system the contract data can be printed using the browser’s print function or saved electronically. After receipt of the order by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by e-mail.
3.3. In the case of quotation requests outside the online shopping cart system, you will receive all contract data within the framework of a binding offer in text form, e.g. by e-mail, which you can print or save electronically.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices and shipping costs stated in the respective offers represent total prices. They include all price components including all applicable taxes.
5.2. Applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you in addition unless free shipping has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs not attributable to us may arise, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees), which are to be borne by you. Any costs incurred for money transfers shall also be borne by you in cases where delivery is made to an EU member state but payment is initiated outside the European Union.
5.4. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.
5.5. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.
6. Delivery Conditions
6.1. Delivery conditions, delivery dates, and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, statutory provisions stipulate that the risk of accidental loss or accidental deterioration of the sold goods during shipment passes to you only upon handover of the goods, regardless of whether the shipment is insured or uninsured. This shall not apply if you independently commission a transport company not designated by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment shall be at your risk.
6.3. For orders placed without express service, the indicated shipping times are standard transit times. In the event of exceeding the standard transit time, the customer may request delivery in writing while specifying a reasonable grace period.
6.4. If a sample for production approval is requested when placing the order, the delivery period shall commence upon approval of production regardless of the selected shipping method.
6.5. For international shipments, we shall not assume liability for delays caused by transport companies and/or customs or other authorities.
6.6. Shipments cannot be subject to complaints due to transit time overruns, regardless of the selected shipping method, if caused by force majeure.
6.7. The purchaser shall reimburse Lebkuchen Welt GmbH for all costs and expenses arising from the return of ordered goods if the purchaser is responsible for the reason for return. For shipments returned due to incorrect or incomplete address information, failure to collect within the storage periods of delivery services, or other reasons attributable to the purchaser, a flat return postage fee of EUR 7.50 per package shall be charged. In the event of reshipment, these costs plus shipping charges shall be payable. In the case of a refund, this amount shall be retained in addition to the stated shipping costs.
6.8. Delivery times in our online shop are generally understood to mean business days from Monday through Friday.
6.9. All dates are approximate estimates for delivery times. The delivery period shall commence only upon order clarification. In the case of advance payment, order clarification is achieved upon receipt of payment in our account; in the case of advertising application, upon approval of the proof. Fixed delivery dates are possible upon written agreement and become valid only upon our written confirmation. For orders exceeding customary household quantities, availability and/or delivery times must be requested in writing in advance. If an order is placed without prior written agreement, a longer delivery time or exceeding the desired delivery date shall be deemed accepted without objection. For orders exceeding customary household quantities, fixed delivery dates shall apply only upon express confirmation by Lebkuchen Welt GmbH, although such dates are non-binding since the risk passes to the carrier or customer upon handover of the goods to the carrier. If delivery has not occurred after the due date according to the above provisions, we shall be in default only after you have unsuccessfully issued a reminder while granting a reasonable grace period.
7. Statutory Liability for Defects
Liability for defects shall be governed by the provision “Warranty” in our General Terms and Conditions (Part I).
