I. Scope and Inclusion
Our GTC ONLINESHOP apply
1. exclusively to products ordered in our ONLINESHOP for SHIPPING or PICKUP. They do not apply to orders placed via our online platform for AIR CATERING;
2. also for future contracts concluded with our customers via our ONLINESHOP concerning the SHIPPING or pickup of products, without the need for a new agreement on their inclusion.
II. Conclusion of the Contract
1. The customer's order is binding for them. It represents an offer to us to conclude a purchase agreement.
2. Our confirmation that the order has been received is not yet an acceptance of the contract. After this confirmation, we first check whether we can accept the order.
3. A purchase contract is concluded only when we – in the case of products intended for SHIPPING - ship the ordered product to the customer and confirm the shipment to the customer with a second email (shipping confirmation). In the case of products intended for PICKUP, the purchase contract is concluded when we inform the customer that the product is ready for pickup.
III. Prices, Payment Terms, Invoices
1. All prices include the respective statutory value-added tax.
2. The customer agrees that invoices may also be transmitted electronically.
3. Cash payments are not accepted by us.
4. For payment by direct debit: In the event of a chargeback for which the customer is responsible, we charge a lump-sum compensation of EUR 5.00 ("chargeback fee"). The customer can prove that no damage was incurred at all or that it is substantially lower than the lump sum.
IV. Delivery for Products for SHIPPING
1. Our delivery is made to the delivery address specified by the customer during the ordering process.
2. If delivery to the customer is not possible because the delivered product does not fit through the customer's entrance door, front door, or stairwell, or because the customer is not met at the delivery address provided by them, despite the delivery time having been announced to the customer with reasonable notice, the customer bears the costs for the unsuccessful delivery.
V. Pickup of Products for PICKUP
1. With our notification that the product is ready for pickup, the customer will be given a time from which pickup can take place.
2. It is the customer's responsibility to pick up the ordered product in a timely manner. We strongly advise against exceeding the time we specify for the product to be ready for pickup by more than 15 minutes.
3. Since the products for pickup are freshly prepared products whose taste quality depends on being consumed soon after preparation and which also spoil quickly, timely pickup is important.
VI. Quality of Products
1. Food and beverages prepared by us are intended for consumption, not for resale or other use.
2. We reserve the right to make minor changes, in particular improvements, until delivery, provided that these result in only insignificant changes in the agreed quality and the customer is not unreasonably affected.
3. If food and beverages are prepared or modified based on customer specifications, we are not obliged to check these specifications for correctness without a special agreement. The customer has no claims for defects resulting from these specifications.
VII. Limitation of Liability
1. We are liable to the customer under statutory or contractual liability provisions only if we can be accused of intent or gross negligence.
2. The limitation of liability according to Section VII No. 1 does not apply, however, in the event of injury to life, body or health or damages arising from the culpable breach of essential contractual obligations, i.e., those whose breach jeopardizes the achievement of the purpose of the contract or whose fulfillment enables the proper execution of the contract in the first place and on whose observance the customer regularly relies ("cardinal obligations"). If the liability is not based on breaches of duty by our bodies or executive employees, our liability is limited to compensation for direct damage, excluding liability for consequential damages. In any case of our liability, it is limited to typical foreseeable damages; in this respect, we are liable up to the amount of the respective order sum. Insofar as we are not liable ourselves, claims that we are entitled to against third parties will be assigned to the customer upon request.
3. Our liability from a procurement risk assumed by us, given guarantees or fraudulent concealment of defects in relation to the delivered food and beverages or catering services and claims arising from product, hazard or accidental liability remain unaffected.
VIII. Applicable Law
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of laws.
IX. Our contact information:
Firma Küchenzauber
Owner: Dina Maier
Schillerstraße 48
D-73770 Denkendorf
Tel.: +49 (0) 711 3002425
Mobile: +49 (0) 170 3818087
Fax: +49 (0) 711 3002427
E-Mail:chef@kuechenzauber.de
Web:www.Kuechenzauber.de
X. Right of Withdrawal
Consumers have a right of withdrawal. The conditions and legal consequences of the right of withdrawal for consumers result from the following right of withdrawal instruction.
Our GTC ONLINESHOP apply
1. exclusively to products ordered in our ONLINESHOP for SHIPPING or PICKUP. They do not apply to orders placed via our online platform for AIR CATERING;
2. also for future contracts concluded with our customers via our ONLINESHOP concerning the SHIPPING or pickup of products, without the need for a new agreement on their inclusion.
II. Conclusion of the Contract
1. The customer's order is binding for them. It represents an offer to us to conclude a purchase agreement.
2. Our confirmation that the order has been received is not yet an acceptance of the contract. After this confirmation, we first check whether we can accept the order.
3. A purchase contract is concluded only when we – in the case of products intended for SHIPPING - ship the ordered product to the customer and confirm the shipment to the customer with a second email (shipping confirmation). In the case of products intended for PICKUP, the purchase contract is concluded when we inform the customer that the product is ready for pickup.
III. Prices, Payment Terms, Invoices
1. All prices include the respective statutory value-added tax.
2. The customer agrees that invoices may also be transmitted electronically.
3. Cash payments are not accepted by us.
4. For payment by direct debit: In the event of a chargeback for which the customer is responsible, we charge a lump-sum compensation of EUR 5.00 ("chargeback fee"). The customer can prove that no damage was incurred at all or that it is substantially lower than the lump sum.
IV. Delivery for Products for SHIPPING
1. Our delivery is made to the delivery address specified by the customer during the ordering process.
2. If delivery to the customer is not possible because the delivered product does not fit through the customer's entrance door, front door, or stairwell, or because the customer is not met at the delivery address provided by them, despite the delivery time having been announced to the customer with reasonable notice, the customer bears the costs for the unsuccessful delivery.
V. Pickup of Products for PICKUP
1. With our notification that the product is ready for pickup, the customer will be given a time from which pickup can take place.
2. It is the customer's responsibility to pick up the ordered product in a timely manner. We strongly advise against exceeding the time we specify for the product to be ready for pickup by more than 15 minutes.
3. Since the products for pickup are freshly prepared products whose taste quality depends on being consumed soon after preparation and which also spoil quickly, timely pickup is important.
VI. Quality of Products
1. Food and beverages prepared by us are intended for consumption, not for resale or other use.
2. We reserve the right to make minor changes, in particular improvements, until delivery, provided that these result in only insignificant changes in the agreed quality and the customer is not unreasonably affected.
3. If food and beverages are prepared or modified based on customer specifications, we are not obliged to check these specifications for correctness without a special agreement. The customer has no claims for defects resulting from these specifications.
VII. Limitation of Liability
1. We are liable to the customer under statutory or contractual liability provisions only if we can be accused of intent or gross negligence.
2. The limitation of liability according to Section VII No. 1 does not apply, however, in the event of injury to life, body or health or damages arising from the culpable breach of essential contractual obligations, i.e., those whose breach jeopardizes the achievement of the purpose of the contract or whose fulfillment enables the proper execution of the contract in the first place and on whose observance the customer regularly relies ("cardinal obligations"). If the liability is not based on breaches of duty by our bodies or executive employees, our liability is limited to compensation for direct damage, excluding liability for consequential damages. In any case of our liability, it is limited to typical foreseeable damages; in this respect, we are liable up to the amount of the respective order sum. Insofar as we are not liable ourselves, claims that we are entitled to against third parties will be assigned to the customer upon request.
3. Our liability from a procurement risk assumed by us, given guarantees or fraudulent concealment of defects in relation to the delivered food and beverages or catering services and claims arising from product, hazard or accidental liability remain unaffected.
VIII. Applicable Law
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of laws.
IX. Our contact information:
Firma Küchenzauber
Owner: Dina Maier
Schillerstraße 48
D-73770 Denkendorf
Tel.: +49 (0) 711 3002425
Mobile: +49 (0) 170 3818087
Fax: +49 (0) 711 3002427
E-Mail:chef@kuechenzauber.de
Web:www.Kuechenzauber.de
X. Right of Withdrawal
Consumers have a right of withdrawal. The conditions and legal consequences of the right of withdrawal for consumers result from the following right of withdrawal instruction.
Right of Withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us (Fa. Küchenzauber, Dina Maier, Schillerstr. 48, 73770 Denkendorf; Tel: +49-7113002425, Fax: +49-7113002427 Email: dina.maier@kuechenzauber.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, which is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal:
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exceptions to the Right of Withdrawal:
The right of withdrawal does not apply to or expires for the following contracts:
• for the delivery of goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery or if they have been inseparably mixed with other goods after delivery due to their nature;
• for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs;
• for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
Status of GTC ONLINESHOP: November 2020
The right of withdrawal does not apply to or expires for the following contracts:
• for the delivery of goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery or if they have been inseparably mixed with other goods after delivery due to their nature;
• for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs;
• for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
Status of GTC ONLINESHOP: November 2020