General Terms and Conditions

1. General Provisions

1.1 Scope of Application

These General Terms and Conditions apply in the version valid at the time the contract is concluded to all business relationships between us, Gmeiner Confiserie & Kaffeehausunternehmen Inh.: Volker Gmeiner e.K., Industriestraße 10, 77767 Appenweier, and you. Should you use conflicting general terms and conditions, we hereby expressly object to them.

1.2 Contractual Agreement

The contractual language is German.

1.3 Conclusion of Contract

1.3.1 Via Our Online Shop

The presentation of our product range in our online shop is initially non-binding and without obligation. The ordering process comprises four steps in total. In the first step, you select the desired goods. In the second step, you may, where applicable, add additional services such as greeting cards, and then enter your details including your billing address and, if applicable, a different delivery address. In the third step, you select your preferred payment method. In the fourth step, you have the opportunity to review all information (e.g. name, address, payment method, ordered items) once more and, if necessary, correct any input errors before confirming your order by clicking the button "PLACE ORDER AND PAY NOW". By placing the order, you make a binding contractual offer. We will confirm receipt of your order without undue delay. The confirmation of receipt does not yet constitute a binding acceptance of the order. We are entitled to accept the contractual offer contained in the order within two days of receipt of the order by e-mail, fax, telephone, post or by notifying you of the dispatch of the goods. The contract is only concluded upon acceptance.

We store the contract text and send it to you after you have submitted your order, together with these General Terms and Conditions and customer information, in text form (e.g. by e-mail, fax or post). However, after you have submitted your order, the contract text can no longer be accessed via the website. You may print the relevant website page containing the contract text using your browser's print function.

1.3.2 Individually (e.g. catalogue order by e-mail or fax, or order on site)

Alternatively, the contract may be concluded individually by offer and acceptance. Unless otherwise agreed, the usual procedure is that you submit an enquiry to us and receive a binding offer from us, which you may then accept within the period specified in the offer. The contract is concluded upon acceptance. We do not separately store the contract text; instead, the content of the contract is determined individually in each case by the agreement reached.

2. Description of Services and Delivery

2.1 General

As a confectionery, we offer you a wide range of confectionery products for sale. We also produce individual items for you on request, such as cakes. You are also welcome to purchase one of our vouchers for our product range. You can find our range of services, among other sources, on our website and in our catalogue.

2.2 Performance of Services

We are entitled to have the contract or parts of the contract fulfilled by third parties.

2.3 Partial Deliveries

We are entitled to make partial deliveries if this is reasonable for you. In the case of partial deliveries, however, no additional shipping costs will be charged to you.

2.4 Delays in Delivery and Performance

Delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events that cannot be prevented even with the utmost care on our part and for which we are not responsible (these include in particular strikes, official or court orders such as in the case of pandemics, and cases of incorrect or improper self-supply despite corresponding cover transactions) entitle us to postpone delivery for the duration of the impeding event.

2.5 Exclusion of Delivery

Post office box addresses will not be delivered to.

2.6 Default in Acceptance

If you are in default of acceptance of the ordered goods, we are entitled, after setting a reasonable additional period, to withdraw from the contract and to claim damages for delay or for non-performance. During the period of default in acceptance, you bear the risk of accidental loss or accidental deterioration.

2.7 Time of Performance

For goods to be produced individually, we will generally agree the delivery time with you.

Unless expressly agreed otherwise, delivery by us takes place within 7 days. The period for delivery begins, in the case of advance payment, on the day after the payment order is given to the remitting bank, and in the case of payment on account, on the day after conclusion of the contract. The period ends on the seventh day thereafter. If the last day of the period falls on a Saturday, Sunday or a public holiday recognised at the place of delivery, the period ends on the next working day.

3. Payment

3.1 Prices and Shipping Costs

All prices include value added tax. In addition, the separately stated costs for packaging and shipping apply, unless collection by you at our business premises has been agreed.

3.2 Late Payment

You are in default of payment if payment is not received by us within two weeks of receipt of the invoice. In the event of late payment, interest is charged at a rate of 5 percentage points above the base rate of the European Central Bank, or 9 percentage points above the base rate of the European Central Bank in legal transactions to which a consumer is not a party. Should you fall into arrears with your payments, we reserve the right to charge reminder fees in the amount of EUR 2.50. The assertion of further damages remains unaffected. You retain the right to prove that we have suffered no damage or lesser damage.

3.3 Right of Retention

You are only entitled to assert a right of retention for such counterclaims as are due and are based on the same legal relationship as your obligation.

4. Right of Withdrawal Information for Consumers in Distance Selling Contracts

4.1 Right of Withdrawal Information for Purchase Contracts and Contracts for Work and Materials

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, take or took possession of the goods / the last item of goods.

To exercise your right of withdrawal, you must inform us (Gmeiner Confiserie & Kaffeehausunternehmen Inh.: Volker Gmeiner e.K., Industriestraße 10, 77767 Appenweier, telephone: 0 78 05 - 91697-0, fax: 0 78 05 - 91697-17, e-mail: info@confiserie-gmeiner.com) 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 may use the attached model withdrawal form for this purpose, although this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Effects 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 of 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 any event, you will not 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 earlier.

You shall send back the goods or hand them over 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 of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.

- End of Right of Withdrawal Information -

Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer. Likewise, there is no right of withdrawal for contracts for the supply of goods that can deteriorate rapidly or whose best-before date would be exceeded quickly.

Special Notes on the Premature Expiry of the Right of Withdrawal

For contracts for the supply of sealed goods which are not suitable for return due to health protection or hygienic reasons, your right of withdrawal expires prematurely if the seal on the goods was removed after delivery. For contracts for the supply of sound or video recordings or computer software in sealed packaging, your right of withdrawal expires prematurely if the seal was removed after delivery.

4.2 Right of Withdrawal Information for Service Contracts

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 of conclusion of the contract.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you have requested that the services should begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until the time when you informed us of your exercise of the right of withdrawal with regard to this contract, in comparison with the full scope of the services provided for in the contract.

- End of Right of Withdrawal Information -

Special Notes on the Premature Expiry of the Right of Withdrawal

Your right of withdrawal expires prematurely if we have fully performed the service and only began performing the service after you gave your express consent to this and simultaneously confirmed your knowledge that you would lose your right of withdrawal upon complete performance of the contract by us.

5. Your Responsibility (in Particular for Commissioned Work)

5.1 General

You alone are responsible for the content and accuracy of the data and information transmitted by you. This data and information must not violate applicable laws or these General Terms and Conditions in their content. You also undertake not to transmit any data whose content infringes the rights of third parties (e.g. personality rights, name rights, trademark rights, copyrights, etc.). By transmitting data to us, you confirm that you have complied with copyright provisions.

5.2 Indemnification

You shall indemnify us against all claims asserted against us by third parties on account of such infringements. This also includes reimbursement of the costs of necessary legal representation.

5.3 Data Backup

You share responsibility for backing up the information sent. We cannot be held liable for the loss of information sent by you, as we do not provide any general guarantee of data backup.

5.4 Abusive Content

Content glorifying violence, pornographic or otherwise offensive or criminal content will not be incorporated into our work. In such a case, we may terminate the contractual relationship with you if you insist on the incorporation of such content. The right to extraordinary termination remains unaffected.

6. Retention of Title

The delivered goods remain our property until the purchase price has been paid in full. You must at all times treat the goods subject to simple retention of title with care. You assign to us any claim or compensation you receive for damage to, destruction of or loss of the delivered goods. If you act in breach of contract, in particular in the event of late payment, we are entitled to take back the purchased goods. In this case, taking back the goods does not constitute withdrawal from the contract unless we expressly declare this in text form.

7. Warranty

7.1 Warranty for Purchase Contracts and, Where Applicable, Contracts for Work and Materials

7.1.1 Warranty Claim

Statutory warranty rights apply. A warranty claim can only arise with regard to the qualities of the goods; reasonable deviations in the aesthetic properties of the goods do not give rise to a warranty claim. In particular with regard to descriptions, representations and information in our offers, brochures, catalogues, on the website and in other materials, technical and design deviations may occur (e.g. colour, weight, dimensions, design, scale, positioning, etc.) insofar as these changes are reasonable for you. Such reasonable grounds for changes may arise from customary commercial fluctuations and technical production processes. Where guarantees are provided in addition to warranty claims, you will find their exact conditions with each product. Any guarantees do not affect warranty rights. You are obliged to make the defective goods available to us for the purpose of subsequent performance.

7.1.2 Warranty Towards Consumers

The risk of accidental loss or deterioration of the goods sold passes to you only upon handover of the goods. Should you notice that the outer packaging arrives damaged or discover damage to the goods after receipt, we ask you to inform us of this. However, there is no obligation to provide such notification, nor are warranty rights affected by failure to provide notification. If the goods are defective, you may, at your choice, demand subsequent performance in the form of repair or replacement delivery within a reasonable period. We bear the costs of taking back the goods to be replaced.

7.1.3 Warranty Towards Business Customers

Towards business customers, deviating from the statutory warranty provisions, in the event of a defect we shall, at our own choice, provide subsequent performance in the form of remedying the defect or new delivery. In this case, the risk of accidental loss or deterioration of the goods passes to you upon handover to the person designated for transport. Business customers must report obvious defects without undue delay and non-obvious defects without undue delay after discovery in text form; otherwise, assertion of the warranty claim is excluded. Timely dispatch is sufficient to meet the deadline. Business customers bear the full burden of proof for all conditions of the claim, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.

7.1.4 Rights in the Case of an Immaterial Defect

In the case of an immaterial defect only, you are entitled, to the exclusion of the right of withdrawal, solely to an appropriate reduction of the purchase price.

7.1.5 Damages for Defects

No warranty is provided for damage resulting from improper handling or use. Reference is expressly made to the liability exclusion set out below.

7.1.6 Limitation Period

For consumers, the statutory limitation periods apply, unless a deviating limitation period has been expressly agreed for used goods. If you are a business customer, warranty for used goods is excluded and for new goods it is limited to 1 year. The right of recourse under Section 478 of the German Civil Code (BGB) is excluded from this. The shortening of the limitation period expressly does not exclude liability for damage arising from injury to life, body or health or in cases of intent or gross negligence. The provisions of the German Product Liability Act (Produkthaftungsgesetz) also remain unaffected.

7.2 Warranty for Contracts for Work and Services

7.2.1 Warranty Claim

Statutory warranty rights apply. If the work is defective and you demand subsequent performance, we may, at our choice, remedy the defect or produce a new work. If defects are not remedied even after at least two attempts at repair, you are entitled to withdraw from the contract or to a reduction in price.

7.2.2 Rights in the Case of an Immaterial Defect

In the case of an immaterial defect only, you are entitled, to the exclusion of the right of withdrawal, solely to an appropriate reduction of the agreed remuneration for the work.

7.2.3 Damages for Defects

No warranty is provided for damage resulting from improper handling or use. Reference is expressly made to the liability exclusion set out below.

7.2.4 Passing of Risk

Within the scope of warranty handling, the risk of accidental loss or deterioration of the work passes to you only upon acceptance of the work.

7.2.5 Notification

Should you notice that the outer packaging arrives damaged or discover damage to the goods after receipt, we ask you to inform us of this. However, there is no obligation to provide such notification, nor are the consumer's warranty rights affected by failure to provide notification.

7.2.6 Limitation Period

Warranty claims become time-barred within one year of the passing of risk, unless the work involves the construction of a building or a work the success of which consists in the provision of planning or supervisory services for such a building. In these cases, the limitation period is five years. The shortening of the limitation period expressly does not exclude liability for damage arising from injury to life, body or health or in cases of intent or gross negligence. The provisions of the German Product Liability Act (Produkthaftungsgesetz) also remain unaffected.

8. Liability

8.1 Limitation of Liability

We, as well as our legal representatives and vicarious agents, are only liable for intent or gross negligence. Where essential contractual obligations are affected (i.e. those obligations whose fulfilment is of particular importance for achieving the purpose of the contract), we are also liable for slight negligence. In this case, liability is limited to foreseeable, typical contractual damage. Towards business customers, in the event of a grossly negligent breach of non-essential contractual obligations, we are only liable to the extent of foreseeable, typical contractual damage.

8.2 Reservation of Liability

The above limitation of liability does not affect liability for damage arising from injury to life, body or health. The provisions of the German Product Liability Act (Produkthaftungsgesetz) also remain unaffected by this limitation of liability.

9. Final Provisions

9.1 Place of Jurisdiction

Our place of business is agreed as the exclusive place of jurisdiction for all disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law.

9.2 Choice of Law

Unless mandatory statutory provisions under the law of your home country provide otherwise, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

9.3 Consumer Dispute Resolution

The European Commission has created an internet platform for the online resolution of disputes concerning contractual obligations arising from online contracts (ODR platform). You can access the ODR platform at the following link: https://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

9.4 Severability Clause

The invalidity of individual provisions does not affect the validity of the remaining General Terms and Conditions.