General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts which you conclude with us as the provider (Foodis GmbH) via the website www.crepesshop.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions used by you is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes which can predominantly not be attributed to either their commercial or their independent professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods .
(2) By placing the respective product on our website, we are already making you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to access the "shopping cart" and make changes there at any time.
After clicking the button "Checkout" or "Proceed to order" (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order summary.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be directed to the order summary page in our online shop or be redirected to the website of the provider of the instant payment system.
If you are redirected to the relevant instant payment system, you will make the appropriate selection or enter your data there. Finally, the order data will be displayed to you as an order summary on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the option of checking the information in the order summary again, changing it (also by using the "back" function of the internet browser) or cancelling the order.
(4) Your enquiries to prepare an offer are non-binding for you. We will submit a binding offer in text form (e.g. by email) which you can accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of the emails is technically secured and, in particular, that it is not prevented by SPAM filters.
§ 3 Special Agreements on Offered Payment Methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment is processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are shown to you under a correspondingly labelled button on our website and during the online ordering process. "PayPal" may use further payment services for processing payments; insofar as special payment conditions apply to these, you will be informed about them separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 4 Right of Retention, Reservation 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 remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Pledging or assigning the goods as security is not permitted before the title is transferred.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice value that accrue to you from the resale; we accept the assignment. You are further authorised to collect the claim. However, insofar as you do not properly comply with your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the goods subject to retention of title, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent upon us.
§ 5 Warranty
(1) The statutory warranty rights 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 does not affect your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of the deviation by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following applies notwithstanding the above warranty provisions:
a) Only our own information and the manufacturer's product description shall be deemed to constitute an agreement on the quality of the goods, but not other advertising, public promotions and statements made by the manufacturer.
b) In the event of defects, we shall provide a warranty at our discretion through repair or replacement. If the rectification of the defect fails, you may demand a price reduction or withdraw from the contract at your discretion. The rectification of defects shall be deemed to have failed after an unsuccessful second attempt, unless something else is apparent in particular from the nature of the goods or defect or from the other circumstances. In the case of repair, we do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The reduced warranty period does not apply:
- to damages culpably caused by us resulting from injury to life, body or health 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 item;
- in the case of items which have been used for a building in accordance with their customary use and which have caused its defectiveness;
- in the case of statutory recourse claims which you have against us in connection with rights arising from defects.
§ 6 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn (favourability principle).
(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, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is not known at the time the action is brought. The right to also bring the action before a court at another statutory place of jurisdiction shall remain unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.
II. Customer Information
1. Identity of the Seller
Foodis GmbH
Adolf-Murthum-Str.23
70771 Leinfelden-Echterdingen
Germany
Phone: +49 711 933 43 900
Email: info@crepesshop.com
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German .
3.2. The complete text of the contract is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out via the print function of the browser 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 email.
3.3. For enquiries about offers outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g. by email, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have submitted ourselves to the Buyer Seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/
5. Essential Features of the Goods or Services
The essential features of the goods and/or services can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices stated in the respective offers as well as the shipping costs constitute total prices. They include all price components including all applicable taxes.
6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, will be shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.
6.4. Costs incurred for money transfer (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
6.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. Delivery Conditions
7.1. The delivery conditions, the delivery date and any delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment is only transferred to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This shall not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, the delivery and shipment is at your risk.
8. Statutory Right of Liability for Defects
The liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were prepared by lawyers specialising in IT law of the Händlerbund and are continuously checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. For more information, please visit: https://www.haendlerbund.de/
Last updated: 22.10.2024