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BACK|Terms and Conditions

General Terms and Conditions and Consumer Information

1. ORDERING

a) You indicate your agreement with the terms and conditions stated below when you place an order. These conditions apply to all contracts, deliveries, and services of Lebkuchen-Schmidt. They also apply to all present and future business relations unless they are expressly agreed separately.
b) Any conditions of the purchaser that run contrary to these conditions are hereby expressly declared void. They remain void even if not contradicted again after receipt by Lebkuchen-Schmidt.
c)Additional agreements, amendments, or additions must be made in writing. This also applies to this condition requiring the written form.
d) Lebkuchen-Schmidt is not liable for errors made in orders transmitted by telephone, telegram, or any other telecommunications medium.

2. CONCLUSION OF THE CONTRACT IN THE ONLINESHOP

By clicking on the “Purchase” button, you are placing a binding order for the products contained in the shopping cart. You will receive confirmation of receipt of your order together with acceptance of your order by automatic e-mail as soon as you dispatch your order. The purchase order becomes effective with this e-mail confirmation.

3. DELIVERY

a) Lebkuchen-Schmidt will only ship orders valued at € 5.00 or more.
b) Lebkuchen-Schmidt will choose the mode of shipment, unless any other agreement has been made expressly. Lebkuchen-Schmidt will cover the cost of shipment chosen by Lebkuchen-Schmidt within Germany if the value of the order is € 10.00 or more. For orders from € 5.00 up to but not including € 10.00, Lebkuchen-Schmidt will charge a small shipping supplement of € 3.50 within Germany.
c) The delivery is made “free domicile” (i.e. behind the first lockable door). For a fee, we will arrange for “free delivery to the point of use” (i.e. for example to the 2nd story). Charges for this service and delivery at requested fixed times are available on request.
d) If an expressly agreed form of delivery fails and delivery has to be repeated, the additional costs incurred shall be borne by the purchaser.
e) Lebkuchen-Schmidt will arrange for delivery outside Germany according to the import regulations of the country concerned. As a rule, no duty costs and/or additional customs duties are charged in the country of destination. If this is the case, these costs shall be borne by the purchaser. It is not possible for Lebkuchen-Schmidt to include these costs in the calculation or to bear these costs.

4. TRANSFER OF RISK

If the purchaser is a consumer, the risk of accidental loss and accidental deterioration of the product even in the case of purchases with shipment is not transferred to the purchaser until the purchaser takes possession of the goods.

5. DELIVERY DISRUPTIONS

a) Lebkuchen-Schmidt shall not be liable for any delays in delivery and services resulting from force majeure and events that make delivery substantially more difficult or impossible for the vendor, for example, subsequently occurring material procurement difficulties, operational disruption, strikes, lockouts, personnel shortages, lack of transportation means, governmental regulations, etc., even in the case of binding, agreed delivery periods. In this case, no claims for indemnification can be made by the purchaser.
b) If the disturbance lasts for more than 14 days, each party to the contract has the right to cancel the contract. In this case, all parties to the contract are excluded from making claims for indemnification.

6. WARRANTY

The goods are subject to statutory rights based on liability for defects.

7. CANCELLATION

Advice on cancellation

Right of cancellation


You are entitled to cancel this contract without stating reasons within 14 days. The cancellation period is 14 days from the day you or a third party named by you who is not the carrier received the goods.


To exercise your cancellation rights, you must inform us (Lebkuchen-Schmidt GmbH & Co. KG, Zollhausstrasse 30, 90469 Nürnberg, phone +49 911-896631, fax +49 911-8966222, info@lebkuchen-schmidt.com) with a clear statement (e.g. a letter sent by mail, telefax, or email) of your decision to cancel this contract. For this, you may but are not obliged to use the supplied specimen cancellation form.


To comply with the cancellation period, it is enough to communicate your intention to exercise your right of cancellation before expiration of the cancellation period.


Consequences of cancellation

If you cancel this contract, we are obliged to refund to you, immediately and within 14 days from the day on which we received your declaration to cancel this contract, all payments that we have received from you, including shipment costs (excluding any additional costs incurred by your choice of a mode of shipment other than the low-cost standard mode of shipment offered by us). We will use the same means of payment for this refund that you used for the original transaction, unless otherwise expressly agreed with you; on no account will any charges be due from you resulting from this refund. We have the right to refuse refund until we have received the returned goods or until you have furnished proof that you have returned the goods, whichever takes place first.


You must return or hand over the goods immediately and in any case no later than 14 days from the day on which you informed us of the cancellation of this contract to us (Lebkuchen-Schmidt GmbH & Co. KG, Zollhausstrasse 30, 90469 Nürnberg, phone +49 911-896631, fax +49 911-8966222, info@lebkuchen-schmidt.com). The time limit has been observed if you dispatch the goods before the limit of 14 days has expired.


You bear the direct costs for returning the goods.


You will only be liable to pay for any loss of value of the goods if this loss of value is the result of handling of the goods beyond that necessary in order to examine the quality, properties, and functioning of the goods.



Cancellation form

If you wish to cancel the contract, please complete this form and return it to:

Lebkuchen-Schmidt GmbH & Co. KG, Zollhausstraße 30, 90469 Nürnberg, Germany, phone: +49 911-896631, fax: 0+49 911-8966222, info@lebkuchen-schmidt.com
- I/we (*) hereby cancel the contract that I/we (*) concluded for the purchase of the following goods (*) / for the provision of the following services (*) :
 

- ordered on (*) / received on (*)
 
- Name of purchaser(s)  
- Address of purchaser(s)  
- Signature of purchaser(s)  
- Date  
(*) Delete if not applicable.  

Link to download cancellation form: https://www.lebkuchen-schmidt.com/out/media/cancellation_form.pdf

8. LIMITATION OF LIABILITY

In the case of slight negligent violation of obligations, the liability of Lebkuchen-Schmidt is limited to the average direct damage, which is foreseeable and typical for the contract in consideration of the nature of the goods.

9. DEFAULT IN ACCEPTANCE BY THE PURCHASER

If the purchaser does not accept the goods, Lebkuchen-Schmidt reserves the right, after extending the original term by one week and after expiration of that date, to withdraw from the contract and to claim indemnity for nonperformance.

10. RETENTION OF TITLE

If the purchaser is a consumer, Lebkuchen-Schmidt reserves the right to retain ownership of the goods until the purchase price has been paid in full.

11. RIGHT OF WITHDRAWAL

Lebkuchen-Schmidt is entitled to withdraw from as yet unfulfilled purchase contracts by making a declaration to the purchaser, if the latter cancels his or her payments or if insolvency proceedings are opened against his or her assets, or if any other circumstances become known that could seriously call into doubt the ability to pay.

12. PAYMENTS

a) The purchaser is obligated to pay for the goods after receipt within 14 days net. Within Germany, you can choose one of the following methods of payment: payment against invoice by bank transfer, direct debit. For payments from abroad, you can choose one of the following methods of payment: credit card, advance payment by bank transfer.
b) If the purchaser is a consumer and defaults payment, he or she must pay interest on the debt at a rate of 5% above the base lending rate.
c) Lebkuchen-Schmidt is entitled, irrespective of contrary terms of the purchaser, to offset payments against the latter’s older debts. If costs and interest have already been incurred, Lebkuchen-Schmidt is entitled to offset the payments first against the costs, then against the interest, and last against the principal debt.

13. PROTECTION OF MINORS

Orders that include wine or spirits will only be accepted from persons over 18 years of age. With your order, you declare that you are at least 18 years of age. Should Lebkuchen-Schmidt ascertain that false information was provided when the order was placed, in particular, specifying a false age, Lebkuchen-Schmidt reserves the right to initiate criminal proceedings. The purchaser shall ensure that only he or she in person or an adult authorized by him or her may take possession of the shipment. Orders from minors are hereby rejected in accordance with § 111 BGB (German Civil Code).

14. PLACE OF PERFORMANCE AND PLACE OF JURISDICATION

a) If the purchaser is a consumer, the place of jurisdiction shall be determined by legal regulations.
b) For all contracts, German law applies exclusively, even to purchasers from outside Germany. Application of the UN Sales Convention is excluded.

15. SEVERABILITY CLAUSE

If individual provisions stated above are void or non-executable either as a whole or in part, or become void or non-executable subsequent to conclusion of the contract due to changes made in the law, the remaining provisions of the contract and their validity shall remain unaffected. As a replacement for the void and non-executable terms of the contract, the parties shall agree upon valid and executable provisions, the effect of which shall come as close as possible to the original provisions in their intention and purpose.

ALTERNATE PROVISIONS FOR BUSINESSES – PLEASE NOTE

Re 4.: If the purchaser is a business, the risk of accidental loss and accidental deterioration of the product will be transferred, in the case of purchases with shipment, on handover of the goods to the company tasked with shipping the goods. Re. 8.: Liability with respect to businesses shall be excluded in the case of slight negligent violation of minor contractual obligations.


Re 9.: If the purchaser is a business, the purchaser in this case owes indemnity amounting to 20 % of the purchase price, wherein both the purchaser and Lebkuchen-Schmidt reserve the right to prove higher or lower real damage.


Re 10.: If the purchaser is a business, Lebkuchen-Schmidt shall retain ownership of the goods until settlement has been made in full of all outstanding debts resulting from current business relations.


Re 12.: If the purchaser is a business and defaults payment, it must pay interest on the debt at a rate of 8% above the base lending rate. Lebkuchen-Schmidt reserves the right to claim indemnity from the business for a higher loss due to default.


Re 14.: If the purchaser is a merchant, the courts of Nuremberg shall have exclusive jurisdiction over all disputes arising from this contract as far as this is legally permissible.

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