General Terms and Conditions (AGB)
and Consumer Information
1. PLACEMENT OF ORDERSa) The following conditions are accepted by placing an order. They apply to all contracts, deliveries and services of Lebkuchen-Schmidt. They shall also apply to all present and future business relations, even if they are not expressly agreed again.
b) Any other terms and conditions of the customer are hereby expressly rejected. They are also not valid if they are not contradicted again after receipt by Lebkuchen-Schmidt.
c) Subsidiary agreements, amendments or supplements must be in text form; this also applies to this text form requirement itself.
d) Lebkuchen-Schmidt is not liable for errors in the transmission by telephone, telegram and other telecommunication devices.
2. CONCLUSION OF THE CONTRACT IN THE ONLINESHOPWith the information on products in our printed advertising material or in the internet shop we do not yet make a legally binding offer to you to purchase the products. Your order for the products is thus a binding offer on your part to us. A sales contract with us is concluded by our confirmation of order or by the goods delivery within three working-days and/or to your desired date of delivery (subject to goods availability).
3. DELIVERYa)a) Lebkuchen-Schmidt only delivers from an order value of € 5.00.
b) Lebkuchen-Schmidt chooses the type of shipment, unless other agreements are expressly made. Lebkuchen-Schmidt will bear the costs of the domestic shipping route chosen by Lebkuchen-Schmidt if the order value exceeds € 10.00. However, for an order value from € 5.00 to less than € 10.00, Lebkuchen-Schmidt charges a small shipment surcharge of € 3.50 within Germany.
c) Delivery is "free to door" (i.e. behind the first lockable door). We are also happy to deliver "free place of use" (i.e. 2nd floor). Fees for this, as well as for desired fixed dates, are available on request.
d) If an expressly agreed delivery is not possible and a new delivery becomes necessary, the additional costs for this shall be borne by the customer.
e) Lebkuchen-Schmidt delivers outside Germany according to the respective country-specific import regulations. As a rule, no customs costs and/or additional customs duties are levied in the countries of destination. Should this be the case, however, the customer must always pay for these costs. Lebkuchen-Schmidt is not able to calculate or accept these costs.
4. TRANSFER OF RISKIf the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods, even in the case of mail order purchases, shall not pass to the customer until the goods are handed over to him.
5. DELIVERY PROBLEMSa) Lebkuchen-Schmidt is not responsible for delays in delivery and performance due to force majeure and due to events that make delivery by the seller considerably more difficult or impossible - e.g. subsequently occurring difficulties in procuring materials, operational breakdowns, strike, lockout, lack of personnel, lack of means of transport, official orders, etc. - even in the case of bindingly agreed delivery times. In this case, no claims for damages arise for the purchaser.
b) If the disturbance lasts longer than 14 days, each party to the contract is entitled to withdraw from the contract. In this case, claims for damages are excluded for both parties.
6. GUARANTEEThere is a legal right of liability for defects for the goods.
Cancellation rightYou have the right to cancel this contract within 14 days without giving reasons. The cancellation notice period is 14 days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.
In order to exercise your cancellation right, you must inform us (Lebkuchen-Schmidt GmbH & Co. KG, Zollhausstraße 30, 90469 Nuremberg, Germany, telephone +49 911-896631, Telefax +49 911-8966222, firstname.lastname@example.org) by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached sample cancellation form, which is not mandatory.
In order to comply with the cancellation notice period, it is sufficient to send the notification about exercising the cancellation right before the end of the cancellation notice period.
Consequences of cancellationIf you cancel this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us) immediately and at the latest within 14 days of the day on which we receive notification of your revocation of this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you, and in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods immediately and in any case within 14 days at the latest from the day you inform us of the cancellation of this contract (Lebkuchen-Schmidt GmbH & Co. KG, Zollhausstraße 30, 90469 Nuremberg, +49 911-896631, Telefax +49 911-8966222, email@example.com). The deadline is met if you send the goods before the 14-day period has expired.
You bear the direct costs of returning the goods.
You will only have to pay for any loss of value of the goods if this loss of value is due to a handling of the goods which is not necessary for the examination of the condition, properties and functioning of the goods.
Cancellation formIf you want to cancel the contract, please fill out this form and send it back to us.
- On: Lebkuchen-Schmidt GmbH & Co. KG, Zollhausstraße 30, 90469 Nuremberg, Phone +49 911-896631, Telefax +49 911-8966222, firstname.lastname@example.org
- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following services (*) :
- Ordered on (*) / received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s)
(*) Delete as applicable.
DownloadHere you will find a link to download the cancellation form: Download now
8. LIMITATIONS OF LIABILITYLebkuchen-Schmidt is liable for damages according to the legal regulations in cases of intent, gross negligence, when accepting a guarantee for the item, as well as in cases of injury to life, limb or health, for which Lebkuchen-Schmidt is responsible. If Lebkuchen-Schmidt violates a cardinal obligation or an essential contractual obligation with simple negligence, Lebkuchen-Schmidt's obligation to pay compensation is limited to the typical contractual, foreseeable damage; however, Lebkuchen-Schmidt is not liable for financial losses (especially for lost profit) in case of material defects caused by simple negligence. In other cases of liability, claims for damages due to the violation of an obligation from the contractual obligation, as well as due to tort, are excluded.
9. ACCEPTANCE DEFAULT BY THE ORDERING PARTYIf the customer does not accept the goods, Lebkuchen-Schmidt is entitled to withdraw from the contract after setting a grace period of one week and after expiry of this period and to claim damages for non-performance.
10. RESERVATION OF TITLEIf the customer is a consumer, Lebkuchen-Schmidt reserves the right of ownership of the goods until the purchase price has been paid in full.
11. Cancellation RightLebkuchen-Schmidt is entitled to withdraw from not yet fulfilled sales contracts by declaration to the customer, if the customer stops payments or if insolvency proceedings are opened in respect of his assets or if other circumstances become known, which seriously question his ability to perform.
12. PAYMENTSa) The purchaser undertakes to pay for the goods within 14 days of the invoice date without deducting any discount. You can use the following payment methods at Lebkuchen-Schmidt: Payment on account, direct debit, advance payment, PayPal and credit card. In order to hedge our credit risk, we reserve the right to offer you only certain payment methods, depending on your creditworthiness.
b) If the customer is a consumer, he shall pay interest on the debt at a rate of 5% above the base rate during the period of default.
c) Lebkuchen-Schmidt is entitled to offset payments against older debts of the orderer, even if the orderer has other terms. If costs and interest have already been incurred, Lebkuchen-Schmidt is entitled to offset the payment first against the costs, then against the interest and finally against the main service.
13. STORAGE OF THE CONTRACT TEXTWe store your order, the entered order data, as well as the entire contract text. We will send you a confirmation of receipt of your order by e-mail with all order data and the complete text of the contract. You also have the possibility to print out both the order and the general terms and conditions before sending the order to us.
14. PROTECTION OF MINORSOrders containing wine or spirits will only be accepted from persons over 18 years of age. With your order, you confirm that you are at least 18 years old. If Lebkuchen-Schmidt becomes aware that an order is placed under false pretences, in particular, false age information, Lebkuchen-Schmidt expressly reserves the right to initiate criminal proceedings. The customer shall ensure that only he himself or an adult authorised by him can accept the consignment. Orders from persons not of full age are hereby expressly rejected in accordance with § 111 BGB [German Civil Code].
15. PLACE OF PERFORMANCE AND JURISDICTIONa) If the purchaser is a consumer, the place of jurisdiction shall be in accordance with the statutory provisions.
b) The provisions of the UN Sales Convention shall not apply.
DEVIATING REGULATIONS FOR ENTREPRENEURS - PLEASE NOTE
Regarding 4.:If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover, in the case of mail-order purchases, upon delivery of the goods to the company commissioned with the shipment.
Regarding 8.:There is no liability towards entrepreneurs in case of slightly negligent violation of insignificant contractual obligations.
Regarding 9.:If the orderer is an entrepreneur, the orderer in this case owes compensation for damages in the amount of 20% of the purchase price, whereby the proof of higher or lower damage is reserved for both the orderer and Lebkuchen-Schmidt.
Regarding 10.:If the orderer is an entrepreneur, Lebkuchen-Schmidt reserves the right of ownership of the goods until the complete settlement of all claims from an ongoing business relationship.
Regarding 12.:If the purchaser is an entrepreneur, he must pay interest on the money debt at a rate of 8% above the base rate during the period of default. Lebkuchen-Schmidt reserves the right to assert higher damage caused by delay against the entrepreneur.
Regarding 14.:If the customer is a merchant, the exclusive place of jurisdiction for all disputes arising from this contract shall be Nuremberg, Germany - insofar as this is legally permissible.
We are neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.