General Terms and Conditions of Business [GTC]
1. General, scope of application of the GTC
2. Conclusion, effectiveness of the contract
3. Voucher, greeting cards
4. Archiving of the contract
5. Cancellation right for consumers
6. Sample cancellation form
7. Transport damage
8. Prices and shipping costs
9. Terms and conditions of shipment
10. Terms and conditions of payment
11. Warranty
12. Liability
13. Customer services
14. Proper law, venue
15. Miscellaneous, severability
1. General, scope of the GTC
1.1 All deliveries and services are provided solely and exclusively on the basis of the following General Terms and Conditions of Business (hereinafter: “GTC”) as most recently revised at the time the order is placed. Unless otherwise expressly agreed in writing, deviating terms and conditions of business do not apply.1.2 The contractual partner in the online shop www. lauensteiner.de is the company Lauenstein Confiserie GmbH, Lauensteiner Strasse 41, 96337 Ludwigsstadt, represented by the managing director Thomas Luger, Commercial Register of Coburg Local Court, HRB 1536, VAT identification number DE132454759 (hereinafter: the “Seller”).
1.3 Customers within the sense of these Terms and Conditions of Business may be both consumers (section 13 Civil Code [Bürgerliches Gesetzbuch; BGB]) and entrepreneurs (section 14 BGB) (hereinafter: “Customer”). Consumers are any natural persons who conclude a legal transaction for purposes that cannot be attributed primarily to their commercial or freelance professional activities. Entrepreneurs within the sense of the Terms and Conditions of Business are any natural persons or legal entities or business partnerships of legal capacity that conclude the contract with the Seller in the conduct of their commercial or freelance professional activities.
1.4 Pursuant to section 9 Youth Protection Act [Jugendschutzgesetz; JuSchG], the sale of alcoholic beverages (e.g. beer, wine and sparkling wine) to children and young people under the age of 16 is prohibited. The minimum age for the purchase of spirits is 18. By placing your order, you confirm that your purchase of the alcoholic beverages is lawful.
If and when your order includes products whose sale is subject to age restrictions, we will employ a reliable procedure involving a personal identity and age check to ensure that the orderer has reached the required minimum age.
2. Conclusion, effectiveness of the contract
2.1 Our online shop contains our offer to conclude the contract with us. You can accept this offer by placing your order. We reserve the right to refuse this order by notifying you without delay.2.2 When you have found a desired product, you can (for example) examine it more closely without obligation by clicking on the product name or the product image. By clicking on the button [Add to shopping cart], you can place the product in your shopping cart. You can view the contents of the shopping cart without obligation at any time by clicking on the link/icon [Shopping cart]. You can remove or change the products in the shopping cart again by clicking on the [Remove] and [Update] icons. If you want to buy the products in the shopping cart, click on the [Checkout] button on the “Shopping Cart” page. The next step in the ordering process is the entry of your personal data and selection of the shipping and payment methods. In the final step (“Review”), you will receive an overview of your order data where you can review all details once again and make any necessary corrections, deletions or changes. You can also correct entry errors by navigating back in the browser or by cancelling the order process and starting over. To complete the purchase, you must accept our General Terms and Conditions of Business and click on the button [Order now]; this action constitutes a binding obligation to pay for the order. It also sends the order to us. We will respond by sending a confirmation of the order to you by email.
3. Vouchers, greeting cards
3.1 You have the opportunity to purchase online vouchers on our site. When your order has been submitted, we will send the voucher by email or post directly to the address you have provided; you may add a custom message if you wish. Vouchers purchased online can be redeemed solely in the online shop. The recipient of the voucher can order products from the online shop listed on the voucher after entering the voucher code. If the purchase price of the recipient’s order exceeds the value of the voucher, the orderer/recipient must pay the difference. If the purchase price of the order is less than the amount stated in the voucher, the price of the ordered products will be deducted from the value of the voucher; the voucher remains valid for the outstanding difference.3.2 We are not liable for the risk of incorrect information you have provided for the voucher recipient. If you notice that you have entered incorrect data for the voucher recipient, we can block the voucher code in accordance with your instructions provided that the voucher has not yet been redeemed. We will issue a new voucher and send it to the correct recipient.
3.3 You have the option of asking us to enclose a greeting card containing a text you have specified with the product shipment. Obviously, any such text must not violate the rights of any third parties and must not be offensive or insulting. We reserve the right to review the text for any infringements of this nature. We do not specify here the terms for the return of products paid for with a voucher and will decide on a case-by-case basis.
4. Archiving of the contract text
We store your order and the entered order data. We will send to you by email a confirmation of receipt of your order followed by an order confirmation containing all order data. You also have the option of printing out both the order and the General Terms and Conditions of Business before submitting the order to us. Finally, you have access to the orders you have placed at any time in your customer account.The privacy policy available on our website at www.lauensteiner.de applies to all transactions.
5. Cancellation right for consumers
Solely consumers may exercise the following cancellation right:
Cancellation right
You have the right to cancel this contract within fourteen days without giving your reasons for the cancellation.
The cancellation period is fourteen days from the day on which you or a third party you have designated and who is not the freight carrier has obtained possession of the products.
If you wish to exercise your cancellation right, you must send to us a notification (e.g. a letter sent by post or an email) at Lauenstein Confiserie GmbH, Lauensteiner Strasse 41, 96337 Ludwigsstadt, email: info@lauensteiner.de, containing a clear and unambiguous statement of your decision to cancel this contract. You may use the attached sample cancellation form for this purpose, but its use is not required.
Your notification of your exercise of the cancellation right will be deemed in good time if you send it before expiration of the cancellation period.
Consequences of the cancellation
If you cancel this contract, we must reimburse to you without delay any and all payments that we have received from you, including shipping costs (with the exception of the additional costs that result from your having selected a means of shipment other than the lowest-cost standard delivery we offered), i.e. no later than within fourteen days from the day on which we received the notification of your cancellation of this contract. We will use the same method of payment for the reimbursement that you used for the original transaction unless otherwise expressly agreed with you; under no circumstances will you be billed any charges because of the reimbursement. We may refuse the reimbursement until we have received the return of the products or you have submitted proof that you have shipped the products, whichever is earlier.
You are required to ship the products back to us or to hand them over without delay and in any case no later than within fourteen days of the day on which you notified us of the cancellation of this contract. You will be deemed in compliance with the deadline if you ship the products before the expiration of the fourteen-day period. We will bear the costs for the return of the products.
You must pay compensation for any loss of value in the products solely if this loss of value is a consequence of your examination of the characteristics, properties and functionalities of the products beyond the necessary scope.
The cancellation right does not exist:
if and when the delivered products are not prefabricated and have been manufactured in accordance with the customer’s specific selection or instructions or are clearly tailored to meet the consumer’s personal needs; the delivered products can spoil quickly or their expiry date would be exceeded quickly; or the delivered products are sealed, the sealed packaging was removed after delivery and the products are not returnable owing to health protection or hygiene reasons.
6. Sample cancellation form
(If you are a consumer and wish to cancel the contract, please complete this form and return it to us.)
An
Lauenstein Confiserie GmbH
Lauensteiner Straße 41
96337 Ludwigsstadt
E-Mail: info@lauensteiner.de
I/we(*) hereby cancel the contract I/we(*) have concluded for the purchase
of the following products(*)/the provision of the following service(*)
ordered on(*)/received on(*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for notification on paper)
Date(*)
Strike through if not applicable.
7. Transport damage
7.1 If our customer is a consumer, the following applies: If the inspection of a shipment determines that damage occurred during transport, please submit a complaint to the shipping agent without delay and contact us as soon as possible. Failure to submit a complaint or to contact us does not have any adverse consequences for the statutory warranty claims of the consumer as a customer. However, the Customer helps us to assert our own claims against the carrier or the transport insurance by taking these steps.
7.2 If our customer is an entrepreneur, he is obligated pursuant to section 377 Commercial Code [Handelsgesetzbuch; HGB] to inspect the consignment immediately and to notify us immediately of any defects or damage that is determined. The specifics of this obligation are set forth in the aforementioned statutory provision and the related judiciary decisions that have been handed down.
8. Prices and shipping costs
8.1. All prices are shown including the statutory value-added tax and excluding shipping costs. We contract DHL or another provider of our choice for the shipment.
8.2. Shipping to an address in Germany will not be charged for orders with a value of €50.00 or more (including value-added tax (VAT)) with the exception of a surcharge of €2.60 on refrigerated shipments. Shipping charges of €5.90 (€8.50 for refrigerated shipments) will be billed for orders with a value of less than €50.00 (including value-added tax (VAT).
A low-quantity surcharge of €5.00 (including value-added tax (VAT)) will be billed in addition to the shipping costs for orders with a value of less than €15.00 (including value-added tax (VAT)).
9. Terms and conditions of shipment
9.1. Unless otherwise stated in the offer or our order confirmation, the products will be shipped within three to five working days (Monday–Friday) after receipt of payment. Unless otherwise stated in the offer, products sold against invoice will be dispatched within three to five working days after the order confirmation has been served.
9.2. The following regulations apply to express shipments:
Orders received by 10 a.m. on Monday to Thursday will be delivered on the next working day. All orders received after 10 a.m. will be delivered on the working day after next; delivery on Saturdays is not possible. Orders received by 10 a.m. on Friday will be delivered on Monday; orders received after 10 a.m. on Friday and no later than Sunday will be delivered on Tuesday.
9.3. The following regulations apply to shipments within the EU/to other countries:
Please make sure you have a correct address or shipping address. If the products cannot be delivered and are returned to us, the incurred costs will be charged to the buyer.
9.4. The quality of the products that we ship may suffer if the outside temperatures are very high. We therefore reserve the right to hold shipment of the products until outside temperatures permit. In this case as well, the products will be shipped in accordance with the aforementioned shipping dates within two weeks at the latest.
9.5. Subject to misprints, errors, changes in compilation and design.
10. Terms and conditions of payment
10.1. You have the option of paying by credit card, direct debit, Klarna, PayPal, Sofortüberweisung or against invoice. The options for a first-time order or for orders placed as guest customers, however, are limited to PayPal, Klarna, Sofortüberweisung or credit card. When you place your first order with us, we will also ship your order if payment is made against invoice or by direct debit or Sofortüberweisung through Klarna Bank AB, German Branch. An identity and creditworthiness check will be conducted. You will be forwarded directly to Klarna after you have placed your binding order. You may place your second and later orders with us on your own account as well if you have set up a customer account. We reserve the right to preclude specific payment methods. If you pay by credit card or direct debit, your credit card will be charged after the order confirmation has been sent to you. If you pay by PayPal, you will be forwarded directly to PayPal during the order process and order the payment here yourself. If payment is made against invoice, the invoice amount must be transferred to our account within 10 days.
10.2. We retain title of ownership to all delivered products until full payment has been received.
10.3. If our customer is a consumer, he will be charged interest on the overdue purchase price at a rate of 5 percentage points above the base interest rate after default of payment has occurred.
If our customer is an entrepreneur, he will be charged interest on the overdue purchase price at a rate of 9 percentage points above the base interest rate after default of payment has occurred.
We reserve the right in all cases to prove we have actually suffered a greater loss because of the default and to claim compensation.
10.4. Invoices are issued solely to the Customer as our contractual partner.
Any subsequent re-issue of the invoice to another invoice recipient requested by the Customer is subject to express agreement in text form between the Customer and us. In the event that we agree in this form to the subsequent re-issue of the invoice to another invoice recipient, our Customer as our contractual partner (as well as the new invoice recipient) will remain liable for payment of the invoice amount.
If an invoice is re-issued in accordance with the above provision, we are entitled to charge the invoice recipient a lump sum of €25.00 (for which the Customer is also liable) to cover the administrative costs incurred. Our Customer and the invoice recipient have the right to prove that our incurred expenses are lower than this lump sum.
11. Warranty
11.1. We offer a warranty in accordance with statutory provisions.
11.2. Our products are foodstuffs, especially luxury foodstuffs, that may be perishable. The best-before dates we have stated are valid solely if and when the products are stored properly.
11.3.If the Customer is a consumer, the products we ship have a best-before date covering a period of a minimum of six weeks from the shipment date.
11.4.If our Customer is an entrepreneur acting as a reseller, he is himself responsible for the proper rotation of the products. The products we ship have a best-before date covering a period of a minimum of three months from the date of shipment to the Customer. If this best-before date subsequently expires during the period in which the Customer or the end user is in possession of the products, we will neither refund the purchase price nor replace the products.
11.5. If our Customer is an entrepreneur, the Customer is obligated in accordance with section 377 HGB to inspect the products without delay upon receipt and to notify us of any discovered defects. We define “without delay” as a period of no more than five calendar days after receipt of the products. Once this period has expired, the products will be deemed to have been duly accepted. If a complaint is justified, we will either deliver replacement products or refund the purchase price attributable to the defective products.
11.6. The liability regulations set forth in section 12 below apply in all other respects.
12. Liability
Insofar as we are liable pursuant to contractual agreements or statutory regulations, the following provisions apply.
12.1. We are liable without limitation if and when we are culpable of wilful intent or gross negligence pursuant to the provisions of the Product Liability Act.
12.2. If we are culpable of simple negligence, we are liable without limitation for harm resulting from injury to life, limb and health of persons.
12.3. If we are culpable of simple negligence, we are liable solely for a breach of material contractual obligations that must be fulfilled for the proper performance of the contract and that the Customer may generally expect to be fulfilled (so-called cardinal obligation), subject to the proviso that the conditions set forth in section 12.2 above are not present. If and when liability exists in this respect, it is limited in the amount to the harm or loss foreseeable for us at the time of conclusion of the contract and that can reasonably be expected to occur in such cases.
12.4. In all other respects (i.e. if and when the aforementioned conditions in sections 12.1. to 12.3. are not present), we do not incur any liability.
12.5. The above liability regulations (limitations of liability) also govern the actions of our vicarious agents.
13. Customer service
If you have any questions, complaints or claims, please contact us. You can reach us by phone at 09263/945–0 or by email at info@lauensteiner.de from 8 a.m. to 12 noon and from 1 p.m. to 4 p.m. Monday to Friday.
14. Proper law, venue
14.1. Proper law is solely and exclusively the law of Germany, precluding application of the UN sales law (CISG).
This choice of law applies for consumers solely to the extent that it does not derogate mandatory provisions of the law of the country in which they have their habitual residence.
14.2. . If the Customer is an entrepreneur, a legal entity under public law or a special fund under public law, the venue for any and all disputes arising from the contractual relationship is the local court having jurisdiction at our company’s domicile.
15. Miscellaneous, severability
15.1. German is the authoritative language of the contract.
15.2. Should one or more provisions in these GTC be or become void or ineffective, it is without prejudice to the validity or effectiveness of the remaining provisions of the GTC. Insofar as a single provision is void or ineffective, the content of the contract is governed by the statutory provisions.
Status:
10.03.2023