General terms and conditions

§ 1 Scope and provider
(1) These general terms and conditions apply to all orders placed in the online shop "schokoladenform.com" of the company:

Meine Formen GmbH
Hohenzollernstrasse 5
D-72149 Neustetten
Germany

Phone +49 7472 / 960 902 0
E-mail: shop@schokoladenform.com
www.schokoladenform.com

Managing Director:
Thilo Brückner (address as above)
Heiko Weiß (M.A.) (address as above)

Local court Stuttgart, HRB 769425

(2) The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.

(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions of Business shall therefore also apply to companies for all future business relations, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer which contradict our general terms and conditions is hereby already contradicted.

(4) Contract language is exclusively German.

5) You can call up and print out the currently valid General Terms and Conditions on the website: schokoladenform.com.

§ 2 Conclusion of contract
(1) The presentation of goods in the online shop does not represent a binding application for the conclusion of a sales contract. Rather, it is a non-binding request to order goods in the online shop.

(2) By clicking on the button "Order now for payment" you submit a binding offer to purchase.

(3) After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.

(4) A contract of sale for the goods shall only be concluded if we expressly declare acceptance of the purchase offer or if we send the goods to you - without prior express declaration of acceptance.

§ 3 Prices
The prices stated on the product pages contain the statutory value added tax and other price components and are exclusive of the respective shipping costs.

§ 4 Terms of payment; default
(1) Payment is optional: Invoice by advance payment, cash on delivery, paydirekt or Paypal.

(2) If you choose the payment method prepayment, we will give you our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days after receipt of the order confirmation.

(3) If you fall behind with a payment, you are obliged to pay the legal default interest of 5 percentage points above the base interest rate. You will be charged a reminder fee of EUR 2.50 for each reminder letter sent to you after the default has occurred, unless lower or higher damages are proven in the individual case.

§ 5 Set-off/right of retention
(1) You shall only be entitled to offsetting if your counterclaim has been legally established, is not disputed or recognised by us or is in a close synallagmatic relationship with our claim.

(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 6 Delivery; Retention of title
(1) Unless otherwise agreed, the goods will be delivered from our warehouse/works to the address you have specified.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur within the meaning of § 14 German Civil Code, the following shall apply in addition:

  • We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.
  • 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 amount that accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly fulfil your payment obligations, we reserve the right to collect claims ourselves.

If the goods subject to retention of title are combined and mixed, we shall 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.

We undertake to release the securities to which we are entitled on request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 7 Cancellation policy
In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), i.e. you make the purchase for purposes that can predominantly be attributed neither to your commercial nor your self-employed professional activity, you have a right of revocation in accordance with the following provisions.

Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons. The withdrawal period is fourteen 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 right of withdrawal, you must give us:

Meine Formen GmbH
Hohenzollernstrasse 5
D-72149 Neustetten
Germany

Phone +49 7472 / 960 902 0
e-mail: shop@schokoladenform.com
www.schokoladenform.com

inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached model revocation form, but this is not mandatory.

In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
We may refuse to make any 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 to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.

Sample cancellation form
If you wish to revoke the contract, please fill out and return the sample revocation form.

End of the revocation instruction
(1) The right of revocation does not apply to the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. chocolate moulds with your logo and/or your name), to the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

(2) Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure sufficient protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.

(3) Before returning the product, please call us at +49 7472 / 960 902 0 to announce the return. In this way you will enable us to assign the products as quickly as possible.

(4) Please note that the modalities mentioned in the above paragraphs 2 and 3 are not prerequisites for the effective exercise of the right of withdrawal.

§ 8 Damage in transit
(1) If goods with obvious transport damages are delivered, please complain about such defects immediately to the deliverer and contact us as soon as possible.

(2) Failure to make a complaint or contact us will have no consequences for your statutory warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.


§ 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. German Civil Code).

(2) If you are a consumer within the meaning of § 13 German Civil Code, the limitation period for warranty claims for used goods - in contrast to the statutory provisions - is one year. This limitation does not apply to claims based on damages resulting from injury to life, body or health or from the breach of a material contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation), nor to claims based on other damages which are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.

(3) In all other respects, the statutory provisions shall apply to the warranty.

(4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the statutory provisions shall apply with the following modifications:

  • Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public praise and statements and other advertising by the manufacturer.
  • You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from the time of discovery. In the event of a breach of the obligation to inspect and give notice of defects, the assertion of warranty claims shall be excluded.

In the event of defects, we shall provide warranty at our discretion either by repair or replacement (subsequent performance). In the case of rectification of defects, we do not have to bear the increased costs incurred by taking the goods to a place other than the place of performance, unless the transfer corresponds to the intended use of the goods.

If the subsequent performance fails twice, you may, at your option, demand a reduction in price or withdraw from the contract. The warranty period is one year from delivery of the goods.

§ 10 Liability
(1) Unlimited liability: We are liable without limitation for intent and gross negligence and in accordance with the German Product Liability Act. In the case of slight negligence, we shall be liable for damages resulting from injury to life, body and health of persons.

(2) Otherwise, the following limited liability shall apply: In the case of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must be typically expected. This limitation of liability shall also apply in favour of our vicarious agents.

§ 11 Miscellaneous
By registering with the online shop "schokoladenform.com", the customer authorises Meine Formen GmbH to use his personal data to send a free newsletter. There is no legal claim to the sending of the newsletter. Meine Formen GmbH can restrict or completely stop sending the newsletter at any time. If the customer does not wish to continue receiving the newsletter, he can object to it at any time by sending a written notice (e-mail or letter) to

Meine Formen GmbH
Hohenzollernstrasse 5
D-72149 Neustetten
Germany

Phone +49 7472 / 960 902 0
e-mail: shop@schokoladenform.com
www.schokoladenform.com

§ 12 Final provisions
(1) Should one or more provisions of these GTC be or become invalid, the validity of the other provisions shall not be affected.

(2) German law is exclusively applicable to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").

(3) If you are a merchant, legal entity under public law or special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you shall be the place of jurisdiction.

The present General Terms and Conditions are based on a sample of "HÄRTING Rechtsanwälte".

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