General Terms and Conditions

General Terms and Conditions (GTC) of Bäckerei Weißbach GmbH & Co. KG, Antonstraße 1, 09366 Stollberg, Germany, hereinafter also referred to as “Bäckerei Weißbach Online Shop” or “Online Shop”.

§1 General Provisions – Scope of Application

These terms and conditions apply to all current business relationships. The following terms and conditions apply to all orders submitted by customers to the Bäckerei Weißbach Online Shop by email and are deemed accepted by the customer with each order.

Consumers within the meaning of these terms and conditions are natural persons with whom a business relationship is entered into without this being attributable to a commercial or self-employed professional activity.

Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or partnerships with legal capacity with whom a business relationship is entered into and who act in the exercise of their commercial or self-employed professional activity.

Customers within the meaning of these terms and conditions include both consumers and entrepreneurs.

Divergent, conflicting or supplementary general terms and conditions shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing.

§2 Conclusion of Contract

Our offers are subject to change without notice. Technical changes as well as changes in shape, color and/or weight remain reserved within reasonable limits.

By ordering goods, the customer submits a binding declaration of intent to purchase the ordered goods.

When purchasing through the online shop, a purchase contract is concluded upon acceptance of the customer’s order by the Bäckerei Weißbach Online Shop. Price indications in the online shop do not constitute a legally binding offer. Receipt and acceptance of the order may be declared either in writing or by delivery of the goods to the customer. The contract text is stored.

The conclusion of the contract is subject to correct and timely self-delivery by our suppliers. This shall only apply in the event that we are not responsible for the non-delivery, in particular if we have concluded a congruent hedging transaction with our supplier. The customer shall be informed immediately if the service is unavailable. Any consideration already paid shall be refunded immediately.

If the consumer orders the goods electronically, the contract text will be stored by us and sent to the customer by email together with these GTC upon request.

The illustrations, dimensions and weight specifications forming the basis of the offer are to be understood as approximate values only, unless they are expressly designated as binding. Color deviations between the illustration and the original product are possible.

Partial deliveries are permissible insofar as this is reasonable for the customer. Subsequent delivery shall then be free of postage.

Offers, special items and unique items are only available while stocks last.

§3 Retention of Title

The goods remain our property until full payment has been made. Prior to transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without our consent.

§4 Prices and Shipping Costs

The prices listed on the Internet at the time of the order shall apply. The stated prices are final prices, meaning they include the applicable statutory VAT and other price components plus shipping costs as shown during the ordering process. The customer does not incur any additional costs for ordering by means of distance communication.

The customer shall only have a right of set-off if their counterclaims have been legally established or recognized by us. The customer may only exercise a right of retention if their counterclaim is based on the same contractual relationship.

§5 – omitted –

§6 Delivery Terms

Unless otherwise agreed, delivery shall be made ex warehouse to the delivery address specified by the purchaser. For Internet orders, the payment amount is shown in the order confirmation. The customer may print this out. After the transfer or receipt of the payment amount in the account specified in the order confirmation email, the customer shall receive the original invoice together with the goods from the Bäckerei Weißbach Online Shop.

If ordered goods cannot be delivered and are returned to us, we shall charge the costs incurred by us. These are postage costs and a processing fee of EUR 5.00.

§7 Right of Withdrawal

Right of withdrawal for consumers

(A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.)

Withdrawal Policy

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without stating any reasons.

The withdrawal period is fourteen days from the day

– on which you or a third party named by you who is not the carrier took possession of the goods, provided that you ordered one or more goods as part of a single order and these are delivered together;

– on which you or a third party named by you who is not the carrier took possession of the last goods, provided that you ordered several goods as part of a single order and these are delivered separately;

– on which you or a third party named by you who is not the carrier took possession of the last partial shipment or the last item, provided that you ordered goods delivered in several partial shipments or pieces;

To exercise your right of withdrawal, you must inform us, Bäckerei Weißbach GmbH & Co. KG, Antonstraße 1, 09366 Stollberg, Phone: +49 37296 3219, Fax: +49 37296 3230, Email: shop@baeckerei-weissbach.de, of your decision to withdraw from this contract by means of a clear declaration. You may use the attached sample withdrawal form for this purpose, although this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs, with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us, without undue delay and at the latest within fourteen days from the day on which we receive notice of your withdrawal from this contract. For this reimbursement, 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 any fees for this reimbursement.

We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is earlier.

You must send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you inform us about the withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.

You shall bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods if this diminished value is due to handling of the goods that was not necessary for examining their nature, characteristics and functioning.

Grounds for Exclusion or Expiry

The right of withdrawal does not apply to contracts

– for the supply of goods that are not prefabricated and for whose production an individual choice or decision by the consumer is decisive, or which are clearly tailored to the consumer’s personal needs;

– for the supply of goods that can spoil quickly or whose expiration date would quickly be exceeded;

– for the supply of alcoholic beverages whose price was agreed upon at the time of conclusion of the contract, but which can only be delivered at the earliest 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the trader has no control;

– for the supply of newspapers, periodicals or magazines with the exception of subscription contracts.

The right of withdrawal expires prematurely in the case of contracts

– for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;

– for the supply of goods if, after delivery, they have been inseparably mixed with other goods due to their nature;

– for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.

Sample Withdrawal Form

(If you wish to withdraw from the contract, please complete this form and return it.)

– To Bäckerei Weißbach GmbH & Co. KG, Antonstraße 1, 09366 Stollberg, Fax: +49 37296 3230, Email: shop@baeckerei-weissbach.de:

– I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/

the provision of the following service (*)

– Ordered on (*)/ received on (*)

– Name of consumer(s)

– Address of consumer(s)

– Signature of consumer(s) only if this form is notified on paper

– Date

(*) Delete as appropriate.

§8 – omitted –

§9 Terms of Payment

Payment shall be made by:

PayPal

When paying with PayPal, you will be redirected directly to the PayPal page. Log in with your details and confirm the payment process. Your PayPal account will be charged immediately. Should an item not be available, we will refund the amount to your PayPal account within 14 days.

Invoice

The amount is payable within 7 working days. The goods shall be dispatched immediately. During default, the customer shall pay interest on the monetary debt at a rate of 8% above the base interest rate. We reserve the right to prove and claim higher damages for default against the customer.

§10 Transfer of Risk

If the buyer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon handover, and in the case of sale by dispatch upon delivery of the item to the forwarding agent, carrier or other person or institution designated to carry out the shipment.

If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the sold item shall pass to the buyer even in the case of sale by dispatch only upon handover of the item.

Handover shall be deemed equivalent if the buyer is in default of acceptance.

§11 Warranty

The warranty shall be governed by the statutory provisions. The customer’s warranty claims shall initially be limited to the right to repair or replacement delivery, whereby the choice of the consumer may be refused by the Bäckerei Weißbach Online Shop if it is only possible at disproportionate cost. This right of choice shall not apply to entrepreneurs. Repair shall be deemed to have failed after the second unsuccessful attempt, unless something else results in particular from the nature of the item or the defect or the other circumstances. If subsequent performance has failed or if the Bäckerei Weißbach Online Shop has refused subsequent performance or has not responded within a reasonable period set by the customer, the customer shall be entitled to reduce the remuneration or withdraw from the contract. Claims for damages remain unaffected.

Damage caused by improper use, storage or interference by third parties is not covered by the warranty.

For entrepreneurs

Warranty claims of the entrepreneur require that the entrepreneur has properly complied with their inspection and notification obligations pursuant to Section 377 of the German Commercial Code.

If the buyer is an entrepreneur, only the manufacturer’s product description shall generally be deemed agreed as the quality of the goods. Public statements, promotions or advertising by the manufacturer shall not constitute any contractual description of the quality of the goods.

If the end customer is an entrepreneur, the limitation period for new goods shall be 1 year.

Insofar as subsequent performance is carried out by replacement delivery, the customer is obliged to return the initially delivered goods to us within 30 days; we shall bear the resulting costs. Complaints regarding the delivered goods should be addressed to:

Bäckerei Weißbach GmbH & Co. KG

Antonstraße 1

D-09366 Stollberg · Germany

shop@baeckerei-weissbach.de

www.baeckerei-weissbach-shop.de

Product Information

The goods have the following characteristics, of which the customer is hereby informed:

Due to individual monitor settings, the color reproduction of the products shown in the illustration may differ from the delivered goods. The illustrations of the items do not correspond to the original size. This does not constitute a defect and is not a reason for complaint.

The customer is not granted any guarantees in the legal sense by us.

§12 Limitations of Liability

The Bäckerei Weißbach Online Shop excludes liability for damages caused by slight negligence, provided that these do not concern essential contractual obligations, damages resulting from injury to life, body or health, or guarantees, and provided that claims under the Product Liability Act are not affected. The same shall apply to breaches of duty by the vicarious agents of the “Bäckerei Weißbach Online Shop”. In the event of breach of essential contractual obligations, liability in cases of slight negligence shall be limited to damages typically associated with the contract and foreseeable.

§13 Data Protection

The customer is hereby informed that the “Bäckerei Weißbach Online Shop” collects, stores and processes their data to the extent necessary for the performance of the contract and on the basis of the applicable data protection regulations. Data shall only be passed on to the extent necessary for the purpose of providing the service and performing the contract. At the customer’s request, the data shall be deleted free of charge.

§14 Copyright

All photos and logos on these pages are the property of the “Bäckerei Weißbach Online Shop”. Reproduction and/or redistribution of the image materials provided here in any form require the written permission of the “Bäckerei Weißbach Online Shop”.

§15 Final Provisions

This contract shall be governed exclusively by the laws of the Federal Republic of Germany. If the customer is an entrepreneur, the place of jurisdiction shall be the registered office of Bäckerei Weißbach GmbH & Co. KG, Antonstraße 1, 09366 Stollberg; however, Bäckerei Weißbach GmbH & Co. KG, Antonstraße 1, 09366 Stollberg, shall also be entitled to sue the customer at the court of the customer’s place of residence. The place of performance for entrepreneurs shall be the registered office.

For customers from other EU member states, the exclusive place of jurisdiction and place of performance shall be the registered office of Bäckerei Weißbach GmbH & Co. KG, Antonstraße 1, D-09366 Stollberg, Germany.

If any provision of these General Terms and Conditions is invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.