Terms & Conditions
Terms & Conditions
1. SCOPE OF APPLICATION
For all orders via our online shop, the following terms and conditions apply. Our online shop is aimed exclusively at consumers.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2. CONTRACTING PARTIES, CONCLUSION OF CONTRACT, CORRECTION OPTIONS
The purchase contract is concluded with Brands of Germany.
By placing the products in the online store, we make a binding offer to conclude a contract for these items. You can place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
The language(s) available for the conclusion of the contract: German, English.
We store the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.
4. DELIVERY CONDITIONS
In addition to the stated product prices shipping costs may still apply. For further details on any applicable shipping costs, please refer to the offers.
In addition, please note that in countries outside the European Union, customs duties and import sales tax may be charged by the respective recipient country, please inquire about this before your purchase at the customs authority responsible for you.
These customs duties and taxes are to be borne by the customer.
In addition, please note that if the import of certain products into your country (e.g. outside of the European Union, products with content of animal origin, such as fish, meat, sausage, etc.) is prohibited due to local legislation, that we cannot be held liable in the event of confiscation by the local customs authorities. In the run-up to your purchase, it is your responsibility to clarify with the customs authorities responsible for you whether the relevant products may be imported into your country.
We only deliver by shipping. Unfortunately, a self collection of the product is not possible.
5. PAYMENT
In our shop, the following payment methods are generally available:
Credit card
With the submission of the order you provide your credit card details. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
SEPA Direct Debit
By submitting the order, you give us a SEPA direct debit mandate. We will inform you of the date of the account debit (so-called prenotification). By submitting the SEPA direct debit mandate, we ask our bank to initiate the payment transaction. The payment transaction will be carried out automatically and your account will be debited. The account is debited before the goods are dispatched. The deadline for the advance notice of the date of the account debit (so-called prenotification deadline) is days after the order.
PayPal Express
In the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction.
6. RESERVATION OF OWNERSHIP
The goods remain our property until full payment.
7. TRANSPORT DAMAGE
If goods are delivered with obvious transport damage, please report such errors to the delivery company as soon as possible and contact us immediately. The non-compliance of a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the freight carrier or the transport insurance.
Please note that if you order goods which can be damaged by the weather conditions, for example heat, during transport (such as melted chocolate), we do not accept any liability for this.
8. WARRANTY AND GUARANTEES
Unless expressly agreed otherwise below, the statutory law on liability for defects shall apply.
For used goods applies: if the defect occurs after one year from delivery of the goods, the claims for defects are excluded. Defects that occur within one year from delivery of the goods can be asserted within the statutory limitation period of two years from the delivery of the goods.
The above limitations and deadline reductions do not apply to claims due to damages caused by us, our legal representatives or vicarious agents
• In case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as malice
• in the case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations)
• as part of a guarantee promise, as far as agreed or
• as far as the scope of application of the Product Liability Act is opened.
Information on any applicable additional warranties and their exact conditions can be found with the product and on special information pages in the online shop.
9. LIABILITY
For claims based on damages caused by us, our legal representatives or agents, we are always liable without limitation
• In case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty
• with guarantee promise, as far as agreed, or
• as far as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
10. DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
Terms and Conditions created with the Trusted Shops [https://legal.trustedshops.com/] legal text in cooperation with FÖHLISCH lawyers [https://foehlisch.com].